ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2120
(By Delegates Warner, Michael, Johnson, Overington,
Houvouras, D. Miller and Beane)
[Passed April 10, 1993; in effect ninety days from passage.]
AN ACT to amend and reenact section two-a, article seven, chapter
six of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend and reenact section
fourteen, article three, chapter seventeen-a of said code;
and to amend and reenact section fourteen, article ten of
said chapter, all relating to compensation and allowances
for certain appointive state officers; appointment,
qualifications, powers and salaries of such officers;
increasing the salary for the administrator of the division
of motor vehicles; special registration plates and fees;
requirements for design of license plates; permitting
special plates for certain individuals, officials and
judges, national guardsmen, various classes of veterans,
nonprofit charitable or educational organizations and
emergency personnel; vanity plates; special ten-year
registration for exempted persons and antique automobiles;
plates for amateur radio station operators; and fees and
rules to be promulgated by the commissioner.
Be it enacted by the Legislature of West Virginia:
That section two-a, article seven, chapter six of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section fourteen, article
three, chapter seventeen-a of said code be amended and reenacted;
and that section fourteen, article ten of said chapter be amended
and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2a. Terms of certain appointive state officers;
appointment; qualifications; powers and salaries of
such officers.
(a) Notwithstanding any other provision of this code to the
contrary, each of the following appointive state officers named
in this subsection shall be appointed by the governor, by and
with the advice and consent of the Senate. Each of the
appointive state officers shall serve at the will and pleasure of
the governor for the term for which the governor was elected and
until the respective state officers' successors have been
appointed and qualified. Each of the appointive state officers
shall hereafter be subject to the existing qualifications for
holding each respective office and each shall have and is hereby
granted all of the powers and authority and shall perform all of
the functions and services heretofore vested in and performed by
virtue of existing law respecting each office.
Beginning on the first day of January, one thousand nine
hundred ninety, the annual salary of each named appointive stateofficer shall be as follows:
Administrator, division of highways, sixty thousand dollars;
administrator, division of health, fifty-seven thousand two
hundred dollars; administrator, division of human services,
forty-seven thousand eight hundred dollars; administrator, state
tax division, forty-nine thousand nine hundred dollars;
administrator, division of energy, sixty-five thousand dollars;
administrator, division of finance and administration, forty-
seven thousand eight hundred dollars; administrator, division of
corrections, forty-five thousand dollars; administrator, division
of community and industrial development, sixty-three thousand six
hundred dollars; administrator, division of workers'
compensation, forty-five thousand dollars; administrator,
division of commerce, sixty-two thousand five hundred dollars;
administrator, division of natural resources, forty-seven
thousand eight hundred dollars; administrator, division of public
safety, forty-four thousand six hundred dollars; administrator,
lottery division, sixty thousand dollars; director, public
employees insurance agency, fifty-five thousand dollars;
administrator, division of employment security, forty-five
thousand dollars; administrator, division of banking,
thirty-eight thousand three hundred dollars; administrator,
division of insurance, thirty-six thousand seven hundred dollars;
administrator, division of culture and history, thirty-eight
thousand three hundred dollars; chairman, public service
commission, fifty thousand dollars; members, public service
commission, forty-six thousand two hundred dollars;
administrator, alcohol beverage control commission, thirty-eightthousand three hundred dollars; administrator, division of motor
vehicles, fifty-five thousand dollars; director, division of
personnel, thirty-eight thousand three hundred dollars; adjutant
general, thirty-five thousand seven hundred dollars; chairman,
health care cost review authority, forty thousand dollars;
members, health care cost review authority, thirty-six thousand
five hundred dollars; director, human rights commission, forty
thousand dollars; administrator, division of labor, thirty-five
thousand seven hundred dollars; administrator, division of
veterans affairs, thirty-two thousand dollars; administrator,
division of emergency services, thirty-two thousand dollars;
administrator, nonintoxicating beer commission, thirty-two
thousand dollars; members, board of probation and parole, twenty-
eight thousand three hundred dollars; members, employment
security review board, seventeen thousand dollars; members,
workers' compensation appeal board, seventeen thousand eight
hundred dollars.
