H. B. 4536

(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced February 19, 2002; referred to the
Committee on Roads and Transportation then the Judiciary.]

A BILL to repeal sections fifteen and sixteen, article four, chapter seventeen-d of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend article five, chapter eleven of said code by adding thereto two new sections, designated sections three-a and three-b; to amend and reenact section twenty-one, article two, chapter seventeen-a of said code; to amend and reenact sections three, three-a and seventeen, article three of said chapter; to amend and reenact section one, article five of said chapter; to amend and reenact sections three and seven, article two-a, chapter seventeen-d of said code; to further amend said article by adding thereto three new sections, designated sections three-a, three-b and three-c; to amend and reenact section eighteen, article four of said chapter; and to amend and reenact section twelve-a, article seven, chapter twenty of said code, all relating to the division of motor vehicles; modifying the procedure for applications for vehicle registrations and renewals thereof; exempting certain fees from deposit in the state road fund; eliminating the requirement that applications for registration of motor vehicles be signed in ink; eliminating the requirement that proof of payment of personal property taxes accompany application for renewal of vehicle or motorboat registration; changing method of random sample verification of insurance coverage; eliminating the option of posting bond or depositing securities with the state treasurer in lieu of maintaining insurance on vehicles; providing for insurance company reporting as an optional method of verification of insurance coverage; prescribing penalties for violations of company reporting requirements; altering the administrative penalty for certain violations of laws requiring security on vehicles.

Be it enacted by the Legislature of West Virginia:
That sections fifteen and sixteen, article four, chapter seventeen-d of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that article five, chapter eleven of said code be amended by adding thereto two new sections, designated sections three-a and three-b; that section twenty-one, article two, chapter seventeen-a of said code be amended and reenacted; that sections three, three-a and seventeen, article three of said chapter be amended and reenacted; that section one, article five of said chapter be amended and reenacted; that sections three and seven, article two-a, chapter seventeen-d of said code be amended and reenacted; that said article be further amended by adding thereto three new sections, designated sections three-a, three-b and three-c; that section eighteen, article four of said chapter be amended and reenacted; and that section twelve-a, article seven, chapter twenty of said code be amended and reenacted, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 5. ASSESSMENT OF PERSONAL PROPERTY.

§11-5-3a. Tax commissioner to furnish schedule of automobile values; duties of sheriffs and assessors.

The state tax commissioner shall annually compile and furnish to each assessor a schedule of automobile values, based on the lowest values shown in a nationally accepted used car guide. The schedule shall be used by each assessor as a guide in placing the assessed value on each automobile in his or her county.
Each county assessor shall require any person having a duty to make a return of property for taxation to him or her to furnish information identifying each vehicle subject to the registration provisions of chapter seventeen-a. When the property taxes on any vehicle have been paid, the officer to whom the payment was made shall deliver to the person paying the taxes a written or printed receipt for the payment, and shall retain for his or her records a duplicate of the receipt. It is the duty of the assessor and sheriff, respectively, to see that the assessment records and the receipts contain information adequately identifying the vehicle as registered under the provisions of chapter seventeen-a. The officer receiving payment shall sign each receipt in his or her own handwriting.
Each receipt given to a taxpayer for payment of personal property taxes on a vehicle may indicate on the receipt whether the taxpayer has paid all emergency ambulance fees owed pursuant to section seventeen, article fifteen, chapter seven of this code at the time the receipt is prepared, except for any of the fees that are not yet past due: Provided, That each county shall include on the same notice of personal property taxes due the additional amount due for all emergency ambulance fees.

§11-5-3b. Tax commissioner to furnish schedule of motorboat values; duties of sheriffs and assessors.

The assessor shall require any person having a duty to make a return of property for taxation to him or her to furnish information identifying each motorboat subject to the numbering provisions of article seven, chapter twenty of this code. When the property taxes on the motorboat have been paid, the officer to whom the payment was made shall deliver to the person paying the taxes a written or printed receipt therefor, and shall retain for his or her records a duplicate of the receipt. The assessor and sheriff, respectively, shall see that the assessment records and the receipts contain information adequately identifying the motorboat as registered under the provisions of article seven, chapter twenty of this code. The officer receiving payment shall sign each receipt in his or her own handwriting.
Each receipt given to a taxpayer for payment of personal property taxes on a vehicle may indicate on the receipt whether the taxpayer has paid all emergency ambulance fees owed pursuant to section seventeen, article fifteen, chapter seven of this code at the time the receipt is prepared, except for any of the fees that are not yet past due: Provided, That each county shall include on the same notice of personal property taxes due the additional amount due for all emergency ambulance fees.
The state tax commissioner shall annually compile a schedule of motorboat values, based on the lowest values shown in a nationally accepted used motorboat guide, which schedule shall be furnished to each assessor and shall be used by him or her as a guide in placing the assessed values on all motorboats in his or her county.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 2. DIVISION OF MOTOR VEHICLES.

