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:
§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.