Senate Bill No. 310
(By Senators Whitlow, Miller, Love, Dittmar, Oliverio,
Plymale, Schoonover, Buckalew and Dugan)
____________
[Originating in the Committee on Transportation;
reported February 9, 1995.]
_____________
A BILL to amend and reenact section fourteen, article three,
chapter seventeen-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to special
license plates; providing a scenic license plate; and fees.
Be it enacted by the Legislature of West Virginia:
That section fourteen, 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
CERTIFICATE OF TITLE.
§17A-3-14. Registration plates generally; description of plates;
issuance of special numbers and plates; registration fees;
special application fees; exemptions; commissioner to
promulgate forms; suspension and nonrenewal.
(a) The division upon registering a vehicle shall issue to the
owner one registration plate for a motorcycle, trailer, semitrailer
or other motor vehicle.
(b) Registration plates issued by the division shall meet the
following requirements:
(1) Every registration plate shall be of reflectorized
material and have displayed upon it the registration number
assigned to the vehicle for which it is issued; the name of this
state, which may be abbreviated; and the year number for which it
is issued or the date of expiration of the plate.
(2) Every registration plate and the required letters and
numerals on the plate shall be of sufficient size to be plainly
readable from a distance of one hundred feet during daylight:
Provided, That the requirements of this subdivision shall not apply
to the year number for which the plate is issued or the date of
expiration.
(3) Registration numbering for registration plates shall begin
with number two.
(c) The division shall not issue, permit to be issued or
distribute any special registration plates except as follows:
(1) The governor shall be issued two registration plates, on
one of which shall be imprinted the numeral one and on the other
the word one.
(2) State officials and judges may be issued special
registration plates as follows:
(A) Upon appropriate application, there shall be issued to the
secretary of state, state superintendent of free schools, auditor,
treasurer, commissioner of agriculture, the attorney general, the
members of both houses of the Legislature, including the elected
officials thereof, the justices of the supreme court of appeals of
West Virginia, the representatives and senators of the state in the
Congress of the United States, the judges of the United States
district courts for the state of West Virginia and the judges of
the United States court of appeals for the fourth circuit, if any
of the judges are residents of West Virginia, a special
registration plate for a Class A motor vehicle owned by the
official or his or her spouse: Provided, That the division shall
not issue more than two plates for each official.
(B) Each plate issued pursuant to this subdivision shall bear
any combination of letters and numbers not to exceed an amount
determined by the commissioner and a designation of the office.
Each plate shall supersede the regular numbered plate assigned to
the official or his or her spouse during the official's term of
office and while the motor vehicle is owned by the official or his
or her spouse.
(C) An annual fee of fifteen dollars shall be charged for
every registration plate issued pursuant to this subdivision, which is in addition to all other fees required by this chapter.
(3) Members of the national guard forces may be issued special
registration plates as follows:
(A) Upon receipt of an application on a form prescribed by the
division and receipt of written evidence from the chief executive
officer of the army national guard or air national guard, as
appropriate, or the commanding officer of any United States armed
forces reserve unit that the applicant is a member thereof, the
division shall issue to any member of the national guard of this
state or a member of any reserve unit of the United States armed
forces a special registration plate designed by the commissioner
for any number of Class A motor vehicles owned by the member.
(B) An initial application fee of ten dollars shall be charged
for each special registration plate issued pursuant to this
subdivision, which is in addition to all other fees required by
this chapter. All initial application fees collected by the
division shall be deposited into a special revolving fund to be
used in the administration of this section.
(4) Specially arranged registration plates may be issued as
follows:
(A) Upon appropriate application, any owner of a motor vehicle
subject to Class A registration, or a motorcycle subject to Class G registration, as defined by this article, may request that the
division issue a registration plate bearing specially arranged
letters or numbers with the maximum number of letters or numbers to
be determined by the commissioner. The division shall attempt to
comply with the request wherever possible.
(B) The commissioner shall promulgate rules in accordance with
the provisions of chapter twenty-nine-a of this code regarding the
orderly distribution of the plates: Provided, That for purposes of
this subdivision, the registration plates requested and issued
shall include all plates bearing the numbers two through two
thousand.
(C) An annual fee of fifteen dollars shall be charged for each
special registration plate issued pursuant to this subdivision,
which is in addition to all other fees required by this chapter.