§17A-2-21. Payment of revenue collected to state treasurer for credit to state road fund; certain electronic commerce fees exempt.

Taxes and fees imposed and collected under the provisions of this chapter shall be paid to the state treasurer in the manner provided by law, and credited to the state road fund: Provided, That any additional fee charged by a vendor selected by the treasurer for the operation of an e-commerce system that is utilized by the division for the acceptance of payments of any fee or tax required by the provisions of this chapter shall be exempt from the provisions of this section.

ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.

§17A-3-3. Application for registration; statement of insurance; criminal penalties; fees; special revolving fund.
Every owner of a vehicle subject to registration under this article shall make application to the division for the registration of the vehicle upon the appropriate form or forms furnished by the division and every such application shall bear the signature of the owner or his or her authorized agent, written with pen and ink, and in such manner as the commissioner may require. At a minimum, the application shall contain include:
(a) The name, bona fide residence and mailing address of the owner, the county in which he or she resides, or business address of the owner if a firm, association or corporation.
(b) A description of the vehicle including, insofar as the data specified in this section may exist with respect to a given vehicle, the make, model, type of body, the manufacturer's serial or identification number or other number as determined by the commissioner.
(c) In the event With respect to a motor vehicle is designed, constructed, converted or rebuilt for the transportation of property: the application shall include
(1) A statement of its declared gross weight if the motor vehicle is to be used alone; or
(2) If the motor vehicle is to be used in combination with other vehicles, the application for registration of the motor vehicle shall include a statement of: (i) the combined declared gross weight of the motor vehicle and the vehicles to be drawn by the motor vehicle; declared gross weight being the weight declared by the owner to be The actual combined weight of the vehicle or combination of vehicles and load when carrying the maximum load which that the owner intends to place on the vehicle; and (ii) the application for registration of each vehicle shall also include a statement of the distance between the first and last axles of that vehicle or combination of vehicles: Provided, That the declared gross weight stated in the application shall not exceed the permissible gross weight for the axle spacing listed in the application as determined by the table of permissible gross weights contained in chapter seventeen-c of this code, and any vehicle registered for a declared gross weight as stated in the application is subject to the single-axle load limit set forth in chapter seventeen-c of this code.
(d) Each applicant shall state A statement with regard to whether the vehicle is or is not to be used in the public transportation of passengers or property or both, for compensation, and if used for compensation, or to be used, the applicants shall certify that the vehicle is used for compensation, and shall, as a condition precedent to the registration of such vehicle, obtain so, whether the owner has obtained a certificate of convenience, or permit from the public service commission.
(e) A statement under penalty of false swearing that liability insurance is in effect and will continue to be in effect through the entire term of the vehicle registration period and that such insurance will be within limits which shall be no less than the requirement of section two, article four, chapter seventeen-d of this code, which shall contain the name of the applicant's insurer, the name of the agent or agency which issued the policy, and the effective date of the policy, and such other information as may be required by the commissioner of motor vehicles or that the applicant has qualified as a self-insurer meeting the requirements of section two, article six, chapter seventeen-d of the code and that as a self-insurer he or she has complied with the minimum security requirements as established in section two, article four, chapter seventeen-d: or that the applicant has submitted bond or other security approved by the commissioner of motor vehicles which shall provide the equivalent of the policy of insurance specified in this section, or that the applicant has submitted the required cash or other securities with the state treasurer as set forth in the provisions of section sixteen, article four, chapter seventeen-d of this code.
(1) Intentional lapses of insurance coverage.
(A) In Provided, That in the case of a periodic use or seasonal vehicle, as defined in section three, article two-a, chapter seventeen-d of this code, the owner may provide, in lieu of other statements required by this section, a statement, under penalty of false swearing, that liability insurance is in effect during the portion of the year the vehicle is in actual use, within limits which shall be no less than the requirements of section two, article four, chapter seventeen-d of this code, and other information relating to the seasonal use, on a form designed and provided by the division.
(B) Any registrant who prior to expiration of his or her vehicle registration drops or cancels insurance coverage for any reason other than periodic or seasonal use shall either surrender the registration plate or shall, by certified mail, notify the division of the cancellation. The notice shall contain a statement under penalty of false swearing that the vehicle will not be operated on the roads or highways of this state.
(C) The registration of any vehicle upon which insurance coverage has been dropped or canceled under paragraph (B) shall be reinstated upon submission of current proof of insurance and payment of the duplicate plate fee prescribed by this chapter.
(2) Verification process.
The division shall select no fewer than one percent of the total number of motor vehicles registered annually for a random sample verification of current insurance coverage. The division may also select an owners statement of insurance submitted at the time of registration or registration renewal for verification.
