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Introduced Version House Bill 3124 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3124


(By Delegates Manuel, Doyle and Tabb)
[Introduced February 21, 2003; referred to the
Committee on Government Organization.]




A BILL to amend and reenact section eight, article one-d, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to membership on the motorcycle safety awareness board; providing that nongovernmental members reside in differing geographical regions of the state.

Be it enacted by the Legislature of West Virginia:
That section eight, article one-d, 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 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 five, there is created an eight nine member motorcycle safety awareness board consisting of four ex officio members and four five 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 five 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 two owners of a motorcycle dealership or supplier dealerships or suppliers of aftermarket nonfranchised motorcycle supplies who will be appointed for an initial term of three years. The five nongovernmental members shall be appointed in such a manner to provide a broad geographical distribution of the members. At least one member shall reside in the eastern panhandle of the state, at least one member shall reside in the northern panhandle of the state, at least one member shall reside in or around the geographical center of the state, and, at least one member shall reside in or around the geographical southern portion of the state. 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.

NOTE: The purpose of this bill is to
require nongovernmental members on the motorcycle safety awareness board reside in differing geographical regions of the state .

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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