(5) Honorably discharged veterans may be issued special
registration plates as follows:
(A) Upon appropriate application, there shall be issued to any
honorably discharged veteran, of any branch of the armed services
of the United States, a special registration plate for any number
of vehicles titled in the name of the qualified applicant with an
insignia designed by the commissioner of the division of motor
vehicles.
(B) A special initial application fee of ten dollars shall be
charged in addition to all other fees required by law. This
special fee is to compensate the division of motor vehicles for
additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section: Provided, That nothing in this
section shall be construed to exempt any veteran from any other
provision of this chapter.
(C) Special registration plates issued pursuant to this
subdivision are not transferable to any other person. Any special
registration issued under this subdivision terminates upon the
death of the registered owner of the special registration plate.
(6) Disabled veterans may be issued special registration
plates as follows:
(A) Upon appropriate application, there shall be issued to any
disabled veteran, who is exempt from the payment of registration
fees under the provisions of this chapter, a registration plate for
a vehicle titled in the name of the qualified applicant which bears
the letters "DV" in red and also the regular identification
numerals in red.
(B) Special registration plates issued pursuant to this subdivision are not transferable to any other person. Any special
registration issued under this subdivision terminates upon the
death of the registered owner of the special registration plate.
(7) Recipients of the distinguished purple heart medal may be
issued special registration plates as follows:
(A) Upon appropriate application, there shall be issued to any
armed service person holding the distinguished purple heart medal
for persons wounded in combat a registration plate for a vehicle
titled in the name of the qualified applicant bearing letters or
numbers. The registration plate shall be designed by the
commissioner of motor vehicles and shall denote that those
individuals who are granted this special registration plate are
recipients of the purple heart. All letterings shall be in purple
where practical.
(B) Registration plates issued pursuant to this subdivision
are exempt from all registration fees otherwise required by the
provisions of this chapter.
(C) Special registration plates issued pursuant to this
subdivision are not transferable to any other person. Any special
registration issued under this subdivision terminates upon the
death of the registered owner of the special registration plate.
(8) Survivors of the attack on Pearl Harbor may be issued special registration plates as follows:
(A) Upon appropriate application, the owner of a motor vehicle
who was enlisted in any branch of the armed services that
participated in and survived the attack on Pearl Harbor on the
seventh day of December, one thousand nine hundred forty-one, shall
be issued a special registration plate for a vehicle titled in the
name of the qualified applicant. The registration plate shall be
designed by the commissioner of motor vehicles.
(B) Registration plates issued pursuant to this subdivision
are exempt from the payment of all registration fees otherwise
required by the provisions of this chapter.
(C) Special registration plates issued pursuant to this
subdivision are not transferable to any other person. Any special
registration issued under this subdivision terminates upon the
death of the registered owner of the special registration plate.
(9) Nonprofit charitable and educational organizations may be
issued special registration plates as follows:
(A) Nonprofit charitable and educational organizations may
design a logo or emblem for inclusion on a special registration
plate and submit the logo or emblem to the commissioner for
approval and authorization. Upon the approval and authorization,
the nonprofit charitable and educational organizations may market the special registration plate to organization members and the
general public.
(B) Approved nonprofit charitable and educational
organizations may accept and collect applications for special
registration plates from owners of Class A motor vehicles together
with a special annual fee of fifteen dollars, which is in addition
to all other fees required by this chapter. The applications and
fees shall be submitted to the division of motor vehicles with the
request that the division issue a registration plate bearing a
combination of letters or numbers with the organizations' logo or
emblem with the maximum number of letters or numbers to be
determined by the commissioner.
(C) The commissioner shall promulgate rules in accordance with
the provisions of chapter twenty-nine-a of this code regarding the
procedures for and approval of special registration plates issued
pursuant to this subdivision.
(D) The commissioner shall set an appropriate fee to defray
the administrative costs associated with designing and
manufacturing special registration plates for a nonprofit
charitable or educational organization. The nonprofit charitable
or educational organization shall collect this fee and forward it
to the division for deposit in a special revolving fund to pay the administrative costs. The nonprofit charitable or educational
organization may also collect a fee for marketing the special
registration plates.
