WEST virginia legislature
2018 regular session
Committee Substitute
for
House Bill 2831
By Delegates Gearheart and Frich
[By Request of the Division of Motor Vehicles]
[Originating in the Committee on Government Organization; January 26, 2018]
A BILL to amend and reenact §17B-2-7a of the Code of West Virginia, 1931, as amended, relating to the reconstitution of the Driver’s Licensing Advisory Board; requiring one member of the board to be a board certified neurologist in this state; requiring the board to respond to requests of the commissioner when necessary in the discretion of the commissioner; and striking an outdated sunset provision.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-7a. Driver's Licensing Advisory Board.
(a)The
Driver's Licensing Advisory Board is hereby continued. The board shall consist
of five members to be appointed by the Governor, by and with the advice and
consent of the Senate, for terms of three years, except commencing
July 1, 2018: Provided, That as to the members first appointed, two
shall be appointed for a term of three years, two shall be appointed for a term
of two years and one shall be appointed for a term of one year, all from
July 1, 1974 Provided however, That members who last
served as members of the board prior to the reenactment of this section by the
Legislature in the 2018 Regular Session shall continue to serve until their
successors have been appointed. A member shall continue to serve until his or
her successor has been appointed. All vacancies occurring on the board
shall be filled by the Governor, by and with the advice and consent of the
Senate. One member of the board shall be an
optometrist duly registered to practice optometry in this state, one member
shall be a board certified neurologist who is licensed to practice medicine in
this state, and the other four three members of the board
shall be physicians or surgeons duly licensed to practice medicine or surgery
in this state. The Governor shall appoint persons qualified to serve on the
board who, in his or her opinion, will best serve the work and
function of the board.
(b)The board shall advise the Commissioner of Motor Vehicles as to vision standards and all other medical criteria of whatever kind or nature relevant to the licensing of persons to operate motor vehicles under the provisions of this chapter. The commissioner may, in her or his discretion, request the opinion of the board. The board shall, upon request, advise the Commissioner of Motor Vehicles as to the mental or physical fitness of an applicant for, or the holder of, a license to operate a motor vehicle. The board shall furnish the commissioner with all such medical standards, statistics, data, professional information and advice as he or she may reasonably request.
(c) The
members of the board shall receive the same compensation and expense
reimbursement in an amount not to exceed the same compensation and expense
reimbursement as is paid to members of the Legislature for their interim
duties as recommended by the Citizens Legislative Compensation Commission and
authorized by law, for each day or substantial portion thereof engaged in the
performance of official duties. Each member of the board shall be reimbursed
for his or her actual and necessary expenses for each day or portion thereof
engaged in the discharge of official duties in a manner consistent with
guidelines of the Travel Management Office of the Department Of Administration.
Pursuant to
the provisions of article ten, chapter four of this code, the driver's
licensing advisory board shall continue to exist until July 1, 2009.
NOTE: The purpose of this bill is to reconstitute the Driver’s Licensing Advisory Board, to require one member of the board to be a licensed neurologist in this state, to require the board to respond to requests of the commissioner when necessary in the discretion of the commissioner, to delete obsolete language.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.