H. B. 4367


(By Delegates Vest, D. Cook, Leach and Varner)
[Introduced February 4, 1994; referred to the
Committee on Government Organization then Finance.]




A BILL to amend and reenact section twelve, article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections seven, eight, nine and eleven, article two, chapter seventeen-a; to further amend said article two, chapter seventeen-a by adding thereto two new sections, designated sections seven-a and twenty-three-a; to amend and reenact section four, article three, chapter seventeen-a; and to amend and reenact section four, article four of said chapter seventeen-a, all relating to the powers and duties of the commissioner of the division of motor vehicles generally; transferring certain driver testing functions to the division of motor vehicles; authorizing the commissioner to certify public and private driver training programs to administer certain driver tests; requiring the commissioner to organize the division as an agency to provide service to the public; specifying certain elements to be included in the organization of the division; requiring the commissioner to streamline the functional services of the division; specifying certain elements to be included in the streamlined services; requiring the establishment of branch offices; setting forth functions of the central office; clarifying that the commissioner is responsible for the acts or omissions of certain employees; authorizing the commissioner to pay county sheriffs for service of process; authorizing registered license service businesses to provide full services; authorizing the commissioner to give employment preference in branch offices to certain employees of registered license service business; setting a minimum privilege tax; and reducing from sixty to forty-five days for motor vehicle dealers to deliver certificates of title to the division.

Be it enacted by the Legislature of West Virginia:

That section twelve, article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that sections seven, eight, nine and eleven, article two, chapter seventeen-a of said code be amended and reenacted; and that said article two, chapter seventeen-a be further amended by adding thereto two new sections, designated sections seven-a and twenty-three-a; that section four, article three, chapter seventeen-a be amended and reenacted; and that section four, article four of said chapter seventeen-a be amended and reenacted, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.

ARTICLE 2. DIVISION OF PUBLIC SAFETY.

§ 15 - 2 - 12. Mission of the division; powers of superintendent, officers and members; patrol of turnpike.

(a) The West Virginia division of public safety shall have the mission of statewide enforcement of criminal and traffic laws with emphasis on providing basic enforcement and citizen protection from criminal depredation throughout the state and maintaining the safety of the state's public streets, roads and highways.