Random sample verification of current insurance coverage shall be conducted on a monthly basis. The basis for each sample shall be the entire registered motor vehicle base. The selection of a registration for random sample verification shall not preclude the registration from being selected again in any subsequent month. The division shall notify the registrant by regular mail that he or she has twenty days to provide the division with proof of insurance indicating current insurance coverage on the indicated vehicle as of the date of the notice. The information shall be verified with the indicated insurance company as provided in this section or in the case of a verification of the original owner's statement of insurance, proof of insurance as of the date of submission of the owner's statement.
When a statement or registration is selected for verification, the division shall forward the information provided by the registrant to the listed insurer. The insurer shall notify the division, on a form required by the commissioner, within twenty calendar days if the liability insurance is or is not in effect, as required by this section.
The division may select for verification any statement of liability insurance submitted by a person who has previously been convicted or whose registration or driver's license has been suspended for violating the provisions of section three, article two-a, chapter seventeen-d of this code, or whose statements of liability insurance have previously been found to be incorrect. The division may also determine the correctness of information relating to proof of other security satisfying the requirements of this section.
Following the twenty-day period, if the registrant has not responded, or the division determines through the verification process with the insurance company that there is or was no liability insurance in effect, and the registrant has not complied with the provisions of intentional lapse of insurance, then the commissioner shall send a notice of pending suspension of the motor vehicle registration and the suspension of the owner or owner's driver's license to the registrant by certified mail. The notice of pending suspension shall grant the registrant an additional twenty days from the date of the mailing to provide current proof of insurance as of the original notice date or other requested information to the commissioner. Following this additional twenty-day period, if the registrant fails to provide proof of current insurance coverage as of the date of the original notice, an order of suspension shall be directed to the superintendent by the commissioner as provided in section seven, article nine of this chapter.
The commissioner shall suspend the motor vehicle registration until current proof of insurance is received and shall suspend the driver's license of the owner or owners of the motor vehicle for a period of ninety days: Provided, That whenever the commissioner determines that the vehicle was actually insured despite the receipt of a notice from the insurer, or the license plate was surrendered to the division upon cancellation of coverage or that the registrant complied with the intentional lapse of coverage notice provisions, the suspension shall be withdrawn and any fees collected by the state shall be returned.
Upon the timely written request of a person whose vehicle registration or driver's license is suspended under the provisions of this section, the commissioner shall stay the suspension, and afford the person an opportunity to be heard. The written request must be filed with the commissioner in person or by registered or certified mail, return receipt requested, within ten days after receipt of a copy of the order of suspension.
If the commissioner finds that the person whose vehicle registration or driver's license was suspended was not in violation of the provisions of this section, the commissioner shall rescind his or her earlier order of suspension.
A copy of the commissioner's order made and entered following the hearing shall be served on the person by registered or certified mail, return receipt requested. During the pendency of any hearing, the revocation of the person's license to operate a motor vehicle in this state shall be stayed. If the commissioner shall, after hearing, make and enter an order affirming the commissioner's earlier order of revocation, the person shall be entitled to judicial review as set forth in chapter twenty-nine-a of this code. The commissioner shall not stay enforcement of the order during the appeal. Pending the appeal, the court may grant a stay or supersedeas of the order only upon motion and hearing, and a finding by the court upon the evidence presented, that there is a substantial probability that the appellant shall prevail upon the merits, and the appellant will suffer irreparable harm if the order is not stayed: Provided, That in no event shall the stay or supersedeas of the order exceed thirty days.
(3) (f) If any person making an application required under the provisions of this section, in the application knowingly provides false information, false proof of security or a false statement of insurance, or if any person, including an applicant's insurance agent, knowingly counsels, advises, aids or abets another in providing false information, false proof of security, or a false statement of insurance in the application, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars, or be imprisoned in the county or regional jail for a period not to exceed fifteen days, or both, fined and imprisoned and in addition to the fine or imprisonment shall have his or her operator's or chauffeur's driver's license and vehicle registration suspended for a period of six months: Provided, That if a motor vehicle is registered in more than one name, the driver's license of only one of the owners shall be suspended by the commissioner.
(f) (g) Any further information as may reasonably be required by the division to enable it to determine whether the vehicle is lawfully entitled to registration.
(g) (h) Each such application for registration shall be accompanied by the fees provided in this article, and an additional fee of fifty cents for each motor vehicle for which the applicant seeks registration, the fee to be deposited in a special revolving fund for the operation by the division of its functions established by the provisions of article two-a, chapter seventeen-d of this code.

