SB90 Shott AMT 3-6

Reese 3382

Delegate Shott moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 90 -- A BILL to amend and reenact §17C-3-3c, §17C-5A-3 and §17C-5A-3a of the Code of West Virginia, 1931, as amended, relating to transferring the Safety and Treatment Program, which treats and educates people whose licenses were revoked due to concerns of alcohol and/or drug use while operating a motor vehicle, from the Department of Health and Human Resources to the Division of Motor Vehicles; requiring the Division of Motor Vehicles  to stay or supersede imposition of suspension of  under §17C-3-3a of this code if a person successfully participates in an approved treatment and job program as prescribed in §61-11-26a of this code; requiring the Division of Motor Vehicles to waive reinstatement fees established by §17B-3-9 of this code when provided proof of successful completion of an approved  treatment and job program prescribed in §61-11-26a of this code, and  proof of compliance from judicial authorities; providing that any stay or supersedeas shall be removed by the Division of Motor Vehicles if the participant fails to complete or comply with the approved  treatment and job program established under §61-11-26a of this code; providing that successful compliance with the substance abuse and counselling program prescribed in §61-11-26a of this code is sufficient to meet the requirements of the safety and treatment program administered under §17C-5A-3 of this code; creating a special revenue account known as the Division of Motor Vehicles Safety and Treatment Fund to be administered by the Commissioner of the Division of Motor Vehicles; providing that as of July 1, 2019, all moneys held in the Department of Health and Human Resources Safety and Treatment Fund shall be transferred to the Division of Motor Vehicles Safety and Treatment Fund; establishing that  program providers shall remit a portion of the colected fee to be deposited by the Commissioner of the Division of Motor Vehicles into the Division of Motor Vehicles Safety and Treatment Fund; requiring the Division of Motor Vehicles to reimburse enrollment fees for each eligible indigent offender; requiring the Commissioner of the Division of Motor Vehicles to report to the legislature on specific matters on or before January 15 of each year; providing the Division of Motor Vehicles shall provide an educational program for each person whose license has been suspended pursuant to §17C-5A-2(n) of this code;  providing under certain circumstances that the Division of Motor Vehicles shall propose and implement a plan for victim impact panels;  requiring the Division of Motor Vehicles to ensure meetings between victims and offenders is nonconfrontational and safe; requiring the Commissioner of  the Division of Motor Vehicles to promulgate  a legislative  rule for approval to establish a fee for enrollment in the safety and treatment program, a reimbursement program, and program standards; establishing that the Legislature finds an emergency exists requiring the Commissioner to file an emergency rule to implement §17C-5A-3 of this code by July 1, 2019; requiring that the fees related to ignition interlock devices shall be waived for the indigent as determined by the Division of Motor Vehicles; providing that the Department of Motor Vehicles may reduce a license revocation period for second or subsequent offense for driving under the influence of drugs to a one year minimum;  providing  the Department of Motor Vehicles may issue a restricted license on conditions an individual participates in the treatment and job program as prescribed in §61-11-26a of this code, satisfactorily performs in the treatment program, and submits to two years of monthly drug testing;  providing that if a person is required to participate in an alcohol test and lock program for another offense, they may do so while meeting certain described conditions; establishing that if a person fails to submit to drug tests or fails to pass the drug test the full period of revocation is reinstated; establishes that  a person whose revocation period is reinstated is only credited for revocation  time served prior to receipt of restricted privileges; and authorizing the Commissioner of the Department of Motor Vehicles to promulgate emergency rules.