Senate Bill No. 309
(By Senator Manchin)
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[Introduced February 9, 1994; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact sections six, eight and twelve,
article three, chapter seventeen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact sections ten and twelve-a, article
seven, chapter sixty of said code, all relating to
suspension of driving privileges of persons who misrepresent
their age by using false identification or consume alcohol
under the age of twenty-one; providing for a longer
suspension for a second or subsequent offense; authorizing
the alcohol beverage control commission to appoint county
and municipal law-enforcement agencies to assist in
inspecting premises of alcohol beverage control commission
licensees; and authorizing law-enforcement officers who
assist the commissioner to do so in plain clothes.
Be it enacted by the Legislature of West Virginia:
That sections six, eight and twelve, article three, chapter
seventeen-b of the code of West Virginia, one thousand ninehundred thirty-one, as amended, be amended and reenacted; and
that sections ten and twelve-a, article seven, chapter sixty of
said code be amended and reenacted, all to read as follows:
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-6. Authority of division to suspend or revoke license;
hearing.
(a) The division is hereby authorized to suspend the
driver's license of any person without preliminary hearing upon
a showing by its records or other sufficient evidence that the
licensee:
(1) Has committed an offense for which mandatory revocation
of a driver's license is required upon conviction;
(2) Has by reckless or unlawful operation of a motor
vehicle, caused or contributed to an accident resulting in the
death or personal injury of another or property damage;
(3) Has been convicted with such frequency of serious
offenses against traffic regulations governing the movement of
vehicles as to indicate a disrespect for traffic laws and a
disregard for the safety of other persons on the highways;
(4) Is an habitually reckless or negligent driver of a motor
vehicle;
(5) Is incompetent to drive a motor vehicle;
(6) Has committed an offense in another state which if
committed in this state would be a ground for suspension or
revocation;
(7) Has failed to pay or has defaulted on a plan for the
payment of all costs, fines, forfeitures or penalties imposed by
a magistrate court or municipal court within ninety days, as
required by section two-a, article three, chapter fifty or
section two-a, article ten, chapter eight of this code;
(8) Has failed to appear or otherwise respond before a
magistrate court or municipal court when charged with a motor
vehicle violation as defined in section three-a of this article;
or
(9) Is under the age of eighteen and has withdrawn either
voluntarily or involuntarily from a secondary school, as provided
in section eleven, article eight, chapter eighteen of this code;
or
(10) Has been convicted of an offense under subsection (a)
or (b), section twelve-a, article seven, chapter sixty of this
code: Provided, That a conviction under subsection (a) or (b) of
such section, article and chapter shall be treated by any court,
subject to section four of this article, as a conviction for a
violation of a law governing or regulating the licensing of a
motor vehicle: Provided, however, That for a first conviction a
person's license shall be suspended for six months: Provided
further, That for a second conviction a person's license shall be
suspended for one year: And provided further, That for a third
or subsequent conviction a person's license shall be suspended
for two years.
(b) The driver's license of any person having his or herlicense suspended shall be reinstated if:
(1) The license was suspended under the provisions of
subdivision (7), subsection (a) of this section and the payment
of costs, fines, forfeitures or penalties imposed by the
applicable court has been made; or
(2) The license was suspended under the provisions of
subdivision (8), subsection (a) of this section, and the person
having his or her license suspended has appeared in court and has
prevailed against the motor vehicle violations charged.
(c) Any reinstatement of a license under subdivision (1) or
(2), subsection (b) of this section shall be subject to a
reinstatement fee designated in section nine of this article.
(d) Upon suspending the driver's license of any person as
hereinbefore in this section authorized, the division shall
immediately notify the licensee in writing, sent by certified
mail, return receipt requested, to the address given by the
licensee in applying for license, and upon his request shall
afford him an opportunity for a hearing as early as practical
within not to exceed twenty days after receipt of such request in
the county wherein the licensee resides unless the division and
the licensee agree that such hearing may be held in some other
county. Upon such hearing the commissioner or his duly
authorized agent may administer oaths and may issue subpoenas for
the attendance of witnesses and the production of relevant books
and papers and may require a reexamination of the licensee. Upon
such hearing the division shall either rescind its order ofsuspension or, good cause appearing therefor, may extend the
suspension of such license or revoke such license.
