H. B. 2582
(By Delegates Adkins, Heck, Bennett, Beach and Ellis)
[Introduced February 21, 1995; referred to the
Committee on Roads and Transportation.]
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
motor vehicle administration; original and renewal of
registration; registration plates generally; and use of
plates by surviving spouses of honorably discharged
veterans, disabled veterans or recipients of the purple
heart.
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
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 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:
Provided, That the registration plate for
honorably discharged veterans, disabled veterans or recipients of
the purple heart upon the death of the person to whom the
registration plate was issued shall remain in effect until the
term for which it was issued expires or upon the sale of the
vehicle, whichever occurs first.
(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.
(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.
NOTE: The purpose of this bill is to permit special registration plates for honorably discharged veterans to remain
in effect after the death of the veteran until the end of the
term for which the plate was issued, or until the vehicle is
sold, whichever first occurs.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.