(b) The superintendent and each of the officers and members of the division are hereby empowered:
(1) To make arrests anywhere within the state of any persons charged with the violation of any law of this state, or of the United States, and when a witness to the perpetration of any offense or crime, or to the violation of any law of this state, or of the United States, may arrest without warrant; to arrest and detain any persons suspected of the commission of any felony or misdemeanor whenever complaint is made and warrant is issued thereon for such arrest, and any person so arrested shall be forthwith brought before the proper tribunal for examination and trial in the county where the offense for which any such arrest has been made was committed;
(2) To serve criminal process issued by any court or magistrate anywhere within this state (they shall not serve civil process); and
(3) To cooperate with local authorities in detecting crime and in apprehending any person or persons engaged in or suspected of the commission of any crime, misdemeanor or offense against the law of this state, or of the United States, or of any ordinance of any municipality in this state; and to take affidavits in connection with any application to the division of highways, division of motor vehicles and division of public safety of West Virginia for any license, permit or certificate that may be lawfully issued by these divisions of state government.
(c) Members of the division of public safety are hereby created forest patrolmen and game and fish wardens throughout the state to do and perform any duties and exercise any powers of such officers, and may apprehend and bring before any court or magistrate having jurisdiction of such matters, anyone violating any of the provisions of chapters twenty, sixty and sixty-one of this code, and the division of public safety shall at any time be subject to the call of the West Virginia alcohol beverage control commissioner to aid in apprehending any person violating any of the provisions of said chapter sixty of this code. They shall serve and execute warrants for the arrest of any person and warrants for the search of any premises issued by any properly constituted authority, and shall exercise all of the powers conferred by law upon a sheriff. They shall not serve any civil process or exercise any of the powers of such officer in civil matters.
(d) Any member of the division of public safety knowing or having reason to believe that anyone has violated the law may make complaint in writing before any court or officer having jurisdiction and procure a warrant for such offender, execute the same and bring such person before the proper tribunal having jurisdiction. He shall make return on all such warrants to such tribunals and his official title shall be "member of the division of public safety." Members of the division of public safety may execute any summons or process issued by any tribunal having jurisdiction requiring the attendance of any person as a witness before such tribunal and make return thereon as provided by law, and any return by a member of the division of public safety showing the manner of executing such warrant or process shall have the same force and effect as if made by a sheriff.
(e) Each member of the division of public safety, when called by the sheriff of any county, or when the governor by proclamation so directs, shall have full power and authority within such county, or within the territory defined by the governor, to direct and command absolutely the assistance of any sheriff, deputy sheriff, chief of police, policeman, game and fish warden, and peace officer of the state, or of any county or municipality therein, or of any able-bodied citizen of the United States, to assist and aid in accomplishing the purposes expressed in this article. When so called, any officer or person shall, during the time his assistance is required, be for all purposes a member of the division of public safety and subject to all the provisions of this article.
(f) The superintendent may also assign members of the division to perform police duties on any turnpike or toll road, or any section thereof, operated by the West Virginia parkways, economic development and tourism authority: Provided, That such authority shall reimburse the division of public safety for salaries paid to such members, and shall either pay directly or reimburse the division for all other expenses of such group of members in accordance with actual or estimated costs determined by the superintendent.
(g) The division of public safety may develop proposals for a comprehensive county or multicounty plan on the implementation of an enhanced emergency service telephone system and for causing a public meeting on such proposals, all as set forth in section six-a, article six, chapter twenty-four of this code.
(h) Until the first day of July, one thousand nine hundred ninety-five, the superintendent may also assign members of the division to administer tests for the issuance of commercial drivers' licenses, operator and junior operator licenses as provided for in section seven, article two, chapter seventeen-b of this code: Provided, That the division of motor vehicles shall reimburse the division of public safety for salaries and employee benefits paid to such members, and shall either pay directly or reimburse the division for all other expenses of such group of members in accordance with actual costs determined by the superintendent.
(i) The superintendent shall be reimbursed by the division of motor vehicles for salaries and employee benefits paid to members of the division of public safety, and shall either be paid directly or reimbursed by the division of motor vehicles for all other expenses of such group of members in accordance with actual costs determined by the superintendent, for services performed by such members relating to the duties and obligations of the division of motor vehicles set forth in chapters seventeen, seventeen-a, seventeen-b, seventeen-c and seventeen-d of this code.
(j) By the first day of July, one thousand nine hundred ninety-three, the superintendent shall establish a network to implement reports of the disappearance of children by local law-enforcement agencies to local school division superintendents and the state registrar of vital statistics. The network shall be designed to establish cooperative arrangements between local law-enforcement agencies and local school divisions concerning reports of missing children and notices to law-enforcement agencies of requests for copies of the cumulative records and birth certificates of missing children. The network shall also establish a mechanism for reporting the identities of all missing children to the state registrar of vital statistics.
(k) The superintendent may at his discretion and upon the written request of the West Virginia alcohol beverage control commissioner assist the commissioner in the coordination and enforcement of the alcohol beverage control act and the general law concerning nonintoxicating beer and wine.
(l) Notwithstanding the provisions of article one-a, chapter twenty of this code, the superintendent of the division of public safety may sell any surplus property to which the division of public safety or its predecessors retain title, and deposit the net proceeds into a special revenue account to be utilized for the purchase of additional real property and for repairs to or construction of detachment offices or other facilities required by the division of public safety. There is hereby created a special revolving fund in the state treasury which shall be designated as the "surplus real property proceeds fund." The fund shall consist of all money received from the sale of surplus real property owned by the division of public safety. Moneys deposited in the fund shall only be available for expenditure upon appropriation by the Legislature: Provided, That amounts collected which are found from time to time to exceed the funds needed for the purposes set forth in this subsection may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,

CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.

ARTICLE 2. DEPARTMENT OF MOTOR VEHICLES.

§ 17A - 2 - 7. Commissioner of motor vehicles - - Organization of department; assistants and employees.

(a) Subject to the provisions of subsection (c) of this section, the commissioner shall organize the department division in such manner as he or she may deem necessary to properly segregate and conduct the work of the department division. The commissioner shall employ such qualified assistants and employees as may be necessary for the efficient operation of his department. who shall possess all of the qualifications which may from time to time be prescribed for such positions by the commissioner the division. The duties and salaries of such assistants and employees shall be fixed by the commissioner, who shall have authority to remove any such assistant or employee at his or her will and pleasure. The total compensation paid to assistants and employees shall not exceed in any one year the appropriation made by the Legislature for that purpose.

