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H. B. 3004
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(By Delegates Warner, Coleman,
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Shelton, Hubbard and Border)
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[Introduced March 26, 2001; referred to the
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Committee on Roads and Transportation then Finance.]
A BILL to repeal section three-a, article three, chapter
seventeen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to repeal sections fifteen and
sixteen, article four, chapter seventeen-d of said code; to
amend article five, chapter eleven of said code by adding
thereto two new sections, designated sections three-a and
three-b; to amend and reenact section twenty-one, article two,
chapter seventeen-a of said code; to amend and reenact
sections three and seventeen, article three of said chapter;
to amend and reenact section one, article five of said
chapter; to amend and reenact sections three and seven,
article two-a, chapter seventeen-d of said code; to further
amend said article by adding thereto three new sections,
designated sections three-a, three-b and three-c; to amend and
reenact section eighteen, article four of said chapter; and to
amend and reenact section twelve-a, article seven, chapter twenty of said code, all relating to the division of motor
vehicles; modifying the procedure for applications for vehicle
registrations and renewals thereof; exempting certain fees
from deposit in the state road fund; eliminating the
requirement that applications for registration of motor
vehicles be signed in ink; eliminating the requirement that
proof of payment of personal property taxes accompany
application for renewal of vehicle or motorboat registration;
authorizing sheriffs to block renewals of vehicle and
motorboat registrations for nonpayment of personal property
taxes; authorizing sheriffs to collect fees for reinstatement
of certain registration renewals and creating special fund
comprising such fees; eliminating the option of posting bond
or depositing securities with the state treasurer in lieu of
maintaining insurance on vehicles; providing for insurance
company reporting as an optional method of verification of
insurance coverage; prescribing penalties for violations of
company reporting requirements; altering the administrative
penalty for certain violations of laws requiring security on
vehicles.
Be it enacted by the Legislature of West Virginia:
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That section three-a, article three, chapter seventeen-a of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; that sections fifteen and sixteen, article four, chapter seventeen-d of said code be repealed; that article
five, chapter eleven of said code be amended by adding thereto two
new sections, designated sections three-a and three-b; that section
twenty-one, article two, chapter seventeen-a of said code be
amended and reenacted; that sections three and seventeen, article
three of said chapter be amended and reenacted; that section one,
article five of said chapter be amended and reenacted; that
sections three and seven, article two-a, chapter seventeen-d of
said code be amended and reenacted; that said article be further
amended by adding thereto three new sections, designated sections
three-a, three-b and three-c; that section eighteen, article four
of said chapter be amended and reenacted; and that section twelve-
a, article seven, chapter twenty of said code be amended and
reenacted, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 5. ASSESSMENT OF PERSONAL PROPERTY.
§11-5-3a. Tax commissioner to furnish schedule of automobile
values; duties of sheriffs and assessors.
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The state tax commissioner shall annually compile and furnish
to each assessor a schedule of automobile values, based on the
lower values shown in a nationally accepted used car guide. The
schedule shall be used by each assessor as a guide in placing the
assessed value on each automobile in his or her county.
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Each county assessor shall require any person having a duty to make return of property for taxation to him or her to furnish
information identifying each vehicle subject to the registration
provisions of chapter seventeen-a. When the property taxes on any
vehicle have been paid, the officer to whom the payment was made
shall deliver to the person paying the taxes as a written or
printed receipt for the payment, and shall retain for his or her
records a duplicate of the receipt. It is the duty of the assessor
and sheriff, respectively, to see that the assessment records and
the receipts contain information adequately identifying the vehicle
as registered under the provisions of chapter seventeen-a. The
officer receiving payment shall sign each receipt in his or her own
handwriting.
§11-5-3b. Tax commissioner to furnish schedule of motorboat
values; duties of sheriffs and assessors.
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The assessor shall require any person having a duty to make a
return of property for taxation to him or her to furnish
information identifying each motorboat subject to the provisions of
article seven, chapter twenty of this code. When the property
taxes on the motorboat have been paid, the officer to whom the
payment was made shall deliver to the person paying the taxes a
written or printed receipt therefor, and shall retain for his or
her records a duplicate of the receipt. The assessor and sheriff,
respectively, shall see that the assessment records and the
receipts contain information adequately identifying the motorboat as registered under the provisions of article seven, chapter twenty
of this code. The officer receiving payment shall sign each
receipt in his or her own handwriting.
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The state tax commissioner shall annually compile a schedule
of motorboat values, based on the lowest values shown in a
nationally accepted used motorboat guide, which schedule shall be
furnished to each assessor and shall be used by him or her as a
guide in placing the assessed values on all motorboats in his or
her county.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 2. DEPARTMENT OF MOTOR VEHICLES.
§17A-2-21. Payment of revenue collected to state treasurer for
credit to state road fund; certain electronic
commerce fees exempt.
