ENGROSSED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 144
(By Senators Miller and Love)
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[Originating in the Committee on Finance;
reported February 23, 1996.]
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A BILL to amend and reenact sections three-a and sixteen, 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 three, article ten of said chapter, all
relating to registration of motor vehicles; payment of
personal property taxes prerequisite to registration or
renewal; duties of assessors; a schedule of automobile
values; expiration of registrations and certifications of
title; establishing an optional two-year renewal cycle for
Class A motor vehicles; and combining the five different registration fees for Class A motor vehicles into one fee.
Be it enacted by the Legislature of West Virginia:
That sections three-a and sixteen, 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 three, article ten of said chapter be amended and
reenacted, all to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-3a. Payment of personal property taxes prerequisite to
registration or renewal; duties of assessors;
schedule of automobile values.
Certificates of registration and renewal of registration of
any vehicle or registration plates therefor for any vehicle shall
not be issued or furnished by the department division of motor
vehicles, or any other officer charged with such duty, unless the
applicant therefor for the certificate or registration plate,
except an applicant exempt from payment of registration fees
under section eight, article ten of this chapter, has furnished
the receipt hereinafter provided for in this section to show full
payment of the personal property taxes for the calendar year which immediately precedes the calendar year in which application
is made on all vehicles which were registered with the department
division of motor vehicles in the applicant's name on the tax day
for the former calendar year: Provided, That after the first day
of July, one thousand nine hundred ninety-seven, a certificate or
registration plate shall not be issued to an applicant who has
chosen the optional two-year registration system provide for in
section sixteen of this article, unless the applicant has
provided the receipts provided for in this section to show full
payment of the personal property taxes for the two calendar years
immediately preceding the calendar year in which application is
made on all vehicles which were registered with the division of
motor vehicles in the applicant's name on the tax day for the
former calendar year. If the applicant contends that any
registered vehicle so registered was not subject to personal
property taxation for that year, he or she shall furnish such the
information and evidence as the commissioner of motor vehicles
may require to substantiate his or her contention.
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 vehicle subject to the registration
provisions of this chapter. When the property taxes on any such
vehicle shall have been paid, the officer to whom the payment was
made shall deliver to the person paying such the taxes a written
or printed receipt therefor for the payment, and shall retain for
his or her records a duplicate of such the receipt. It shall be
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 this chapter. The officer receiving payment shall
sign each receipt in his or her own handwriting.
The assessors shall commence their duties hereunder during
the tax year one thousand nine hundred fifty-seven and the
department of motor vehicles shall commence its duties hereunder
as of the first day of January, one thousand nine hundred fifty-
eight.
The state tax commissioner shall annually compile a schedule
of automobile values, based on the lowest values shown in a
nationally accepted used car guide. which The state tax
commissioner shall furnish the schedule shall be furnished to each assessor and shall be used by him as a guide in placing the
assessed values on all automobiles in his county.
§17A-3-16. Expiration of registration and certificates of title.
(a) Every vehicle registration under this chapter and every
registration card and registration plate issued hereunder under
this chapter shall expire expires at midnight on the last day of
the month designated by the commissioner: Provided, That the
commissioner may extend the period during which said the
registration plates may be used.
Certificates of title need not be renewed annually but shall
remain valid until canceled by the division for cause or upon a
transfer of any interest shown therein in the vehicle.
(b) Notwithstanding the provisions of this section or of any
provision of this chapter, the commissioner shall adopt a
staggered registration system whereby the registration of Class
A motor vehicles shall be is for a period of twelve consecutive
calendar months, the expiration dates thereof of the
registrations to be staggered throughout the year: Provided,
That on or after the first day of July, one thousand nine hundred
ninety-seven, the commissioner shall also offer an optional two-
year registration system, whereby the registration of all vehicles shall be for a period of twenty-four consecutive
calendar months, the expiration dates of the registrations to be
staggered throughout the year. Under this option, all annual
fees due at the time of registration shall be multiplied by two.
(1) On or after the first day of July, one thousand nine
hundred seventy-eight ninety-seven, all Class A motor vehicles as
defined in section one, article ten of this chapter, shall be
registered for a period of twelve or twenty-four consecutive
calendar months. There hereby are established twelve
registration periods, each of which shall start on the first day
of each calendar month of the year and shall end on the last day
of the twelfth month from date of beginning. The period ending
on the thirty-first day of January shall be is designated the
first period; that ending on the twenty-eighth (twenty-ninth) day
of February shall be is designated the second; that ending on the
thirty-first day of March shall be is designated the third; that
ending on the thirtieth day of April shall be is designated the
fourth; that ending on the thirty-first day of May shall be is
designated the fifth; that ending on the thirtieth day of June
shall be is designated the sixth; that ending on the thirty-first day of July shall be is designated the seventh; that ending on
the thirty-first day of August shall be is designated the eighth;
that ending on the thirtieth day of September shall be is
designated the ninth; that ending on the thirty-first day of
October shall be is designated the tenth; that ending on the
thirtieth day of November shall be is designated the eleventh;
and that ending on the thirty-first day of December shall be is
designated the twelfth.
(2) All Class A motor vehicles, which are operated for the
first time upon the public highways of this state to and
including the fifteenth day of any given month shall be are
subject to registration and payment of the fee for the twelve or
twenty-four month period commencing the first day of the month of
operation. All Class A motor vehicles operated for the first
time upon the public highways of this state on and after the
sixteenth day of any given month shall be are subject to
registration and payment of fee for the twelve or twenty-four
month period commencing the first day of the month of the next
following calendar month.
