H. B. 2460
(By Delegates Manuel, Spencer,
Fleischauer, Schadler and Smirl)
[Introduced January 20, 2003; 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, 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 three, provide each all-terrain vehicle owner
who obtains a title, an identification number certificate and an
identification device as considered 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 the vehicle is properly titled in the name of the owner,
shall, on or after the first day of October, two thousand three,
but before the first day of October, two thousand four, 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 four, 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 four,
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 moneys 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 moneys
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 moneys are returned to the local areas of the state
from which these moneys 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 (b) of this section.
(b) The privilege tax collected pursuant to section one of
this article is to be deposited into an all-terrain vehicle trails
development administration fund. This fund shall be administered
through the secretary of transportation as provided in this
section. It 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 and that
registration and a vehicle identification device be issued for each
all-terrain vehicle. The bill would also dedicate proceeds from
the privilege tax collected under §17A-24-1 for all-terrain
vehicles to the state recreational trails development fund to be
used to develop public trails throughout the state.
This article is new; therefore, strike-throughs and
underscoring have been omitted.