§17A-3-3a. Payment of personal property taxes and emergency ambulance fees prerequisite to registration or renewal; duties of assessors; schedule of automobile values.

(a) Certificates of registration and renewal of registration of any vehicle or registration plates for any vehicle may not be issued or furnished by the division of motor vehicles, or any other officer charged with the duty, unless the applicant for the certificate or registration plate, except an applicant exempt from payment of registration fees under section eight, article ten of this chapter, has furnished the receipt provided for in this section to show full payment of:
(1)(A) The personal property taxes for the calendar year which immediately precedes the calendar year in which application is made on all vehicles which were registered with the division of motor vehicles in the applicant's name on the tax day for the former calendar year; and
(B) All emergency ambulance fees owed pursuant to section seventeen, article fifteen, chapter seven of this code, at the time the receipt is prepared, except for any of the fees that are not yet past due: Provided, That any county which does not impose emergency ambulance fees or which chooses not to show emergency ambulance fees on the personal property tax receipt may issue a receipt without complying with paragraph (B), subdivision (1) of this subsection and the commissioner of motor vehicles may issue or renew registration without regard to such fees.
(2)(A) When an applicant has chosen the optional two-year registration system provided for in section sixteen of this article, the personal property taxes for the two calendar years immediately preceding the calendar year in which application is made on all vehicles which were registered with the division of motor vehicles in the applicant's name on the tax day for the former calendar year; and (B) all emergency ambulance fees owed pursuant to section seventeen, article fifteen, chapter seven of this code, at the time the receipt is prepared, except for any of the fees that are not yet past due: Provided, That any county which does not impose emergency ambulance fees or which chooses not to show emergency ambulance fees on the personal property tax receipt may issue a receipt without complying with paragraph (B), subdivision (1) of this subsection and the commissioner of motor vehicles may issue or renew registration without regard to such fees.
(b) If the applicant contends that any registered vehicle was not subject to personal property taxation for that year or that he or she does not owe any emergency ambulance fees if a receipt for fees are required by the county, he or she shall furnish the information and evidence as the commissioner of motor vehicles may require to substantiate his or her contention.
(c) The assessor shall require any person having a duty to make a return of property for taxation to him or her to furnish information identifying each vehicle subject to the registration provisions of this chapter. When the property taxes on any vehicle have been paid, the officer to whom the payment was made shall deliver to the person paying the taxes a written or printed receipt for the payment and shall retain for his or her records a duplicate of the receipt. It is the duty of the assessor and sheriff, respectively, to see that the assessment records and the receipts contain information adequately identifying the vehicle as registered under the provisions of this chapter. The officer receiving payment shall sign each receipt in his or her own handwriting.
(d) Each receipt given to a taxpayer for payment of personal property taxes on a vehicle may indicate on the receipt whether the taxpayer has paid all emergency ambulance fees owed pursuant to section seventeen, article fifteen, chapter seven of this code at the time the receipt is prepared, except for any of the fees that are not yet past due: Provided, That each county shall include on the same notice of personal property taxes due the additional amount due for all emergency ambulance fees.
(e) The state tax commissioner shall annually compile a schedule of automobile values, based on the lowest values shown in a nationally accepted used car guide. The state tax commissioner shall furnish the schedule to each assessor and it shall be used by him or her as a guide in placing the assessed values on all automobiles in his or her county.
(c) Effective the first day of July, two thousand four, the division of motor vehicles or any other officer or entity charged with the duty of renewing vehicle registration shall not require any applicant for renewal of a vehicle registration to furnish a paper receipt showing full payment of personal property taxes or if applicable, emergency ambulance fees as a precondition for renewal of vehicle registration.

§17A-3-17. Application for and renewal of registration; sheriffs authorized to issue renewals of registration for certain vehicles; electronic verification of personal property tax payment.

(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
(c) The division, in cooperation with the governor's office of technology, department of tax and revenue, the office of the auditor and associations representing sheriffs and assessors may develop an automated electronic system to link various personal property tax data bases to verify full payment of personal property taxes and if applicable, payment of emergency ambulance fees. Such system at minimum will prevent the renewal of the registration of vehicles titled in the name of persons who are delinquent in payment of personal property taxes or if applicable payment of emergency ambulance fees until the vehicle owner pays to the sheriff, all delinquent taxes, fees and any penalty fees.
(c) (d) 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 and 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) (e) 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 division. 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) (f) 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.
ARTICLE 5. PERMITS TO NONRESIDENT OWNERS.

§17A-5-1. Exemptions from registration of nonresident owners; special permit and certificate in lieu of registration for nonresidents maintaining temporary and recurrent or seasonal residence in state.

