COMMITTEE SUBSTITUTE
FOR
H. B. 2120
(By Delegates Warner, Michael, Johnson, Overington)
Houvouras, D. Miller and Beane)
(Originating in the House Committee on Finance)
[March 26, 1993]
A BILL to amend and reenact section fourteen, article three,
chapter seventeen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend
and reenact section fourteen, article ten of said chapter,
all relating to special registration, license plates and
fees; requirements for design of license plates; permitting
special plates for certain individuals, officials and
judges, national guardsmen, various classes of veterans,
nonprofit charitable or educational organizations and
emergency personnel; vanity plates; special ten-year
registration for exempted persons and antique automobiles;
plates for amateur radio station operators; fees and rules
to be promulgated by the commissioner.
Be it enacted by the Legislature of West Virginia:
That section fourteen, article three, chapter seventeen-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that section fourteen,
article ten of said chapter be amended and reenacted, all to readas 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; also the name of
this state, which may be abbreviated; and the year number for
which it is issued or the date of expiration thereof.
(2) Such Every registration plate and the required letters
and numerals thereon, except the year number for which issued or
the date of expiration, 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) said Registration numbering for registration plates
shall to begin with number two.
(c) The division shall not issue, permit to be issued, or
distribute any special registration plates numbers except asfollows:
(a)(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.
(b)(2) State officials and judges may be issued special
registration plates as follows:
(A) Upon appropriate application, there shall be issued to
the secretary of state, state superintendent of free schools,
auditor, treasurer, commissioner of agriculture, and the attorney
general, the members of both houses of the Legislature, including
the elected officials thereof, the justices of the supreme court
of appeals of West Virginia, the representatives and senators of
the state in the Congress of the United States, the judges of the
United States district courts for the state of West Virginia and
the judges of the United States court of appeals for the fourth
circuit, if any of said judges shall be residents of West
Virginia, a special registration plate for a Class A motor
vehicle owned by said official or spouse:
Provided,
That the
division shall not issue more than, but not to exceed two plates
for each such official.
(B) Each, which plate issued pursuant to this subdivision
shall bear any combination of letters and numbers not to exceed
an amount determined by the commissioner, and with a designation
of the office. Each such and which plate shall supersede the
regular numbered plate assigned to said official or spouse
during such official's his term of office and while such motor
vehicle is owned by said official or spouse., the regular
numbered plate assigned to him.
(C) An annual fee of fifteen dollars shall be charged for
every registration plate issued pursuant to this subdivision,
which fee shall be in addition to all other fees required by this
chapter.
(c)(3) Members of the national guard forces may be issued
special registration plates as follows:
(A) Upon receipt of an application on a form prescribed by
the division and receipt of written evidence from the chief
executive officer of the army national guard or air national
guard, as appropriate, or the commanding officer of any United
States Armed Forces Reserve Unit that the applicant is a member
thereof, the division shall issue to any member of the national
guard of this state or a member of any reserve unit of the United
States Armed Forces a special registration plate designed by the
commissioner for a any number of Class A motor vehicles owned by
the member or the member's spouse, but not to exceed one plate
for each such member.
(B) An initial application fee of ten dollars shall be
charged for each special registration plate issued pursuant to
this subdivision, which fee shall be 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.
(d)(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 the owner of a
motorcycle subject to Class G registration, under the provisionsof 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 such request wherever possible. and
(B) The commissioner shall promulgate appropriate rules and
regulations in accordance with the provisions of chapter
twenty-nine-a of this code regarding for the orderly distribution
of such plates:
Provided,
That for purposes of this subdivision,
such registration plates so requested and issued shall include
all plates bearing the numbers two through two thousand. and
shall be subject to the provisions of subdivision (k) of this
section.
(C) An annual fee of fifteen dollars shall be charged for
each special registration plate issued pursuant to this
subdivision, which fee shall be in addition to all other fees
required by this chapter.
(e)(5) Honorably discharged veterans may be issued special
registration plates as follows:
(A) Upon appropriate application, there shall be issued to
any honorably discharged veteran, of any branch of the armed
services of the United States, a special registration plate for
any number of vehicles titled in the name of the qualified
applicant with an insignia designed by the commissioner of the
division of motor vehicles.
(B) A special initial application fee of five ten dollars
shall be charged in addition to all other fees required by law.
This special fee is to compensate the division of motor vehiclesfor additional costs and services required in the issuing of such
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section:
Provided,
That nothing in this
section shall be construed to exempt said veterans any veteran
from any other provision in of this chapter.
(C) Special registration plates issued pursuant to this
subdivision are not transferable to any other person. Any
special registration issued hereunder shall terminate upon the
death of the registered owner thereof.
(f))6) Disabled veterans may be issued special registration
plates as follows:
(A) Upon appropriate application, there shall be issued to
any disabled veteran, who is exempt from the payment of
registration fees under the provisions of this chapter, a
registration plate for a vehicle titled in the name of the
qualified applicant which bears the letters "DV" in red, and also
the regular identification numerals in red.