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Taxes and fees imposed and collected under the provisions of
this chapter shall be are paid to the state treasurer in the manner
provided by law, and credited to the state road fund: Provided,
That any additional fee charged by a vendor selected by the
treasurer for the operation of an e-commerce system that is
utilized by the division for the acceptance of payments of any fee
or tax required by the provisions of this chapter are exempt from
the provisions of this section.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.
§17A-3-3. Application for registration; statement of insurance or
other proof of security to accompany application;
criminal penalties; fees; special revolving fund.
Every owner of a vehicle subject to registration under this
article shall make application to the division for the registration
of the vehicle upon the appropriate form or forms furnished by the
division and every such application shall bear the signature of the
owner or his or her authorized agent, written with pen and ink, and
in a manner as the commissioner may require. At a minimum, the
application shall contain include:
(a) The name, bona fide residence and mailing address of the
owner, the county in which he or she resides, or business address
of the owner if a firm, association or corporation.
(b) A description of the vehicle including, insofar as the
data specified in this section may exist with respect to a given
vehicle, the make, model, type of body, the manufacturer's serial
or identification number or other number as determined by the
commissioner.
(c) In the event a motor vehicle is designed, constructed,
converted or rebuilt for the transportation of property: the
application shall include
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(1) A statement of its declared gross weight if the motor
vehicle is to be used alone; or
(2) If the motor vehicle is to be used in combination with
other vehicles, the application for registration of the motor
vehicle shall include a statement of: (i) the combined declared
gross weight of the motor vehicle and the vehicles to be drawn by
the motor vehicle; declared gross weight being the weight declared
by the owner to be The actual combined weight of the vehicle or
combination of vehicles and load when carrying the maximum load
which that the owner intends to place on the vehicle; and (ii) the
application for registration of each vehicle shall also include a
statement of the distance between the first and last axles of that
vehicle or combination of vehicles: Provided, That the The
declared gross weight stated in the application shall not exceed
the permissible gross weight for the axle spacing listed in the
application as determined by the table of permissible gross weights
contained in chapter seventeen-c of this code; and any vehicle
registered for a declared gross weight as stated in the application
is subject to the single-axle load limit set forth in chapter
seventeen-c of this code.
(d) Each applicant shall state submit a statement with regard
to whether the vehicle is or is not to be used in the public
transportation of passengers or property or both, for compensation,
and if used for compensation, or to be used, the applicants shall
certify that the vehicle is used for compensation, and shall, as a
condition precedent to the registration of such vehicle, obtain if so, whether the owner has obtained a certificate of convenience, or
permit from the public service commission.
(e) Each applicant shall submit a statement under penalty of
false swearing that liability insurance is in effect and will
continue to be in effect through the entire term of the vehicle
registration period and that such insurance is within limits which
shall be no less than the requirement of section two, article four,
chapter seventeen-d of this code which shall contain the name of
the applicant's insurer, the name of the agent or agency which
issued the policy and the effective date of the policy, and such
other information as may be required by the commissioner of motor
vehicles, or that the applicant has qualified as a self-insurer
meeting the requirements of section two, article six, chapter
seventeen-d of the code and that as a self-insurer he or she has
complied with the minimum security requirements as established in
section two, article four, chapter seventeen-d: Provided, That in
or that the applicant has submitted bond or other security approved
by the commissioner of motor vehicles which shall provide the
equivalent of the policy of insurance specified in this section, or
that the applicant has submitted the required cash or other
securities with the state treasurer as set forth in the provisions
of section sixteen, article four, chapter seventeen-d of this code.
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(1) Intentional lapses of insurance coverage.
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(A) In the case of a periodic use or seasonal vehicle, as defined in section three, article two-a, chapter seventeen-d of
this code, the owner may provide, in lieu of other statements
required by this section, a statement, under penalty of false
swearing, that liability insurance is in effect during the portion
of the year the vehicle is in actual use, within limits which shall
be no less than the requirements of section two, article four,
chapter seventeen-d of this code, and other information relating to
the seasonal use, on a form designed and provided by the division.
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(B) Any registrant who prior to expiration of his or her
vehicle registration drops or cancels insurance coverage for any
reason other than periodic or seasonal use shall either surrender
the registration plate or shall, by certified mail, notify the
division of the cancellation. The notice shall contain a statement
under penalty of false swearing that the vehicle will not be
operated on the roads or highways of this state.
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(C) The registration of any vehicle upon which insurance
coverage has been dropped or canceled under paragraph (B) shall be
reinstated upon submission of current proof of insurance and
payment of the duplicate plate fee prescribed by this chapter.
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(2) Verification process.
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The division shall select no fewer than one percent of the
total number of motor vehicles registered annually for a random
sample verification of current insurance coverage. The division
may also select an owners statement of insurance submitted at the time of registration or registration renewal for verification.