Prior to the first day of January, one thousand nine hundred
ninety, each of the officers named in subsection (a) of this
section shall continue to receive the annual salaries they were
receiving as of the last day of March, one thousand nine hundred
eighty-nine.
(b) Notwithstanding any other provisions of this code to the
contrary, each of the state officers named in this subsection
shall continue to be appointed in the manner prescribed in this
code, and shall be paid an annual salary as follows, except that
any increase in salary over and above the salary being received
by any of the following state officers as of the last day ofMarch, one thousand nine hundred eighty-nine, shall not become
effective until the first day of January, one thousand nine
hundred ninety:
Chancellor, board of regents, seventy thousand dollars;
state superintendent of schools, seventy thousand dollars;
administrator, division of risk and insurance management, forty-
two thousand dollars; director, division of rehabilitation
services, fifty-five thousand dollars; executive director,
educational broadcasting authority, forty-seven thousand five
hundred dollars; secretary, library commission, forty-seven
thousand five hundred dollars; director, geologic and economic
survey, forty-seven thousand five hundred dollars; executive
director, water development authority, fifty-four thousand two
hundred dollars; executive secretary, teacher's retirement
system, forty-seven thousand two hundred dollars; executive
secretary, public employees retirement system, forty thousand one
hundred dollars; director, air pollution control commission,
forty-four thousand eight hundred dollars; executive director,
public legal services council, forty-seven thousand five hundred
dollars; director, commission on aging, forty thousand dollars;
commissioner, oil and gas conservation commission, forty thousand
dollars; director, farm management commission, thirty-two
thousand five hundred dollars; state fire administrator, twenty-
five thousand two hundred dollars; executive secretary, municipal
bond commission, thirty thousand two hundred dollars; director,
railroad maintenance authority, thirty-two thousand five hundred
dollars; executive secretary, women's commission, thirty thousand
one hundred dollars; executive director, regional jail authority,forty-two thousand six hundred dollars; director, hospital
finance authority, twenty-five thousand eight hundred dollars.
(c) No increase in the salary of any appointive state
officer pursuant to this section shall be paid until and unless
the appointive state officer shall have first filed with the
state auditor and the legislative auditor a sworn statement, on
a form to be prescribed by the attorney general, certifying that
the spending unit is in compliance with any general law providing
for a salary increase for his or her employees. The attorney
general shall prepare and distribute the form to the affected
spending units:
Provided,
That no decrease in salary shall be
effective for any current appointive state officer appointed
prior to the first day of January, one thousand nine hundred
eighty-nine:
Provided, however,
That decreases shall take effect
at such time as any appointive office is vacated.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTI-THEFT PROVISIONS.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES 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, and 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 andthe 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 becharged 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 armedservices 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 transferrable to any other person. Anyspecial 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 theorganizations' 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 therequested 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.
(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 theregistration 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, chapterseventeen-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
non-sufficient 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.
ARTICLE 10. FEES FOR REGISTRATION, LICENSING, ETC.
§17A-10-14. Registration plate for amateur radio station
operators; fees; rules and forms.
(a) Any owner of a motor vehicle who is a resident of the
state of West Virginia, and who holds an unrevoked and unexpired
official amateur radio station license and/or amateur class
operators' license issued by the federal communications
commission, may apply for a special registration plate for a
Class A motor vehicle which, in lieu of the registration numbers
required by this article, shall be inscribed with the officialamateur radio call letters of the applicant as assigned by the
federal communications commission.
(b) Each application shall be accompanied by proof of
ownership of the amateur radio station license; proof of
compliance with the motor vehicle laws of the state relative to
registration and licensing of motor vehicles; payment of the
registration, license and other fees required by law; and payment
of a special initial application fee in the amount of ten
dollars, which is in addition to all other fees required by law.
This special fee 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 the licenses.
(c) The commissioner shall promulgate rules in accordance
with the provisions of chapter twenty-nine-a of this code
regarding proper forms to be used in making application for the
special license plates authorized by this section.