Introduced Version
House Bill 2177 History
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Committee Substitute
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2177
(By Delegates Stemple and Perry)
[Introduced February 10, 2005; referred to the
Committee on Roads and Transportation the Finance.]
A BILL to amend and reenact §17A-3-23 of the Code of West Virginia,
1931, as amended, relating to establishing a new license plate
that designates city or municipality law-enforcement
departments.
Be it enacted by the Legislature of West Virginia:
That §17A-3-23 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§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 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
two 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. Provided, That any registration
plates issued to a city or municipality law-enforcement department,
the color shall be blue lettering on a white background with the
word "West Virginia" on top of the plate with a badge on the far
left displaying the State seal with "Police" on the top of the
badge and "WV" on the bottom of the badge, and a "PD" listed
vertically between the badge and license plate number. 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 two 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 is
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.
NOTE: The purpose of this bill is to establish a new license
plate that designates city or municipality law-enforcement
departments.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.