(B) Special registration plates issued pursuant to this
subdivision are not transferrable to any other person. Any
special registration issued hereunder shall terminate upon the
death of the registered owner thereof.
(g)(7) Recipients of the distinguished purple heart medal
may be issued special registration plates as follows:
(A) Upon appropriate application, there shall be issued to
any armed service person holding the distinguished purple heart
medal for persons wounded in combat a registration plate for a
vehicle titled in the name of the qualified applicant bearing letters or numbers. The registration plate shall be designed by
the commissioner of motor vehicles and shall denote that those
individuals who are granted this special registration plate are
recipients of the purple heart. All letterings as herein
provided shall be in purple where practical. Further, the
(B) Registration plates issued pursuant to this subdivision
herein provided shall be exempt from all registration fees
otherwise required by under the provisions of this chapter.
(C) Special registration plates issued pursuant to this
subdivision are not transferable to any other person. Any
special registration issued hereunder shall terminate upon the
death of the registered owner thereof.
(h)(8) Survivors of the attack on Pearl Harbor may be
issued special registration plates as follows:
(A) Upon appropriate application, the owner of a motor
vehicle who was enlisted in any branch of the armed services that
participated in and survived the attack on Pearl Harbor on the
seventh day of December, one thousand nine hundred forty-one,
shall be issued a special registration plate for a vehicle titled
in the name of the qualified applicant. The registration plate
shall be designed by the commissioner of motor vehicles.
(B) Registration plates issued pursuant to this subdivision
and shall be exempt from the payment of all registration fees as
otherwise required under by the provisions of this chapter.
(C) Special registration plates issued pursuant to this
subdivision are not transferable to any other person. Any
special registration issued hereunder shall terminate upon the
death of the registered owner thereof.
(i)(9) Nonprofit charitable and educational organizations
may be issued special registration plates as follows:
(A) Subject to rules promulgated by the commissioner,
Nonprofit charitable and educational organizations shall be
authorized to may design a logo or emblem for inclusion on a
special registration plate and submit the same to the
commissioner for approval and authorization. Upon such approval
and authorization, the nonprofit charitable and educational
organizations may and to market this such special registration
plate to organization members and the general public.
(B) Approved nonprofit organizations may accept and collect
applications for the special registration plates from the owners
of Class A motor vehicles subject to a Class A registration and
together with payment of fees therefor under the provisions of
this article a special annual fee of fifteen dollars, which such
fee shall be charged in addition to all other fees required by
this chapter. Said applications and fees shall be submitted to
the division of motor vehicles with the and may request that the
division issue a registration plate bearing a combination of
letters or numbers with the organizations' logo or emblem, with
the maximum number of letters or numbers to be determined by the
commissioner.
(C) Provided, That such rules, regulations and standards
that are promulgated by the commissioner for purpose of this
subdivision shall be promulgated in accordance with the
provisions of chapter twenty-nine-a of this code. The
commissioner shall promulgate rules and regulations in accordance
with the provisions of chapter twenty-nine-a of this coderegarding the procedures for and approval of special registration
plates issued pursuant to this subdivision.
(D) Nonprofit organizations seeking to market such plates
shall be authorized to collect a fee for successfully processing
a registration plate application pursuant to this subdivision.
Nonprofit organizations shall also collect and shall deposit an
appropriate fee, which shall be determined by the commissioner,
and shall forward the same to with the division of motor
vehicles, to be deposited in a special revolving fund to be used
to defray the administrative costs associated with designing and
manufacturing special registration plates for the organization.
(j)(10) Specified emergency or volunteer registration
plates may be issued as follows:
(A) Any owner of a motor vehicle who is a resident of the
state of West Virginia, and who is a certified paramedic or
emergency medical technician, a member of a volunteer fire
company, 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 any such profession, group
or commission. Any such 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.upon
(B) Each application, submitted pursuant to thissubdivision 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 an the
requested insignia; proof of compliance with all laws of this
state regarding registration and licensure of motor vehicles; and
payment of all fees required herein. designed by the commissioner
of the division of motor vehicles to denote those individuals who
are granted special registration plates under this article,
complying with the motor vehicle laws of the state relative to
registration and licensing of motor vehicles, and upon payment of
the registration, license and other fees required by law, and the
payment of the additional special fee herein provided, shall be
issued a license plate for a private passenger car, upon which,
in lieu of the registration number prescribed by law, shall be
inscribed the insignia designed by the commissioner of the
division of motor vehicles to denote those individuals who are
granted this special registration insignia in addition to their
existing registration numbers.
