COMMITTEE SUBSTITUTE
FOR
H. B. 2598
(By Mr. Speaker, Mr. Kiss, and Delegate Ashley
[By Request of the Executive]
(Originating in the Committee on Finance)
[April 2, 1997]
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
the issuance of specialized registration plates to members
of certain military organizations and members of the silver
haired legislature; requiring the issuance of specialized
registration plates displaying a species of nongame wildlife
native to West Virginia; design of insignia; application for
plates; requirements for issuance; fees for issuance; and
disposition of 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
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 may 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 may 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.
(C) A surviving spouse may continue to use his or her
deceased spouse's national guard forces license plate until the
surviving spouse dies, remarries or does not renew the license
plate.
(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 propose rules
for
legislative approval 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 may be construed to exempt any veteran from any
other provision of this chapter.
(C) A surviving spouse may continue to use his or her
deceased spouse's honorably discharged veterans license plate
until the surviving spouse dies, remarries or does not renew the
license 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) A surviving spouse may continue to use his or her
deceased spouse's disabled veterans license plate until the
surviving spouse dies, remarries or does not renew the license
plate.
(C) A qualified disabled veteran may obtain a second
disabled veteran license plate as described in this section for
use on a passenger vehicle titled in the name of the qualified
applicant. An annual fee of fifteen dollars, in addition to all other fees required by this chapter, shall be charged for the
second 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) A surviving spouse may continue to use his or her
deceased spouse's purple heart medal license plate until the
surviving spouse dies, remarries or does not renew the license
plate.
(D) A recipient of the purple heart medal may obtain a
second purple heart medal license plate as described in this
section for use on a passenger vehicle titled in the name of the
qualified applicant. An annual fee of fifteen dollars, in
addition to all other fees required by this chapter, shall be
charged for the second 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) A surviving spouse may continue to use his or her
deceased spouse's survivors of the attack on Pearl Harbor license
plate until the surviving spouse dies, remarries or does not
renew the license plate.
(D) A survivor of the attack on Pearl Harbor may obtain a
second survivors of the attack on Pearl Harbor license plate as
described in this section for use on a passenger vehicle titled
in the name of the qualified applicant. An annual fee of fifteen
dollars, in addition to all other fees required by this chapter,
shall be charged for the second 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 propose rules
for
legislative approval 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 the 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. This special plate shall
display the words "Wild Wonderful" as a slogan.
(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.
(12) Honorably discharged marine corps league members may be
issued special registration plates as follows:
(A) Upon appropriate application, there shall be issued to
any honorably discharged marine corps league member, 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 one-time initial application fee of ten
dollars shall be charged in addition to all other fees required
by this chapter. 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 may be construed to exempt any veteran from
any other provision of this chapter.
(C) A surviving spouse may continue to use his or her
deceased spouse's honorably discharged marine corps league
license plate until the surviving spouse dies, remarries or does
not renew the license plate.
(13) Military organization registration plates:
(A) The division may issue a special registration plate for
the members of any military organization chartered by the United
States Congress upon receipt of a guarantee from such
organization of a minimum of one hundred applicants. The
insignia on the plate shall be designed by the commissioner.
(B) Upon appropriate application, members of the chartered
organization in good standing, as determined by the governing
body of the chartered organization, may be issued a special
registration plate for any number of vehicles titled in the name
of the qualified applicant.
(C) A special one-time initial application fee of ten
dollars shall be charged for each special licence plate 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: Provided, that nothing in this section may be
construed to exempt any veteran from any other provision of this
chapter.
(D) A surviving spouse may continue to use his or her
deceased spouse's military organization registration plate until
the surviving spouse dies, remarries or does not renew the
special military organization registration plate.
(14)Special nongame wildlife registration plates:
(A) Upon appropriate application, the division shall issue
a special registration plate displaying a species of West
Virginia nongame wildlife no later than the first day of January,
one thousand nine hundred ninety-eight. This special plate shall
display a species of nongame wildlife native to West Virginia as
prescribed and designated by the commissioner and the director of
the division of natural resources.
(B) An annual fee of fifteen dollars shall be charged for
each special nongame wildlife registration plate in addition to
all other fees required by this chapter. All annual fees
collected for nongame wildlife registration plates shall be
deposited in a special revenue account designated the nongame
wildlife fund and credited to the division of natural resources.
(C) 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 in a special revolving fund to be
used in the administration of this chapter.
(15) Members of the silver haired legislature may be issued
special registration plates as follows:
(A) Upon appropriate application, there shall be issued to
any person who is a duly qualified member of the silver haired
legislature a specialized registration plate which bears
recognition of the applicant as a member of the silver haired
legislature.
(B) A qualified member of the silver haired legislature may
obtain one registration plate as described in this sectionsubdivision for
use on a passenger vehicle titled in the name of the qualified
applicant. An annual fee of fifteen dollars, in addition to all
other fees required by this chapter, shall be charged for the
plate. All annual fees collected by the division shall be
deposited in a special revolving fund to be used in the
administration of this chapter.
(d) The commissioner shall
promulgate propose rules
for
legislative approval 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)
(1) Nothing in this section
shall may 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 a
(2) A surviving spouse may continue to use his or her
deceased spouse's prisoner of war or congressional medal of honor
license plate until the surviving spouse dies, remarries or does
not renew the license plate.
(3) Qualified former prisoners of war and recipients of the
congressional medal of honor may obtain a second special
registration plate for use on a passenger vehicle titled in the
name of the qualified applicant. An annual fee of fifteen
dollars, in addition to all other fees required by this chapter,
shall be charged for the second special 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 do 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.
(g) The provisions of this section
shall may 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 is 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.
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