
H. B. 4051
(By Delegates Manuel, Mahan, Spencer,
Fleischauer, Schadler and Smirl)
[Introduced
January 16, 2002
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend chapter seventeen-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article ten-a, all relating
to the regulation of all-terrain vehicles; requiring titling
and payment of a privilege tax upon the purchase of all-
terrain vehicles; dedication of privilege tax; requiring an
identification certification card and identification device
for all-terrain vehicles and creating exceptions thereto;
providing requirements for issuing certification cards and
identification on certain new and previously sold all-terrain
vehicles; authorizing the division of motor vehicles to
otherwise regulate the transfer of ownership of titled and
untitled all-terrain vehicles; requiring visual placement of
the identification device and exceptions thereto; requiring capture of federal funds to the extent funds are available;
requiring regional distribution of registration fee;
authorizing the secretary of transportation to administer the
program; and establishing a special revenue account for the
privilege tax.
Be it enacted by the Legislature of West Virginia:
That chapter seventeen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article ten-a, to read as
follows:
ARTICLE 10A. ALL-TERRAIN VEHICLES TITLING AND REGISTRATION

§17A-10A-1. Numbering of all-terrain vehicles
.
(a) In accordance with the provisions of subsection (c),
section four of article three of this chapter, any all-terrain
vehicle as defined in section one, article one of this chapter
owned by a resident of this state and located within this state
is subject to the titling provisions of this article and payment
of the privilege tax provided by section four, article three of
this chapter. Notwithstanding any other code provision to the
contrary, all privilege taxes collected on all-terrain vehicles
pursuant to this section are to be deposited into the all-terrain
vehicle trails development administration fund established in section two of this article.
Provided, that the division of
motor vehicles shall retain five dollars of the privilege tax to
cover the costs associated with issuing the
identification number
certificate and identification device
required pursuant to this
section. The division of motor vehicles shall, on and after the
first day of October, two thousand and two, provide each all-
terrain vehicle owner who obtains a title, an identification
number certificate and an identification device as deemed
appropriate by the division. For the purposes of this section,
the term "identification device" includes, but is not limited to,
a decal, tag or plate designed to be affixed to the all-terrain
vehicle by the owner in the manner designated by the division for
purposes of identification. Any operator of the all-terrain
vehicle must carry the identification number certificate when
operating the all-terrain vehicle. The identification number
certificate and the identification device are valid without need
for renewal for the duration of the owner's interest in the all-
terrain vehicle and will not expire until the all-terrain vehicle
is either sold or otherwise permanently removed from the service
of the owner.
(b) Every owner of an all-terrain vehicle, regardless of
whether such vehicle is properly titled in the name of the owner, shall, on or after the first day of October, two
thousand and two, but before the first day of October, two
thousand and three, apply to the division for an identification
number certificate and an identification device as provided in
subsection (a) of this section. The division shall prescribe
the form and content of the application which shall contain but
is not limited to a statement of ownership, complete
description of the vehicle, manufacturer's identification
serial number, and the name and address of the vehicle owner.
The division may also require that the manufacturer's
identification serial number be verified by a law enforcement
officer or a motor vehicle inspection station authorized under
the provisions of article sixteen, chapter seventeen-c of this
code. The division shall issue the identification number
certificate and identification device in the following manner:
(1) When the all-terrain vehicle is titled in the name of
the owner at the time the application is filed, issue to the
owner-applicant an identification number certificate and
identification device for display in accordance with the
provisions of this section. Any seller of an all-terrain
vehicle shall properly reassign his or her interest in the all-
terrain vehicle to any subsequent purchaser on the reverse side of the certificate of title and the identification number
certificate.
(2) When the all-terrain vehicle is not titled in the name
of the owner at the time the application is filed, the division
shall require the applicant to submit a statement of ownership
and verification of the manufacturer's identification serial
number. The division shall, upon satisfaction that the
applicant is the bona fide owner of the vehicle, issue to the
owner-applicant an identification number certificate and
identification device for display in accordance with the
provisions of this section. Any seller of an all-terrain
vehicle shall properly reassign his or her interest in the all-
terrain vehicle to any subsequent purchaser on the reverse side
of the identification number certificate.
(c) Upon the transfer of ownership of any all-terrain
vehicle which displays an identification device, the seller
shall properly reassign his or her interest in the all-terrain
vehicle on the reverse side of the identification number
certificate and, if applicable, the certificate of title to the
purchaser, who shall, within sixty days of purchase, apply to
the division for a new certificate of title in the purchaser's
name, pay the required privilege tax and obtain a new
identification number certificate and identification device.
(d) Upon the transfer of ownership on or after the first
day of October, two thousand and three, of any all-terrain
vehicle which does not display an identification device, the
purchaser shall, within sixty days of purchase, complete a
statement of ownership, obtain a verification of the
manufacturer's identification serial number and apply to the
division for a certificate of title in the purchaser's name,
pay the required privilege tax and obtain an identification
number certificate and identification device.
(e) On or after the first day of October, two thousand and
three, it is unlawful for any person to own or operate an all-
terrain vehicle in this state, unless an identification number
certificate is carried by the operator and the prescribed
identification device is properly displayed on the vehicle in a
proper manner as designated by the division. The penalties
prescribed in section one, article eleven of this chapter apply
to violations of this chapter: Provided, That t
he requirements
of this section concerning display of the identification device
are not required if the all-terrain vehicle is: (1) exclusively
operated on land owned or leased by the vehicle owner, or (2)
exempt from payment of the privilege tax in accordance with the
provisions of section four of this article.
§17A-24-2. All-terrain vehicle trails development administration fund
.
(a) The privilege tax collected pursuant to section one of
this article is to be used in the development of all-terrain
vehicle recreational trails in this state. The monies
collected shall be administered by the secretary of
transportation to promote trails development as provided by
this section. To the extent federal matching funds are
available pursuant to 23 U.S.C. § 206, which provides federal
funds to develop recreational trails to states comporting to
federal guidelines, the secretary shall coordinate
disbursements through the state "recreational trail advisory
board" as provided for by federal law or other appropriate
board or process to assure capture of the maximum federal
monies available to the state for development of public all-
terrain vehicle trails. In order to assure that trails
development is done in areas in the state of greatest need of
trails and is allocated to the areas of the state from which
the privilege tax has been collected, the secretary shall
establish a region by region zoning plan, which may be the same
zone design that the department of transportation currently
employs for "work zone" allocations or other type of region-
based mechanism to assure that trails development monies are returned to the local areas of the state from which these
monies have been collected. The recreational trail advisory
board or other administrative process or entity as directed by
the secretary of transportation shall administer the fund as
established in subsection (c).
(c) The privilege tax collected pursuant to section one of
this article is to be deposited into a all-terrain vehicle
trails development administration fund. This fund shall be
administered through the secretary of transportation as
provided in this section is to take the form of an interest-
bearing account, with any interest earned to be compounded to
the fund.
Note: The purpose of this bill is to require all-terrain
vehicles to be titled and registered in this state;
registration and a vehicle identification devise be issued for
each all-terrain vehicle; and dedication of the privilege tax
for all-terrain vehicles into the state recreational trails
development fund to develop on a regional basis, public trails
throughout the state.
This bill was recommended for passage by the Joint
Judiciary Committee.
This is a new article; therefore, underlining and strike-
throughs have been omitted.