H. B. 2797
(By Delegates Warner and Butcher)
[Introduced January 30, 2003; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section eighteen-a, article six,
chapter seventeen-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and reenact
section eight, article one-d, chapter seventeen-b of said
code, all relating to advisory boards to the commissioner of
motor vehicles; authorizing the division of motor vehicles to
reimburse members of the motor vehicle dealer advisory board
and members of the motorcycle safety awareness board for
travel and other reasonable and necessary expenses.
Be it enacted by the Legislature of West Virginia:
That section eighteen-a, article six, chapter seventeen-a of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section eight, article
one-d, chapter seventeen-b of said code be amended and reenacted,
all to read as follows:
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS;
SPECIAL PLATES; TEMPORARY PLATES OR MARKERS.
§17A-6-18a. Motor vehicle dealers advisory board.
(a) There is created a motor vehicle dealers advisory board to
assist and to advise the commissioner on the administration of laws
regulating the motor vehicle industry; to work with the
commissioner in developing new laws, rules or policies regarding
the motor vehicle industry; and to give the commissioner such
further advice and assistance as he or she may from time to time
require.
The board shall consist of nine members and the commissioner
of motor vehicles, or his or her representative, who shall be an ex
officio member. Two members shall represent new motor vehicle
dealers, with one of these two members representing dealers that
sell less than one hundred new vehicles per year; one member shall
represent used motor vehicle dealers; one member shall represent
wrecker/dismantler/rebuilders; one member shall represent
automobile auctions; one member shall represent recreational
dealers; one member shall represent the West Virginia attorney
general's office; and two members shall represent consumers. All
of the representatives, except the attorney general representative
who shall be designated by the attorney general, shall be appointed by the governor with the advice and consent of the Senate, with no
more than five representatives being from the same political party.
The appointed members shall serve without compensation
The terms of the board members shall be for three years
commencing the first day of July, one thousand nine hundred
ninety-six. Two members shall be appointed to serve one year, two
members shall be appointed to serve two years and five members
shall be appointed to serve three years. Successive appointments
shall be for the full three years. The attorney general
representative shall serve continuously.
The board shall meet at least four times annually and at the
call of the commissioner.
(b) The commissioner shall consult with the board before he or
she takes any disciplinary action against a dealer, an automobile
auction or a license service to revoke, or suspend a license, place
the licensee on probation or levy a civil penalty, unless the
commissioner determines that the consultation would endanger a
criminal investigation.
(c) The commissioner may consult with the board by mail, by
facsimile, by telephone or at a meeting of the board, but the
commissioner is not bound by the recommendations of the board. The
commissioner shall give members seven days from the date of a
mailing or other notification to respond to proposed actions,
except in those instances when the commissioner determines that the delay in acting creates a serious danger to the public's health or
safety or would unduly compromise the effectiveness of the action.
(d) No action taken by the commissioner shall be subject to
challenge or rendered invalid on account of his or her failure to
consult with the board.
(e) The appointed members shall serve without compensation,
however, members are entitled to reimbursement of travel and other
necessary expenses actually incurred while engaged in legitimate
board activities in accordance with the guidelines of the travel
management office of the department of administration or successor
agency.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 1D. MOTORCYCLE SAFETY EDUCATION.
§17B-1D-8. Motorcycle safety and education committee terminated;
motorcycle safety awareness board created.
(a) The motorcycle safety and education committee created
pursuant to subsection (f), of section forty-four, article fifteen,
chapter seventeen-c of this code will terminate on the thirtieth
day of June, two thousand one.
(b) Effective the first day of July, two thousand one, there
is created an eight member motorcycle safety awareness board
consisting of four ex officio members and four nongovernmental
members. The ex officio members are the motorcycle safety program
coordinator, as appointed under section two of this article, or a designee; the superintendent of the state police or a designee; the
commissioner of the bureau of public health or a designee; and the
commissioner of the division of tourism or a designee. The four
nongovernmental members are a licensed motorcycle operator who will
be appointed for an initial term of one year; a member of American
bikers aimed toward education (ABATE) or the West Virginia
confederation of motorcycle clubs who will be appointed for an
initial term of one year; a licensed insurance agent who has a
valid motorcycle endorsement who will be appointed for an initial
term of two years; and, an owner of a motorcycle dealership or
supplier of aftermarket nonfranchised motorcycle supplies who will
be appointed for an initial term of three years. The motorcycle
safety program coordinator shall serve as chair of the board. The
nongovernmental members will be appointed by the governor with the
advice and consent of the Senate. and will serve without
compensation The terms will be for three years, except for the
initial appointments which will be staggered according to the
provisions of this article. Members may be reappointed to the
board. Any nongovernmental member who is absent without good cause
from three consecutive meetings of the board may be removed from
the board and a new member appointed by the governor.
(c) The board may recommend to the superintendent of the state
police types and makes of protective helmets, eye protection
devices and equipment offered for sale, purchased or used by any person. The board may make recommendations to the commissioner of
motor vehicles regarding the use of the moneys in the motorcycle
safety fund created under section seven of this article. The board
shall report annually to the Legislature on or before the first day
of each regular legislative session.
(d) The appointed members shall serve without compensation,
however, members are entitled to reimbursement of travel and other
necessary expenses actually incurred while engaged in legitimate
board activities in accordance with the guidelines of the travel
management office of the department of administration or successor
agency.
Strike-throughs indicate language that would be stricken from
present law, and underscoring indicates new language that would be
added.
Email
Webmaster | © 2024 West Virginia Legislature **