§17B-3-8. Suspension for more than one year.
The department shall not suspend a driver's license or
privilege to drive a motor vehicle on the public highways for a
period of more than one year, except
as provided in subsection
(a) of section six of this article and subsection (b) of section
twelve of this article, or as provided in chapter seventeen-c of
this code.
§17B-3-12. Mandatory suspension for fraudulent use of driver's
license.
(a) The commissioner shall suspend for a period of one year
the driver's license of any person upon receipt of a sworn
affidavit from any law-enforcement officer or employee of the
division of motor vehicles stating that the person committed any
one of the following acts:
(1) Displayed or caused or permitted to be displayed to any
law-enforcement officer or employee of the division of motor
vehicles or have in his or her possession any canceled, revoked,
suspended, fictitious or fraudulently altered driver's license;
(2) Loaned or gave his or her driver's license to any other
person or knowingly permitted the use thereof by another for an
unlawful or fraudulent purpose;
(3) Displayed or represented as one's own any driver's
license not issued to him or her.
(4) Used a false or fictitious name or birth date on anyapplication for a driver's license or knowingly made a false
statement, knowingly concealed a material fact or otherwise
committed a fraud in making application for a driver's license.
(b) The commissioner shall, upon receipt of a sworn
affidavit from any law-enforcement officer stating that a person
under twenty-one years of age has violated subsection (a) or (b)
of section twelve-a, article seven, chapter sixty of this code,
suspend the driver's license of such person for six months upon
the first conviction; one year upon the second conviction; and
two years upon the third or subsequent conviction.
(b) (c) For the purposes of this section, "driver's license"
means any permit, camera card, identification card or driver's
license issued by this state to a person which authorizes the
person to drive a motor vehicle of a specific class or classes
subject to any restriction or endorsement contained thereon.
(c) (d) No person shall have his or her driver's license
suspended under any provision of this section unless he or she
shall first be given written notice of such suspension sent by
certified mail, return receipt requested, at least twenty days
prior to the effective date of the suspension. Within ten days
of the receipt of the notice of the suspension, the person may
submit a written request by certified mail for a hearing and
request a stay of the suspension pending the results of the
hearing. Upon receipt of the request for a hearing and request
for a stay of the suspension, the commissioner shall grant a stay
of the suspension pending the results of the hearing. If thecommissioner shall after hearing make and enter an order
affirming the earlier order of suspension, the person affected
shall be entitled to judicial review as set forth in chapter
twenty-nine-a of this code and, pending the appeal, the court may
grant a stay or supersedeas of such order. If the person does
not appeal the suspension or the suspension is affirmed by the
court, the person shall surrender his or her driver's license or
have the license impounded in the manner set forth and subject to
the imposition of fees as provided in section nine of this
article.
(d) (e) The suspended driver's license shall be reinstated
following the period of suspension and upon compliance with the
conditions set forth in this chapter.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-10. Duties and powers of commissioner.
The commissioner is hereby authorized:
(a) To enforce the provisions of this article.
(b) To enter the premises of any licensee at reasonable
times for the purpose of inspecting the same, and determining the
compliance of said licensee with the provisions of this article
and any rules and regulations promulgated by the commissioner
pursuant to the provisions of this article:
Provided, That the
commissioner has the authority to appoint any county or municipal
law-enforcement agency in this state, as that term is defined in
section one, article twenty-nine, chapter thirty of this code, toassist the commissioner in the fulfillment of his or her duties
hereunder to inspect the premises of any licensee: Provided,
however, That any such West Virginia law-enforcement agency so
appointed must be located in the same municipality as such
licensee, in the event such agency is under the authority of such
municipality, or be located in the same county as such licensee,
in the event such agency is under the authority of such county:
Provided further, That any law-enforcement officer who assists
the commissioner to enforce the provisions of this article shall
do so in plain clothes.
