COMMITTEE SUBSTITUTE
FOR
H. B. 2511
(By Delegates Stalnaker, Beane, Warner,
Fragale, Cann, Azinger and Iaquinta)
(Originating in the Committee on Roads and Transportation)
[February 13, 2003]
A BILL to amend and reenact sections fourteen and twenty-three,
article three, chapter seventeen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
all relating to original and renewal of registration plates;
authorizing the issuance of special motor vehicle license
plates for members of the Nemesis Shrine, volunteers and
employees of the American Red Cross, individuals who have
received the Combat Infantry Badge or Combat Medic Badge,
members of the Knights of Columbus and former members of the
Legislature; prescribing fees; providing that special
registration plates may only be issued to those nonprofit
charitable and educational organizations authorized by prior
law; prohibiting the commissioner of motor vehicles from
approving or authorizing additional nonprofit charitable and
educational organizations to design or market special
registration plates; eliminating the requirement that a
certified firefighter produce annual evidence of certification; requiring the West Virginia university fire
service extension to notify the division of motor vehicles
when a firefighter loses his or her certification; making
technical corrections; removing the restriction on the number
of plates a volunteer firefighter may obtain and increasing
the cost of those plates; prohibiting the division of motor
vehicles from beginning the design or production of any
license plate based on membership or affiliation with a
private organization until a minimum number of persons have
applied and paid for the plate; procedure where minimum number
not met by private organization; and providing that the
division of protective services may have up to five class a
license plates.
Be it enacted by the Legislature of West Virginia:
That sections fourteen and twenty-three, article three,
chapter seventeen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all 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 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, the division shall issue to
the secretary of state, state superintendent of schools, auditor,
treasurer, commissioner of agriculture and the attorney general,
the members of both houses of the Legislature, including the
elected officials of both houses of the 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 West Virginia circuit courts,
active and retired on senior status, 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 and a
special registration plate for a Class G motorcycle owned by the
official or his or her spouse: Provided, That the division may
issue a Class A special registration plate for each vehicle titled
to the official and a Class G special registration plate for each
motorcycle titled to the 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) The division shall charge an annual fee of fifteen dollars
for every registration plate issued pursuant to this subdivision,
which is in addition to all other fees required by this chapter.
(3) The division may issue members of the national guard
forces 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. Upon
presentation of written evidence of retirement status, retired
members of this state's army or air national guard, or retired
members of any reserve unit of the United States armed forces, are
eligible to purchase the special registration plate issued pursuant
to this subdivision.
(B) The division shall charge an initial application fee of
ten dollars 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 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) The division may issue honorably discharged veterans
special registration plates as follows:
(A) Upon appropriate application, the division shall issue 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) The division shall charge a special initial application
fee of ten dollars 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 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) The division may issue disabled veterans special
registration plates as follows:
(A) Upon appropriate application, the division shall issue 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.
The division shall charge a one-time fee of ten dollars to be
deposited into a special revolving fund to be used in the
administration of this section, in addition to all other fees
required by this chapter, for the second plate.
(7) The division may issue recipients of the distinguished
purple heart medal 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. The division shall charge a one-time fee of ten dollars
to be deposited into a special revolving fund to be used in the
administration of this section, in addition to all other fees
required by this chapter, for the second plate.
(8) The division may issue survivors of the attack on Pearl
Harbor 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, the
division shall issue 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. The division shall charge a
one-time fee of ten dollars to be deposited into a special
revolving fund to be used in the administration of this section, in
addition to all other fees required by this chapter, for the second
plate.
(9) The division may issue special registration plates to
nonprofit charitable and educational organizations authorized under
prior enactment of this subdivision as follows:
(A) Approved nonprofit charitable and educational
organizations previously authorized under the prior enactment of
this subdivision 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.
(B) The commissioner shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code regarding the procedures for and
approval of special registration plates issued pursuant to this
subdivision.
(C) 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.