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Random sample verification of current insurance coverage shall
be conducted on a monthly basis. The basis for each sample shall
be the entire registered motor vehicle base. The selection of a
registration for random sample verification shall not preclude the
registration from being selected again in any subsequent month.
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The division shall notify the registrant by regular mail that
he or she has twenty days to provide the division with proof of
insurance indicating current insurance coverage on the indicated
vehicle as of the date of the notice. The information shall be
verified with the indicated insurance company as provided in this
section or in the case of a verification of the original owner's
statement of insurance, proof of insurance as of the date of
submission of the owner's statement.
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When a statement or registration is selected for verification,
the division shall forward the information provided by the
registrant to the listed insurer. The insurer shall notify the
division, on a form required by the commissioner, within twenty
calendar days if the liability insurance is or is not in effect, as
required by this section.
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The division may select for verification any statement of
liability insurance submitted by a person who has previously been
convicted or whose registration or driver's license has been
suspended for violating the provisions of section three, article two-a, chapter seventeen-d of this code, or whose statements of
liability insurance have previously been found to be incorrect.
The division may also determine the correctness of information
relating to proof of other security satisfying the requirements of
this section.
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Following the twenty-day period, if the registrant has not
responded, or the division determines through the verification
process with the insurance company that there is or was no
liability insurance in effect, and the registrant has not complied
with the provisions of intentional lapse of insurance, then the
commissioner shall send a notice of pending suspension of the motor
vehicle registration and the suspension of the owner or owner's
driver's license to the registrant by certified mail. The notice
of pending suspension shall grant the registrant an additional
twenty days from the date of the mailing to provide current proof
of insurance as of the original notice date or other requested
information to the commissioner. Following this additional
twenty-day period, if the registrant fails to provide proof of
current insurance coverage as of the date of the original notice,
an order of suspension shall be directed to the superintendent by
the commissioner as provided in section seven, article nine of
this chapter.
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The commissioner shall suspend the motor vehicle registration
until current proof of insurance is received and shall suspend the driver's license of the owner or owners of the motor vehicle for a
period of ninety days: Provided, That whenever the commissioner
determines that the vehicle was actually insured despite the
receipt of a notice from the insurer, or the license plate was
surrendered to the division upon cancellation of coverage or that
the registrant complied with the intentional lapse of coverage
notice provisions, the suspension shall be withdrawn and any fees
collected by the state shall be returned.
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Upon the timely written request of a person whose vehicle
registration or driver's license is suspended under the provisions
of this section, the commissioner shall stay the suspension, and
afford the person an opportunity to be heard. The written request
must be filed with the commissioner in person or by registered or
certified mail, return receipt requested, within ten days after
receipt of a copy of the order of suspension.
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If the commissioner finds that the person whose vehicle
registration or driver's license was suspended was not in violation
of the provisions of this section, the commissioner shall rescind
his or her earlier order of suspension.
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A copy of the commissioner's order made and entered following
the hearing shall be served on the person by registered or
certified mail, return receipt requested. During the pendency of
any hearing, the revocation of the person's license to operate a
motor vehicle in this state shall be stayed. If the commissioner shall, after hearing, make and enter an order affirming the
commissioner's earlier order of revocation, the person shall be
entitled to judicial review as set forth in chapter twenty-nine-a
of this code. The commissioner shall not stay enforcement of the
order during the appeal. Pending the appeal, the court may grant
a stay or supersedeas of the order only upon motion and hearing,
and a finding by the court upon the evidence presented, that there
is a substantial probability that the appellant shall prevail upon
the merits, and the appellant will suffer irreparable harm if the
order is not stayed: Provided, That in no event shall the stay or
supersedeas of the order exceed thirty days.
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(3) (f) If any person making an application required under the
provisions of this section, in the application knowingly provides
false information, false proof of security or a false statement of
insurance, or if any person, including an applicant's insurance
agent, knowingly counsels, advises, aids or abets another in
providing false information, false proof of security, or a false
statement of insurance in the application, he or she is guilty of
a misdemeanor and, upon conviction thereof, shall be fined not more
than five hundred dollars, or be imprisoned in the county or
regional jail for a period not to exceed fifteen days, or both,
fined and imprisoned, and in addition to the fine or imprisonment
shall have his or her operator's or chauffeur's driver's license
and vehicle registration suspended for a period of six months: Provided, That if a motor vehicle is registered in more than one
name, the driver's license of only one of the owners may be
suspended by the commissioner.
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(f) (g) Any further information as may reasonably be required
by the division to enable it to determine whether the vehicle is
lawfully entitled to registration.
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(g) (h) Each such application for registration shall be
accompanied by the fees provided in this article, and an additional
fee of fifty cents for each motor vehicle for which the applicant
seeks registration, the fee to be deposited in a special revolving
fund for the operation by the division of its functions established
by the provisions of article two-a, chapter seventeen-d of this
code.
