H. B. 2987
(By Delegates Hall and L. Smith)
[Introduced February 26, 1999; referred to the
Committee on Political Subdivisions then the
Judiciary.]
A BILL to amend and reenact section seventeen, article three,
chapter seventeen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
providing right of sheriffs in counties where commissioner
has an office for renewals and registration to elect not to
process renewals and registrations.
Be it enacted by the Legislature of West Virginia:
That section seventeen, 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-3-17. Application for and renewal of registration; sheriffs
authorized to issue renewals of registration for certain vehicles.
(a) Application for renewal of a vehicle registration shall
be made by the vehicle owner by proper application and payment of
taxes and registration fees provided by law.
(b) The division may receive applications for renewal of any
vehicle registration and each sheriff shall receive applications
from residents in his or her county for renewal of any Class A or
G vehicle registration. The division and each sheriff shall
issue the renewals of registration each receives, respectively,
in accordance with all of the provisions in this article
pertaining to renewal of vehicle registration including, but not
limited to, the payment of the taxes and fees required
thereunder. The provisions of this subdivision notwithstanding,
sheriffs in counties in which the commissioner maintains an
office that issues renewals of registration may elect not to
receive applications for renewals of registration or issue
renewals of registration.
(c) Each sheriff shall charge a service fee of one dollar
for each renewal of a Class A or G vehicle registration he or she
issues. Effective the first day of July, one thousand nine
hundred ninety-eight, the sheriff shall pay one half of this fee
into the county general fund. The sheriff shall pay the
remaining one half of this fee into the deputy sheriff retirement
fund created in section six, article fourteen-d, chapter seven of
this code.
(d) On the first day of each month, each sheriff shall pay
over to the commissioner all fees he or she collected during the
preceding month for renewal of Class A and G vehicle
registrations, except his or her service fees. The payment shall
be accompanied by a report showing the name of the county, the
name and address of the person who obtained the registration and
paid the registration fee therefor, the vehicle registered, the
registration number, the date the registration was issued, the
signature of the sheriff and any other information the
commissioner may reasonably require in order to maintain the
functions and records of the department. The commissioner shall
deposit all fees he or she receives from the sheriffs for renewal
of Class A and G vehicle registrations in the state treasury to
the credit of the state road fund as provided in section twenty- one, article two of this chapter.
(e) The commissioner shall provide each sheriff with the
necessary forms, supplies, registration plates, registration
decals and instructions necessary to enable him or her to perform
the duties and functions specified in this section.
(f) No person may display upon a vehicle a new registration
plate or registration decal prior to the first day of the month
preceding the new registration period.
NOTE: The purpose of this bill is to allow sheriffs in
counties where the DMV maintains an office for vehicle
registration renewals to elect not to receive applications and
issue renewals of vehicle registration.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.