H. B. 2212
(By Delegates Henderson, Leggett, Seacrist,
Warner, Yeager and Farris)
[Introduced February 25, 1997; referred to the
Committee on Roads and Transportation then Finance.]
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
requiring that upon application special license plates be
issued to members of the silver haired Legislature.
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 does
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,
members of the silver haired
Legislature, 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.
(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.
(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) 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.
(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) 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.
(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 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. 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.
(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. 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 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 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 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 require that upon
application special license plates be issued to members of the
silver haired Legislature.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.