Senate Bill No. 339
(By Senators Tomblin (Mr. President) and Sprouse
By Request of the Executive)
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[Introduced January 31, 2000; referred to the Committee on
Transportation; and then to the Committee on Finance.]
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A BILL to amend and reenact section fourteen, article three,
chapter seventeen-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to racing theme
special registration plates; authorizing the issuance of
license plates displaying racing themes; and establishing
annual and special application fees.
Be it enacted by the Legislature of West Virginia:
That section fourteen, article three, chapter seventeen-a of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-14. Registration plates generally; description of plates; issuance of special numbers and plates;
registration fees; special application fees;
exemptions; commissioner to promulgate forms;
suspension and nonrenewal.
(a) The division upon registering a vehicle shall issue to the
owner one registration plate for a motorcycle, trailer, semitrailer
or other motor vehicle.
(b) Registration plates issued by the division shall meet the
following requirements:
(1) Every registration plate shall be of reflectorized
material and have displayed upon it the registration number
assigned to the vehicle for which it is issued; the name of this
state, which may be abbreviated; and the year number for which it
is issued or the date of expiration of the plate.
(2) Every registration plate and the required letters and
numerals on the plate shall be of sufficient size to be plainly
readable from a distance of one hundred feet during daylight:
Provided, That the requirements of this subdivision shall not apply
to the year number for which the plate is issued or the date of
expiration.
(3) Registration numbering for registration plates shall begin
with number two.
(c) The division may not issue, permit to be issued or
distribute any special registration plates except as follows:
(1) The governor shall be issued two registration plates, on
one of which shall be imprinted the numeral one and on the other
the word one.
(2) State officials and judges may be issued special
registration plates as follows:
(A) Upon appropriate application, there shall be issued to the
secretary of state, state superintendent of schools, auditor,
treasurer, commissioner of agriculture and the attorney general,
the members of both houses of the Legislature, including the
elected officials thereof, the justices of the supreme court of
appeals of West Virginia, the representatives and senators of the
state in the Congress of the United States, the judges of the
United States district courts for the state of West Virginia and
the judges of the United States court of appeals for the fourth
circuit, if any of the judges are residents of West Virginia, a
special registration plate for a Class A motor vehicle owned by the
official or his or her spouse: Provided, That the division may not
issue more than two plates for each official.
(B) Each plate issued pursuant to this subdivision shall bear
any combination of letters and numbers not to exceed an amount determined by the commissioner and a designation of the office.
Each plate shall supersede the regular numbered plate assigned to
the official or his or her spouse during the official's term of
office and while the motor vehicle is owned by the official or his
or her spouse.
(C) An annual fee of fifteen dollars shall be charged for
every registration plate issued pursuant to this subdivision, which
is in addition to all other fees required by this chapter.
(3) Members of the national guard forces may be issued special
registration plates as follows:
(A) Upon receipt of an application on a form prescribed by the
division and receipt of written evidence from the chief executive
officer of the army national guard or air national guard, as
appropriate, or the commanding officer of any United States armed
forces reserve unit that the applicant is a member thereof, the
division shall issue to any member of the national guard of this
state or a member of any reserve unit of the United States armed
forces a special registration plate designed by the commissioner
for any number of Class A motor vehicles owned by the member.
(B) An initial application fee of ten dollars shall be charged
for each special registration plate issued pursuant to this
subdivision, which is in addition to all other fees required by this chapter. All initial application fees collected by the
division shall be deposited into a special revolving fund to be
used in the administration of this section.
(C) A surviving spouse may continue to use his or her deceased
spouse's national guard forces license plate until the surviving
spouse dies, remarries or does not renew the license plate.
(4) Specially arranged registration plates may be issued as
follows:
(A) Upon appropriate application, any owner of a motor vehicle
subject to Class A registration, or a motorcycle subject to Class
G registration, as defined by this article, may request that the
division issue a registration plate bearing specially arranged
letters or numbers with the maximum number of letters or numbers to
be determined by the commissioner. The division shall attempt to
comply with the request wherever possible.
(B) The commissioner shall propose rules for legislative
approval in accordance with the provisions of chapter twenty-nine-a
of this code regarding the orderly distribution of the plates:
Provided, That for purposes of this subdivision, the registration
plates requested and issued shall include all plates bearing the
numbers two through two thousand.
(C) An annual fee of fifteen dollars shall be charged for each special registration plate issued pursuant to this subdivision,
which is in addition to all other fees required by this chapter.