§17A-3-17. Application for renewal of registration; sheriffs
authorized to issue renewals of registration for
certain vehicles and to block renewals for
nonpayment of personal property taxes; special fund
created.
(a) Application for renewal of a vehicle registration shall be
made by the vehicle owner by proper application and payment of
taxes and registration fees provided by law.
(b) The division may receive applications for renewal of any
vehicle registration and each sheriff shall receive applications
from residents in his or her county for renewal of any Class A or G vehicle registration. The division and each sheriff shall issue
the renewals of registration each receives, respectively, in
accordance with all of the provisions in this article pertaining to
renewal of vehicle registration. including, but not limited to,
the payment of the taxes and fees required thereunder.
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(c) Any sheriff may prohibit the renewal of the vehicle
registration of any registrant whom the sheriff determines is
delinquent, in accordance with the provisions of section three,
article one, chapter eleven-a, in the payment of any personal
property taxes on all vehicles registered in the applicant's name:
(1) The sheriff shall, in a manner prescribed by the
commissioner, enter on to the divisions's vehicle registration
system database a block against each registration record of the
delinquent taxpayer;
(2) Upon the entry of the block by a sheriff against a
registration record, the division shall be prohibited from issuing
the renewal that is the subject of the block until the block is
removed by the sheriff, and the applicant may not have a right to
an administrative hearing before the commissioner to contest the
commissioner's action or to contest any action of the sheriff in
entering a block: Provided, That any person aggrieved by an
action of the sheriff taken in accordance with the provisions of
this subsection is entitled to seek relief in the circuit court
against the sheriff;
(3) The sheriff shall, within one business day, remove the
block against the vehicle registration upon the payment of the
delinquent personal property tax;
(4) If an applicant for renewal of registration contends that
any registered vehicle that is the subject of a block was not
subject to personal property taxation, he or she shall furnish the
information and evidence to the sheriff to substantiate his or her
contention;
(5) In addition to any other fees or penalties prescribed by
law, each sheriff may charge a reinstatement fee of not more than
fifty dollars to cover the administrative expense of entering and
removing any block entered in accordance with this section. The
sheriff shall establish a special fund, designated the vehicle
registration services fund, in which the sheriff shall deposit all
reinstatement fee and the county commission shall appropriate money
from the fund to cover the sheriff's expenses in entering and
removing blocks on the registration records of delinquent
taxpayers.
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(c) (d) Each sheriff shall charge a service fee of one dollar
for each renewal of a Class A or G vehicle registration he or she
issues. Effective the first day of July, one thousand nine hundred
ninety-eight, the The sheriff shall pay one half of this fee into
the county general fund The sheriff shall pay and the remaining
one half of this fee into the deputy sheriff retirement fund created in section six, article fourteen-d, chapter seven of this
code.
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(d) (e) On the first day of each month, each sheriff shall pay
over to the commissioner all fees he or she collected during the
preceding month for renewal of Class A and G vehicle registrations,
except his or her service and reinstatement fees. The payment
shall be accompanied by a report showing the name of the county,
the name and address of the person who obtained the registration
and paid the registration fee therefor, the vehicle registered, the
registration number, the date the registration was issued, the
signature of the sheriff and any other information the commissioner
may reasonably require in order to maintain the functions and
records of the department division. The commissioner shall deposit
all fees he or she receives from the sheriffs for renewal of Class
A and G vehicle registrations in the state treasury to the credit
of the state road fund as provided in section twenty-one, article
two of this chapter.
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(e) (f) The commissioner shall provide each sheriff with the
necessary forms, supplies, registration plates, registration decals
and instructions necessary to enable him or her to perform the
duties and functions specified in this section.
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(f) (g) No person may display upon a vehicle a new
registration plate or registration decal prior to the first day of
the month preceding the new registration period.
ARTICLE 5. PERMITS TO NONRESIDENT OWNERS.
§17A-5-1. Exemptions from registration of nonresident owners;
special permit and certificate in lieu of
registration for nonresidents maintaining temporary
and recurrent or seasonal residence in state.
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(a) A nonresident owner, except as otherwise provided in this
section, owning any vehicle registered in a foreign state or
country of a Class A type otherwise subject to registration
hereunder may operate or permit the operation of such the vehicle
within this state for a period of thirty days without registering
such the vehicle in, or paying any fees to, this state subject to
the condition that such the vehicle at all times when operated in
this state is duly registered in and displays upon it a valid
registration card and registration plate or plates issued for such
the vehicle in the place of residence of such the owner and that
such the vehicle is not operated for commercial purposes.