(D) The commissioner may not approve or authorize any
additional nonprofit charitable and educational organizations to
design or market special registration plates.
(10) The division may issue specified emergency or volunteer
registration plates 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 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 the special registration and for the administration of
this section.
(11) The division may issue specified certified firefighter
registration plates as follows:
(A) Any owner of a motor vehicle who is a resident of the
state of West Virginia and who is a certified firefighter may apply
for a special license plate which bears the insignia of the
profession, for any number of Class A vehicles titled in the name
of the qualified applicant. Any insignia shall be designed by the
commissioner. License plates issued pursuant to this subdivision
shall bear the requested insignia pursuant to the provisions of
this article. Upon presentation of written evidence of
certification as a certified firefighter, certified firefighters
are eligible to purchase the special registration plate, issued
pursuant to this subdivision.
(B) Each year an application submitted pursuant to this
subdivision shall be accompanied by an affidavit signed by the West
Virginia state fire commission or a copy of the applicant's
certification as a certified firefighter, with certification
number, 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. The firefighter
certification department, section or division of the West Virginia
university fire service extension shall notify the commissioner in
writing immediately when a firefighter loses his or her
certification. If a firefighter loses his or her certification,
the commissioner may not issue him or her a license plate under
this subsection.
(C) Each year an 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 the special registration and for the
administration of this section.
(12) The division may issue special scenic registration plates
as follows:
(A) Upon appropriate application, the commissioner shall issue
a special registration plate displaying a scenic design of West
Virginia which displays the words "Wild Wonderful" as a slogan.
(B) The division shall charge a special one-time initial
application fee of ten dollars 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.
(13) The division may issue honorably discharged marine corps
league members special registration plates as follows:
(A) Upon appropriate application, the division shall issue 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) The division may charge a special one-time initial
application fee of ten dollars 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 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.
(14) The division may issue military organization registration plates as follows:
(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 organization of a
minimum of one hundred applicants. The insignia on the plate shall
be designed by the commissioner.
(B) Upon appropriate application, the division may issue
members of the chartered organization in good standing, as
determined by the governing body of the chartered organization, a
special registration plate for any number of vehicles titled in the
name of the qualified applicant.
(C) The division shall charge a special one-time initial
application fee of ten dollars for each special license 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.
(15) The division may issue special nongame wildlife
registration plates and special wildlife registration plates as follows:
(A) Upon appropriate application, the division shall issue a
special registration plate displaying a species of West Virginia
wildlife which shall display a species of wildlife native to West
Virginia as prescribed and designated by the commissioner and the
director of the division of natural resources.
(B) The division shall charge an annual fee of fifteen dollars
for each special nongame wildlife registration plate and each
special wildlife registration plate in addition to all other fees
required by this chapter. All annual fees collected for nongame
wildlife registration plates and 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) The division shall charge a special one-time initial
application fee of ten dollars 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.
(16) The division may issue members of the silver haired
legislature special registration plates as follows:
(A) Upon appropriate application, the division shall issue 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 described in this subdivision for use
on a passenger vehicle titled in the name of the qualified
applicant. The division shall charge an annual fee of fifteen
dollars, in addition to all other fees required by this chapter,
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.
(17) Upon appropriate application, the commissioner shall
issue to a classic motor vehicle or classic motorcycle as defined
in section three-a, article ten of this chapter, a special
registration plate designed by the commissioner. An annual fee of
fifteen dollars, in addition to all other fees required by this
chapter, shall be charged for each classic registration plate.
(18) Honorably discharged veterans may be issued special
registration plates for motorcycles subject to Class G registration
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
motorcycles subject to Class G registration 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 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.
(19) Racing theme special registration plates:
(A) The division may issue a series of special registration
plates displaying national association for stock car auto racing
themes.
(B) An annual fee of twenty-five dollars shall be charged for
each special racing theme registration plate in addition to all
other fees required by this chapter. All annual fees collected for
each special racing theme registration plate shall be deposited
into a special revolving fund to be used in the administration of
this chapter.
