Introduced Version
Senate Bill 508 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 508
(By Senators Bowman, McCabe, Jenkins, Plymale, McKenzie, Unger
and Foster)
____________
[Introduced February 8, 2007; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §17F-2-1, §17F-2-2,
§17F-2-3, §17F-2-4, §17F-2-5, §17F-2-6,
§17F-2-7, §17F-2-8,
§17F-2-9, §17F-2-10, §17F-2-11, §17F-2-12 and §17F-2-13, all
relating to regulating all-terrain vehicles; requiring dealers
to collect privilege tax; issuing a permit card and
identification on titled and nontitled all-terrain vehicles;
updating definitions; describing permit application;
transferring ownership of titled and nontitled all-terrain
vehicles; creating a special revenue account; providing an
application fee; transferring information to the assessor;
creating a nonresident temporary-use permit; and providing
penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §17F-2-1, §17F-2-2,
§17F-2-3, §17F-2-4, §17F-2-5, §17F-2-6, §17F-2-7, §17F-2-8,
§17F-2-9, §17F-2-10, §17F-2-11, §17F-2-12 and §17F-2-13, all to
read as follows:
ARTICLE 2. IDENTIFICATION OF ALL-TERRAIN VEHICLES.
§17F-2-1. Requirements to operate an all-terrain vehicle.
On the first day of October, two thousand eight, it is
unlawful for any person to own or operate an all-terrain vehicle in
this state, unless an off-road permit card is carried by the
operator and the prescribed off-road identification is properly
displayed on the vehicle as designated by the Division of Motor
Vehicles.
§17F-2-2. Privilege tax; temporary ownership certificate.
(a) At the time of sale, the dealer shall collect the
privilege tax, as described in section four, article three, chapter
seventeen-a, from the purchaser of an all-terrain vehicle.
(b) Upon receiving the privilege tax and all other fees
required by this article, the dealer shall issue a temporary
ownership certificate to the purchaser.
(c) The division shall provide temporary ownership
certificates to dealers, to be issued to purchasers of all-terrain
vehicles. The dealer must apply to the division and pay three dollars for each temporary ownership certificate.
(d) A temporary ownership certificate expires upon receipt of
the off-road permit card and the off-road identification or sixty
days from the date of issuance, whichever occurs first.
(e) It is unlawful for any dealer to issue any temporary
ownership certificate knowingly containing any misstatement of fact
or knowingly insert any false information on the face of the
temporary ownership certificate.
§17F-2-3. Issuance of off-road permit card and off-road
identification to a titled all-terrain vehicle
.
(a) On and after the first day of October, two thousand seven,
an owner of an all-terrain vehicle titled in his or her name shall
apply to the division and pay the application fee required by this
article for an off-road permit card and off-road identification.
(b) The division shall, upon proper application and collection
of the application fee, issue to the all-terrain vehicle owner an
off-road permit card.
(c) After approval of proper application and payment of a five
dollar fee, the division may issue duplicate off-road permit cards
and off-road identifications.
§17F-2-4. Issuance of off-road permit card and off-road
identification to a nontitled all-terrain vehicle
.
(a) On or after the first day of October, two thousand seven,
but before the first day of October, two thousand eight, an all-terrain vehicle owner without a title shall apply to the division
and pay the application fee for an off-road permit card and off-
road identification.
(b) 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 and payment of the application fee, issue to the
all-terrain vehicle owner an off-road permit card and off-road
identification.
(c) After approval of proper application and payment of a five
dollar fee, the division may issue duplicate off-road permit cards
and off-road identification.
§17F-2-5. Off-road permit application.
(a) The division shall prescribe the form and content of the
application for the off-road permit, which shall include, but is
not limited to:
(1) A complete description of the all-terrain vehicle;
(2) A manufacturer's identification serial number; and
(3) The name and address of the all-terrain vehicle owner.
(b) The division may require that the manufacturer's
identification serial number be verified by a law-enforcement
officer.
§17F-2-6. Transfer of ownership of a titled all-terrain vehicle.