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(b) Every nonresident, including any foreign corporation,
carrying on business within this state and owning and regularly
operating in such a business any motor vehicle, trailer or
semitrailer or mobile equipment as defined in section one, article
one, chapter seventeen-a of this code, within this state, shall be
required to register each such vehicle and pay the same fee
therefor as is required with reference to like vehicles owned by
residents of this state, except as otherwise provided by reciprocal agreements with other states accomplished pursuant to sections ten
and ten-a, article two of this chapter.
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(c) Any nonresident who accepts or engages in temporary and
recurrent or seasonal employment, business, profession or
occupation in this state and maintains temporary and recurrent or
seasonal residence in this state in connection with such
employment, business, profession or occupation, and any
nonresident, including any corporation carrying on business of a
temporary and recurrent or seasonal nature in this state and owning
and temporarily and recurrently or seasonally operating in such a
business any motor vehicle, trailer or semitrailer or mobile
equipment as defined in section one, article one, chapter
seventeen-a of this code, within this state, may operate or permit
the operation of such the vehicle within this state without causing
said the vehicle to be registered as otherwise required by article
three of this chapter: Provided, That such a nonresident, in lieu
of registration of such the vehicle, shall make application to the
division and receive a special permit for such the vehicle which
shall be evidenced by a metal identification plate and certificate
in writing, which special permit plate and certificate shall
together identify the vehicle for which such the special permit and
plate shall issue and such the certificate shall bear the name and
address of the owner of such the vehicle. Such The special permit
shall be issued without previous certification of title to such the vehicle as otherwise required by article three of this chapter or
the provisions of subsection (b) of this section:
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(1) Every owner of a vehicle for which such a special permit
is desired shall make a verified application to the division for
such a special permit upon the appropriate form or forms furnished
by the division and shall bear the signature of the owner written
with pen and ink and in a manner as the commissioner may require
and the application shall contain the character of information
called for by section three, article three of this chapter, a
description of the employment, residence, business and location of
such the business set forth in such a manner as to show the
temporary and recurrent or seasonal nature of such the residence,
employment, business, profession or occupation, and that such the
vehicle is duly registered in the state of residence of such the
owner. There shall be an application for each vehicle for which a
special permit is desired;
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(2) Any special permit or plate issued by the division under
this section shall be effective and valid for a period of sixty
consecutive days from and including the date of issuance and, upon
similar application by the owner, the commissioner may renew any
such special permit for immediately ensuing similar period or
periods of sixty days in any fiscal year. The division shall
charge a fee of fifty dollars for each special permit issued under
this section:
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(A) A special permit shall be is issued for one vehicle only
and no combination of two or more vehicles shall be are operated
under fewer special permits than the number of vehicles in such the
combination. A special permit shall may not be issued for any
vehicle which is not duly registered in the state of residence of
the owner thereof.
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(B) The registration plate issued for such the vehicle by the
state of residence of the owner shall may not be displayed on such
the vehicle while being operated over any highway during any period
for which a special permit shall have has been issued for such the
vehicle under this section, but there shall be carried in such the
vehicle the certificate of registration issued for such the vehicle
by the state of residence of such the owner.
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(C) Any owner of any vehicle making application to operate
such the vehicle upon the highways of this state pursuant to the
provisions of this article shall also be required to comply with
the provisions of chapter seventeen-d of this code prior to
commencing such operation.
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(3) The commissioner shall prescribe the substance, form,
color and context of the certificate or special permit and the
special permit plate, each of which shall be are visually
distinguishable from the certificates of registration and
registration plates issued under article three of this chapter.
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(4) It is a misdemeanor for any person to drive or move or knowingly to permit to be moved or driven upon any highway any
vehicle for which a special permit shall have has been issued under
this section unless such the vehicle shall bear the special plate
called for by the certificate evidencing such a special permit.
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(5) When the employment, business, profession, occupation or
residence of the owner of a vehicle for which such a special permit
shall have has been issued shall cease to be temporary and
recurrent or seasonal, any special permit issued for such the
vehicle pursuant to this section shall immediately terminate and
become void and such the vehicle shall thereupon become subject to
registration under article three of this chapter or the provisions
of subsection (b) of this section.
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(6) Any special permit issued pursuant to this section shall
be is valid and effective on and after the first day of a month;
that is, such the special permit issued between the first and
fifteenth days of a month shall be effective during sixty
consecutive days from and including the first day of the month in
which the permit shall issue; and a special permit issued after the
fifteenth day of any month shall be effective during sixty
consecutive days commencing with and including the first day of the
month next following the month in which such a special permit shall
be issued.