(a) A nonresident owner, except as otherwise provided in this section, owning any vehicle registered in a foreign state or country of a Class A type otherwise subject to registration hereunder may operate or permit the operation of such vehicle within this state for a period of thirty days without registering such vehicle in, or paying any fees to, this state subject to the condition that such vehicle at all times when operated in this state is duly registered in and displays upon it a valid registration card and registration plate or plates issued for such vehicle in the place of residence of such owner and that such vehicle is not operated for commercial purposes.
(b) Every nonresident, including any foreign corporation, carrying on business within this state and owning and regularly operating in such business any motor vehicle, trailer or semitrailer or mobile equipment as defined in section one, article one, chapter seventeen-a of this code, within this state, shall be required to register each such vehicle and pay the same fee therefor as is required with reference to like vehicles owned by residents of this state, except as otherwise provided by reciprocal agreements with other states accomplished pursuant to sections ten and ten-a and, article two of this chapter.
(c) Any nonresident who accepts or engages in temporary and recurrent or seasonal employment, business, profession or occupation in this state and maintains temporary and recurrent or seasonal residence in this state in connection with such employment, business, profession or occupation, and any nonresident, including any corporation carrying on business of a temporary and recurrent or seasonal nature in this state and owning and temporarily and recurrently or seasonally operating in such business any motor vehicle, trailer or semitrailer or mobile equipment as defined in section one, article one, chapter seventeen-a of this code, within this state, may operate or permit the operation of such vehicle within this state without causing said vehicle to be registered as otherwise required by article three of this chapter: Provided, That such nonresident, in lieu of registration of such vehicle, shall make application to the division and receive a special permit for such vehicle which shall be evidenced by a metal identification plate and certificate in writing, which special permit plate and certificate shall together identify the vehicle for which such special permit and plate shall issue and such certificate shall bear the name and address of the owner of such vehicle. Such special permit shall be issued without previous certification of title to such vehicle as otherwise required by article three of this chapter or the provisions of subsection (b) of this section:
(1) Every owner of a vehicle for which such special permit is desired shall make a verified application to the division for such special permit upon the appropriate form or forms furnished by the division and shall bear the signature of the owner written with pen and ink and in such manner as the commissioner may require, and such application shall contain the character of information called for by section three, article three of this chapter, a description of the employment, residence, business and location of such business set forth in such manner as to show the temporary and recurrent or seasonal nature of such residence, employment, business, profession or occupation, and that such vehicle is duly registered in the state of residence of such owner. There shall be an application for each vehicle for which a special permit is desired.
(2) Any special permit or plate issued by the division under this section shall be effective and valid for a period of sixty consecutive days from and including the date of issuance and, upon similar application by the owner, the commissioner may renew any such special permit for immediately ensuing similar period or periods of sixty days in any fiscal year. The division shall charge a fee of fifty dollars for each special permit issued under this section:
(A) A special permit shall be issued for one vehicle only and no combination of two or more vehicles shall be operated under fewer special permits than the number of vehicles in such combination. A special permit shall not be issued for any vehicle which is not duly registered in the state of residence of the owner thereof.
(B) The registration plate issued for such vehicle by the state of residence of the owner shall not be displayed on such vehicle while being operated over any highway during any period for which a special permit shall have been issued for such vehicle under this section, but there shall be carried in such vehicle the certificate of registration issued for such vehicle by the state of residence of such owner.
(C) Any owner of any vehicle making application to operate such vehicle upon the highways of this state pursuant to the provisions of this article shall also be required to comply with the provisions of chapter seventeen-d of this code prior to commencing such operation.