(b) The commissioner shall require every employee who collects fees or handles funds or who has custody of equipment and supplies belonging to the state to take the constitutional oath and give an official bond, with corporate surety, properly conditioned and in a sum to be fixed by the commissioner, which bond shall be approved by him and filed in the office of the secretary of state. The cost of such bond shall be borne by the department division as a part of the operating cost of the department division.
(c) Effective the first day of July, one thousand nine hundred ninety-four, and not later than the first day of July, two thousand, the commissioner shall develop and implement the following plan for the operation of the division. The plan shall be known as the "DMV 2000 Rapid Service Center Plan" and shall include all of the following elements:
(1) Organization of the division as an agency to serve the public by:
(i) Establishing branch offices, known as "Rapid Service Centers" strategically located, based on factors which provide the public with the best access to service, including location in population centers, commercial and business centers, municipalities and/or in county seats to ensure that every citizen of this state is within thirty minutes driving time from a "Rapid Service Center" by the first day of July, two thousand;
(ii) Contracting with local governmental units for branch offices by lease-purchase or purchase when appropriate state owned facilities are not available in the county seat. If branch offices are established by a lease-purchase agreement, the contract shall ensure that the branch office and necessary real property become property of the state within fifteen years;
(iii) Ensuring that all branch offices meet the same standards with at least three thousand square feet, a drive-through window service, sufficient parking spaces for at least twenty motor vehicles and utilities necessary to provide full service to the geographic area in which it is located;
(iv) Determining the feasibility of operating a mobile office to provide service in remote areas of the state; and shall report on the feasibility of operating a mobile office to the Legislature on or before the first day of July, one thousand nine hundred ninety-five;
(v) Developing an identifying logo or symbol for the division to be attached to each branch office, operational unit, divisional label, stationery, license, booklet, motor vehicle, uniform and location to allow the public to easily identify a division of motor vehicles operation; and
(vi) Exploring the feasibility of including a parking building with a full service branch office to be located in the city of Charleston on land now owned by the state near the Capitol.
(2) Streamlining the functional services of the division by:
(i) Consolidating driver licensing, motor vehicle registration, traffic violator and payment information on each driver in one computer file with on-line access by each branch office;
(ii) Cross-training all employees in the various employment functions of the branch offices;
(iii) Changing driver's licenses to digital, bar coded licenses with an instant quality photograph of each driver affixed to each license;
(iv) Providing a driver improvement and counseling program to be conducted by counsellors from the central office who travel to each branch office on a regular alternating schedule and at other times based on need;
(v) Providing local counseling for persons convicted of driving under the influence of alcohol or other drug and assess a fee as provided in section three, article five-a of this chapter for the service;
(vi) Expanding the special registration license plate program;
(vii) Allowing the public to register motor vehicles for two-year periods;
(viii) Implementing a divisional auditing and evaluation unit to ensure collection and handling of fees, fines and revenue;
(ix) Allowing motor vehicle dealers who sell new motor vehicles to issue motor vehicle registration cards and registration plates at the dealership by establishing a trust fund in a financial institution in this state to be used by the motor vehicle dealer to immediately deposit state taxes and fees collected from the sale of a motor vehicle and the issuance of registration cards and registration plates and ensuring that the division may electronically transfer the balance of the trust account to the state treasury on a daily basis: Provided, That the commissioner shall require every motor vehicle dealer who participates in the issuance of licenses to file in the office of the secretary of state a corporate surety bond in the sum as approved by the commissioner conditioned for the faithful and honest conduct of business by the motor vehicle dealer, which surety bond must be written by a company recognized and approved by the insurance commissioner of the state and approved by the attorney general of the state with respect to its form, manner of execution and sufficiency;
(x) Developing a computer system in cooperation with motor vehicle dealers to permit motor vehicle dealers to title motor vehicles in this state and deposit taxes and fees into the trust account established for the deposit of taxes and fees collected by the dealers for issuing registration cards and registration plates;
(xi) Allowing recreational vehicle owners to renew recreational vehicle registration cards and registration plates on a staggered basis throughout each calendar year; and
(xii) Maintaining normal weekday office hours and office hours at least one-half day on Saturdays and on at least one weekday evening.
§ 17A - 2 - 7a. Motor vehicles employees to conduct driver testing.

