The Senate Judiciary Committee has approved two bills to be reported to the full Senate with the recommendation that they pass.
SB 344 would eliminate conflicting provisions within current code relating to the application of payments and the assessment of delinquency fees on consumer credit sales and consumer loans. The bill also permits a lender to hold a partial or nonconforming payment in suspense until such time as a full payment can be applied.
Loren Allen, general counsel for the West Virginia Bankers Association, was available to answer questions for the committee.
Senator Robert Karnes (R – Upshur) proposed an amendment on the accumulation of funds that could cover 75% of suspended payments. The amendment was approved.
SB 212 would allow magistrates to make determinations concerning a driver’s license in accordance with certain procedures, and all within the context of the criminal action.
The bill was being considered again as a new committee substitute that makes important clarifications to processes outlined in the bill.
Patty Hamilton of the West Virginia Association of Counties said prosecutors, sheriffs and the Association of Counties do not support the bill, since they say the system works now as it is.
She said they believe the bill would move the process “backwards” toward times when the magistrate courts still handled those DUI issues instead of the DMV in the early 1980s.
Asst. General Counsel for the DMV, Adam Holley also opposed the bill and said the current license revocation system has caused a significant drop in the number of individuals who are killed by drunk driving from about 243 in 1982 and 63 in 2016.
Holley said about 10,000 licenses are revoked each year.
Senator Charles Clements (R – Wetzel) said he has often heard of issues with the timeliness of the process for revoking a license and convicting an individual.
Holley replied that long lengths of time in such cases are “not the norm,” unless a request for a hearing is involved.
The committee also considered SB 255 and SB 219 in the meeting.
