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Legislative Watch

West Virginia


7/28/03-Lawmakers failed to pass legislation before the Legislature's special session ended July 1 that would have stiffened the state's drunken driving standard and permitted police to pull over drivers for not wearing a seat belt.
HB2203 called for reducing the state's blood alcohol standards for driving under the influence from 0.10 percent to 0.08. In addition, police would have been able to pull over drivers if they saw anyone in the front seat or anyone under age 16 in the back seat not wearing seat belts.
Gov. Bob Wise had sought to convince lawmakers to reconsider the bill after it failed to gain passage during the regular session that ended in March.

3/24/03-Gov. Bob Wise might ask state lawmakers to take another look at legislation to stiffen the state's drunken driving standard and permit police to pull over drivers for not wearing a seat belt, Beckley's Register-Herald reported.
A House bill calling to reduce state's blood alcohol standards for driving under the influence from 0.10 percent to 0.08 failed passage before the Legislature's regular session ended March 8. Wise wants lawmakers to reconsider the bill in a yet to be scheduled special session.
HB2203 withered in the Senate amid complaints it was overburdened with a primary offense seatbelt law and a ban on children riding in the backs of pickup trucks.
The blood alcohol section would bring West Virginia in line with federal requirements and keep the state from losing $4 million in federal highway funds, the Bluefield Daily Telegraph reported recently.
A 2000 federal law requires each state's legislature to adopt the 0.08 limit by 2004 or lose 2 percent of its highway money.

3/11/03-Gov. Bob Wise's touted .08 drunken driving proposal was turned down over the weekend as state Legislators passed on the bill before the legislative session ended Saturday.
HB2203 called for lowering the state's blood-alcohol level for drunken driving from 0.10 to 0.08.
A 2000 federal law requires each state's legislature to adopt the 0.08 limit by 2004 or lose 2 percent of its highway money.
The House of Delegates had put the drunken driving provision in the bill with other safety measures that some senators had found unacceptable, the Charleston Daily Mail reported. Senate Transportation Chairman Mike Ross, D-Randolph, said March 7 that his committee wouldn't sign off on the bill, even though failure to lower the blood-alcohol level could cost the state $2.5 million a year in federal highway dollars.
Provisions to prohibit children under age 16 from riding in the beds of pickup trucks and to make failure to wear a seat belt a primary rather than a secondary offense "bogged the whole bill down," Ross told the newspaper, and it was too late in the session to separate the drunken driving provision from the rest of the bill.
West Virginia is among 16 states yet to adopt the tougher drunken driving standard.

2/22/03-The West Virginia House of Delegates approved a bill Feb. 18 to stiffen the state's drunken driving standard and permit police to pull over drivers for failing to wear a seat belt.
HB2203, sponsored by Delegate Jody Smirl, is a blending of two safety initiatives - seat-belt usage and Gov. Bob Wise's call to reduce the state's blood alcohol standards for DUIs from 0.10 to 0.08.
Under current law, officers can issue seat-belt citations only if they stop drivers for another traffic violation.
With new authority, police can pull over drivers if they see anyone in the front seat or anyone under age 16 in the back seat not wearing seat belts. The fine would be $25, the same as current law.
The blood alcohol section would bring West Virginia in line with federal requirements and keep the state from losing $4 million in federal highway funds.
A 2000 federal law requires each state's legislature to adopt the 0.08 limit by 2004 or lose 2 percent of its highway money.
Smirl told Land Line figures suggested the bill would save 50 lives, prevent 4,000 injuries and deter $245 million in medical and legal costs each year.
The bill now goes to the Senate. For bill status, call (304) 340-3209.

1/31/03-A House bill introduced by Delegate Jody Smirl (R-Cabell County) would permit law enforcement officers to pull over drivers if they see anyone in the front seat not wearing seat belts.
Currently, officers can issue seat-belt citations only if they stop drivers for another traffic violation.
Under HB2203, the fine would be $25, the same as current law.
The bill also includes a prohibition against transporting children under age 16 in cargo areas and in the beds of pickup trucks.
HB2203 passed through the Judiciary Committee earlier this month only to be returned by the full House for amendments. One amendment expected to be included would reduce the allowable blood alcohol content to .08 from .10 for drunken drivers.
The general information number for the House is (304) 340-3200.