Effective the first day of July, one thousand nine hundred ninety-five, civilian employees of the division of public safety assigned to administer tests for the issuance of commercial drivers' licenses, operator and junior operator licenses as provided for in section twelve, article two, chapter fifteen of this code shall be transferred to and shall become a part of the division of motor vehicles. In addition, on the effective date of this section, the commissioner of motor vehicles shall implement a program to certify private and public school driver training programs to administer tests for the issuance of operator and junior operator licenses.

§ 17A - 2 - 8. Commissioner of motor vehicles - - Office.

The commissioner shall maintain an a central office in one of the state capitol buildings. and in such other places in the state as he may deem necessary properly to carry out the powers and duties vested in the department. The commissioner shall keep his offices the central office open at all reasonable times for the transaction of public business. Effective with the completion of all the branch offices as provided in section seven of this article, but not later than the first day of July, two thousand, the central office shall house the records of the division, the administrative and technical staff of the division and the centralized computer operations of the division. Other functions of the division shall be located in the branch offices.

§ 17A - 2 - 9. Same - - Powers and duties; rules and regulations; seal.

(a) The commissioner is hereby vested with and is charged with the duty of observing, administering and enforcing the provisions of this chapter and of all laws the enforcement of which is now or hereafter vested in the department: Provided, however, That nothing in this chapter shall deprive the public service commission of West Virginia of any of the duties or powers now vested in it with regard to the regulation of motor vehicle carriers.

(b) The commissioner is hereby authorized to adopt and enforce such rules and regulations as may be necessary to carry out the provisions of this chapter and any other laws the enforcement and administration of which are vested in the department.
(c) The commissioner may adopt an official seal for the use of the department division.
(d) The commissioner shall allow any license service business provided for in article six-b of this chapter to provide full licensing services with on-line access to the division's computer system, if the licensing service business: (1) Provides an additional bond in an amount determined to be sufficient by the commissioner; (2) pays a fee; and (3) places all fees, moneys and taxes collected each day in a trust fund established in a bank or other regulated institution which allows the commissioner access to withdraw all moneys in the trust fund at the end of the business day. The commissioner shall promulgate necessary rules to implement the provisions of this subsection. A license service business may not be authorized or operated in lieu of a rapid service center.
(e) The commissioner shall give preference to employing people in the branch offices who have at least five continuous years of employment with a registered license service business in this state when employing people in branch offices.
§ 17A - 2 - 11. Commissioner of motor vehicles - - Delegation of powers and duties.

All powers and duties vested in the commissioner, except the power to sign contracts and make rules and regulations, may be exercised by the appointees or employees of the commissioner, under his or her direction. but the commissioner shall be responsible for their acts. The commissioner is responsible for the acts or omissions of employees who have been delegated power and authority by the commissioner.

§ 17A - 2 - 23a. Commissioner of motor vehicles authorized to pay county sheriff for service of process.

Notwithstanding any other provision of this code to the contrary, when service of process is necessary to enforce the provisions of this chapter, chapter seventeen-b, chapter seventeen-c, chapter seventeen-d and chapter seventeen-e of this code, or when it is necessary to provide for the collection of worthless or bad checks tendered to the commissioner for the payment of fees and taxes, the commissioner may enlist the assistance of county sheriffs to serve the necessary legal documents and assist in the collection of fees and fines resulting from the issuance of worthless or bad checks, the commissioner shall pay county sheriffs a fee of twenty dollars for each service of process performed and each collection made by the sheriff or by his or her deputies.

ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.

§ 17A - 3 - 4. Application for certificate of title; tax for privilege of certification of title; penalty for false swearing.

(a) Certificates of registration of any vehicle or registration plates therefor, whether original issues or duplicates, shall not be issued or furnished by the division of motor vehicles or any other officer charged with the duty, unless the applicant therefor already has received, or at the same time makes application for and is granted, an official certificate of title of the vehicle. The application shall be upon a blank form to be furnished by the division of motor vehicles and shall contain a full description of the vehicle, which description shall contain a manufacturer's serial or identification number or other number as determined by the commissioner and any distinguishing marks, together with a statement of the applicant's title and of any liens or encumbrances upon the vehicle, the names and addresses of the holders of the liens and any other information as the division of motor vehicles may require. The application shall be signed and sworn to by the applicant.