(C) A special application fee of ten dollars shall be charged at the time of initial application as well as upon application for
any duplicate or replacement registration plate, in addition to all
other fees required by this chapter. All application fees shall be
deposited into a special revolving fund to be used in the
administration of this chapter.
(20) The division may issue recipients of the navy cross,
distinguished service cross, distinguished flying cross, air force
cross, bronze star or silver star special registration plates as
follows:
(A) Upon appropriate application, the division shall issue to
any recipient of the navy cross, distinguished service cross,
distinguished flying cross, air force cross, silver star or bronze
star, a registration plate for any number of vehicles titled in the
name of the qualified applicant bearing letters or numbers. A
separate registration plate shall be designed by the commissioner
of motor vehicles for each award that denotes that those
individuals who are granted this special registration plate are
recipients of the navy cross, distinguished service cross,
distinguished flying cross, air force cross, silver star or bronze
star, as applicable.
(B) The division shall charge a special initial application
fee of ten dollars 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 exempts the applicant for a special registration plate
under this subdivision from any other provision of this chapter.
(C) A surviving spouse may continue to use his or her deceased
spouse's navy cross, distinguished service cross, distinguished
flying cross, air force cross, silver star or bronze star special
registration plate until the surviving spouse dies, remarries or
does not renew the special registration plate.
(21) The division may issue honorably discharged veterans
special registration plates as follows:
(A) Upon appropriate application, the division shall issue to
any honorably discharged veteran of any branch of the armed
services of the United States with verifiable service during World
War II, the Korean War, the Vietnam War, the Persian Gulf War or
the War against Terrorism, a special registration plate for any
number of vehicles titled in the name of the qualified applicant
with an insignia designed by the commissioner denoting service in
the applicable conflict.
(B) The division shall charge a special one-time initial
application fee of ten dollars 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
contained in this section 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 registration plate until the
surviving spouse dies, remarries or does not renew the special
registration plate.
(22) The division may issue special volunteer firefighter
registration plates as follows:
(A) Any owner of a motor vehicle who is a resident of West
Virginia and who is a volunteer fireman or woman firefighter may
apply for a special license plate for one any Class A vehicle
titled in the name of the qualified applicant which bears the
insignia of the profession in white letters on a red background.
The insignia shall be designed by the commissioner and shall
contain a fireman's helmet insignia on the left side of the license
plate.
(B) Each application submitted pursuant to this subdivision
shall be accompanied by an affidavit signed by the applicant's fire
chief, stating that the applicant is a volunteer fireman or woman
firefighter and justified in having a registration plate with the
requested insignia. The applicant must comply with all other laws of this state regarding registration and licensure of motor
vehicles and must pay all required fees. Only one such license
plate may be issued to a volunteer fireman or woman.
(C) Each application submitted pursuant to this subdivision
shall be accompanied by payment of a special one-time initial
application fee of one dollar ten dollars, which is in addition to
any other registration or license fee required by this chapter.
All application fees shall be deposited into a special revolving
fund to be used in the administration of this chapter.
(23) The division may issue special registration plates which
reflect patriotic themes, including the display of any United
States symbol, icon, phrase or expression, which evokes patriotic
pride or recognition.
(A) Upon appropriate application, the division shall issue to
an applicant a registration plate of the applicant's choice,
displaying a patriotic theme as provided in this subdivision, for
a vehicle titled in the name of the applicant. A series of
registration plates displaying patriotic themes shall be designed
by the commissioner of motor vehicles for distribution to
applicants.
(B) The division shall charge a special one-time initial
application fee of ten dollars 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.
(24) Special license plates bearing the American flag and the
logo "9/11/01".
(A) Upon appropriate application, the division shall issue
special registration plates which shall display the American flag
and the logo "9/11/01".