(5) Honorably discharged veterans may be issued special
registration plates as follows:
(A) Upon appropriate application, there shall be issued to any
honorably discharged veteran of any branch of the armed services of
the United States a special registration plate for any number of
vehicles titled in the name of the qualified applicant with an
insignia designed by the commissioner of the division of motor
vehicles.
(B) A special initial application fee of ten dollars shall be
charged in addition to all other fees required by law. This
special fee is to compensate the division of motor vehicles for
additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section: Provided, That nothing in this
section may be construed to exempt any veteran from any other
provision of this chapter.
(C) A surviving spouse may continue to use his or her deceased
spouse's honorably discharged veterans license plate until the
surviving spouse dies, remarries or does not renew the license plate.
(6) Disabled veterans may be issued special registration
plates as follows:
(A) Upon appropriate application, there shall be issued to any
disabled veteran who is exempt from the payment of registration
fees under the provisions of this chapter a registration plate for
a vehicle titled in the name of the qualified applicant which bears
the letters "DV" in red and also the regular identification
numerals in red.
(B) A surviving spouse may continue to use his or her deceased
spouse's disabled veterans license plate until the surviving spouse
dies, remarries or does not renew the license plate.
(C) A qualified disabled veteran may obtain a second disabled
veteran license plate as described in this section for use on a
passenger vehicle titled in the name of the qualified applicant.
An annual fee of fifteen dollars, in addition to all other fees
required by this chapter, shall be charged for the second plate.
(7) Recipients of the distinguished purple heart medal may be
issued special registration plates as follows:
(A) Upon appropriate application, there shall be issued to any
armed service person holding the distinguished purple heart medal
for persons wounded in combat a registration plate for a vehicle titled in the name of the qualified applicant bearing letters or
numbers. The registration plate shall be designed by the
commissioner of motor vehicles and shall denote that those
individuals who are granted this special registration plate are
recipients of the purple heart. All letterings shall be in purple
where practical.
(B) Registration plates issued pursuant to this subdivision
are exempt from all registration fees otherwise required by the
provisions of this chapter.
(C) A surviving spouse may continue to use his or her deceased
spouse's purple heart medal license plate until the surviving
spouse dies, remarries or does not renew the license plate.
(D) A recipient of the purple heart medal may obtain a second
purple heart medal license plate as described in this section for
use on a passenger vehicle titled in the name of the qualified
applicant. An annual fee of fifteen dollars, in addition to all
other fees required by this chapter, shall be charged for the
second plate.
(8) Survivors of the attack on Pearl Harbor may be issued
special registration plates as follows:
(A) Upon appropriate application, the owner of a motor vehicle
who was enlisted in any branch of the armed services that participated in and survived the attack on Pearl Harbor on the
seventh day of December, one thousand nine hundred forty-one, shall
be issued a special registration plate for a vehicle titled in the
name of the qualified applicant. The registration plate shall be
designed by the commissioner of motor vehicles.
(B) Registration plates issued pursuant to this subdivision
are exempt from the payment of all registration fees otherwise
required by the provisions of this chapter.
(C) A surviving spouse may continue to use his or her deceased
spouse's survivors of the attack on Pearl Harbor license plate
until the surviving spouse dies, remarries or does not renew the
license plate.
(D) A survivor of the attack on Pearl Harbor may obtain a
second survivors of the attack on Pearl Harbor license plate as
described in this section for use on a passenger vehicle titled in
the name of the qualified applicant. An annual fee of fifteen
dollars, in addition to all other fees required by this chapter,
shall be charged for the second plate.
(9) Nonprofit charitable and educational organizations
previously authorized may be issued special registration plates as
follows:
(A) Nonprofit charitable and educational organizations authorized under the program established under the prior enactment
of this subdivision may continue to market the special registration
plate previously approved to organization members and the general
public. However, after the effective date of the reenactment of
this section, the commissioner shall not approve or authorize any
additional nonprofit charitable and educational organizations to
design or market registration license plates.
(B) Approved nonprofit charitable and educational
organizations authorized under the prior enactment of this
subdivision may accept and collect applications for special
registration plates from owners of Class A motor vehicles together
with a special annual fee of fifteen dollars, which is in addition
to all other fees required by this chapter. The applications and
fees shall be submitted to the division of motor vehicles with the
request that the division issue a registration plate bearing a
combination of letters or numbers with the organizations' logo or
emblem, with the maximum number of letters or numbers to be
determined by the commissioner.
(C) The commissioner shall propose rules for legislative
approval in accordance with the provisions of chapter twenty-nine-a
of this code regarding the procedures for and approval of special
registration plates issued pursuant to this subdivision.
