A BILL to repeal sections nine, fifteen and sixteen, article two-a, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section eighteen, article fifteen, chapter eleven; to amend and reenact sections one, two, three, four, five, seven, eleven, twenty and twenty-two, article two-a, chapter twenty-nine; to further amend said article two-a by adding thereto six new sections, designated sections eleven-a, eleven-b, eleven-c, eleven-d, eleven-e and eleven-f; and to amend and reenact section fifteen, article two-b, chapter twenty-nine of said code, all relating to the state aeronautics commission generally; repealing provisions providing for state airways; repealing the licensing of air schools and aeronautics instructors; repealing provisions providing for state airways; repealing certificates for airport sites and licensing airports; amending definitions; providing for creation and membership of state aeronautics commission; authorizing powers and duties of commission; providing for organization of commission, its meetings, report and offices; providing for director of aeronautics, the appointment, qualifications, compensation, power and duties and for administrative and other assistance; amending federal aid requirements; prohibiting the operation of aircraft while intoxicated; penalties; providing for implied consent to test; administration at direction of law-enforcement officer; designation of type of test; definition of law-enforcement officer; preliminary analysis of breath to determine alcoholic content of blood; how blood test administered; additional test at option of person tested; use of test results; certain immunity from liability incident to administering test; interpretation and use of chemical test; right to demand test; fee for withdrawing blood sample and making urine test; payment for fees; enforcement of aeronautics laws; authorizing commission orders; notices; providing opportunity for hearings; offenses and criminal penalties; and tax on gasoline and special fuel.

As used in the statutes of West Virginia, unless the context otherwise requires:

There is hereby created an aeronautics commission, to be known as "The West Virginia State Aeronautics Commission," to consist of five members to be appointed by the governor, by and with the advice and consent of the Senate. One of such members shall be the state road commissioner secretary of transportation ex officio, whose term as such member shall continue for the period that he holds the office of state road commissioner secretary of transportation. The other four members of the commission shall be appointed by the governor, each to serve a term beginning the first day of July, one thousand nine hundred forty-seven, one to serve for a term of one year, one to serve for a term of two years, one to serve for a term of three years, and one to serve for a term of four years. The successors of the members (other than the state road commissioner secretary of transportation) initially appointed as provided herein, shall be appointed for terms of four years each in the same manner as the members originally appointed under this article, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Each member shall serve until the appointment and qualification of his successor. No more than three members of the commission shall be members of the same political party. All members of the commission shall be citizens and residents of this state. The members of the commission who shall be appointed by the governor as provided by this section shall be selected with due regard to their fitness by reason of their aeronautical knowledge and practical experience in the field of aeronautics. In making such appointments, the governor shall, so far as may be possible and practicable, select the several members from different geographical sections of the state.

The commission shall adopt a seal, and shall make, and may from time to time amend, such rules and regulations for the administration of the powers granted to it by this article as are not inconsistent therewith and as the commission may deem expedient. The commission shall organize by electing from among its members a chairman who shall serve as such for a period of two years. Such chairman shall have the power to sign documents, execute contracts, and otherwise act for and in the name of the commission in all matters within the lawful powers of the commission and duly authorized by a majority of its members.

A director of aeronautics shall be appointed by the commission, who shall serve for an indefinite term at the pleasure of the commission. He shall be appointed with due regard to his fitness, by aeronautical education and by knowledge of and recent practical experience in aeronautics, for the efficient dispatch of the powers and duties vested in and imposed upon him by this article. He shall hold or have held a federal commercial pilot's license. He shall devote his entire time to perform the duties of his office as required and prescribed by this article, and shall may not be actively engaged or employed in any other business, vocation or employment, nor shall he have any pecuniary interest in, or any stock in, or bonds of, any civil aeronautical enterprise. He shall receive such compensation as the commission may determine, which said compensation shall, however, conform in general to the compensation received by persons occupying positions of similar importance and responsibility with other agencies of this state. He shall be reimbursed for all traveling and other expenses incurred by him in the discharge of his official duties. The director shall be the executive officer of the commission and under its supervision shall administer the provisions of this article and the rules, regulations and orders established thereunder, and all other laws of the state relative to aeronautics. The director shall attend, but not vote, at all meetings of the commission. He shall act as secretary of the commission and shall be in charge of its offices and responsible to the commission for the preparation of reports and the collection and dissemination of data and other public information relating to aeronautics. At the direction of the commission he shall, together with the chairman of the commission, execute all contracts entered into by the commission which are legally authorized and for which funds are provided in any appropriations act. The commission may, by written order filed in its office, delegate to the director any of the powers or duties vested or imposed upon it by this article. Such delegated powers and duties may be exercised by such director in the name of the commission. The commission may also employ such administrative, engineering, technical and clerical assistance as may be required. The director and such other assistants may, under the supervision of the commission, insofar as is reasonably possible, make available the engineering and other technical services of the commission, without charge to any municipality, and with or without charge to any other person desiring them, in connection with the construction, maintenance or operation, or proposed construction, maintenance or operation of any airport. The commission, the director, and such other assistants as may be designated by the commission shall see that the state and federal laws governing aviation and the rules and regulations of the commission are carried out. They shall have police powers and may make arrests for the violation of this article, or the rules and regulations of the commission.

(a) The commission is authorized to cooperate with the government of the United States, and any agency or department thereof, in the planning, acquisition, construction, improvement, maintenance and operation of airports and other air navigation facilities in this state, and is authorized to accept federal aid either outright or by way of matching the same in whole or in part as may be required, and when funds for matching are available to the commission, and to comply with the provisions of the laws of the United States and any regulations made thereunder for the expenditure of federal moneys upon such airports and other air navigation facilities.