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(d) Any other provision of this section notwithstanding, any
nonresident referred to in subsection (c) of this section who is engaged by a public utility, as the latter is defined in chapter
twenty-four of this code, for the exclusive purpose of restoring
the service of said the utility as a result of an emergency in
which such the service is affected shall be permitted to operate
such a motor vehicle, trailer or semitrailer or mobile equipment as
defined in section one, article one, chapter seventeen-a of this
code, within this state, without causing said the motor vehicle,
trailer or semitrailer or mobile equipment as defined in section
one, article one, chapter seventeen-a of this code to be registered
as otherwise provided by this section and article three of this
chapter for the period actually necessary for such the restoration
but not to exceed a period of ten consecutive days: Provided, That
said the motor vehicle, trailer or semitrailer or mobile equipment
shall be is registered in another state upon entry into this state.
The provisions of this subsection shall may not affect the
requirements of reciprocal agreements with other states
accomplished pursuant to sections ten and ten-a, article two of
this chapter.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-3. Required security; exceptions.
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Every owner or registrant of a motor vehicle required to be
registered and licensed in this state shall maintain security as
hereinafter provided in effect continuously throughout the registration or licensing period except in case of a periodic use
or seasonal vehicle, in which case the owner or registrant is
required to maintain security upon the vehicle only for the portion
of the year the vehicle is in actual use. As used in this section,
a periodic use or seasonal vehicle means a recreational vehicle,
antique motor vehicle, motorcycle or other motor vehicle which is
stored part of the year and used seasonally.
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Every nonresident owner or registrant of a motor vehicle,
which is operated upon any road or highway of this state, and which
has been physically present within this state for more than thirty
days during the preceding three hundred sixty-five days, shall
thereafter maintain security as hereinafter provided in effect
continuously throughout the period
such the
motor vehicle remains
within this state. No person shall knowingly drive or operate upon
any road or highway in this state any motor vehicle upon which
security is required by the provisions of this article unless
such
the
security is in effect.
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Such The
security shall be provided by one of the following
methods:
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(a) By an insurance policy delivered or issued for the
delivery in this state by an insurance company authorized to issue
vehicle liability and property insurance policies in this state
within limits which shall be no less than the requirements of
section two, article four, chapter seventeen-d of this code; or
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(b) By any other method approved by the commissioner of the
department of motor vehicles of this state as affording security
equivalent to that offered by a policy of insurance, including
qualification as a self-insurer under the provisions of section
two, article six, chapter seventeen-d. or
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(c) By depositing with the state treasurer such cash or other
securities in the manner set forth in section sixteen, article
four, chapter seventeen-d of this code.
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The requirements of this section apply to every registered and
licensed vehicle upon the next application for renewal of license
following the effective date of this section: Provided,
That this
article shall may not apply to any motor vehicle owned by the state
or by a political subdivision of this state, nor to any motor
vehicle owned by the federal government.
§17D-2A-3a. Voluntary cancellation of insurance; reinstatement of
registration.
(a) Any registrant who, prior to expiration of his or her
vehicle registration, drops or cancels insurance coverage for any
reason other than periodic or seasonal use, shall either surrender
the registration plate or notify the division by certified mail of
the cancellation, which notice shall contain a statement under
penalty of false swearing that the vehicle will not be operated on
the roads or highways of this state.
(b) The registration of any vehicle upon which insurance coverage has been dropped or canceled under subsection (a) shall be
reinstated upon submission of current proof of insurance and
payment of the duplicate plate fee prescribed by section eleven,
article ten of chapter seventeen-a.
§17D-2A-3b. Verification of insurance coverage by random
sampling; procedure; penalties.
(a) Selection of registrations-
(1) The division shall select no fewer than one percent of the
total number of those motor vehicles registered annually for a
random sample verification of current insurance coverage.
(2) The commissioner may select the registration of any person
who within the last five years: (A) Has had his or her vehicle
registration or driver's license suspended or revoked; (B) has
previously been convicted of or whose registration or driver's
license has been suspended for violating the provisions of section
three, article two-a, chapter seventeen-d of this code; or (C)
whose statements of liability insurance have previously been found
to be incorrect. The division may also determine the correctness
of information relating to proof of other security. Any
registration selected pursuant to this subsection may be included
in the total number of motor vehicles selected for purposes of
meeting the minimum sample pool.
(3) Random sample verification may be conducted on a monthly
basis, and the selection of a registration may not preclude that same registration from being selected again in any subsequent
month.
(b) Procedure after selection of registration:
(1) The division shall notify the registrant by regular mail
that he or she has twenty days to provide the division with proof
of insurance indicating current insurance coverage on the indicated
vehicle as of the date of the notice. The division shall forward
the information provided by the registrant to the listed insurer.
The insurer shall notify the division within twenty calendar days,
on a form required by the commissioner, if the liability insurance
is or is not in effect.
