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Introduced Version Senate Bill 227 History

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Key: Green = existing Code. Red = new code to be enacted



Senate Bill No. 227

(By Senators Snyder, Burnette, Hunter, Kessler, Oliverio and Unger)

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[Introduced January 16, 2002; referred to the Committee on Transportation; and then to the Committee on Finance.]

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A BILL to amend chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten-a, relating to the regulation of all-terrain vehicles; requiring titling and payment of a privilege tax upon the purchase of all-terrain vehicles; dedicating of privilege tax; requiring an identification certification card and identification device for all-terrain vehicles and creating exceptions thereto; providing requirements for issuing certification cards and identification on certain new and previously sold all-terrain vehicles; authorizing the division of motor vehicles to otherwise regulate the transfer of ownership of titled and untitled all-terrain vehicles; requiring visual placement of the identification device and exceptions thereto; requiring capture of federal funds to the extent funds are available; requiring regional distribution of registration fees; authorizing the secretary of transportation to administer the program; and establishing a special revenue account for the privilege tax.

Be it enacted by the Legislature of West Virginia:
That chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article ten-a, to read as follows:
ARTICLE 10A. ALL-TERRAIN VEHICLES TITLING AND REGISTRATION

§17A-10A-1. Numbering of all-terrain vehicles.

(a) In accordance with the provisions of subsection (c), section four of article three of this chapter, any all-terrain vehicle as defined in section one, article one of this chapter owned by a resident of this state and located within this state is subject to the titling provisions of this article and payment of the privilege tax provided by section four, article three of this chapter. Notwithstanding any other code provision to the contrary, all privilege taxes collected on all-terrain vehicles pursuant to this section are to be deposited into the all- terrain vehicle trails development administration fund established in section two of this article:
Provided, that the division of motor vehicles shall retain five dollars of the privilege tax to cover the costs associated with issuing the identification number certificate and identification device required pursuant to this section. The division of motor vehicles shall, on and after the first day of October, two thousand and two, provide each all-terrain vehicle owner who obtains a title, an identification number certificate and an identification device as deemed appropriate by the division. For the purposes of this section, the term "identification device" includes, but is not limited to, a decal, tag or plate designed to be affixed to the all-terrain vehicle by the owner in the manner designated by the division for purposes of identification. Any operator of the all-terrain vehicle must carry the identification number certificate when operating the all-terrain vehicle. The identification number certificate and the identification device are valid without need for renewal for the duration of the owner's interest in the all-terrain vehicle and will not expire until the all-terrain vehicle is either sold or otherwise permanently removed from the service of the owner.
(b) Every owner of an all-terrain vehicle, regardless of whether such vehicle is properly titled in the name of the owner, shall, on or after the first day of October, two thousand and two, but before the first day of October, two thousand and three, apply to the division for an identification number certificate and an identification device as provided in subsection (a) of this section. The division shall prescribe the form and content of the application which shall contain but is not limited to a statement of ownership, complete description of the vehicle, manufacturer's identification serial number, and the name and address of the vehicle owner. The division may also require that the manufacturer's identification serial number be verified by a law enforcement officer or a motor vehicle inspection station authorized under the provisions of article sixteen, chapter seventeen-c of this code. The division shall issue the identification number certificate and identification device in the following manner:
(1) When the all-terrain vehicle is titled in the name of the owner at the time the application is filed, issue to the owner-applicant an identification number certificate and identification device for display in accordance with the provisions of this section. Any seller of an all-terrain vehicle shall properly reassign his or her interest in the all- terrain vehicle to any subsequent purchaser on the reverse side of the certificate of title and the identification number certificate.
(2) When the all-terrain vehicle is not titled in the name of the owner at the time the application is filed, the division shall require the applicant to submit a statement of ownership and verification of the manufacturer's identification serial number. The division shall, upon satisfaction that the applicant is the bona fide owner of the vehicle, issue to the owner-applicant an identification number certificate and identification device for display in accordance with the provisions of this section. Any seller of an all-terrain vehicle shall properly reassign his or her interest in the all- terrain vehicle to any subsequent purchaser on the reverse side of the identification number certificate.
(c) Upon the transfer of ownership of any all-terrain vehicle which displays an identification device, the seller shall properly reassign his or her interest in the all-terrain vehicle on the reverse side of the identification number certificate and, if applicable, the certificate of title to the purchaser, who shall, within sixty days of purchase, apply to the division for a new certificate of title in the purchaser's name, pay the required privilege tax and obtain a new identification number certificate and identification device.
(d) Upon the transfer of ownership on or after the first day of October, two thousand and three, of any all-terrain vehicle which does not display an identification device, the purchaser shall, within sixty days of purchase, complete a statement of ownership, obtain a verification of the manufacturer's identification serial number and apply to the division for a certificate of title in the purchaser's name, pay the required privilege tax and obtain an identification number certificate and identification device.
(e) On or after the first day of October, two thousand and three, it is unlawful for any person to own or operate an all- terrain vehicle in this state, unless an identification number certificate is carried by the operator and the prescribed identification device is properly displayed on the vehicle in a proper manner as designated by the division. The penalties prescribed in section one, article eleven of this chapter apply to violations of this chapter: Provided, That t
he requirements of this section concerning display of the identification device are not required if the all-terrain vehicle is: (1) exclusively operated on land owned or leased by the vehicle owner, or (2) exempt from payment of the privilege tax in accordance with the provisions of section four of this article.
§17A-24-2. All-terrain vehicle trails development administration fund .

(a) The privilege tax collected pursuant to section one of this article is to be used in the development of all-terrain vehicle recreational trails in this state. The monies collected shall be administered by the secretary of transportation to promote trails development as provided by this section. To the extent federal matching funds are available pursuant to 23 U.S.C. § 206, which provides federal funds to develop recreational trails to states comporting to federal guidelines, the secretary shall coordinate disbursements through the state "recreational trail advisory board" as provided for by federal law or other appropriate board or process to assure capture of the maximum federal monies available to the state for development of public all-terrain vehicle trails. In order to assure that trails development is done in areas in the state of greatest need of trails and is allocated to the areas of the state from which the privilege tax has been collected, the secretary shall establish a region by region zoning plan, which may be the same zone design that the department of transportation currently employs for "work zone" allocations or other type of region-based mechanism to assure that trails development monies are returned to the local areas of the state from which these monies have been collected. The recreational trail advisory board or other administrative process or entity as directed by the secretary of transportation shall administer the fund as established in subsection (c).
(c) The privilege tax collected pursuant to section one of this article is to be deposited into a all-terrain vehicle trails development administration fund. This fund shall be administered through the secretary of transportation as provided in this section is to take the form of an interest-bearing account, with any interest earned to be compounded to the fund.

NOTE: The purpose of this bill is to require all-terrain vehicles to be titled and registered in this state; registration and a vehicle identification devise be issued for each all- terrain vehicle; and dedication of the privilege tax for all- terrain vehicles into the state recreational trails development fund to develop on a regional basis, public trails throughout the state.


This bill was recommended for introduction and passage this session by the Joint Judiciary Committee.

This is a new article; therefore, underlining and strike- throughs have been omitted.
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