West Virginia State Police Legal Services

1999 Legislative Update

Laws Passed that Affect Law Enforcement

Prepared by:

First Sergeant Stephen W. Cogar, Esq.


The following information represents both synopsis and full-text of laws passed during the 1999 session of the West Virginia Legislature. This document does not purport to contain all laws affecting law enforcement. This information was taken from enrolled bills obtained from the Legislature. You should consult the Acts of the Legislature and/or the enrolled bills in order to obtain full-texts of the laws. This information may be available at www.legis.state.wv.us/Code/toc.html in the future or by calling Legislative Services at 304.347.4800.
 



W. Va. Code 31A-2A-6: Maxwell Governmental Access to Financial Records Act.
 

The law now authorizes a financial institution to disclose or produce financial records upon being served with a subpoena issued under authority of a grand jury without notice or service upon the financial institution's customer. The records must be presented to the grand jury and maintained under seal.
 

Effective date: June 10, 1999.
 



W. Va. Code §20-7-12: Motorboat identification numbers required; application for numbers; fee; displaying; reciprocity; change of ownership; conformity with United States regulations; records; renewal of certificate; transfer of interest, abandonment, etc.; change of address; unauthorized numbers; information to be furnished to assessors.
 

The section was amended to raise motorboat registration fees beginning April 1, 2000. All boats with engines of three horsepower or greater are required to register for three year periods with the Division of Motor Vehicles. The increases are as follows: Class A motorboats less than 16 feet in length - $30; Class 1 motorboats 16 feet to 26 feet - $45; Class 2 motorboats 26 to 45 feet - $60; and Class 3 motorboats 40 feet or over - $75. The amended section also requires that boaters age 15 and over have a motorboat safety course certificate before they can operate either a motorboat or a personal watercraft. The certificate must be presented on demand to a law enforcement officer. The following persons are exempt from the West Virginia certification requirements:
 


 
 
 

2. A person who is visiting the state for 90 days or less in a motorboat or personal watercraft from a country other than the United States.
 

Effective date: June 11, 1999.
 



W. Va. Code §46A-6G-1 et seq.: Electronic Mail Protection Act.
 

This new law prohibits sending unsolicited bulk electronic mail messages, or any other electronic mail message with the intent to defraud residents of West Virginia. It also prohibits e-mail messages from containing false information, from concealing the identity of the sender, and from containing sexually explicit material. In addition, the new law prohibits selling or distributing software that enables the sending of bulk e-mail. The law provides only civil penalties - no criminal penalties.
 

Effective date: June 11, 1999.
 



W. Va. Code 61-8D-3a: Female genital mutilation; penalties; definitions.
 

This new law makes it a felony for any person who circumcises, excises or infibulates (which is defined as the sewing together of the labia), in whole or in part, the labia majora, labia minora or clitoris of a female under the age of eighteen, or any parent, guardian or custodian of a female under the age of eighteen who allows the circumcision, in whole or in part, of such female's labia majora, labia minora or clitoris. The penalty is imprisonment for 2 to 10 years and/or a fine of up to $5,000.
 

Effective date: May 24, 1999.
 



W. Va. Code 5-1-16a: Expungement of criminal record upon full and unconditional pardon.
 

This new law permits certain persons who have received full and unconditional pardons from the governor to petition the circuit court in the county where the conviction took place to have their criminal record expunged of the charge subject to the pardon. Further, a person is not eligible to file the petition until 2 years after the pardon is granted and the record cannot be expunged until 20 years has passed since the person's sentence was discharged by the court. Finally, persons convicted of murder, treason or kidnaping cannot petition for expungement even it they receive a pardon.
 

Effective date: May 26, 1999.
 



W. Va. Code §17C-4-1: Accidents involving death or personal injuries.
 

This section was amended to enhance the penalty associated with a conviction for leaving the scene of a crash where death is involved from a misdemeanor to a felony punishable by up to 3 years in prison and/or a fine up to $5,000. The penalty for leaving the scene involving personal injury was amended and now provides for up to 1 year in jail and/or up to a $1,000 fine.