(3) The commissioner shall prescribe the substance, form, color and context of the certificate or special permit and the special permit plate, each of which shall be visually distinguishable from the certificates of registration and registration plates issued under article three of this chapter.
(4) It is a misdemeanor for any person to drive or move or knowingly to permit to be moved or driven upon any highway any vehicle for which a special permit shall have been issued under this section unless such vehicle shall bear the special plate called for by the certificate evidencing such special permit.
(5) When the employment, business, profession, occupation or residence of the owner of a vehicle for which such special permit shall have been issued shall cease to be temporary and recurrent or seasonal, any special permit issued for such vehicle pursuant to this section shall immediately terminate and become void and such vehicle shall thereupon become subject to registration under article three of this chapter or the provisions of subsection (b) of this section.
(6) Any special permit issued pursuant to this section shall be valid and effective on and after the first day of a month; that is, such special permit issued between the first and fifteenth days of a month shall be effective during sixty consecutive days from and including the first day of the month in which the permit shall issue; and a special permit issued after the fifteenth day of any month shall be effective during sixty consecutive days commencing with and including the first day of the month next following the month in which such special permit shall be issued.
(d) Any other provision of this section notwithstanding, any nonresident referred to in subsection (c) of this section who is engaged by a public utility, as the latter is defined in chapter twenty-four of this code, for the exclusive purpose of restoring the service of said utility as a result of an emergency in which such service is affected shall be permitted to operate such motor vehicle, trailer or semitrailer or mobile equipment as defined in section one, article one, chapter seventeen-a of this code, within this state, without causing said motor vehicle, trailer or semitrailer or mobile equipment as defined in section one, article one, chapter seventeen-a of this code to be registered as otherwise provided by this section and article three of this chapter for the period actually necessary for such restoration but not to exceed a period of ten consecutive days: Provided, That said motor vehicle, trailer or semitrailer or mobile equipment shall be registered in another state upon entry into this state. The provisions of this subsection shall not affect the requirements of reciprocal agreements with other states accomplished pursuant to sections ten and ten-a, article two of this chapter.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-3. Required security; exceptions.
Every owner or registrant of a motor vehicle required to be registered and licensed in this state shall maintain security as hereinafter provided in effect continuously throughout the registration or licensing period except in case of a periodic use or seasonal vehicle, in which case the owner or registrant is required to maintain security upon the vehicle only for the portion of the year the vehicle is in actual use. As used in this section, a periodic use or seasonal vehicle means a recreational vehicle, antique motor vehicle, motorcycle or other motor vehicle which is stored part of the year and used seasonally.
Every nonresident owner or registrant of a motor vehicle, which is operated upon any road or highway of this state, and which has been physically present within this state for more than thirty days during the preceding three hundred sixty-five days, shall thereafter maintain security as hereinafter provided in effect continuously throughout the period such motor vehicle remains within this state.
No person shall knowingly drive or operate upon any road or highway in this state any motor vehicle upon which security is required by the provisions of this article unless such security is in effect. Such security shall be provided by one of the following methods:
(a) By an insurance policy delivered or issued for the delivery in this state by an insurance company authorized to issue vehicle liability and property insurance policies in this state within limits which shall be no less than the requirements of section two, article four, chapter seventeen-d of this code; or
(b) By any other method approved by the commissioner of the department division of motor vehicles of this state as affording security equivalent to that offered by a policy of insurance, including qualification as a self-insurer under the provisions of section two, article six, chapter seventeen-d. ; or
(c) By depositing with the state treasurer such cash or other securities in the manner set forth in section sixteen, article four, chapter seventeen-d of this code
The requirements of this section apply to every registered and licensed vehicle upon the next application for renewal of license following the effective date of this section: Provided, That this article shall not apply to any motor vehicle owned by the state or by a political subdivision of this state, nor to any motor vehicle owned by the federal government.