(D) The commissioner shall set an appropriate fee to defray
the administrative costs associated with designing and
manufacturing special registration plates for a nonprofit
charitable or educational organization. The nonprofit charitable
or educational organization shall collect this fee and forward it
to the division for deposit in a special revolving fund to pay the
administrative costs. The nonprofit charitable or educational
organization may also collect a fee for marketing the special
registration plates.
(10) Specified emergency or volunteer registration plates may
be issued as follows:
(A) Any owner of a motor vehicle who is a resident of the
state of West Virginia and who is a certified paramedic or
emergency medical technician, a member of a volunteer fire company
or a paid fire department, a member of the state fire commission,
the state fire marshal, the state fire marshal's assistants, the
state fire administrator and voluntary rescue squad members may
apply for a special license plate for any number of Class A
vehicles titled in the name of the qualified applicant which bears
the insignia of the profession, group or commission. Any insignia
shall be designed by the commissioner. License plates issued
pursuant to this subdivision shall bear the requested insignia in addition to the registration number issued to the applicant
pursuant to the provisions of this article.
(B) Each application submitted pursuant to this subdivision
shall be accompanied by an affidavit signed by the fire chief or
department head of the applicant stating that the applicant is
justified in having a registration with the requested insignia;
proof of compliance with all laws of this state regarding
registration and licensure of motor vehicles; and payment of all
required fees.
(C) Each application submitted pursuant to this subdivision
shall be accompanied by payment of a special initial application
fee of ten dollars, which is in addition to any other registration
or license fee required by this chapter. All special fees shall be
collected by the division and deposited into a special revolving
fund to be used for the purpose of compensating the division of
motor vehicles for additional costs and services required in the
issuing of the special registration and for the administration of
this section.
(11) Special scenic registration plates:
(A) Upon appropriate application, the commissioner shall issue
a special registration plate displaying a scenic design of West
Virginia no later than the first day of January, one thousand nine hundred ninety-six. This special plate shall display the words
"Wild Wonderful" as a slogan.
(B) A special one-time initial application fee of ten dollars
shall be charged in addition to all other fees required by this
chapter. All initial application fees collected by the division
shall be deposited into a special revolving fund to be used in the
administration of this chapter.
(12) Honorably discharged marine corps league members may be
issued special registration plates as follows:
(A) Upon appropriate application, there shall be issued to any
honorably discharged marine corps league member a special
registration plate for any number of vehicles titled in the name of
the qualified applicant with an insignia designed by the
commissioner of the division of motor vehicles.
(B) A special one-time initial application fee of ten dollars
shall be charged in addition to all other fees required by this
chapter. This special fee is to compensate the division of motor
vehicles for additional costs and services required in the issuing
of the special registration and shall be collected by the division
and deposited in a special revolving fund to be used for the
administration of this section: Provided, That nothing in this
section may be construed to exempt any veteran from any other provision of this chapter.
(C) A surviving spouse may continue to use his or her deceased
spouse's honorably discharged marine corps league license plate
until the surviving spouse dies, remarries or does not renew the
license plate.
(13) Military organization registration plates:
(A) The division may issue a special registration plate for
the members of any military organization chartered by the United
States Congress upon receipt of a guarantee from such organization
of a minimum of one hundred applicants. The insignia on the plate
shall be designed by the commissioner.
(B) Upon appropriate application, members of the chartered
organization in good standing, as determined by the governing body
of the chartered organization, may be issued a special registration
plate for any number of vehicles titled in the name of the
qualified applicant.
(C) A special one-time initial application fee of ten dollars
shall be charged for each special license plate in addition to all
other fees required by this chapter. All initial application fees
collected by the division shall be deposited into a special
revolving fund to be used in the administration of this chapter:
Provided, That nothing in this section may be construed to exempt any veteran from any other provision of this chapter.
(D) A surviving spouse may continue to use his or her deceased
spouse's military organization registration plate until the
surviving spouse dies, remarries or does not renew the special
military organization registration plate.
(14) Special nongame wildlife registration plates:
(A) Upon appropriate application, the division shall issue a
special registration plate displaying a species of West Virginia
nongame wildlife no later than the first day of January, one
thousand nine hundred ninety-eight. This special plate shall
display a species of nongame wildlife native to West Virginia as
prescribed and designated by the commissioner and the director of
the division of natural resources.
