ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 144
(Senators Miller and Love, original sponsors)
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[Passed March 8, 1996; in effect ninety days from passage.]
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AN ACT 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 for any vehicle shall not be
issued or furnished by the division of motor vehicles, or any
other officer charged with such duty, unless the applicant 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 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 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 provided 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 was not subject to personal
property taxation for that year, he or she shall furnish 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 vehicle have been paid, the officer to whom the payment was made
shall deliver to the person paying the taxes a written or printed
receipt for the payment, and shall retain for his or her records
a duplicate of the receipt. It 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 state tax commissioner shall annually compile a schedule
of automobile values, based on the lowest values shown in a
nationally accepted used car guide. The state tax commissioner
shall furnish the schedule 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 under this
chapter expires at midnight on the last day of the month
designated by the commissioner: Provided, That the commissioner
may extend the period during which the registration plates may be used.
Certificates of title need not be renewed annually but
remain valid until canceled by the division for cause or upon a
transfer of any interest shown 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 is for a period of twelve consecutive calendar
months, the expiration dates 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 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 is designated the first period; that ending on the
twenty-eighth (twenty-ninth) day of February is designated the
second; that ending on the thirty-first day of March is
designated the third; that ending on the thirtieth day of April
is designated the fourth; that ending on the thirty-first day of
May is designated the fifth; that ending on the thirtieth day of
June is designated the sixth; that ending on the thirty-first day
of July is designated the seventh; that ending on the
thirty-first day of August is designated the eighth; that ending
on the thirtieth day of September is designated the ninth; that
ending on the thirty-first day of October is designated the
tenth; that ending on the thirtieth day of November is designated
the eleventh; and that ending on the thirty-first day of December
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 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 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 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 twenty-eight dollars and fifty cents: Provided,
That the registration fees and any other fees required by this
chapter for Class A vehicles under the optional biennial
staggered registration system shall be multiplied by two and paid
biennially to the division.
No license fee shall be charged for vehicles owned by
churches, or by trustees for churches, which are regularly used
for transporting parishioners to and from church services.
Notwithstanding 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 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 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 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 the vehicles operated in states other than
West Virginia bears to the total mileage operated by 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 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 multi-year
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.