Effective date: June 9, 1999.
 



W. Va. Code 61-2-10b: Malicious assault; unlawful assault; battery and recidivism of battery; assault on police officers, conservation officers, humane officers, emergency medical service personnel, firefighters, fire marshal and county or state correctional employees; penalties.
 

This section was amended to provide enhanced penalties for assault or battery against employees of urban mass transportation systems.
 

Effective date: June 6, 1999.
 



W. Va. Code 61-5-27: Intimidation of and retaliation against public officers and employees, jurors and witnesses; fraudulent official proceedings and legal processes against public officials and employees; penalties.
 

This section was amended to create two new crimes.
 

The penalties for a violation of this new law are: 1st Offense: misdemeanor - up to 1 year and/or $1,000 fine. 2nd and Subsequent Offenses: felony - 1 to 3 years and/or up to a $2,000 fine.
  The penalty for a violation of this new law is a felony punishable by 1 to 3 years and/or up to a $2,000 fine.
 

Important definitions associated with the new laws are as follows:
 

Effective date: June 11, 1999.
 



W. Va. Code 61-5-27a: Fraudulent official proceedings; causing a public employee or official to file a fraudulent legal process; impersonation of a public official, employee or tribunal; penalties.
 

This new law creates four crimes:
 

The penalties for each of these offenses are identical. 1st Offense: misdemeanor - up to 1 year and/or up to a $1,000 fine. 2nd Offense: felony - 1 to 10 years and/or up to a $2,000 fine. Civil damages are also available.
 

Effective date: June 11, 1999.
 




W. Va. Code 17B-4-3: Driving while license suspended or revoked; driving while license revoked for driving under the influence of alcohol, controlled substances or drugs, or while having alcoholic concentration in the blood of ten hundredths of one percent or more, by weight, or for refusing to take secondary chemical test of blood alcohol contents.
 

This section was amended to remove the mandatory jail sentence for first offense driving while revoked or suspended. This does not apply to those persons driving while revoked or suspended for driving under the influence of alcohol or controlled substances.
 

Effective date: March 13, 1999.
 



W. Va. Code 61-7-15: Persons prohibited from committing violent crime while wearing body armor; penalties.
 

This new law states that a person who wears or is otherwise equipped with body armor while committing a felony offense, an element of which is force, physical harm to another or the use or presentment of a firearm or other deadly weapon, is guilty of a felony punishable by 2 to 10 years in prison and/or up to a $10,000 fine.
 

Effective date: June 10, 1999.
 



W. Va. Code 17C-3-4b: Traffic violations in construction zones; posting requirement; criminal penalty.
 

This section was amended to establish two tiers of speeding in a construction zone with different penalties. The law now provides that if a person is convicted of exceeding the speed limit by less than 15 mph, he or she is subject to a fine not to exceed $200. If a person is convicted of exceeding the speed limit by 15 mph or more, he or she is subject to a fine not to exceed $200 and/or up to 20 days in jail.
 

Effective date: March 1, 1999.
 



W. Va. Code §17C-6-1: Speed limitations generally; penalty.
 

This section was amended to change the penalty for 3rd offense speeding (if the two previous offenses occurred in the preceding 2 years) to a fine of up to $500 and/or up to a 6 month jail sentence only if the 3rd offense involves speeding 15 mph or more over the posted speed limit.
 

Effective date: March 1, 1999.
 



The following West Virginia Code sections have been amended to do away with potential jail sentences either entirely or for first offenses:
 

W. Va. Code §17A-3-1: Misdemeanor to violate provisions of article, penalty. (Relating to original and renewal of registration; issuance of certificates of title)
 

W. Va. Code §17A-9-2: Operation of vehicles without evidences of registration; use of temporary facsimile; penalty.
 

W. Va. Code §17B-2-1: Drivers must be licensed; types of license; licensees need not obtain local government license; motorcycle license; identification cards; penalty.
 

