HJ137: Driver's license; suspension upon conviction of marijuana offense.

HOUSE JOINT RESOLUTION NO. 137

Offered January 13, 2016
Prefiled January 13, 2016
Expressing the opposition of the General Assembly to the enactment or enforcement of a law requiring a six-month revocation or suspension of a person's driver's license upon conviction of a marijuana offense.
Patron-- Rasoul

Committee Referral Pending

WHEREAS, in 1990, the Congress of the United States enacted 23 U.S.C. § 159, which makes the apportionment of certain federal highway funding to a state contingent upon that state's enacting a law requiring that the driver's licenses of persons convicted of drug offenses be revoked or suspended for a period of at least six months, regardless of whether the offense was related to the operation of a motor vehicle; and

WHEREAS, currently, a state that has not enacted such a law would be subject to withholding by the U.S. Secretary of Transportation of 10 percent of apportionments for Interstate Maintenance, the National Highway System, and the Surface Transportation Program; and

WHEREAS, in response to the enactment of 23 U.S.C. § 159, the General Assembly enacted §§ 18.2-259.1 and 46.2-390.1 of the Code of Virginia, Chapters 58 and 833 of the Acts of Assembly of 1992, to effectuate the revocation or suspension requirement of 23 U.S.C. § 159; and

WHEREAS, the revocation or suspension of a person's driver's license may impose significant societal and economic hardships and constitutes excessive punishment when such revocation or suspension is unrelated to the underlying criminal offense; and

WHEREAS, 23 U.S.C. § 159 provides that if the Governor submits to the U.S. Secretary of Transportation a written certification of his opposition to the enactment or enforcement of state law that meets the requirements of 23 U.S.C. § 159 and a written certification that the General Assembly has adopted a resolution expressing its opposition to such a law, then no highway funds will be withheld; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly oppose the enactment or enforcement of a law requiring a six-month revocation or suspension of a person's driver's license upon conviction of an offense involving the possession of marijuana; and, be it

RESOLVED FURTHER, That the Clerk of the House of Delegates transmit copies of this resolution to the Governor so that the Governor may submit a copy of the resolution to the U.S. Secretary of Transportation.