ENROLLED

Senate Bill No. 511

(By Senators Bowman and McKenzie)

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[Passed April 13, 2001; in effect ninety days from passage.]

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AN ACT to amend article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-b, relating to assessors giving notice regarding motor vehicles unregistered in the state; establishing factors to consider to determine residency status of vehicle owner; and providing referral by assessor to county prosecuting attorney in certain circumstances.

Be it enacted by the Legislature of West Virginia:
That article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-b, to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.
§17A-3-3b. Motor vehicles believed illegally unregistered; assessor to make verification.

If, on information and belief the assessor has reason to believe that a motor vehicle has not been properly registered in this state in violation of the provisions of section one of this article, he or she shall give notice by posting on the vehicle a notice advising the owner of the vehicle to contact the office of the assessor within fifteen days to verify that the owner is not a resident of the state of West Virginia. Factors to be considered in determining whether or not such person is a resident of this state include, but are not limited to, the following:
(1) The person is registered to vote in this state;
(2) The person enrolls the person's child or children to be educated in an elementary or secondary school in this state or has complied with applicable provisions of this code indicating an intent to home school the person's child or children in this state;
(3) The person is receiving public assistance from this state;
(4) The person resides or has continuously remained in this state for a period exceeding thirty days, except for infrequent brief absences;
(5) The person has accepted employment or engages in any trade, profession or occupation within this state, except that this does not include a person who is commuting from the person's residence in another state or whose employment is seasonal or temporary, not exceeding thirty days;
(6) The person has filed for a homestead tax exemption on property in this state;
(7) The person subscribes to public utilities in this state in his or her own name;
(8) The person receives his or her mail in this state pursuant to verification from the United States postal service.
In the event the assessor receives no response from the posting, the assessor will refer the matter to the prosecuting attorney. If it is determined that the vehicle has not been properly registered in this state, the owner of the vehicle is in violation of the provisions of this article and the person will be subject to the criminal sanctions contained in section one of this article.