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Engrossed Version House Bill 4069 History

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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED

H. B. 4069


(By Delegates Stemple, Brown, Hrutkay,

Kessler, Pino and Overington)


[Introduced January 17, 2008; referred to the

Committee on the Judiciary.]




A BILL to amend and reenact §17B-2-12 of the Code of West Virginia, 1931, as amended; and to further amend said article by adding thereto a new section, designated §17B-2-12a , all relating to requiring vision screening for renewal of a driver's license.

Be it enacted by the Legislature of West Virginia:

That §17B-2-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated §17B-2-12a , all to read as follows:

ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.

§17B-2-12. Expiration of licenses.

(a) Except as provided in subsection (e) (c) of this section, every driver's license shall expire five years from the date of its issuance.(b)(1) Every driver's license issued to persons a person who have has attained their his or her twenty-first birthday shall expire on the day of the month designated by the commissioner in which the applicant's birthday occurs licensee's birthday in those years in which the applicant's licensee's age is evenly divisible by five. Except as provided in the following subdivisions and in subsection (e) (c) of this section, no driver's license may be issued for less than three years nor or for more than seven years and shall be valid for a period of five years, expiring in on the month in which the applicant's birthday occurs and licensee's birthday in a year in which the applicant's licensee's age is evenly divisible by five. (2) Every driver's license issued to persons a person who have has not attained their his or her twenty-first birthday shall expire on the day of the month designated by the commissioner in the
year in which the applicant attains the age of twenty-one years thirty days after the licensee's twenty-first birthday, except as provided in section three-a of this article. (3) The driver's license of any person in the Armed Forces is extended for a period of shall expire six months from after the date on which the person is separated from active duty in the Armed Forces under honorable circumstances. from active duty in the Armed Forces (4) The commissioner may change the date that a driver's license expires from the last day of the month in those years specified in subdivisions (1) and (2) of this subsection to the day of the month in which the applicant's birthday occurs in those years. If the commissioner changes the expiration date, the change may only affect new licenses and renewed licenses. (c) A person who allows his or her driver's license to expire may apply to the division for renewal of the license. Application shall be made upon a form furnished by the division and shall be accompanied by payment of the fee required by section eight of this article plus an additional fee of five dollars. The commissioner shall determine whether the person qualifies for a renewed license and may, in the commissioner's discretion, renew any expired license without examination of the applicant. (d) Each renewal of a driver's license shall contain a new color photograph of the licensee. By first class mail to the address last known to the division, the commissioner shall notify each person who holds a valid driver's license of the expiration date of the license. The notice shall be mailed at least thirty days prior to the expiration date of the license and shall include a renewal application form.
(e) (c) A license issued to a person who is not a citizen of the United States may only be issued for the time the person is legally authorized to be in the United States, not to exceed five years. If the time the person is authorized to be in the United States is extended, the commissioner may renew the license in accordance with section twelve-a of this article for the time extended, not to exceed five years.
§17B-2-12a. Renewal of driver's license upon expiration; vision screening; renewal fees.

(a) The commissioner shall notify each person who holds a valid driver's license of the expiration date of the license by first class mail to the last address known to the division . The notice shall be mailed at least ninety days prior to the expiration date of the license and shall include a renewal application form and instructions for renewal.
(b) The holder of a valid driver's license may apply to the division for renewal of the license on the form provided by the division. To be eligible for license renewal the applicant must:
(1) Pay the fee required by section eight of this article;

(2) Obtain a new color photograph from the division; and
(3) Pass a vision screening conducted by the division.
(c) The commissioner shall assess an additional fee of five dollars for every application for renewal submitted after the expiration of the applicant's license.
(d) The commissioner shall determine whether an applicant qualifies for a renewed license.
(e) The commissioner shall provide by rule a procedure by which an applicant who does not meet the minimum vision standards for licensure may present evidence to show that his or her vision has been corrected to meet the minimum visual standards and that he or she is capable of safely operating a motor vehicle.
(f) The commissioner may not renew the driver's license of an applicant whose eyesight cannot be corrected to conform to the minimum vision standards established by this code and by the rules of the commissioner.
(g) Vision screening conducted pursuant to this section shall not be used to collect any type of personal biometic identifying information, including but not limited to, a retinal scan.
(h) The commissioner shall propose legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this section.
(i) The provisions of this section requiring an applicant for renewal of a driver's license to successfully complete a vision screening as a condition of renewing a driver's license shall become effective on the first day of January, two thousand nine.



NOTE: The purpose of this bill is to require persons applying for renewal of a driver's license to pass a vision screening administered by the Division of Motor Vehicles.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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