(C) The special fee that shall be charged each applicant
for the issuance of a license plate bearing the insignia designed
by the commissioner of the division of motor vehicles to denote
those individuals who are granted this special registration
insignia in addition to their existing registration number, shall
be five dollars, which special fee shall be in addition to all
other fees required by law. Each application submitted pursuant
to this subdivision shall be accompanied by payment of a special
initial application fee of ten dollars, which said fee shall be
in addition to any other registration or license fee required bythis chapter. All such special fees shall be collected by the
division and deposited into a special revolving fund to be used
This special fee is for the purpose of compensating the division
of motor vehicles for additional costs and services required in
the issuing of such 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.
(d) The commissioner is authorized to shall promulgate
rules and regulations in accordance with the provisions of
chapter twenty-nine-a of this code regarding the prescribe proper
forms to be used in making application for the special license
plates authorized by this section.
(k) In addition to the regular registration fees set forth
in section three, article ten of this chapter, a fee of fifteen
dollars shall be paid to the division in each case in which an
application for a special registration plate is made as provided
in subdivisions (a), (b), (c) and (d):
Provided,
That
(e) Nothing in this section shall be construed to require
a charge for a free prisoner of war license plate or a free
recipient of the congressional medal of honor license plate for
a vehicle titled in the name of the qualified applicant as
authorized by other provisions of this code.:
Provided,
That
such registration plates are not transferrable to any person, and
such registration plates shall terminate upon the death of the
registered owner thereof.
(f) Special ten-year registration plates may be issued as
follows:
(1) The commissioner may issue or renew for a period of nomore than ten years any registration plate exempted from
registration fees pursuant to any provision of this code or any
restricted use antique motor vehicle license plate authorized by
section three-a, article ten of this chapter:
Provided,
That the
provisions of this subsection shall not apply to any person who
has had such a special registration suspended for failure to
maintain motor vehicle liability insurance as required by section
thirty-one, article six, chapter thirty-three of this code or
failure to pay personal property taxes as required by section
three-a of this article.
(2) An initial non-refundable fee shall be charged for each
special registration plate issued pursuant to this subsection,
which such fee shall be the total amount of fees required by
section fifteen, article ten, section three, article three, or
section three-a, article ten of this chapter for the period
requested.
(3) Special registration plates issued pursuant to this
subdivision are not transferable to any other person. Any
special registration issued hereunder shall terminate upon the
death of the registered owner thereof.
(g) The provisions of this section shall not be construed
to exempt any registrant from maintaining motor vehicle liability
insurance as required by section thirty-one, article six, chapter
thirty-three of this code or from paying personal property taxes
on any motor vehicle as required by section three-a of this
article.
(h) Notwithstanding the provisions of this section, or of
any other provision of this chapter, The commissioner may, in hisdiscretion, issue a type of registration plate of reflectorized
material suitable for permanent use on motor vehicles, trailers
and semitrailers, together with appropriate devices to be
attached thereto to indicate the year for which such vehicles
have been properly registered or the date of expiration of such
registration. The design and expiration of such plates shall be
determined by the commissioner.
(i) Further, notwithstanding any provisions of this chapter
to the contrary, Any license plate issued or renewed pursuant to
this chapter, which is paid for by a check that is returned for
non-sufficient funds, shall be void without further notice to the
applicant., and 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.
ARTICLE 10. FEES FOR REGISTRATION, LICENSING, ETC.
§17A-10-14. Registration plate for amateur radio station
operators; fees; rules and forms.
(a) Any owner of a motor vehicle who is a resident of the
state of West Virginia, and who holds an unrevoked and unexpired
official amateur radio station license and/or amateur class
operators' license issued by the federal communications
commission, may apply for a special licence plate for a Class A
motor vehicle which, in lieu of the registration numbers required
by this article, shall be inscribed with the official amateur
radio call letters of such applicant as assigned by the Federal
Communications Commission.
(b) Each such application shall be upon application,accompanied by proof of ownership of such amateur radio station
license; proof of compliance complying with the motor vehicle
laws of the state relative to registration and licensing of motor
vehicles; and upon payment of the registration, license and other
fees required by law; and the payment of the additional special
fee herein provided, shall be issued a license plate for a
private passenger car, upon which, in lieu of the registration
number prescribed by law, shall be inscribed the official amateur
radio call letters of such applicant as assigned by the federal
communications commission.
The special fee that shall be charged each applicant for the
issuance of a license plate bearing the official amateur radio
call letters, in lieu of a registration number, shall be five
payment of a special initial application fee in the amount of ten
dollars, which special fee shall be in addition to all other fees
required by law. This special fee shall be collected by the
division and deposited into a special revolving fund to be used
is for the purpose of compensating the department division of
motor vehicles for additional costs and services required in the
issuing of such licenses.
(c) The commissioner is authorized to shall promulgate
rules in accordance with the provisions of chapter twenty-nine-a
of this code regarding prescribe proper forms to be used in
making application for the special license plates authorized by
this section.