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Introduced Version House Bill 3310 History

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hb3310 intr
H. B. 3310


(By Delegates Barker, Hrutkay and R. Thompson)
[Introduced March 25, 2005; referred to the
Committee on the Judiciary then Finance.]




A BILL to amend and reenact §17A-9-7 of the Code of West Virginia, 1931, as amended, relating to transferring the enforcement powers from the state police to the county sheriff when a person fails to maintain liability insurance; assessing an additional hundred dollar fee to reinstate a persons registration for failure to maintain liability insurance; and allocating eighty percent of the hundred dollars to the county sheriff and the remaining twenty dollars to the Department of Motor Vehicles.

Be it enacted by the Legislature of West Virginia:
That §17A-9-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9. OFFENSES AGAINST REGISTRATION LAWS AND SUSPENSION OR REVOCATION OF REGISTRATION.

§17A-9-7. Surrender of evidences of registration, etc., upon cancellation, suspension or revocation; willful failure or refusal to surrender; fee for reinstatement.

Whenever the registration of a vehicle, a certificate of title, a registration card, registration plate or plates, a temporary registration plate or marker, the right to issue temporary registration plates or markers, any nonresident or other permit, or any license certificate or dealer special plates issued under the provisions of article six of this chapter, is canceled, suspended or revoked as authorized in this chapter, the owner, holder or other person in possession of the evidences of the registration, title, permit or license or any special dealer plates shall, except as otherwise provided in article six of this chapter, immediately return the evidences of the registration, title, permit or license that was canceled, suspended or revoked, together with any dealer special plates relating to any license certificate, or any dealer special plate or plates if only the dealer special plate is suspended, to the Division: Provided, That the owner or holder shall, before reinstatement, pay a fee of ten dollars in addition to all other fees, which shall be collected by the Division and credited to a Special Revolving Fund in the State Treasury to be appropriated to the Division for use in enforcement of the provisions of this code.
If any person willfully fails or refuses to return to the Division the evidences of the registration, title, permit or license that have been canceled, suspended or revoked, or any dealer special plates, when obligated so to do as provided in this section, the Commissioner shall immediately notify the superintendent of the state police county sheriff of the county where the person resides, who shall, as soon as possible, secure possession of the evidence of registration, title, permit or license or any special dealer plates and return it to the Division. The superintendent of the state police county sheriff shall make a report in writing to the Commissioner, within two weeks after being notified by the Commissioner, as to the result of his or her efforts to secure the possession and return of the evidences of registration, title, permit or license, or any dealer special plates.
When a county sheriff or his or her designee secures possession of a registration, title, permit or license or any special dealer plates, there shall be an additional one hundred dollar charge assessed to redeem a persons registration, title, permit or license or any special dealer plates. Eighty percent of the redemption charge shall be allocated to the county sheriff to be used in the enforcement of this section, and twenty percent of the redemption charge shall be allocated to the Department of Motor Vehicles and deposited in the Special Revolving Fund in the State Treasury to be appropriated to the Division for use in enforcement of the provisions of this code.
For each registration, certificate of title, registration card, registration plate or plates, temporary registration plate or marker, permit, license certificate or dealer special plate, which the owner, holder or other person in possession of the registration, title, permit or license or any special dealer plates shall have willfully failed or refused, as provided in this section, to return to the Division within ten days from the time that the cancellation, suspension or revocation becomes effective, and which has been certified to the superintendent of the state police county sheriff as specified in this section, the owner or holder shall, before the registration, title, permit or license or any special dealer plates may be reinstated, if reinstatement is permitted, in addition to all other fees and charges, pay a fee of fifteen one hundred dollars, which shall be collected by the Division of Motor Vehicles, paid into the state treasury and credited to the general fund to be appropriated to the state police county sheriff for application in the enforcement of the road laws.
A total of twenty-five dollars may be collected on each reinstatement for each vehicle to which any cancellation, suspension or revocation relates: Provided, That when any motor vehicle registration is suspended for failure to maintain motor vehicle liability insurance the reinstatement fee is one hundred dollars, and if the vehicle owner fails to surrender the vehicle registration and the orders go to the state police county sheriff, an additional fee of fifty dollars shall be required before the motor vehicle registration may be reinstated. A total of one two hundred fifty dollars may be collected on each reinstatement of any motor vehicle registration canceled, suspended or revoked for failure to maintain motor vehicle liability insurance.




NOTE: The purpose of this bill is to transfer the enforcement powers from the state police to the county sheriff when a person fails to maintain liability insurance; assessing an additional hundred dollar fee to reinstate a persons registration for failure to maintain liability insurance; and allocating eighty percent of the hundred dollars to the county sheriff and the remaining twenty dollars to the Department of Motor Vehicles.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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