W. Va. Code §17B-2-9: License to be carried and exhibited on demand; penalty.
 

W. Va. Code §17C-3-4: Obedience to traffic-control devices; official signs to be in proper position, etc; penalty.
 

W. Va. Code §17C-3-6: Pedestrian walk and wait signals; penalty.
 

W. Va. Code §17C-6-5: Special speed limitations; penalty.
 

W. Va. Code §17C-7-1: Driving on right side of roadway; exceptions; penalty.
 

W. Va. Code §17C-7-2: Passing vehicles in opposite directions; penalty.
 

W. Va. Code §17C-7-3: Overtaking and passing vehicle proceeding in same direction - Passing on the left generally; penalty.
 

W. Va. Code §17C-7-5: Same - limitations on overtaking on the left; penalty.
 

W. Va. Code §17C-7-6: Same - limitations on driving to left of center of roadway; penalty.
 

W. Va. Code §17C-7-7: Same - No passing zones; penalty.
 

W. Va. Code §17C-7-8: One-way roadways and rotary traffic islands; penalty.
 

W. Va. Code §17C-7-9: Driving on roadways laned for traffic; penalty.
 

W. Va. Code §17C-7-11: Driving on divided highways; penalty.
 

W. Va. Code §17C-7-12: Controlled-access roadway - Driving onto or from; penalty.
 

W. Va. Code §17C-8-2: Right turns; penalty.
 

W. Va. Code §17C-8-3: Left turns on two-way roadways; penalty.
 

W. Va. Code §17C-8-4: Left turns on other than two-way roadways; penalty.
 

W. Va. Code §17C-8-6: Turning on curve or crest of grade prohibited; penalty.
 

W. Va. Code §17C-8-8: Turning movements and required signals; penalty.
 

W. Va. Code §17C-9-6: Misdemeanor to violate provisions of article; penalty. (Relating to Right-of-Way laws).
 

W. Va. Code §17C-10-7: Penalty for pedestrians violating the provisions of this article. (Relating to Pedestrians' Rights and Duties).
 

W. Va. Code §17C-12-6: Stopping before emerging from alley or private driveway; penalty.
 

W. Va. Code §17C-13-1: Stopping, standing or parking outside of business or residence districts; penalty.
 

W. Va. Code §17C-13-3: Stopping, standing or parking prohibited in specified places; penalty.
 

W. Va. Code §17C-13-4: Right and left parallel parking; angle parking; highway signs restricting parking, etc.; penalty.
 

W. Va. Code §17C-14-1: Unattended motor vehicle; penalty.
 

W. Va. Code §17C-14-2: Limitations on backing; penalty.
 

W. Va. Code §17C-14-4: Obstruction of driver's view or driving mechanism; penalty.
 

W. Va. Code §17C-14-5: Passengers in seat with operator; penalty.
 

W. Va. Code § 17C-14-6: Passengers on running board; penalty.
 

W. Va. Code §17C-14-7: Driving on mountain highways; penalty.
 

W. Va. Code §17C-14-8: Coasting prohibited; penalty.
 

W. Va. Code §17C-14-9: Following authorized emergency vehicles; penalty.
 

W. Va. Code §17C-14-10: Crossing fire hose; penalty.
 

W. Va. Code §17C-14-13: Vehicle parked on private property; penalty.
 

W. Va. Code §17C-15-6: Penalty for violations of provisions of this article. (Relating to Vehicle Equipment).
 

W. Va. Code §17C-15-36a: Sun screening devices; penalty.
 

W. Va. Code §17D-2A-4: Certificate of insurance.
 

W. Va. Code §17D-2A-9: Criminal penalty. (Relating to Security Upon Motor Vehicles).
 

W. Va. Code §20-2-31: Size and form of license and tag; contents; unlawful to alter license or permits; penalty.
 

W. Va. Code §20-7-26: Unlawful disposal of litter; civil and criminal penalty; litter control fund; evidence; notice violations; litter receptacle placement; penalty; duty to enforce violations.
 

W. Va. Code §60-6-9: Intoxication or drinking in public places; illegal possession of alcoholic liquor; arrests by sheriffs or their deputies for violation in their presence; penalty.
 

