WEST virginia legislature
2021 regular session
Introduced
Senate Bill 346
By Senators Weld, Smith, Ihlenfeld, Nelson, and Jeffries
[Introduced February 18,
2021; referred
to the Committee on Transportation and Infrastructure]
A BILL to amend and reenact §17A-2-19 of the Code of West Virginia, 1931, as amended, relating to the Division of Motor Vehicles use of electronic means and other alternate means to provide notice.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. DIVISION OF MOTOR VEHICLES.
§17A-2-19. Giving of notice.
Whenever the department
division is authorized or required to give any notice under this chapter
or other law regulating the operation of vehicles, unless a different method of
giving such notice is otherwise expressly prescribed, such notice shall be
given either by personal delivery thereof to the person to be so notified, or
by deposit in the United States mail of such the notice in an envelope
with postage prepaid, addressed to such the person at his or
her address as shown by the records of the department division or
by electronic means to an address or designation provided by the person.
Notwithstanding any code provision to the contrary, any time the division is
required to deliver notice by certified or registered mail, the division may
deliver notice by electronic means or alternate delivery methods that verify
delivery in a manner similar to certified or registered mail. The giving
Delivery of notice by mail is complete upon the expiration of four days
after such deposit of said the notice. Proof of the giving of
notice in either such any manner may be made by the certificate
of any officer or employee of the department division or
affidavit of any person over 18 years of age, naming the person to whom such
the notice was given and specifying the time, place, and manner of the
giving thereof.
NOTE: The purpose of this bill is to allow the DMV to use electronic means to provide notice to licensees and vehicle owners with the expectation that actual notice will be provided more frequently and efficiently using modern technology for delivery.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.