(b) A tax is hereby imposed upon the privilege of effecting the certification of title of each vehicle either in the amount equal to five percent of the value of the motor vehicle at the time of the certification or twenty dollars, whichever is the greater amount. If the vehicle is new, the actual purchase price or consideration to the purchaser thereof is the value of the vehicle; if the vehicle is a used or secondhand vehicle, the present market value at time of transfer or purchase is the value thereof for the purposes of this section: Provided, That so much of the purchase price or consideration as is represented by the exchange of other vehicles on which the tax imposed by this section has been paid by the purchaser shall be deducted from the total actual price or consideration paid for the vehicle, whether the same be new or secondhand; if the vehicle is acquired through gift, or by any manner whatsoever, unless specifically exempted in this section, the present market value of the vehicle at the time of the gift or transfer is the value thereof for the purposes of this section. No certificate of title for any vehicle shall be issued to any applicant unless the applicant has paid to the division of motor vehicles the tax imposed by this section which is the greater amount of either twenty dollars or five percent of the true and actual value of the vehicle whether the vehicle is acquired through purchase, by gift or by any other manner whatsoever except gifts between husband and wife or between parents and children shall be taxed at twenty dollars: Provided, however, That the husband or wife, or the parents or children previously have paid the tax on the vehicles transferred to the state of West Virginia: Provided further, That the division of motor vehicles may issue a certificate of registration and title to an applicant if the applicant provides sufficient proof to the division of motor vehicles that the applicant has paid the taxes and fees required by this section to a motor vehicle dealership that has gone out of business or has filed bankruptcy proceedings in the United States bankruptcy court and the taxes and fees so required to be paid by the applicant have not been sent to the division by the motor vehicle dealership or have been impounded due to the bankruptcy proceedings: And Provided further, That the applicant makes an affidavit of the same and assigns all rights to claims for money the applicant may have against the motor vehicle dealership to the division of motor vehicles: And Provided further, That the division of motor vehicles shall issue a certificate of registration and title to an applicant without payment of the tax imposed by this section if the applicant is a corporation, partnership or limited liability company transferring the vehicle to another corporation, partnership or limited liability company when the entities involved in the transfer are members of the same controlled group and the transferring entity has previously paid the tax on the vehicle transferred. For the purposes of this section, control means ownership, directly or indirectly, of stock or equity interests possessing fifty percent or more of the total combined voting power of all classes of the stock of a corporation or equity interests of a partnership or limited liability company entitled to vote or ownership, directly or indirectly, of stock or equity interests possessing fifty percent or more of the value of the corporation, partnership or limited liability company.
The tax imposed by this section does not apply to vehicles to be registered as Class H vehicles, or Class S vehicles, as defined in section one, article ten of this chapter, which are used or to be used in interstate commerce. Nor does the tax imposed by this section apply to the titling of Class B, Class K or Class E vehicles registered at a gross weight of fifty-five thousand pounds or more, or to the titling of Class C or Class L semitrailers, full trailers, pole trailers, and converter gear: Provided, That if an owner of a vehicle has previously titled the vehicle at a declared gross weight of fifty-five thousand pounds or more and the title was issued without the payment of the tax imposed by this section, then before the owner may obtain registration for the vehicle at a gross weight less than fifty-five thousand pounds, the owner must surrender to the commissioner the exempted registration, the exempted certificate of title, and pay the tax imposed by this section based upon the current market value of the vehicle: Provided, however, That notwithstanding the provisions of section nine, article fifteen, chapter eleven of this code, the exemption from tax under this section for Class B, Class K or Class E vehicles in excess of fifty-five thousand pounds and Class C or Class L semitrailers, full trailers, pole trailers and converter gear shall not subject the sale or purchase of the vehicles to the consumers sales tax. The tax imposed by this section does not apply to titling of vehicles by a registered dealer of this state for resale only, nor does the tax imposed by this section apply to titling of vehicles by this state or any political subdivision thereof, or by any volunteer fire department or duly chartered rescue or ambulance squad organized and incorporated under the laws of the state of West Virginia as a nonprofit corporation for protection of life or property. The total amount of revenue collected by reason of this tax shall be paid into the state road fund and expended by the commissioner of highways for matching federal funds allocated for West Virginia. In addition to the tax, there is a charge of five dollars for each original certificate of title or duplicate certificate of title so issued: Provided further, That this state or any political subdivision thereof, or any volunteer fire department, or duly chartered rescue squad, is exempt from payment of the charge.
The certificate is good for the life of the vehicle, so long as the same is owned or held by the original holder of the certificate, and need not be renewed annually, or any other time, except as provided in this section.
If, by will or direct inheritance, a person becomes the owner of a motor vehicle and the tax imposed by this section previously has been paid, to the division of motor vehicles, on that vehicle, he or she is not required to pay the tax.
A person who has paid the tax imposed by this section is not required to pay the tax a second time for the same motor vehicle, but is required to pay a charge of five dollars for the certificate of retitle of that motor vehicle, except that the tax shall be paid by the person when the title to the vehicle has been transferred either in this or another state from such person to another person and transferred back to such person.
(c) Notwithstanding any provisions of this code to the contrary, the owners of trailers, semitrailers, recreational vehicles and other vehicles not subject to the certificate of title tax prior to the enactment of this chapter are subject to the privilege tax imposed by this section: Provided, That the certification of title of any recreational vehicle owned by the applicant on the thirtieth day of June, one thousand nine hundred eighty-nine, is not subject to the tax imposed by this section: Provided, however, That mobile homes, house trailers, modular homes and similar nonmotive propelled vehicles, except recreational vehicles, susceptible of being moved upon the highways but primarily designed for habitation and occupancy, rather than for transporting persons or property, or any vehicle operated on a nonprofit basis and used exclusively for the transportation of mentally retarded or physically handicapped children when the application for certificate of registration for the vehicle is accompanied by an affidavit stating that the vehicle will be operated on a nonprofit basis and used exclusively for the transportation of mentally retarded and physically handicapped children, are not subject to the tax imposed by this section, but are taxable under the provisions of articles fifteen and fifteen-a, chapter eleven of this code.
(d) Any person making any affidavit required under any provision of this section, who knowingly swears falsely, or any person who counsels, advises, aids or abets another in the commission of false swearing, is on the first offense guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars or be imprisoned in the county jail for a period not to exceed six months, or, in the discretion of the court, both fined and imprisoned. For a second or any subsequent conviction within five years, that person is guilty of a felony, and, upon conviction thereof, shall be fined not more than five thousand dollars or be imprisoned in the penitentiary for not less than one year nor more than five years or, in the discretion of the court, fined and imprisoned.
(e) Notwithstanding any other provisions of this section, any person in the military stationed outside West Virginia, or his or her dependents who possess a motor vehicle with valid registration, are exempt from the provisions of this article for a period of nine months from the date that that person returns to this state or the date his or her dependent returns to this state, whichever is later.
ARTICLE 4. TRANSFERS OF TITLE OR INTEREST.