(c) To promulgate such reasonable rules and regulations as
may be necessary for the execution and enforcement of the
provisions of this article, which may include, but shall not be
limited to, the hours during which licensees may sell alcoholic
liquors, and the use, handling, service and sale of such
alcoholic liquors. Such rules and regulations shall be
promulgated in accordance with the provisions of article three,
chapter twenty-nine-a of the code in like manner as if said
article three of said chapter twenty-nine-a were set forth in
extenso in this subdivision.
(d) To issue subpoenas and subpoenas duces tecum for the
purposes of conducting hearings under the provisions of section
thirteen of this article, which subpoenas and subpoenas duces
tecum shall be issued in the time, for the fees, and shall be
enforced in the manner specified in section one, article five,
chapter twenty-nine-a of this code with like effect as if saidsection one were set forth in extenso in this subdivision.
The authority granted in subdivisions (a), (b), and (d) of
this section may also be exercised by the duly authorized agents
of the commissioner.
§60-7-12a. Unlawful acts by persons.
(a) A person under the age of twenty-one years may not
order, pay for, share the cost of or attempt to purchase any
nonintoxicating beer, wine or alcoholic liquors from a licensee
or consume any nonintoxicating beer, wine or alcoholic liquors
purchased from a licensee or possess any nonintoxicating beer,
wine or alcoholic liquors purchased from a licensee. Any person
under the age of twenty-one years who violates any provisions of
this subsection is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined in an amount not to exceed five hundred
dollars or imprisoned in the county jail for a period not to
exceed seventy-two hours, or both fined and imprisoned, and, in
addition to such fine and imprisonment, may, for the first
offense, be placed on probation for a period not to exceed one
year:
Provided, That nothing in this subsection shall prohibit
a person who is at least eighteen years of age from purchasing or
possessing nonintoxicating beer, wine or alcoholic liquors when
he or she is acting upon the request of or under the direction
and control of any member of a state, federal or local law-
enforcement agency or the West Virginia alcohol beverage
administration while the agency is conducting an investigation or
other activity relating to the enforcement of the alcoholbeverage control statutes and the rules and regulations of the
commissioner.
(b) Any person under the age of twenty-one years who, for
the purpose of purchasing nonintoxicating beer, wine or alcoholic
liquors from a licensee, misrepresents his or her age, or who for
such purpose presents or offers any written evidence of age which
is false, fraudulent or not actually his or her own, or who
illegally attempts to purchase nonintoxicating beer, wine or
alcoholic liquors from a licensee, is guilty of a misdemeanor,
and, upon conviction thereof, shall be fined in an amount not to
exceed five hundred dollars or shall be imprisoned in the county
jail for a period not to exceed seventy-two hours, or both such
fine and imprisonment, or, in lieu of such fine and imprisonment,
may, for the first offense, be placed on probation for a period
not exceeding one year.
(c) In addition to the penalties stated above in subsections
(a) and (b), any person under the age of twenty-one years who
violates subsection (a) or (b) shall, upon the first conviction,
have their driver's license suspended for six months; upon a
second conviction, have their driver's license suspended for one
year; and upon a third or subsequent conviction, have their
driver's license suspended for two years.
(c) (d) Any person who knowingly buys for, gives to or
furnishes to anyone under the age of twenty-one, any
nonintoxicating beer, wine or alcoholic liquors purchased from a
licensee, is guilty of a misdemeanor and shall, upon convictionthereof, be fined not more than five hundred dollars, or
imprisoned in the county jail not more than ten days, or both
fined and imprisoned.
NOTE: The purpose of this bill is to provide for the
suspension of a persons driver's license when a person under the
age of twenty-one is caught drinking; whether they purchased the
alcoholic beverage themselves, someone else purchased it for them
or they purchased it using a false identification. This bill
provides for a lengthier suspension for second and subsequent
convictions. This bill also provides that the ABCC commissioner
has authority to appoint local police agencies to assist the
commission in inspecting the premises where alcoholic beverages
are sold. Finally, it provides that police officers who assist
the commissioner may do so in plain clothing.
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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