H. B. 2216
(By Delegate Warner)
[Introduced February 25, 1997; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact section six, article three, chapter
seventeen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to suspension of
the driver's license of a student who fails to maintain a
minimum grade point average of 1.0.
Be it enacted by the Legislature of West Virginia:
That section six, article three, chapter seventeen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
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(9) Is under the age of eighteen and has withdrawn either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 has failed to maintain a minimum grade point average of 1.0
while enrolled in a secondary school.
(b) The driver's license of any person having his or her
license 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
or her request
shall afford him
or her an opportunity for a hearing as early as
practical within not to exceed twenty days after receipt of
such
the request in the county wherein the licensee resides unless the
division and the licensee agree that
such the hearing may be held
in some other county. Upon
such the hearing the commissioner or
his
or her 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 the hearing the
division shall either rescind its order of suspension or, good
cause appearing therefor, may extend the suspension of
such the
license or revoke
such the license.
NOTE: The purpose of this bill is to require school
students to maintain a minimum grade point average of 1.0 to
avoid a driver's license suspension.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.