(10) Specified emergency or volunteer registration plates may
be issued as follows:
(A) Any owner of a motor vehicle who is a resident of the
state of West Virginia and who is a certified paramedic or
emergency medical technician, a member of a volunteer fire company
or a paid fire department, a member of the state fire commission,
the state fire marshal, the state fire marshal's assistants, the
state fire administrator and voluntary rescue squad members may
apply for a special license plate for any number of Class A
vehicles titled in the name of the qualified applicant which bears
the insignia of the profession, group or commission. Any insignia
shall be designed by the commissioner. License plates issued
pursuant to this subdivision shall bear the requested insignia in
addition to the registration number issued to the applicant
pursuant to the provisions of this article.
(B) Each application submitted pursuant to this subdivision
shall be accompanied by an affidavit signed by the fire chief or
department head of the applicant, stating that the applicant is
justified in having a registration with the requested insignia; proof of compliance with all laws of this state regarding
registration and licensure of motor vehicles; and payment of all
required fees.
(C) Each application submitted pursuant to this subdivision
shall be accompanied by payment of a special initial application
fee of ten dollars, which is in addition to any other registration
or license fee required by this chapter. All special fees shall be
collected by the division and deposited into a special revolving
fund to be used for the purpose of compensating the division of
motor vehicles for additional costs and services required in the
issuing of such special registration and for the administration of
this section.
(11) Special scenic registration plates:
(A) Upon appropriate application, the commissioner shall issue
a special registration plate displaying a scenic design of West
Virginia no later than the first day of January, one thousand nine
hundred ninety-six.
(B) A special one-time initial application fee of ten dollars
shall be charged in addition to all other fees required by this
chapter. All initial application fees collected by the division
shall be deposited into a special revolving fund to be used in the
administration of this chapter.
(d) The commissioner shall promulgate rules in accordance with
the provisions of chapter twenty-nine-a of this code regarding the
proper forms to be used in making application for the special
license plates authorized by this section.
(e) Nothing in this section shall be construed to require a
charge for a free prisoner of war license plate or a free recipient
of the congressional medal of honor license plate for a vehicle
titled in the name of the qualified applicant as authorized by
other provisions of this code: Provided, That the registration
plates are not transferable to any person and the registration
plates terminate upon the death of the registered owner of the
special registration plate.
(f) Special ten-year registration plates may be issued as
follows:
(1) The commissioner may issue or renew for a period of no
more than ten years any registration plate exempted from
registration fees pursuant to any provision of this code or any
restricted use antique motor vehicle license plate authorized by
section three-a, article ten of this chapter: Provided, That the
provisions of this subsection shall not apply to any person who has
had a special registration suspended for failure to maintain motor
vehicle liability insurance as required by section three, article two-a, chapter seventeen-d of this code or failure to pay personal
property taxes as required by section three-a of this article.
(2) An initial nonrefundable fee shall be charged for each
special registration plate issued pursuant to this subsection,
which is the total amount of fees required by section fifteen,
article ten of this chapter, section three, article three of this
chapter or section three-a, article ten of this chapter for the
period requested.
(3) Special registration plates issued pursuant to this
subsection are not transferable to any other person. Any special
registration issued under this subsection terminates upon the death
of the registered owner of the special registration plate.
(g) The provisions of this section shall not be construed to
exempt any registrant from maintaining motor vehicle liability
insurance as required by section three, article two-a, chapter
seventeen-d of this code or from paying personal property taxes on
any motor vehicle as required by section three-a of this article.
(h) The commissioner may, in his or her discretion, issue a
registration plate of reflectorized material suitable for permanent
use on motor vehicles, trailers and semitrailers, together with
appropriate devices to be attached thereto to indicate the year for
which the vehicles have been properly registered or the date of expiration of the registration. The design and expiration of the
plates shall be determined by the commissioner.
(i) Any license plate issued or renewed pursuant to this
chapter, which is paid for by a check that is returned for
nonsufficient funds, shall be void without further notice to the
applicant. The applicant may not reinstate the registration until
the returned check is paid by the applicant in cash, money order or
certified check and all applicable fees assessed as a result
thereof have been paid.
FINANCE COMMITTEE AMENDMENT
On page ___, section fourteen, line ____, by adding the
following sentence: "This special plate shall display the words
"Wild Wonderful" as a slogan."