W. Va. Code §61-3-39a: Making, issuing, etc., worthless checks; penalty.
 

Effective date: March 1, 1999.
 



W. Va. Code §61-2-14a: Penalty for enticing away, kidnaping or holding hostage any person.
 

This section was amended to create the offense of taking a person hostage which is a felony punishable by life in prison. Further, the law now states that if a person is returned unharmed without ransom being paid, the penalty is 10 to 30 years in prison. If the person is returned unharmed after ransom has been paid, the penalty is 20 to 50 years in prison. Finally, the law creates a child concealment offense as follows:
 

Notwithstanding any other provision of this section, if a violation of this section is committed by a family member of a minor abducted or held hostage and he or she is not motivated by monetary purposes, but rather intends to conceal, take, remove the child or refuse to return the child to his or her lawful guardian in the belief, mistaken or not, that it is in the child's interest to do so, he or she shall be guilty of a felony and, upon conviction thereof, be confined in a correctional facility for not less than one or more than five years or fined not more than one thousand dollars, or both.
 

Effective date: June 11, 1999.
 



W. Va. Code §61-6-17: False reports concerning bombs or other explosive devices; penalties.
 

This section was amended to create an offense in situations where a false bomb report leads to personal injury of any person. The new crime is a felony punishable by 1 to 5 years in prison and/or a fine up to $10,000.
 

Effective date: June 11, 1999.
 



W. Va. Code §61-2-15: Assault, battery on school employees; penalties.
 

This law was amended to provide for misdemeanor charges of assault or battery against school employees when the attack was in retaliation for some supervisory or disciplinary action. Assault carries a penalty of 5 days to 6 months in jail and/or a fine of $50 to $100. Battery carries a penalty of 10 days to 1 year in jail and/or a fine of $100 to $500.
 

Effective date: June 10, 1999.
 



W. Va. Code §62-11B-6: Circumstances under which home incarceration may not be ordered.
 

This section was amended to authorize magistrates to sentence persons convicted of crimes of violence to home confinement if the victim and the person so sentenced do not reside in the same home.
 

Effective date: June 10, 1999.
 



W. Va. Code §15-11-1: Sex Offender Registration Act.
 

The Act was amended to move it from Chapter 61 to Chapter 15 as well as to provide clarification in a variety of areas. The Act now requires persons convicted of criminal offenses with sexual motivation to register and provide certain personal information and information about the crime(s) that they committed. A specific list of crimes that are considered to be sexually violent for purposes of determining the length of the registration was added. Finally, new categories for lifetime registrants were added.
 

Effective date: June 11, 1999.
 



W. Va. Code §17A-8-4: Unlawful taking of vehicle.
 

This section was amended to enhance the penalties for 2nd and 3rd offenses. 2nd Offense: felony - 1 to 3 years and/or up to $3,000 fine, or 1 year in jail. 3rd and Subsequent Offenses: felony - 1 to 3 years and/or up to a $5,000 fine, with no jail time permitted.
 

Effective date: June 11, 1999.
 
 
 
 
 
 
 
 
 



W. Va. Code §61-3-52: Wrongful injuries to timber; criminal penalties.
 

This section was amended to enhance the penalty associated with 2nd and subsequent offenses. These offenses are now felonies punishable by 1 to 3 years in prison and a fine not to exceed 3 times the value of the timber.
 

Effective date: June 13, 1998.
 



W. Va. Code §20-2B-7: Lifetime hunting, fishing and trapping licenses created.
 

This section was amended to allow the Director of the Division of Natural Resources to issue West Virginia residents lifetime hunting, fishing, and trapping licenses to be used in lieu of the equivalent annual license. Full-time nonresident students who attend an in-state college or university are not eligible to purchase any of the lifetime licenses.
 

Effective date: March 13, 1999.
 



W. Va. Code §20-2-11: Sale of wildlife; transportation of same.
 

This section was amended to make it a crime to sell the organs and feet of legally killed bears.
 

Effective date: June 10, 1999.
 



W. Va. Code §18B-4-5: Campus police officers; appointment; qualifications; authority, compensation and removal.
 

This section was amended to rename campus security officers as "campus police officers."
 

