West Virginia 2023 Regular Session Status: Enacted 1 R cosponsors

SB 463 — Increasing validity of CDL instruction permit

Last action — Chapter 211, Acts, Regular Session, 2023

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 24, 2023. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1 added · 61 removed

Plain-language change summary

The amendment to Senate Bill 463 involves changing the title to clarify that it specifically addresses commercial driver's license instruction permits in West Virginia. This matters because having a clear and precise title helps ensure that legislators and the public understand the bill's focus, which can lead to more informed discussions and decisions regarding its provisions and implications for driver training and licensing.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for Senate Bill 463 By Senators Clements and Plymale [Passed March 08, 2023;
SB463 HFAT Linville #1 3-7Casto 3264 Delegate Linville moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:Eng.
in effect 90 days from passage] Enr CS for SB 463 AN ACT to amend and reenact §17E-1-9 of the Code of West Virginia, 1931, as amended, relating to commercial driver's license instruction permits.
Com.
Be it enacted by the Legislature of West Virginia:
Sub.
ARTICLE 17E.
for Senate Bill 463—A Bill to amend and reenact §17E-1-9 of the Code of West Virginia, 1931, as amended, relating to commercial driver's license instruction permits.
COMMERCIAL DRIVER’S LICENSE.
     AdoptedRejected
§17E-1-9.
Commercial driver’s license qualification standards.
(a) No person may be issued a commercial driver’s license unless that person is a resident of this state and has passed a knowledge and skills test for driving a commercial motor vehicle, which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R.
Part 383, Subparts G and H, and has satisfied all other requirements of the Federal Motor Carrier Safety Improvement Act of 1999 in addition to other requirements imposed by state law or federal regulations.
(b) Third-party testing.
— The commissioner may authorize a person, including an agency of this or another state, an employer, private individual or institution, department, agency, or instrumentality of local government, to administer the skills test specified by this section so long as:
(1) The test is the same which would otherwise be administered by the state;
and (2) The party has entered into an agreement with the state that complies with the requirements of 49 C.F.R.
Part 383.75.
(c) Indemnification of driver examiners.
— No person who has been officially trained and certified by the state as a driver examiner, who administers a driving test, and no other person, firm, or corporation by whom or with which that person is employed or is in any way associated, may be criminally liable for the administration of the tests or civilly liable in damages to the person tested, other persons, or property unless for gross negligence or willful or wanton injury.
(d) The commissioner may waive the skills test specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R.
Part 383.77 and the requirements specified by the commissioner.
1 Enr CS for SB 463 (e) A commercial driver’s license or commercial driver’s instruction permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, when the person does not possess a valid or current medical certification status, or while the person’s driver’s license is suspended, revoked, or canceled in any state.
A commercial driver’s license may not be issued by any other state unless the person first surrenders all such licenses to the division:
Provided, That a person who became subject to a disqualification from driving a commercial motor vehicle prior to possessing a commercial driver’s license is not disqualified from possessing a commercial driver’s license or commercial driver’s license instruction permit so long as the mandatory revocation period specified in §17E-1-13(a)(3) of this code has elapsed, and the individual has completed the Safety and Treatment Program or other appropriate program prescribed by the division as required by §17E-1-13(a)(2) of this code.
(f) Commercial driver’s instruction permit may be issued as follows:
(1) To an individual who holds a valid Class E or Class D driver’s license and has passed the vision and written tests required for issuance of a commercial driver’s license.
(2) The commercial instruction permit may not be issued for a period to exceed one year.
The holder of a commercial driver’s instruction permit may drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver’s license valid for the type of vehicle driven, who is 21 years of age or older, who is alert and unimpaired, and who occupies a seat beside the individual for the purpose of giving instruction or testing.
(3) Only to a person who is at least 18 years of age.
(4) The applicant for a commercial driver’s instruction permit shall also be otherwise qualified to hold a commercial driver’s license.
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Action History

  1. Chapter 211, Acts, Regular Session, 2023

  2. Approved by Governor 3/23/2023

  3. Approved by Governor 3/23/2023 - House Journal

  4. Approved by Governor 3/23/2023 - Senate Journal

  5. To Governor 3/10/2023 - House Journal

  6. To Governor 3/10/2023

  7. House received Senate message

  8. Completed legislative action

  9. Communicated to House

  10. Senate concurred in House amendments and passed bill (Roll No. 423)

  11. House Message received

  12. Communicated to Senate

  13. Title amendment adopted (Voice vote)

  14. Passed House (Roll No. 491)

  15. Read 3rd time

  16. On 3rd reading, Special Calendar

  17. Amendment adopted (Voice vote)

  18. Read 2nd time

  19. On 2nd reading, Special Calendar

  20. Read 1st time

  21. From Housel Calendar, 1st reading, placed on Special Calendar

  22. On 1st reading, House Calendar

  23. Placed on House Calendar

  24. On 1st reading, Special Calendar

  25. Do pass

  26. To House Technology and Infrastructure

  27. To Technology and Infrastructure

  28. Introduced in House

  29. Ordered to House

  30. Passed Senate (Roll No. 133)

  31. Read 3rd time

  32. On 3rd reading

  33. Read 2nd time

  34. On 2nd reading

  35. Read 1st time

  36. Laid over on 1st reading 2/1/2023

  37. On 1st reading

  38. Committee substitute reported

  39. To Transportation and Infrastructure

  40. Introduced in Senate

  41. To Transportation and Infrastructure

  42. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on

Sponsors (1)

Co-sponsors (1)

  • Plymale

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 15001
Unaffiliated 17000
Democrat 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Not Voting
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Subjects

transportation
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Frequently asked questions

Who sponsors SB 463?
SB 463 is sponsored by Charles H. Clements (Republican) and Plymale.
What is the current status of SB 463?
This bill has been enacted into law. Introduced January 24, 2023. Enacted.
Where can I track SB 463?
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Last checked for changes 3 months ago · updated continuously

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