(2) If the registrant has not responded within twenty days, or
the division determines through the verification process with the
insurance company that there is or was no liability insurance in
effect, and the registrant has not complied with the provisions of
section three-a of this article, then the commissioner shall send
a notice of pending suspension of the motor vehicle registration
and the suspension of the owner or owner's driver's license to the
registrant by certified mail. The notice of pending suspension
shall grant the registrant an additional twenty days from the date
of the mailing to provide proof of insurance as of the original
notice date. Following this additional twenty-day period, if the
registrant fails to provide the requested proof of insurance
coverage, an order of suspension is directed to the superintendent by the commissioner as provided in section seven, article nine of
chapter seventeen-a.
(3) The commissioner shall suspend the motor vehicle
registration until current proof of insurance is received and shall
suspend the driver's license of the owner or owners of the motor
vehicle for a period of thirty days: Provided, That whenever the
commissioner determines that the vehicle was actually insured
despite the receipt of a notice from the insurer, or the license
plate was surrendered to the division upon cancellation of coverage
or that the registrant complied with the intentional lapse of
coverage notice provisions, the suspension is withdrawn and any
fees collected by the state is returned.
(4) Upon the timely written request of a person whose vehicle
registration or driver's license is suspended under the provisions
of this section, the commissioner shall stay the suspension, and
afford the person an opportunity to be heard. The written request
must be filed with the commissioner in person or by registered or
certified mail, return receipt requested, within ten days after
receipt of a copy of the order of suspension. If the commissioner
finds that the person whose vehicle registration or driver's
license was suspended was not in violation of the provisions of
this section, the commissioner shall rescind his or her earlier
order of suspension.
(5) A copy of the commissioner's order made and entered following the hearing may be served on the person by registered or
certified mail, return receipt requested. During the pendency of
any hearing, the revocation of the person's license to operate a
motor vehicle in this state may be stayed. If the commissioner,
after hearing, makes and enters an order affirming the
commissioner's earlier order of revocation, the person is entitled
to judicial review as set forth in chapter twenty-nine-a of this
code. The commissioner may not stay enforcement of the order
during the appeal. Pending the appeal, the court may grant a stay
or supersedes of the order upon a finding by the court that there
is a substantial probability that the appellant will prevail upon
the merits and that he or she will suffer irreparable harm if the
order is not stayed.
(c) If any person who in responding to any notice received
from the commissioner under subdivision one or two of the preceding
subsection knowingly provides false information, false proof of
security or a false statement of insurance, or if any person,
including a registrant's insurance agent, knowingly counsels,
advises, aids or abets another in providing false information or
false proof of security, he or she is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than five hundred
dollars, or be imprisoned for a period not to exceed fifteen days,
or both, and in addition to the fine or imprisonment shall have his
or her driver's license and vehicle registration suspended for a period of six months.
§17D-2A-3c. Insurance company reporting; procedure whenever lack
of coverage is suspected; penalties.
If the commissioner determines that a system requiring
insurance companies to electronically submit reports to the
division regarding motor vehicle insurance policies in effect can
be accomplished in a cost effective manner that will increase the
rate of compliance with the requirements of section three of this
article, he or she may establish a reporting system to be used in
lieu of the verification procedure established in section three-b
of this article, and the system shall be subject to the following:
(a) Every insurance company providing motor vehicle liability
insurance coverage for vehicles registered in this state must
provide on a monthly basis a record of each policy in effect. The
commissioner may require that the information be provided through
any means of electronic medium approved by the commissioner. The
commissioner may also require that the reports require the
following:
(1) The name, date of birth, driver's license number of each
insured owner or operator, and the address of the named insured;
(2) The make, year, and vehicle identification number of each
insured vehicle; and
(3) The policy number, effective date and expiration date of
each policy.
(b) The commissioner may assess a penalty of not more than two
hundred dollars for each day an insurance company fails to file a
report or otherwise fails to comply with any requirement
established by any rule promulgated to implement the provisions of
this section.
(c) Whenever it appears from the reports submitted in
accordance with subsection (a) of this section that a registrant
does not have insurance within limits no less than the requirements
of section two, article four, chapter seventeen-d of this code, the
commissioner shall proceed in the manner set forth in section
three-b of this article, and the penalties created in subsection
(c) of that section applies in the same manner as if the registrant
were selected under the random verification process.
§17D-2A-7. Suspension or revocation of license, registration;
reinstatement.
(a) Any owner of a motor vehicle, subject to the provisions of
this article, who fails to have the required security in effect at
the time such the vehicle is being operated upon the roads or
highways of this state, shall have his or her driver's license
suspended by the commissioner of the division of motor vehicles for
a period of thirty days and shall have his or her motor vehicle
registration revoked until such a time as he or she shall present
to the division of motor vehicles the proof of security required by
this article: Provided,
That if a motor vehicle is registered in more than one name, the driver's license of only one of the owners
shall be suspended by the commissioner.
(b) Any person who knowingly operates a motor vehicle upon the
roads or highways of this state, which does not have the security
required by the provisions of this article, shall have his or her
driver's license suspended by the commissioner for a period of
thirty days.
