H. B. 2231
(By Delegates Hall and L. Smith)
[Introduced
February 15, 2001
; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact section seventeen, article three,
chapter seventeen-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to providing
right of sheriffs in counties where commissioner has an office
for renewals and registration to elect not to process renewals
and registrations.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article three, chapter seventeen-a of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-17. Application for and renewal of registration; sheriffs
authorized to issue renewals of registration for
certain vehicles.
(a) Application for renewal of a vehicle registration shall be
made by the vehicle owner by proper application and payment of
taxes and registration fees provided by law.
(b) The division may receive applications for renewal of any
vehicle registration and each sheriff shall receive applications
from residents in his or her county for renewal of any Class A or
G vehicle registration. The division and each sheriff shall issue
the renewals of registration each receives, respectively, in
accordance with all of the provisions in this article pertaining to
renewal of vehicle registration including, but not limited to, the
payment of the taxes and fees required thereunder.
The provisions
of this subdivision notwithstanding, sheriffs in counties in which
the commissioner maintains an office that issues renewals of
registration may elect not to receive applications for renewals of
registration or issue renewals of registration.
(c) Each sheriff shall charge a service fee of one dollar for
each renewal of a Class A or G vehicle registration he or she
issues. Effective the first day of July, one thousand nine hundred ninety-eight, the sheriff shall pay one half of this fee into the
county general fund. The sheriff shall pay the remaining one half
of this fee into the deputy sheriff retirement fund created in
section six, article fourteen-d, chapter seven of this code.
(d) On the first day of each month, each sheriff shall pay
over to the commissioner all fees he or she collected during the
preceding month for renewal of Class A and G vehicle registrations,
except his or her service fees. The payment shall be accompanied
by a report showing the name of the county, the name and address of
the person who obtained the registration and paid the registration
fee therefor, the vehicle registered, the registration number, the
date the registration was issued, the signature of the sheriff and
any other information the commissioner may reasonably require in
order to maintain the functions and records of the department. The
commissioner shall deposit all fees he or she receives from the
sheriffs for renewal of Class A and G vehicle registrations in the
state treasury to the credit of the state road fund as provided in
section twenty-one, article two of this chapter.
(e) The commissioner shall provide each sheriff with the
necessary forms, supplies, registration plates, registration decals
and instructions necessary to enable him or her to perform the duties and functions specified in this section.
(f) No person may display upon a vehicle a new registration
plate or registration decal prior to the first day of the month
preceding the new registration period.
NOTE: The purpose of this bill is to allow sheriffs in
counties where the DMV maintains an office for vehicle registration
renewals to elect not to receive applications and issue renewals of
vehicle registration.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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