No person shall operate an aircraft in the air over, or on the ground or water within this state while intoxicated or under the influence of intoxicating liquor, drugs or narcotics controlled substances, or with any alcohol concentration in his or her blood of ten one hundredths of one percent or more by weight; nor shall the owner of such aircraft, knowingly permit the same to be so operated by a person who is intoxicated, or under the influence of controlled substances, intoxicating liquor, drugs or narcotics or has any alcohol concentration in his or her blood of ten one hundredths of one percent or more by weight.

When a law-enforcement officer has reason to believe a person has committed an offense prohibited by section eleven of this article, the law-enforcement officer may require such person to submit to a preliminary breath analysis for the purpose of determining such person's blood alcohol content. Such breath analysis must be administered as soon as possible after the law-enforcement officer has a reasonable belief that the person has been operating an aircraft while under the influence of alcohol, controlled substances or drugs. Any preliminary breath analysis required under this section must be administered with a devise and in a manner approved by the bureau of public health for that purpose. The results of a preliminary breath analysis shall be used solely for the purpose of guiding the officer in deciding whether an arrest should be made. When an operator is arrested following a preliminary breath analysis, the tests as hereinafter provided in this article shall be administered in accordance with the provisions thereof.

Only a doctor of medicine or osteopathy, or registered nurse, or trained medical technician at the place of his or her employment, acting at the request and direction of the law-enforcement officer, may withdraw blood for the purpose of determining the alcoholic content thereof. These limitations shall not apply to the taking of a breath test or a urine specimen. In withdrawing blood for the purpose of determining the alcoholic content thereof, only a previously unused and sterile needle and sterile vessel may be utilized and the withdrawal shall otherwise be in strict accord with accepted medical practices. A nonalcoholic antiseptic shall be used for cleansing the skin prior to venapuncture. The person tested may, at his or her own expense, have a doctor of medicine or osteopathy, registered nurse or trained medical technician at the place of his or her employment, of his or her own choosing, administer a chemical test in addition to the test administered at the direction of the law-enforcement officer. Upon the request of the person who is tested, full information concerning the test taken at the direction of the law-enforcement officer shall be made available to him or her. No person who administers any such test upon the request of a law-enforcement officer as herein defined, no hospital in or with which such person is employed or is otherwise associated or in which such test is administered, and no other person, firm or corporation by whom or with which such person is employed or is in any way associated, may be in anyway criminally liable for the administration of such test, or civilly liable in damages to the person tested unless for gross negligence or willful or wanton injury.

Any person lawfully arrested for operating an aircraft in this state while under the influence of alcohol, controlled substances or drugs shall have the right to demand that a sample or specimen of his or her blood, breath or urine be taken within two hours from and after the time of arrest, and that a chemical test thereof be made. The analysis disclosed by such chemical test shall be made available to such arrested person forthwith upon demand.

A reasonable fee shall be allowed to the person withdrawing a blood sample or administering a urine test at the request and direction of a law-enforcement officer in accordance with the provisions of this article. If the person whose blood sample was withdrawn or whose urine was tested was arrested and charged with a violation of section eleven of this article, the county having venue of such charge shall pay said fee, and if said person is subsequently convicted of such charge, such fee shall be taxed as a part of the costs of the criminal proceeding and shall be paid, notwithstanding any other provision of this code to the contrary, into the general fund of said county.

It shall be the duty of the commission, its members, the director, officers and such employees of the commission as may be designated by it, and every state and municipal officer charged with the enforcement of state and municipal laws, to enforce and assist in the enforcement of this article and of all rules, regulations and orders issued pursuant thereto and of all other laws of this state relating to aeronautics; and in that connection each of the aforesaid persons is authorized to inspect and examine at reasonable hours any aircraft, the credentials of any airman or other person engaged in aeronautics required by the laws of this state or of the United States to have in his or her possession credentials evidencing his or her authority or permission to engage in aeronautics, any premises, and the buildings and other structures thereon, where airports, air navigation facilities, air schools or other aeronautical activities are operated or conducted. In aid of the enforcement of this article, the rules, regulations and orders issued pursuant thereto and of all other laws of the state. relating to aeronautics, general police powers are hereby conferred upon the commission, each of its members, the director, and such other officers and employees of the commission as may be designated by it to exercise such powers.

Every order of the commission requiring performance of certain acts or compliance with certain requirements and any denial or revocation of an approval certificate or license shall set forth the reasons and shall state the acts to be done or requirements to be met before approval by the commission will be given or the approval license or certificate granted or restored or the order modified or changed. Orders issued by the commission pursuant to the provisions of this article shall be served upon the persons affected either by registered mail or in the manner provided by chapter fifty-six, article two, section one, code of one thousand nine hundred thirty-one. In every case where notice and opportunity for hearing are required under the provisions of this article, the order of the commission shall, on not less than ten days' notice, specify a time when and place where the person affected may be heard, or the time within which he may request hearing, and such order shall become effective upon the expiration of the time for exercising such opportunity for hearing unless a hearing is held or requested within the time provided, in which case the order shall be suspended until the commission shall affirm, disaffirm or modify such order after hearing held or default by the person affected.

(a) Any airplane pilot who flies an airplane with numbers invisible to escape identification under this article shall be guilty of a misdemeanor, and, upon conviction thereof, have his license revoked for a period of five years.