(a) Upon the transfer of ownership of a titled all-terrain
vehicle, the seller shall assign his or her interest in the
all-terrain vehicle on the reverse side of the certificate of title
to the purchaser.
(b) Within sixty days of purchase, the purchaser shall apply
to the division for a new certificate of title and a new off-road
permit and off-road identification. After paying the privilege tax
and the application fee required in this article, the division may
provide to the purchaser a new off-road permit and off-road
identification.
(c) The off-road permit card and the off-road identification
are not transferable.
§17F-2-7. Transfer of ownership of a nontitled all-terrain vehicle
.
(a) Upon the transfer of ownership on or after the first day
of October, two thousand seven, of any all-terrain vehicle which is
not titled, the purchaser shall, within sixty days of purchase:
(1) Complete a statement of ownership;
(2) A seller's affidavit;
(3) Obtain a verification of the manufacturer's identification
serial number;
(4) Apply to the division for a certificate of title and a new
off-road permit and off-road identification;
(5) Pay the privilege tax; and
(6) Pay the application fee required in this article.
(b) After the division verifies the information required by
subsection (a), the division shall issue a new off-road permit and
off-road identification.
§17F-2-8. Display of off-road identification.
(a) The owner shall attach the off-road identification to the
all-terrain vehicle in a clearly visible manner as prescribed by
the division.
(b) The owner shall maintain the off-road identification in
legible condition while riding on the road.
§17F-2-9. Special revenue account.
(a) There is hereby created a separate special revenue fund in
the State Treasury designated the "All-Terrain Vehicle Permit
Fund". All moneys collected by section ten of this article shall
be deposited into this account. The division shall use the moneys
collected in this account for the administration of the permitting
system.
(b) In the fiscal year ending the thirtieth day of June, two
thousand eight, expenditures are authorized from collections rather
than pursuant to appropriation by the Legislature.
§17F-2-10. Off-road permit application fee; expiration.
(a) The off-road permit card application shall be accompanied
by an application fee of ten dollars. The fee shall be deposited
into the "All-Terrain Vehicle Permit Fund".
(b) The off-road permit card and the off-road identification are valid for the life of the all-terrain vehicle.
(c) The off-road permit card and the off-road identification
are not transferable.
§17F-2-11. Information to assessor.
(a) On or before the thirtieth day of August of each year, the
Commissioner of the Division of Motor Vehicles shall forward to the
assessor of each county a list of the names and addresses of all
persons, firms and corporations owning a titled or permitted
all-terrain vehicle.
(b) In furnishing this information to each county assessor,
the commissioner shall include information on the make and model of
the all-terrain vehicle.
§17F-2-12. Nonresident temporary-use permits.
(a) An all-terrain vehicle that is owned by a nonresident may
not be operated unless a nonresident temporary-use permit is
obtained.
(b) The Division of Motor Vehicles, with the advice of the
Division of Natural Resources, shall propose emergency rules for
legislative approval, in accordance with the provisions of article
three, chapter twenty-nine-a of this code, to establish a program
concerning a nonresident temporary use permit. The program shall
comply with the following:
(1) The permit may only be issued for an all-terrain vehicle
owned by the resident of another state;
(2) The permit is valid for one year; and
(3) The application form and fee shall be consistent with this
article.
§17F-2-13. Criminal penalties.
Any person violating the provisions of this article is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
more than two hundred dollars. Upon a second conviction thereof,
shall be fined not more than five hundred dollars. Upon a third
and subsequent conviction thereof, shall be fined not more than one
thousand dollars, or confined in jail not more than six months, or
both.
Note: The purpose of this bill is to regulate all-terrain
vehicles. Toward this end, the bill includes provisions addressing
the following: (1) Requiring dealers to collect the privilege tax;
(2) issuing a permit card and identification on titled and
nontitled all-terrain vehicles; (3)updating definitions;
(4)describing the permit application; transferring ownership of
titled and nontitled all-terrain vehicles; (5) creating a special
revenue account; (6) providing an application fee; (7) transferring
information to the assessor; (8) creating a nonresident
temporary-use permit; and, providing criminal penalties.
This article is new; therefore, strike-throughs and
underscoring have been omitted.