§17D-2A-3a. Voluntary cancellation of insurance; reinstatement of registration.

(a) Any registrant who, prior to expiration of his or her vehicle registration, drops or cancels insurance coverage for any reason other than periodic or seasonal use, shall either surrender the registration plate or notify the division by certified mail of the cancellation, which notice shall contain a statement under penalty of false swearing that the vehicle will not be operated on the roads or highways of this state.
(b) The registration of any vehicle upon which insurance coverage has been dropped or canceled under subsection (a) shall be reinstated upon submission of current proof of insurance and payment of the duplicate plate fee prescribed by section eleven, article ten of chapter seventeen-a.
§17D-2A-3b. Verification of insurance coverage by random sampling.
(a) The commissioner may select for verification of insurance coverage the motor vehicle registration of any person who within the last five years:
(1) Has had his or her vehicle registration or drivers' license suspended or revoked;
(2) Has previously been convicted of or whose registration or driver's license has been suspended for violating the provisions of section three, article two-a, of this chapter; or
(3) Whose statements of liability insurance have previously been found to be incorrect.
The division may also determine the correctness of information relating to proof of other security. The selection of a registration shall not preclude that same registration from being selected again in any subsequent month.
(b) The division shall notify the registrant by regular mail that he or she has twenty days to provide the division with proof of insurance indicating current insurance coverage.
(c) The division shall forward the information provided by the registrant to the listed insurer. The insurer shall notify the division, on a form required by the commissioner, within twenty calendar days if the liability insurance is or is not in effect, as required by this section.
(d) The commissioner shall suspend the motor vehicle registration until current proof of insurance is received and shall suspend the driver's license of the motor vehicle owner for a period of thirty days if the commissioner determines through the verification process that there is or was no liability insurance in effect and the registrant has not complied with the provisions of intentional lapse of insurance or if the registrant has not responded. If a motor vehicle is registered in more than one name, the driver's license of only one of the owners shall be suspended by the commissioner.
(d) Whenever the commissioner determines that the vehicle was actually insured despite the receipt of a notice from the insurer, or the license plate was surrendered to the division upon cancellation of coverage or that the registrant complied with the intentional lapse of coverage notice provisions, the suspension shall be withdrawn and any fees collected by the state shall be returned.
(e) No person shall have his or her driver's license or motor vehicle registration suspended or revoked under any provisions of this section unless he or she shall first be given written notice of such suspension or revocation sent by certified mail, at least twenty days prior to the effective date of such suspension or revocation.
(f) Upon the timely written request of a person whose vehicle registration or driver's license is suspended under the provisions of this section, the commissioner shall stay the suspension, and afford the person an opportunity to be heard. The written request must be filed with the commissioner in person or by registered or certified mail, return receipt requested, within ten days after receipt of a copy of the order of suspension. If the commissioner finds that the person whose vehicle registration or driver's license was suspended was not in violation of the provisions of this section, the commissioner shall rescind his or her earlier order of suspension.
(g) A copy of the commissioner's order made and entered following the hearing shall be served on the person by registered or certified mail, return receipt requested. During the pendency of any hearing, the revocation of the person's license to operate a motor vehicle in this state shall be stayed. If the commissioner shall, after hearing, make and enter an order affirming the commissioner's earlier order of revocation, the person shall be entitled to judicial review as set forth in chapter twenty-nine-a of this code. The commissioner shall not stay enforcement of the order during the appeal. Pending the appeal, the court may grant a stay or supersedeas of the order upon a finding by the court that there is a substantial probability that the appellant will prevail upon the merits and that he or she will suffer irreparable harm if the order is not stayed.
(h) If any person who in responding to any notice received from the commissioner under this section knowingly provides false information, false proof of security or a false statement of insurance, or if any person, including a registrant's insurance agent, knowingly counsels, advises, aids or abets another in providing false information or false proof of security, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars, or be imprisoned for a period not to exceed fifteen days, or both, and in addition to the fine or imprisonment shall have his or her driver's license and vehicle registration suspended for a period of six months.
§17D-2A-3c. Insurance company reporting; procedure whenever lack of coverage is suspected; penalties.
If the commissioner determines that a system of requiring insurance companies to electronically submit reports to the division regarding motor vehicle insurance policies in effect can be accomplished in a cost effective manner that will increase the rate of compliance with the requirements of section three of this article, he or she may establish by legislative rule such a reporting system to be used in lieu of the verification procedure established in section three-b of this article, and such system is subject to the following:
(a) Every insurance company providing motor vehicle liability insurance coverage for vehicles registered in this State must provide on a monthly basis a record of each such policy in effect. The commissioner may require that such information be provided through any means of electronic medium approved by the commissioner. The commissioner may also require that such reports require the following:
(1) The name, date of birth, driver's license number of each insured owner or operator, and the address of the named insured;
(2) The make, year, and vehicle identification number of each insured vehicle; and
(3) The policy number, effective date and expiration date of each policy.
(b) The commissioner may assess a penalty of not more than two hundred dollars for each day an insurance company fails to file a report or otherwise fails to comply with any requirement established by any rule promulgated to implement the provisions of this section.
(c) Whenever it appears from the reports submitted in accordance with subsection (a) of this section that a registrant does not have insurance within limits no less than the requirements of section two, article four, chapter seventeen-d of this code, the commissioner shall proceed in the manner set forth in section three-b of this article, and the penalties created in subsection (d) of that section shall apply in the same manner as if the registrant were selected under the random verification process.

§17D-2A-7. Suspension or revocation of license, registration; reinstatement.