(B) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(C) A special application fee of ten dollars shall be charged
at the time of initial application as well as upon application for
any duplicate or replacement registration plate, in addition to all
other fees required by this chapter. All application fees shall be
deposited into a special revolving fund to be used in the
administration of this chapter.
(25) The division may issue a special registration plate
celebrating the centennial of the 4-H youth development movement
and honoring the future farmers of America organization as follows:
(A) Upon appropriate application, the division may issue a
special registration plate depicting the symbol of the 4-H
organization which represents the head, heart, hands and health as
well as the symbol of the future farmers of America organization
which represents a cross section of an ear of corn for any number of vehicles titled in the name of the qualified applicant.
(B) The division shall charge a special initial application
fee of ten dollars 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.
(C) The division shall charge an annual fee of fifteen dollars
for each special 4-H future farmers of America registration plate
in addition to all other fees required by this chapter.
(26) The division may issue special registration plates to
educators in the state's elementary and secondary schools and in
the state's institutions of higher education as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
(B) The division shall charge a special initial application
fee of ten dollars 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.
(C) The division shall charge an annual fee of fifteen dollars
for each special educator registration plate in addition to all
other fees required by this chapter.
(27) The division may issue special registration plates to
members of the Nemesis Shrine as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of membership in Nemesis Shrine.
(B) The division shall charge a special initial application
fee of ten dollars 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.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(28) The division may issue volunteers and employees of the
American Red Cross special registration plates as follows:
(A) Upon appropriate application, the division shall issue to
any person who is a duly qualified volunteer or employee of the
American Red Cross a specialized registration plate which bears recognition of the applicant as a volunteer or employee of the
American Red Cross for any number of vehicles titled in the name of
the qualified applicant
.
(B) The division shall charge a special initial application
fee of ten dollars 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.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(29) The division shall issue special registration plates to
individuals who have received either the Combat Infantry Badge or
the Combat Medic Badge as follows:
(A) Upon appropriate application, the division shall issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof that they have received either the Combat Infantry
Badge or the Combat Medic Badge.
(B) The division shall charge a special initial application
fee of ten dollars 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.
(30) The division may issue special registration plates to
members of the Knights of Columbus as follows:
(A) Upon appropriate application, the division shall issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of membership in the Knights of Columbus.
(B) The division shall charge a special initial application
fee of ten dollars 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.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(31) The division may issue special registration plates to
former members of the Legislature as follows:
(A) Upon appropriate application, the division shall issue a
special registration plate designed by the commissioner for any number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of former service as an elected or appointed
member of the West Virginia House of Delegates or the West Virginia
Senate.
(B) The division shall charge a special initial application
fee of ten dollars 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.
The design of the plate shall
indicate total years of service in the Legislature.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(d) The commissioner shall propose rules for legislative
approval in accordance with the provisions of article three,
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. The commissioner may not begin the
design or production of any license plates for which eligibility is
based on membership or affiliation with a particular private
organization until at least one hundred persons complete an
application and deposit a check to cover the first year's basic registration, one time design and manufacturing costs and to cover
the first year additional annual fee. If the organization fails to
submit the required number of applications with attached checks
within six months of the effective date of the authorizing
legislation, the plate will not be produced and will require
legislative reauthorization.
(e)(1) Nothing in this section may be construed to require
requires 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.
(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. The division shall charge a
one-time fee of ten dollars to be deposited into a special
revolving fund to be used in the administration of this chapter, in
addition to all other fees required by this chapter, for the second
special plate.
(f) The division may issue special ten-year registration plates 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 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 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 to the registration 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, 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.
§17A-3-23. Registration plates to state, county, municipal and
other governmental vehicles; use for undercover
activities.