(c) On or before the first day of July, one thousand nine hundred ninety-six, all Class T and Class R vehicles shall be
registered for a maximum period of three years or portion thereof
based on the number of years remaining in the three-year period
designated by the commissioner.
ARTICLE 10. FEES FOR REGISTRATION, LICENSING, ETC.
§17A-10-3. Registration fees for vehicles equipped with
pneumatic
tires.
The following registration fees for the classes indicated
shall be paid to the division for the registration of vehicles
subject to registration hereunder under this chapter when
equipped with pneumatic tires:
(a) Registration fees for the following classes shall be
paid to the division annually:
(1) Class A. -- The registration fee for all motor vehicles
of this class is as follows:
(A) For motor vehicles of a weight of three thousand pounds
or less -- twenty-five dollars.
(B) For motor vehicles of a weight of three thousand one
pounds to four thousand pounds -- thirty dollars.
(C) For motor vehicles of a weight in excess of four
thousand pounds -- thirty-six dollars.
(D) For motor vehicles designed as trucks with declared
gross weights of four thousand pounds or less -- twenty-five
dollars.
(E) For motor vehicles designed as trucks with declared
gross weights of four thousand one pounds to eight thousand
pounds -- thirty dollars.
For the purpose of determining the weight, the actual weight
of the vehicle shall be taken: Provided, That No license fee
shall be charged for vehicles owned by churches, or by trustees
for churches, which vehicles are regularly used for transporting
parishioners to and from church services. no license fee shall be
charged, but Notwithstanding such the exemption, the certificate
of registration and license plates shall be obtained the same as
other cards and plates under this article.
(2) Class B, Class E and Class K. -- The registration fee
for all motor vehicles of these three classes is as follows:
(A) For declared gross weights of eight thousand one pounds
to sixteen thousand pounds -- twenty-eight dollars plus five
dollars for each one thousand pounds or fraction thereof that the
gross weight of such the vehicle or combination of vehicles
exceeds eight thousand pounds.
(B) For declared gross weights greater than sixteen thousand
pounds, but less than fifty-five thousand pounds -- seventy-eight
dollars and fifty cents plus ten dollars for each one thousand
pounds or fraction thereof that the gross weight of such the
vehicle or combination of vehicles exceeds sixteen thousand
pounds.
(C) For declared gross weights of fifty-five thousand pounds
or more -- seven hundred thirty-seven dollars and fifty cents
plus fifteen dollars and seventy-five cents for each one thousand
pounds or fraction thereof that the gross weight of such the
vehicle or combination of vehicles exceeds fifty-five thousand
pounds.
(3) Class C and Class L. -- The registration fee for all
vehicles of these two classes is seventeen dollars and fifty
cents except that semitrailers, full trailers, pole trailers and converter gear registered as Class C and Class L may be
registered for a period of ten years at a fee of one hundred
dollars.
(4) Class G. -- The registration fee for each motorcycle is
eight dollars.
(5) Class H. -- The registration fee for all vehicles for
this class operating entirely within the state is five dollars;
and for vehicles engaged in interstate transportation of persons,
the registration fee is the amount of the fees provided by this
section for Class B, Class E and Class K reduced by the amount
that the mileage of such the vehicles operated in states other
than West Virginia bears to the total mileage operated by such
the vehicles in all states under a formula to be established by
the division of motor vehicles.
(6) Class J. -- The registration fee for all motor vehicles
of this class is eighty-five dollars. Ambulances and hearses
used exclusively as such are exempt from the above special fees
set forth in this section.
(7) Class S. -- The registration fee for all vehicles of
this class is seventeen dollars and fifty cents.
(8) Class U. -- The registration fee for all vehicles of
this class is fifty-seven dollars and fifty cents.
(9) Class Farm Truck. -- The registration fee for all motor
vehicles of this class is as follows:
(A) For farm trucks of declared gross weights of eight
thousand one pounds to sixteen thousand pounds -- thirty dollars.
(B) For farm trucks of declared gross weights of sixteen
thousand one pounds to twenty-two thousand pounds -- sixty
dollars.
(C) For farm trucks of declared gross weights of twenty-two
thousand one pounds to twenty-eight thousand pounds -- ninety
dollars.
(D) For farm trucks of declared gross weights of
twenty-eight thousand one pounds to thirty-four thousand pounds
-- one hundred fifteen dollars.
(E) For farm trucks of declared gross weights of thirty-four
thousand one pounds to forty-four thousand pounds -- one hundred
sixty dollars.
(F) For farm trucks of declared gross weights of forty-four
thousand one pounds to fifty-four thousand pounds -- two hundred five dollars.
(G) For farm trucks of declared gross weights of fifty-four
thousand one pounds to sixty-four thousand pounds -- two hundred
fifty dollars.
(b) Registration fees for the following classes shall be
paid to the division for a maximum period of three years, or
portion thereof based on the number of years remaining in the
three-year period designated by the commissioner:
(1) Class R. -- The annual registration fee for all vehicles
of this class is twelve dollars.
(2) Class T. -- The annual registration fee for all vehicles
of this class is eight dollars.
(c) The fees paid to the division for a multiyear
registration provided for by this chapter shall be the same as
the annual registration fee established by this section and any
other fee required by this chapter multiplied by the number of
years for which the registration is issued.