§ 17A - 4 - 4. Transfers to dealers and others.

When the transferee of a vehicle is a dealer who holds the same for resale and lawfully operates the same under dealer's plates, such dealer shall not be required to obtain a new registration of said vehicle or be required to forward the certificate of title to the department, but such dealer upon transferring his title or interest to another person shall execute and acknowledge an assignment and warranty of title upon the certificate of title and deliver the same not later than sixty forty-five days from date of sale to the person to whom such transfer is made.

When the transferee of a vehicle does not drive such vehicle or permit it to be driven upon the highways, such transferee shall not be required to obtain a new registration of said vehicle, but such transferee shall be required within sixty forty-five days from the date of such transfer to forward the certificate of title to the department accompanied by an application for a new certificate of title in his name.



NOTE: The purpose of this bill is to improve the services provided by the division of motor vehicles. The bill provides for the establishment of division of motor vehicle branch offices at locations throughout the state to be purchased or obtained by a lease-purchase agreement with units of local government. Under the bill, the civilian driver testing employees of the division of public safety are transferred to the division of motor vehicles and the division of motor vehicles is made responsible for driver testing. In addition, the commissioner may certify certain public and private driver training programs to administer driver examinations. The bill specifies that the commissioner implement certain elements to improve and streamline the functions of the department. Some of the elements include issuance of driver's licenses for five years, consolidation of driver/owner records, developing an identifying logo, cross-training employees, driver counseling programs, developing a digital, bar-coded driver's license and establishing a departmental auditing and evaluation program. The bill limits the functions of the central office of the division.

Under the bill, the commissioner may give preference to certain employees of registered license service companies for employment in branch offices. The bill authorizes the commissioner to pay county sheriffs a fee of twenty dollars for service of process. In addition, a minimum privilege tax is established by the bill. The bill reduces from sixty to forty-five days the time allowed for dealers to submit title transfers to the division.

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

§§17A-2-7a and 17A-2-23a are new; therefore, strike-throughs and under scoring have been omitted.