Effective date: March 13, 1999
 



W. Va. Code §18B-4-5a: Crimes committed on campus of institutions of higher education.
 

This new section allows campus police officers to receive crime reports and disseminate them to the public in certain instances.
 

Effective date: March 13, 1999.
 



W. Va. Code §30-29-1: Definitions.
 

W. Va. Code §30-29-5: Certification requirements.
 

These sections were amended to include campus police officers in the definition of the "law enforcement officer" and to provide for certification and training.
 

Effective date: March 13, 1999.
 



W. Va. Code §60A-5-501: Powers of enforcement personnel. (Relating to the Uniform Controlled Substances Act).
 

This section was amended to permit campus police officers to enforce laws under the Uniform Controlled Substances Act.
 

Effective date: March 13, 1999.
 



W. Va. Code §17C-23-1 et seq.: Funeral processions.
 

This new law regulates funeral processions and has the following provisions:
 

Effective date: June 10, 1999.
 



W. Va. Code §21-3-20: Use of video and other electronic surveillance devices by employers prohibited.
 

This new section prohibits the use of electronic surveillance devices by employers to monitor areas assigned for employees' comfort as well as restrooms, dressing rooms, and locker rooms. 1st Offense: misdemeanor - up to $500 fine. 2nd Offense: misdemeanor - up to a $1,000 fine. 3rd and subsequent offenses: misdemeanor - up to a $2,000 fine.
 

Effective date: June 11, 1999.
 
 
 
 
 
 
 
 
 



W. Va. Code §15-2-12(n): Mission of the state police; powers of the superintendent, officers and members; patrol of turnpike.
 

A new section was added to this law requiring all law enforcement agencies to immediately open an investigation when a missing person who has Alzheimer's disease or related dementia is reported as missing.
 

Effective date: June 8, 1999.
 



W. Va. Code §25-1-17: Monitoring of inmate telephone calls; procedures and restrictions; calls to or from attorneys excepted.
 

This section was amended to allow corrections officials to monitor, intercept, record, and disclose to law enforcement agencies the substance of inmate telephone calls. Correction's officials are required to provide one non-monitored telephone for inmate conversations with their attorney.
 

Effective date: May 30, 1999.
 



W. Va. Code §25-1-18: Monitoring inmate mail; procedures and restrictions; identifying mail from a state correctional institution; mail to or from attorneys excepted.
 

This new section allows corrections officials to monitor, open, review, copy, and disclose inmate mail to law enforcement agencies. Mail between an inmate and his or her attorney is exempt from monitoring.
 

Effective date: May 30, 1999.
 



W. Va. Code §25-1-22: Imposition of sexual intercourse or sexual intrusion on inmate; penalty.
 

This new section creates a crime for any person employed by the Division of Corrections or any person working at a correctional facility to engage in consensual sexual intercourse or sexual intrusion with a person who is incarcerated. The penalties for this misdemeanor offense, which applies to inmates as well, are up to 1 year in jail and/or up to a $500 fine.
 

Effective date: June 11, 1999.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 



W. Va. Code §25-1-11: Officers employees of corrections institutions.
 

This law was amended to require pre-employment drug screening for prospective correctional employees.
 

Effective date: June 11, 1999.
 



W. Va. Code §25-1-11c: Hiring of other assistants and employees; duties of correctional employees; right to carry weapons; powers of correctional peace officers.
 

This new section allows correctional employees to carry weapons while on-duty only once they have been trained to do so. Also, the law describes the powers of correctional peace officers which include the enforcement of correctional rules, the power to detain persons who commit crimes on corrections property, the power to conduct investigations, pursue and apprehend escapees as well as the power to execute criminal process on persons in the custody of corrections or who surrender at a correctional facility.
 

Effective date: June 11, 1999.
 



W. Va. Code §37-6-6: Desertion of leased property; entry; recovery of rent, disposition of abandoned personal property; notice.
 

This section was amended to allow landlords to seize and store any abandoned personal property left by a tenant who fails to pay their rent after giving the tenant 30 days notice.
 

