H. B. 4399
(By Delegates G. White and Ennis)
[Introduced February 6, 2006; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §17A-3-1a of the Code of West Virginia,
1931, as amended, relating to prohibiting a person who
has
newly taken up residence in the state who is in possession of
a motor vehicle for more than sixty days which is registered
to another person not residing in the state, to operate that
vehicle in the state without a West Virginia registration and
title.
Be it enacted by the Legislature of West Virginia:
That §17A-3-1a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-1a. Registration of vehicles of new residents.
(a) Every owner of a motor vehicle, trailer or other vehicle, shall, within thirty days after taking up residence in the state,
apply to the division and obtain registration and title for the
vehicle.
(b) No person taking up residence in the state who is in
possession of a motor vehicle, trailer or other vehicle for more
than sixty days which is registered to another person not residing
in the state, may operate that vehicle in the state without a West
Virginia registration and title for the vehicle.
(b) (c) For the purposes of this chapter there is a rebuttable
presumption that a natural person is a resident of this state if
any of the following elements exist including, but not limited to:
(1) The person is registered to vote in this state.
(2) The person enrolls the person's child to be educated in a
public elementary or secondary school in this state.
(3) The person is receiving public assistance from this state.
(4) The person resides or has continuously remained in this
state for a period exceeding thirty days except for infrequent or
brief absences.
(5) The person has accepted employment or engages in any
trade, profession, or occupation within this state, except that
this does not include a person who is commuting from the person's
residence in another state or whose employment is seasonal or
temporary, not exceeding ninety days.
(6) The person has filed for a homestead tax exemption on property in this state.
"Resident" does not include a person who is attending a
college, university or other educational institution in this state,
if the person has a domicile in another state and has a valid
operator's license and vehicle registration issued by the state of
domicile. "Resident" also does not include members of the armed
forces that are stationed in West Virginia providing that their
vehicles are properly registered in their state of residence or a
member of the armed forces stationed in another state or country
providing that their vehicles are properly registered in that state
or country.
A corporation, association, partnership, company or firm whose
principal place of business is located within this state is a
resident of this state.
The provisions of this section shall not apply to vehicles
registered under proportional registration agreement.
NOTE: The purpose of this bill is to prevent a new resident
of the state from avoiding purchase of a West Virginia license
plate by claiming that the vehicle is "borrowed" from a resident of
another state. This bill prohibits a person who
has newly taken up
residence in the state who is in possession of a motor vehicle for
more than sixty days which is registered to another person not
residing in the state, to operate that vehicle in the state without
a West Virginia registration and title.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.