(B) An annual fee of fifteen dollars shall be charged for each
special nongame wildlife registration plate in addition to all
other fees required by this chapter. All annual fees collected for
nongame wildlife registration plates shall be deposited in a
special revenue account designated the nongame wildlife fund and
credited to the division of natural resources.
(C) A special one-time initial application fee of ten dollars
shall be charged in addition to all other fees required by this
chapter. All initial application fees collected by the division shall be deposited in a special revolving fund to be used in the
administration of this chapter.
(15) Members of the silver haired legislature may be issued
special registration plates as follows:
(A) Upon appropriate application, there shall be issued to any
person who is a duly qualified member of the silver haired
legislature a specialized registration plate which bears
recognition of the applicant as a member of the silver haired
legislature.
(B) A qualified member of the silver haired legislature may
obtain one registration plate described in this subdivision for use
on a passenger vehicle titled in the name of the qualified
applicant. An annual fee of fifteen dollars, in addition to all
other fees required by this chapter, shall be charged for the
plate. All annual fees collected by the division shall be
deposited in a special revolving fund to be used in the
administration of this chapter.
(16) Racing theme special registration plates:
(A) The division may issue a series of special registration
plates displaying national association for stock car auto racing
themes;
(B) An annual fee of twenty-five dollars shall be charged for each special racing theme registration plate in addition to all
other fees required by this chapter. All annual fees collected for
each special racing theme registration plate shall be deposited
into a special revolving fund to be used in the administration of
this chapter;
(C) A special application fee of ten dollars shall be charged
at the time of initial application as well as upon application for
any duplicate or replacement registration plate, in addition to all
other fees required by this chapter. All application fees shall
be deposited into a special revolving fund to be used in the
administration of this chapter.
(d) The commissioner shall propose rules for legislative
approval in accordance with the provisions of chapter twenty-nine-a
of this code regarding the proper forms to be used in making
application for the special license plates authorized by this
section.
(e) (1) Nothing in this section may be construed to require a
charge for a free prisoner of war license plate or a free recipient
of the congressional medal of honor license plate for a vehicle
titled in the name of the qualified applicant as authorized by
other provisions of this code.
(2) A surviving spouse may continue to use his or her deceased spouse's prisoner of war or congressional medal of honor license
plate until the surviving spouse dies, remarries or does not renew
the license plate.
(3) Qualified former prisoners of war and recipients of the
congressional medal of honor may obtain a second special
registration plate for use on a passenger vehicle titled in the
name of the qualified applicant. An annual fee of fifteen dollars,
in addition to all other fees required by this chapter, shall be
charged for the second special plate.
(f) Special ten-year registration plates may be issued as
follows:
(1) The commissioner may issue or renew for a period of no
more than ten years any registration plate exempted from
registration fees pursuant to any provision of this code or any
restricted use antique motor vehicle license plate authorized by
section three-a, article ten of this chapter: Provided, That the
provisions of this subsection do not apply to any person who has
had a special registration suspended for failure to maintain motor
vehicle liability insurance as required by section three, article
two-a, chapter seventeen-d of this code or failure to pay personal
property taxes as required by section three-a of this article;
(2) An initial nonrefundable fee shall be charged for each special registration plate issued pursuant to this subsection,
which is the total amount of fees required by section fifteen,
article ten of this chapter, section three, article three of this
chapter or section three-a, article ten of this chapter for the
period requested.
(g) The provisions of this section may not be construed to
exempt any registrant from maintaining motor vehicle liability
insurance as required by section three, article two-a, chapter
seventeen-d of this code or from paying personal property taxes on
any motor vehicle as required by section three-a of this article.
(h) The commissioner may, in his or her discretion, issue a
registration plate of reflectorized material suitable for permanent
use on motor vehicles, trailers and semitrailers, together with
appropriate devices to be attached thereto to indicate the year for
which the vehicles have been properly registered or the date of
expiration of the registration. The design and expiration of the
plates shall be determined by the commissioner.
(i) Any license plate issued or renewed pursuant to this
chapter, which is paid for by a check that is returned for
nonsufficient funds, is void without further notice to the
applicant. The applicant may not reinstate the registration until
the returned check is paid by the applicant in cash, money order or certified check and all applicable fees assessed as a result
thereof have been paid.
NOTE: The purpose of this bill is to authorize the Division of
Motor Vehicles to issue special license plates depicting auto
racing themes including particular race car drivers. An additional
annual fee of $25 and an initial fee of $10 would be collected for
each plate issued. Personalized versions of the same type of plate
would cost an additional $15. All of these fees would be over and
above the regular $30 renewal fee which is deposited into the Road
Fund.
Strike throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.