Effective date: June 19, 1999.
 



W. Va. Code §7-1-3: Jurisdiction, powers and duties. (Relating to County Commissions generally).
 

This section was amended to prohibit a county commission from restricting the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun or any ammunition or ammunition components to be used therewith nor to so regulate the keeping of gunpowder so as to, directly or indirectly, prohibit the ownership of ammunition.
 

Effective date: June 1, 1999.
 



W. Va. Code §8-12-5a: Limitations upon municipalities' power to restrict the purchase, possession, transfer, ownership, carrying, transport, sale and storage of certain weapons and ammunition.
 

This section prohibits a municipality or the governing body of a municipality from restricting the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun or any ammunition or ammunition components to be used therewith nor to so regulate the keeping of gunpowder so as to, directly or indirectly, prohibit the ownership of ammunition.
 

Effective date: June 1, 1999.
 



W. Va. Code §15-2-4: Appointment of commissioned officers, non-commissioned officers, other members; temporary and permanent positions.
 

This section was amended to permit the Superintendent of the State Police to temporarily appoint 17 supervisors holding the ranks of Captain, Major or Lieutenant Colonel.
 

Effective date: March 12, 1999.
 



W. Va. Code §17D-2A-6: Investigation by duly authorized law-enforcement officer to include inquiry regarding required security; notice by officer or court to division of motor vehicles.
 

The section was amended to allow a magistrate to accept a valid insurance certificate as proof that insurance was in effect. The law previously required current documentation from the driver's insurance company such as a correspondence.
 

Effective date: February 18, 1999.
 



W. Va. Code §17A-3-18: Notice of change of address or name. (Relating to vehicle registration).
 

This section was amended to require persons who are assigned a new address by the United States Postal Service or other duly constituted authority to notify the Division of Motor Vehicles of their old and new addresses as well as the registration and title number of their vehicle at least 10 days prior to the last date on which their mail will be delivered to the old address. Also, there is no longer any jail penalty associated with a violation of this law.
 

Effective date: June 7, 1999.
 



W. Va. Code §17B-2-13: Notice of change of address or name. (Relating to motor vehicle driver's license).
 

This section was amended to require persons who are assigned a new address by the United States Postal Service or other duly constituted authority to notify the Division of Motor Vehicles of their old and new addresses as well as their driver's license number at least 20 days prior to the last date on which their mail will be delivered to the old address. Also, there is no longer any jail penalty associated with a violation of this law.
 

Effective date: June 7, 1999.
 



W. Va. Code §17A-2-10: Motor vehicles commissioner - Reciprocal agreements with other states.
 

This section was amended to authorize the Commissioner of Motor Vehicles to enter into reciprocal agreements with other nations in order to recognize foreign driver's licenses and vehicle registrations as valid in West Virginia.
 

Effective date: June 11, 1999.
 



W. Va. Code §17C-1-64: Passenger van. (Relating to the section on definitions).
 

This new section defines a "passenger van" as any van or other motor vehicle owned by any agency, business or other legal entity and operated for the purpose of transportation of children under the age of eighteen years, other than a van utilized for private use, taxicab, bus or school bus. Passenger vans include, but are not limited to, vehicles used by day care centers, after-school centers and nursery schools.
 

W. Va. Code §17C-12-7a: Signs and warning lights or alternative warning devices upon passenger vans; passing a passenger van; criminal penalties.
 

This new section creates several requirements for the operation of passenger vans as described above. These vans are required to have plainly visible signs on the front and rear warning "Caution: Loading and Unloading Passengers" in letters not less than 6 inches in height. Further, they are required to have flashing warning lights as described in §17C-12-8, or a red caution flag which the driver or some other adult must use by exiting the passenger van and displaying while assisting in the loading and unloading of passengers. Passenger vans may also be equipped with a strobe light meeting the requirements of §17C-15-26. Other drivers approaching passenger vans loading and unloading passengers must stop as they do for school buses if the lights are flashing or if the flagman is present. Violations are misdemeanors punishable by a fine of $50 to $200 and/or a jail sentence of not more than 6 months. If the identity of the driver is unknown, the owner or lessee is guilty of a misdemeanor punishable by a fine of $25 to $100.
 