(c) A person's driver's license shall be suspended for a
period of thirty days if the person is operating a motor vehicle
designated for off highway use upon the roads and highways of this
state without the required security in effect. if the motor
vehicle is not properly registered and licensed, or if the required
security was canceled.
(d) The commissioner may withdraw a suspension of a driver's
license provided that the commissioner is satisfied that there was
not a violation of the provisions of required security related to
operation of a motor vehicle upon the roads or highways of this
state by such the person. The commissioner may request additional
information as needed in order to make such a determination.
(e) No person shall have his or her driver's license or motor
vehicle registration suspended or revoked under any provisions of
this section unless he or she shall first be given written notice
of such the suspension or revocation sent by certified mail, at
least twenty days prior to the effective date of such the suspension or revocation, and upon such a person's written request,
sent by certified mail, he or she shall be afforded an opportunity
for a hearing thereupon as well as a stay of the commissioner's
order of suspension or revocation and an opportunity for judicial
review of such the hearing. Upon affirmation of the commissioner's
order, the period of suspension or revocation shall commence to
run.
(f) Such suspended driver's license shall be reinstated
following the period of suspension upon compliance with the
conditions set forth in this article and such the revoked motor
vehicle registration shall be reissued only upon lawful compliance
with the provisions of this article.
(g) If a violation of this section or section three-b, three-c
or five of this article occurs within five years of a previous
suspension of the commissioner has previously suspended the
person's driver's license under the provisions of this section or
section three-b, section three-c or section five of this article,
the period of suspension shall be for a period of ninety days.
ARTICLE 4. PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE.
§17D-4-18. Substitution of proof.
The commissioner shall consent to the cancellation of any bond
or certificate of insurance or the commissioner shall direct and
the state treasurer shall return any money or securities to the
person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this
chapter.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-12a. Sheriffs authorized to block issuance of certificates
of number and renewals for nonpayment of personal
property taxes; fees; deposit in special fund.
(a) Any sheriff may prohibit the issuance of a certificate of
number and renewals thereof to any registrant who the sheriff
determines is delinquent, in accordance with the provisions of
section three, article one, chapter eleven-a, in the payment of
personal property taxes on any motorboat registered in the
applicant's name.
(1) The sheriff shall, in a manner prescribed by the
commissioner, enter on the division's motorboat registration system
data base a block against each registration record of the
delinquent taxpayer.
(2) Upon the entry of the block by a sheriff against a
registration record, the division is prohibited from issuing the
renewal that is the subject to the block that is removed by the
sheriff, and the applicant may not have a right to an
administrative hearing before the commissioner to contest the
commissioner's action or to contest any action of the sheriff in
entering a block: Provided, That any person aggrieved by an action of the sheriff taken in accordance with the provisions of this
subsection is entitled to seek relief in the circuit court against
the sheriff.
(3) The sheriff shall, within one business day, remove the
block against the motorboat registration of any delinquent taxpayer
who pays the delinquent personal property tax to the satisfaction
of the sheriff.
(4) If any applicant for renewal of registration contends that
any motorboat that is the subject of a block was not subject to
personal property taxation, he or she shall furnish the information
and evidence to the sheriff to substantiate his or her contention.
(b) In addition to any other fees or penalties prescribed by
law, each sheriff may charge a reinstatement fee of not more than
fifty dollars to cover the administrative expense of entering and
removing any block entered in accordance with this section. The
sheriff shall deposit all reinstatement fees in the special fund
created in subsection (c), section seventeen, article three,
chapter seventeen-a of this code, and the county commission shall
appropriate money from the fund to administer the reinstatement
program.
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NOTE: The purpose of this bill is to modify the application
procedure for vehicle registrations and renewals. The bill also
would do the following: (1) Exempt certain fees from deposit in
the state road fund; (2) eliminate the requirement that applications for registration of motor vehicles be signed in ink;
(3) eliminate the requirement that proof of payment of personal
property taxes accompany applications for renewal of vehicle or
motorboat registration; (4) authorizes sheriffs to block renewals
of vehicles and motorboat registrations for nonpayment of personal
property taxes; (5) authorizes sheriffs to collect fees for
reinstatement of certain registration renewals while creating a
special fund to deposit the fees; (6) eliminates the option of
posting bond or depositing securities with the state treasurer in
lieu of maintaining insurance on vehicles; (7) provides for
insurance companies to report an optional method of verification of
insurance coverage; (8) prescribes penalties for violations of
company reporting requirements; and, (9) alters the administrative
penalty for certain violations of laws requiring security on
vehicles.
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§11-5-3a, 3b, §17D-2A-3a, 3b and 3c are new; and §20-7-12a has
been completely rewritten; therefore, strike-throughs and
underscoring have been omitted.
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Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.