(a) Any owner of a motor vehicle, subject to the provisions of this article, who fails to have the required security in effect at the time such vehicle is being operated upon the roads or highways of this state, shall have his or her driver's license suspended by the commissioner of the division of motor vehicles for a period of thirty days and shall have his or her motor vehicle registration revoked until such time as he or she shall present to the division of motor vehicles the proof of security required by this article: Provided, That if a motor vehicle is registered in more than one name, the driver's license of only one of the owners shall be suspended by the commissioner.
(b) Any person who knowingly operates a motor vehicle upon the roads or highways of this state, which does not have the security required by the provisions of this article, shall have his or her driver's license suspended by the commissioner for a period of thirty days.
(c) A person's driver's license shall be suspended for a period of thirty days if the person is operating a motor vehicle designated for off highway use upon the roads and highways of this state without the required security in effect. if the motor vehicle is not properly registered and licensed, or if the required security was canceled
(d) The commissioner may withdraw a suspension of a driver's license provided that the commissioner is satisfied that there was not a violation of the provisions of required security related to operation of a motor vehicle upon the roads or highways of this state by such person. The commissioner may request additional information as needed in order to make such determination. (e) No person shall have his or her driver's license or motor vehicle registration suspended or revoked under any provisions of this section unless he or she shall first be given written notice of such suspension or revocation sent by certified mail, at least twenty days prior to the effective date of such suspension or revocation, and upon such person's written request, sent by certified mail, he or she shall be afforded an opportunity for a hearing thereupon as well as a stay of the commissioner's order of suspension or revocation and an opportunity for judicial review of such hearing. Upon affirmation of the commissioner's order, the period of suspension or revocation shall commence to run.
(f) Such suspended driver's license shall be reinstated following the period of suspension upon compliance with the conditions set forth in this article and such revoked motor vehicle registration shall be reissued only upon lawful compliance with the provisions of this article.
(g) If a violation of this section or section three-b, three-c or five of this article occurs within five years of a previous suspension of the commissioner has previously suspended the person's driver's license under the provisions of this section or section three-b, section three-c or section five of this article, the period of suspension shall be for a period of ninety days.
ARTICLE 4. PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE.
§17D-4-18. Substitution of proof.
The commissioner shall consent to the cancellation of any bond or certificate of insurance or the commissioner shall direct and the state treasurer shall return any money or securities to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-12a. Payment of personal property taxes prerequisite to application for certificate or renewal of number; duties of assessors; schedule of motorboat values Division of motor vehicles authorized to establish system of electronic verification of personal property tax payment.
Certificates of number and renewals therefor shall not be issued or furnished by the division of motor vehicles, or any other officer charged with the duty, unless the applicant therefor furnishes the receipt hereinafter provided to show full payment of the personal property taxes for the calendar year which immediately precedes the calendar year in which application is made on all motorboats which were listed with the division of motor vehicles in the applicant's name on the tax day for the former calendar year. If the applicant contends that any motorboat so listed was not subject to personal property taxation for that year, he or she shall furnish the information and evidence as the commissioner of motor vehicles may require to substantiate his or her contention. The assessor shall require any person having a duty to make a return of property for taxation to him or her to furnish information identifying each motorboat subject to the numbering provisions of this article. When the property taxes on the motorboat have been paid, the officer to whom the payment was made shall deliver to the person paying the taxes a written or printed receipt therefor, and shall retain for his or her records a duplicate of the receipt. The assessor and sheriff, respectively, shall see that the assessment records and the receipts contain information adequately identifying the motorboat as registered under the provisions of this article. The officer receiving payment shall sign each receipt in his or her own handwriting.
The assessors shall commence their duties hereunder during the tax year one thousand nine hundred eighty-nine and the division of motor vehicles shall commence its duties hereunder as of the first day of January, one thousand nine hundred ninety.
The state tax commissioner shall annually compile a schedule of motorboat values, based on the lowest values shown in a nationally accepted used motorboat guide, which schedule shall be furnished to each assessor and shall be used by him or her as a guide in placing the assessed values on all motorboats in his or her county.
The division, in cooperation with the governor's office of technology, department of tax and revenue, the office of the auditor and associations representing sheriffs and assessors may develop an automated electronic system to link various personal property tax payment data bases to verify full payment of personal property taxes and if applicable, payment of emergency ambulance fees. Such system at minimum will prevent the renewal of the registration of vehicles titled or owned in the name of persons who are delinquent in payment of personal property taxes or if applicable payment of emergency ambulance fees until the vehicle owner pays all delinquent taxes, fees and penalty fees.

NOTE: The purpose of this bill is to allow motor vehicle registrants to renew vehicle registrations by Internet and phone. In order to facilitate the electronic renewal process, the bill eliminates the requirement for registrants to provide paper proof of payment of personal property taxes at the time of application as of July 1, 2004. The Division of Motor Vehicles is given the authority to establish an electronic alternative method to verify payment of personal property taxes on behalf of the counties. The bill also provides for a vehicle owner acknowledgment under penalty of law that insurance is in effect and will remain in effect for the term of the vehicle renewal. The division is given discretion to determine methods of verifying motor vehicle insurance coverage through random sample verification of persons who have previously been suspended, revoked or convicted of motor vehicle related offenses or establish an electronic system of matching insurance company information with motor vehicle registration records to determine compliance with compulsory insurance laws.

The bill makes other changes to the Code to facilitate e-commerce.

§§11-5-3a and 3b are new; therefore, strike-throughs and underscoring have been omitted.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§§17D-2A-3a, 3b and 3c are new; therefore, strike-throughs and underscoring have been omitted.