Effective date: June 8, 1999.
 



W. Va. Code §17C-4-6: Immediate reports of accidents.
 

This section has been amended to raise from $250 to $500 the amount of damage required for a driver to report a traffic crash to the police.
 

Effective date: June 9, 1999.
 



W. Va. Code §17A-10-1: Classification of vehicles for purpose of registration.
 

This section was amended to raise the maximum gross weight for farm trucks from 64,000 lbs. to 80,000 lbs.
 

W. Va. Code §17A-10-3: Registration fees for vehicles equipped with pneumatic tires.
 

This section was amended to provide a $250 registration fee for farm trucks weighing 80,000 lbs.
 

Effective date: June 11, 1999.
 



W. Va. Code §17C-17-11: Permits for excess size and weight.
 

This section was amended to allow the Commissioner of Highways to issue a special overweight permit for containerized freight trucks used to transport containers shipped by sea.
 

Effective date: June 11, 1999.
 



W. Va. Code §17E-1-3: Definitions (Relating to commercial driver's license)
 

This section was amended to define the term "violation of an out-of-service order" as either the operation of a commercial motor vehicle during the period the driver was placed out-of-service or the operation of a commercial motor vehicle by a driver after the vehicle was placed out-of-service and before the required repairs are made.
 

Effective date: June 11, 1999.
 



W. Va. Code §17E-1-7: Commercial driver's license required; disqualification for driving without valid license.
 

This section was amended to require the Commissioner of Motor Vehicles to suspend for a period of 90 days the driving privileges of any person who is convicted of operating a commercial motor vehicle without holding a valid commercial driver's license and applicable endorsements for the vehicle he or she is driving.
 

Effective date: June 11, 1999.
 



W. Va. Code §17E-1-13: Disqualification and cancellation.
 

This section was amended to provide that a conviction for violating an out-of-service order is a disqualifying offense. For the first offense the disqualification would be for a period of 90 days, for the second offense within a 10 year period disqualification would be for a period of 1 year, and for third and subsequent offenses within a 10 year period, the disqualification would for a period of 3 years. If the violation occurred while the person was transporting hazardous materials or while operating a vehicle designed to transport 16 or more persons, then the period for first offense would be 180 days and for second and subsequent offenses occurring within a 10 year period, disqualification would be for 3 years.
 

Effective date: June 11, 1999.
 



W. Va. Code §17E-1-14: Commercial drivers prohibited from driving with blood alcohol concentration of four hundredths of one percent or more; refusal of preliminary breath test to determine alcohol content of blood; criminal penalties.
 

This section was amended to remove the criminal penalties associated with driving with a measurable amount of alcohol.
 

Effective date: June 11, 1999.
 



W. Va. Code §17A-3-4: Application for certificate of title; tax for privilege of certification of title; penalty for false swearing.
 

This section was amended to remove the privilege tax for businesses who own rental vehicles.
 

Effective date: June 11, 1999.
 



W. Va. Code §17A-3-12: Commissioner to issue certificate of title; signatures on certificate; certificate of title to be delivered to owner or lienor.
 

This section was amended to allow the Commissioner to issue vehicle titles electronically.
 

Effective date: June 11, 1999.
 



W. Va. Code §17A-3-17b: Application for registration; certain motor vehicle dealers authorized to issue certificates of registration for certain vehicles.
 

This new section allows the Division of Motor Vehicles to authorize motor vehicle dealers to transfer license plates from one vehicle to another.
 

Effective date: June 11, 1999.
 



W. Va. Code §17A-4-7: Release by lienholder to owner.
 

This section was amended to allow the Division of Motor Vehicles to issue a new certificate of title upon receiving electronic acknowledgment that a lien has been released.
 

Effective date: June 11, 1999.
 
