Senate Bill No. 508

(By Senators Bowman, McCabe, Jenkins, Plymale, McKenzie, Unger and Foster)

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[Introduced February 8, 2007; referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17F-2-1, §17F-2-2, §17F-2-3, §17F-2-4, §17F-2-5, §17F-2-6, §17F-2-7, §17F-2-8, §17F-2-9, §17F-2-10, §17F-2-11, §17F-2-12 and §17F-2-13, all relating to regulating all-terrain vehicles; requiring dealers to collect privilege tax; issuing a permit card and identification on titled and nontitled all-terrain vehicles; updating definitions; describing permit application; transferring ownership of titled and nontitled all-terrain vehicles; creating a special revenue account; providing an application fee; transferring information to the assessor; creating a nonresident temporary-use permit; and providing penalties.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §17F-2-1, §17F-2-2, §17F-2-3, §17F-2-4, §17F-2-5, §17F-2-6, §17F-2-7, §17F-2-8, §17F-2-9, §17F-2-10, §17F-2-11, §17F-2-12 and §17F-2-13, all to read as follows:
ARTICLE 2. IDENTIFICATION OF ALL-TERRAIN VEHICLES.
§17F-2-1. Requirements to operate an all-terrain vehicle.
On the first day of October, two thousand eight, it is unlawful for any person to own or operate an all-terrain vehicle in this state, unless an off-road permit card is carried by the operator and the prescribed off-road identification is properly displayed on the vehicle as designated by the Division of Motor Vehicles.
§17F-2-2. Privilege tax; temporary ownership certificate.
(a) At the time of sale, the dealer shall collect the privilege tax, as described in section four, article three, chapter seventeen-a, from the purchaser of an all-terrain vehicle.
(b) Upon receiving the privilege tax and all other fees required by this article, the dealer shall issue a temporary ownership certificate to the purchaser.
(c) The division shall provide temporary ownership certificates to dealers, to be issued to purchasers of all-terrain vehicles. The dealer must apply to the division and pay three dollars for each temporary ownership certificate.
(d) A temporary ownership certificate expires upon receipt of the off-road permit card and the off-road identification or sixty days from the date of issuance, whichever occurs first.
(e) It is unlawful for any dealer to issue any temporary ownership certificate knowingly containing any misstatement of fact or knowingly insert any false information on the face of the temporary ownership certificate.
§17F-2-3. Issuance of off-road permit card and off-road identification to a titled all-terrain vehicle.

(a) On and after the first day of October, two thousand seven, an owner of an all-terrain vehicle titled in his or her name shall apply to the division and pay the application fee required by this article for an off-road permit card and off-road identification.
(b) The division shall, upon proper application and collection of the application fee, issue to the all-terrain vehicle owner an off-road permit card.
(c) After approval of proper application and payment of a five dollar fee, the division may issue duplicate off-road permit cards and off-road identifications.
§17F-2-4. Issuance of off-road permit card and off-road identification to a nontitled all-terrain vehicle.

(a) On or after the first day of October, two thousand seven, but before the first day of October, two thousand eight, an all-terrain vehicle owner without a title shall apply to the division and pay the application fee for an off-road permit card and off- road identification.
(b) 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 and payment of the application fee, issue to the all-terrain vehicle owner an off-road permit card and off-road identification.
(c) After approval of proper application and payment of a five dollar fee, the division may issue duplicate off-road permit cards and off-road identification.
§17F-2-5. Off-road permit application.
(a) The division shall prescribe the form and content of the application for the off-road permit, which shall include, but is not limited to:
(1) A complete description of the all-terrain vehicle;
(2) A manufacturer's identification serial number; and
(3) The name and address of the all-terrain vehicle owner.
(b) The division may require that the manufacturer's identification serial number be verified by a law-enforcement officer.
§17F-2-6. Transfer of ownership of a titled all-terrain vehicle.
(a) Upon the transfer of ownership of a titled all-terrain vehicle, the seller shall assign his or her interest in the all-terrain vehicle on the reverse side of the certificate of title to the purchaser.
(b) Within sixty days of purchase, the purchaser shall apply to the division for a new certificate of title and a new off-road permit and off-road identification. After paying the privilege tax and the application fee required in this article, the division may provide to the purchaser a new off-road permit and off-road identification.
(c) The off-road permit card and the off-road identification are not transferable.
§17F-2-7. Transfer of ownership of a nontitled all-terrain vehicle.

(a) Upon the transfer of ownership on or after the first day of October, two thousand seven, of any all-terrain vehicle which is not titled, the purchaser shall, within sixty days of purchase:
(1) Complete a statement of ownership;
(2) A seller's affidavit;
(3) Obtain a verification of the manufacturer's identification serial number;
(4) Apply to the division for a certificate of title and a new off-road permit and off-road identification;
(5) Pay the privilege tax; and
(6) Pay the application fee required in this article.
(b) After the division verifies the information required by subsection (a), the division shall issue a new off-road permit and off-road identification.
§17F-2-8. Display of off-road identification.
(a) The owner shall attach the off-road identification to the all-terrain vehicle in a clearly visible manner as prescribed by the division.
(b) The owner shall maintain the off-road identification in legible condition while riding on the road.
§17F-2-9. Special revenue account.
(a) There is hereby created a separate special revenue fund in the State Treasury designated the "All-Terrain Vehicle Permit Fund". All moneys collected by section ten of this article shall be deposited into this account. The division shall use the moneys collected in this account for the administration of the permitting system.
(b) In the fiscal year ending the thirtieth day of June, two thousand eight, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature.
§17F-2-10. Off-road permit application fee; expiration.
(a) The off-road permit card application shall be accompanied by an application fee of ten dollars. The fee shall be deposited into the "All-Terrain Vehicle Permit Fund".
(b) The off-road permit card and the off-road identification are valid for the life of the all-terrain vehicle.
(c) The off-road permit card and the off-road identification are not transferable.
§17F-2-11. Information to assessor.
(a) On or before the thirtieth day of August of each year, the Commissioner of the Division of Motor Vehicles shall forward to the assessor of each county a list of the names and addresses of all persons, firms and corporations owning a titled or permitted all-terrain vehicle.
(b) In furnishing this information to each county assessor, the commissioner shall include information on the make and model of the all-terrain vehicle.
§17F-2-12. Nonresident temporary-use permits.
(a) An all-terrain vehicle that is owned by a nonresident may not be operated unless a nonresident temporary-use permit is obtained.
(b) The Division of Motor Vehicles, with the advice of the Division of Natural Resources, shall propose emergency rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to establish a program concerning a nonresident temporary use permit. The program shall comply with the following:
(1) The permit may only be issued for an all-terrain vehicle owned by the resident of another state;
(2) The permit is valid for one year; and
(3) The application form and fee shall be consistent with this article.
§17F-2-13. Criminal penalties.
Any person violating the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two hundred dollars. Upon a second conviction thereof, shall be fined not more than five hundred dollars. Upon a third and subsequent conviction thereof, shall be fined not more than one thousand dollars, or confined in jail not more than six months, or both.


Note: The purpose of this bill is to regulate all-terrain vehicles. Toward this end, the bill includes provisions addressing the following: (1) Requiring dealers to collect the privilege tax; (2) issuing a permit card and identification on titled and nontitled all-terrain vehicles; (3)updating definitions; (4)describing the permit application; transferring ownership of titled and nontitled all-terrain vehicles; (5) creating a special revenue account; (6) providing an application fee; (7) transferring information to the assessor; (8) creating a nonresident temporary-use permit; and, providing criminal penalties.

This article is new; therefore, strike-throughs and underscoring have been omitted.