(a) Any motor vehicle designed to carry passengers, owned or
leased by the state of West Virginia, or any of its departments,
bureaus, commissions or institutions, except vehicles used by the
governor, treasurer, three plates vehicles per elected office of
the board of public works, vehicles operated by the state police,
vehicles operated by conservation officers of the division of
natural resources, not to exceed ten vehicles operated by the arson
investigators of the office of state fire marshal, not to exceed
five vehicles operated by the division of protective services and not to exceed sixteen vehicles operated by inspectors of the office
of the alcohol beverage control commissioner, may not be operated
or driven by any person unless it has displayed and attached to the
front thereof, in the same manner as regular motor vehicle
registration plates are attached, a plate of the same size as the
regular registration plate, with white lettering on a green
background bearing the words "West Virginia" in one line and the
words "State Car" in another line and the lettering for the words
"State Car" shall be of sufficient size to be plainly readable from
a distance of one hundred feet during daylight.
The vehicle shall also have attached to the rear a plate
bearing a number and any other words and figures as the
commissioner of motor vehicles shall prescribe. The rear plate
shall also be green with the number in white.
(b) On registration plates issued to vehicles owned by
counties, the color shall be white on red with the word "County" on
top of the plate and the words "West Virginia" on the bottom. On
any registration plates issued to a city or municipality, the color
shall be white on blue with the word "City" on top and the words
"West Virginia" on the bottom. The colors may not be reversed and
shall be of reflectorized material. The registration plates issued
to counties, municipalities and other governmental agencies
authorized to receive colored plates hereunder shall be affixed to
both the front and rear of the vehicles.
(c) Registration plates issued to vehicles operated by county
sheriffs shall be designed by the commissioner in cooperation with
the sheriffs' association with the word "Sheriff" on top of the
plate and the words "West Virginia" on the bottom. The plate shall
contain a gold shield representing the sheriff's star and a number
assigned to that plate by the commissioner. Every county sheriff
shall provide the commissioner with a list of vehicles operated by
the sheriff, unless otherwise provided in this section, and a fee
of ten dollars for each vehicle submitted by the first day of July,
two thousand two.
(d) The commissioner is authorized to designate the colors and
design of any other registration plates that are issued without
charge to any other agency in accordance with the motor vehicle
laws.
(e) Upon application, the commissioner is authorized to issue
a maximum of five Class A license plates per applicant to be used
by county sheriffs and municipalities on law-enforcement vehicles
while engaged in undercover investigations.
(f) The commissioner is authorized to issue an unlimited
number of license plates per applicant to authorized drug and
violent crime task forces in the state of West Virginia when the
chairperson of the control group of a drug and violent crime task
force signs a written affidavit stating that the vehicle or
vehicles for which the plates are being requested will be used only for official undercover work conducted by a drug and violent crime
task force.
(g) The commissioner is authorized to issue twenty Class A
license plates to the criminal investigation division of the
department of tax and revenue for use by its investigators.
(h) The commissioner may issue a maximum of ten Class A
license plates to the division of natural resources for use by
conservation officers. The commissioner shall designate the color
and design of the registration plates to be displayed on the front
and the rear of all other state-owned vehicles owned by the
division of natural resources and operated by conservation
officers.
(i) The commissioner is authorized to issue an unlimited
number of Class A license plates to the commission on special
investigations for state-owned vehicles used for official
undercover work conducted by the commission on special
investigations. The commissioner is authorized to issue a maximum
of five Class A plates to the division of protective services for
state owned vehicles used by the division of protective services in
fulfilling its mission.
(j) No other registration plate may be issued for, or attached
to, any state-owned vehicle.
(k) The commissioner of motor vehicles shall have a sufficient
number of both front and rear plates produced to attach to all state-owned cars. The numbered registration plates for the
vehicles shall start with the number "five hundred" and the
commissioner shall issue consecutive numbers for all state-owned
cars.
(l) It is the duty of each office, department, bureau,
commission or institution furnished any vehicle to have plates as
described herein affixed thereto prior to the operation of the
vehicle by any official or employee.
(m) Any person who violates the provisions of this section
shall be guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than fifty dollars nor more than one
hundred dollars. Magistrates shall have concurrent jurisdiction
with circuit and criminal courts for the enforcement of this
section.
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