 
 
 
 
 
 
 
 
 
 



W. Va. Code §17A-4A-1: Certificate to show liens and encumbrances.
 

This section was amended to allow the Division of Motor Vehicles to deliver certificates of titles bearing liens or encumbrances electronically.
 

Effective date: June 11, 1999.
 



W. Va. Code §17A-4A-2a: Electronic transfer of liens.
 

This new section allows the Division of Motor Vehicles to electronically transmit a lien to the first lienholder on a certificate of title and to receive subsequent liens electronically. It also provides that no hard copy of a certificate of title will be issued when an electronic lien exists.
 

Effective date: June 11, 1999.
 



W. Va. Code §17A-4A-7: Release of lien or encumbrance shown on certificate of title.
 

This section was amended to allow for the release of liens and encumbrances electronically.
 

Effective date: June 11, 1999.
 



W. Va. Code 17A-6-1b: Dealers authorized to issue motor vehicle registration.
 

This new section authorizes the Division of Motor Vehicles to allow motor vehicle dealers to issue and transfer registration electronically or otherwise on vehicles sold by them.
 

Effective date: June 11, 1999.
 



W. Va. Code §17C-15-26(e): Special restrictions on lamps.
 

This section was amended to allow white strobe lights on vehicles belonging to any organization that receives funding from federal or state transit administrations for the purpose of providing general transportation or for hauling solid waste.
 

Effective date: June 11, 1999.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 



W. Va. Code 17B-2-1: Drivers must be licensed; types of license; licensees need not obtain local government license; motorcycle driver license; identification cards.
 

This section was amended to allow the Commissioner of Motor Vehicles to change the expiration date of a person's driver's license to that person's birthday. The age that a person may obtain a non-operator identification card has been lowered from age 16 to age 2.
 

Effective date: June 11, 1999.
 



W. Va. Code §7-7-23: Awarding service pistol upon retirement.
 

This new section requires a county commission to authorize a sheriff to award a retiring deputy his or her service pistol upon determining that the deputy is retiring honorably with at least 20 years of service or if the deputy is retiring with less than 20 years of service due to being totally physically disabled.
 

Effective date: June 9, 1999.
 



W. Va. Code §17B-2-9a: Exemptions of certain railroad workers. (Relating to driver's licensing).
 

This new section states that in any circumstance involving an accident or alleged violation of law in which an engineer or any other crew member of any train is detained by any law enforcement officer, the engineer and all crew members are not required to furnish a driver's license issued by the Division of Motor Vehicles. They are required, however, to produce photo identification issued by the railroad employer or any other state or federal authority.
 

Effective date: June 11, 1999.
 



W. Va. Code §15-11-1: Law-enforcement, safety and emergency worker funeral expense fund created.
 

This new law creates a special fund known as the "Law-Enforcement, Safety and Emergency Worker Funeral Expense Payment Fund" from which funeral expenses up to $8,000 may be paid for police officers, firefighters, correctional officers, and emergency medical services personnel who are killed while performing their official duties.
 

Effective date: June 11, 1999.
 



W. Va. Code §17A-6-13: Use of special plates; records to be maintained by dealer. (Relating to dealer's plates).
 

This section was amended to allow motor vehicle dealers to use dealer plates on one pick-up truck or van designated as a parts truck used exclusively to transport parts for the dealership. nse issued by the Division of Motor Vehicles. They are required, however, to produce photo identification issued by the railroad employer or any other state or federal authority.
 

Effective date: June 11, 1999.
 



W. Va. Code §15-11-1: Law-enforcement, safety and emergency worker funeral expense fund created.
 

This new law creates a special fund known as the "Law-Enforcement, Safety and Emergency Worker Funeral Expense Payment Fund" from which funeral expenses up to $8,000 may be paid for police officers, firefighters, correctional officers, and emergency medical services personnel who are killed while performing their official duties.
 

Effective date: June 11, 1999.
 



W. Va. Code §17A-6-13: Use of special plates; records to be maintained by dealer. (Relating to dealer's plates).
 

This section was amended to allow motor vehicle dealers to use dealer plates on one pick-up truck or van designated as a parts truck used exclusively to transport parts for the dealership.