Senate Bill No. 405
(By Senators Craigo, Bailey, Schoonover and
Macnaughtan)
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[Introduced February 21, 1994; referred to the Committee
on Transportation.]
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A BILL to amend and reenact section twenty-three, article three,
chapter seventeen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
issuing unlimited Class A license plates to drug task forces
operating in the state for vehicles involved in undercover
work of the drug task force.
Be it enacted by the Legislature of West Virginia:
That section twenty-three, article three, chapter
seventeen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-23. Registration plates to state, county, municipal and
other governmental vehicles; use for undercover activities.
Any motor vehicle designed to carry passengers, owned or leased by the state of West Virginia, or any of its departments,
bureaus, commissions or institutions, except vehicles used by the
governor, treasurer, vehicles operated by the department of
public safety, not to exceed six vehicles operated by
conservation officers of the division of natural resources, not
to exceed ten vehicles operated by the arson investigators of the
office of state fire marshal, and not to exceed sixteen vehicles
operated by inspectors of the office of the alcohol beverage
control commissioner, shall not be operated or driven by any
person unless it shall have displayed and attached to the front
thereof, in the same manner as regular motor vehicle registration
plates are attached, a plate of the same size as the regular
registration plate, with white lettering on a green background
bearing the words "West Virginia" in one line and the words
"State Car" in another line, and the lettering for the words
"State Car" shall be of sufficient size to be plainly readable
from a distance of one hundred feet during daylight.
Such vehicle shall also have attached to the rear a plate
bearing a number and such other words and figures as the
commissioner of motor vehicles shall prescribe. The rear plate
shall also be green with the number in white.
On registration plates issued to vehicles owned by counties,
the color shall be white on red with the word "County" on top of
the plate and the words "West Virginia" on the bottom. On any
registration plates issued to a city or municipality, the color
shall be white on blue with the word "City" on top, and the words "West Virginia" on the bottom. The colors may not be reversed
and shall be of reflectorized material. The commissioner is
hereby authorized to designate the colors and design of any other
registration plates that are issued without charge to any other
agency in accordance with the motor vehicle laws. The
registration plates issued to counties, municipalities and other
governmental agencies authorized to receive colored plates
hereunder shall be affixed to both the front and rear of such
vehicles:
Provided,
That upon application and payment of fees,
the commissioner is hereby authorized to issue a maximum of five
Class A license plates per applicant to be used by county
sheriffs and municipalities on law-enforcement vehicles while
engaged in undercover investigations: Provided, however, That
the commissioner is hereby authorized to issue an unlimited
number of Class A license plates per applicant to authorized drug
task forces in the state of West Virginia when the chief law
enforcement officer of a drug task force signs a written
affidavit stating that the vehicle or vehicles for which the
plates are being requested will be used only for official
undercover work conducted by such drug task force.
No other registration plate shall be issued for, or attached
to, any such state-owned vehicle.
The commissioner of motor vehicles shall have a sufficient
number of both front and rear plates produced to attach to all
state-owned cars. The numbered registration plates for such
vehicles shall start with the number "five hundred" and the commissioner shall issue consecutive numbers for all state-owned
cars.
It shall be the duty of each office, department, bureau,
commission or institution furnished any such vehicle to have such
plates affixed thereto prior to the operation of such vehicle by
any official or employee.
Any person violating the provisions of this section shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not less than fifty dollars nor more than one hundred
dollars.
Magistrates shall have concurrent jurisdiction with circuit
and criminal courts for the enforcement of this section.
NOTE: The purpose of this bill is to permit the motor
vehicles commissioner to issue an unlimited number of Class A
license plates to drug task forces operating in West Virginia if
the chief law enforcement officer of a drug task force affirms in
an affidavit that the vehicles which will use such plates are
required for undercover work of the drug task force.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.