Adopted by House 3-8-07
SB523 HFIN AM
The Committee on Finance moves to amend the bill on page
ninety-six, section seven, following line twenty-nine, by inserting
the following:
"
If any person willfully fails or refuses to return to the
division the evidences of the registration, title, permit or
license that have been canceled, suspended or revoked, or any
dealer special plates, when obligated so to do as provided in this
section, the commissioner shall immediately notify the
superintendent of the state police who shall, as soon as possible,
secure possession of the evidence of registration, title, permit or
license or any special dealer plates and return it to the division.
The superintendent of the state police shall make a report in
writing to the commissioner, within two weeks after being notified
by the commissioner, as to the result of his or her efforts to
secure the possession and return of the evidences of registration,
title, permit or license, or any dealer special plates.
For each registration, certificate of title, registration
card, registration plate or plates, temporary registration plate or
marker, permit, license certificate or dealer special plate, which
the owner, holder or other person in possession of the
registration, title, permit or license or any special dealer plates
shall have willfully failed or refused, as provided in this
section, to return to the division within ten days from the time that the cancellation, suspension or revocation becomes effective,
and which has been certified to the superintendent of the state
police as specified in this section, the owner or holder shall,
before the registration, title, permit or license or any special
dealer plates may be reinstated, if reinstatement is permitted, in
addition to all other fees and charges, pay a fee of fifteen
dollars, which shall be collected by the division of motor
vehicles, paid into the state treasury and credited to the general
fund to be appropriated to the state police for application in the
enforcement of the road laws.
A total of twenty-five dollars may be collected on each
reinstatement for each vehicle to which any cancellation,
suspension or revocation relates: Provided, That when any motor
vehicle registration is suspended for failure to maintain motor
vehicle liability insurance the reinstatement fee is one hundred
dollars, and if the vehicle owner fails to surrender the vehicle
registration and the orders go to the state police, an additional
fee of fifty dollars shall be required before the motor vehicle
registration may be reinstated. A total of one hundred fifty
dollars may be collected on each reinstatement of any motor vehicle
registration canceled, suspended or revoked for failure to maintain
motor vehicle liability insurance.
ARTICLE 10. FEES FOR REGISTRATION, LICENSING, ETC.
§17A-10-8. Vehicles exempt from payment of registration fees.
The following specified vehicles shall be exempt from the
payment of any registration fees:
(1) Any vehicle owned or operated by the United States
government, the state of West Virginia or any of their political
subdivisions. The proper representative of the United States
government, the state of West Virginia, or any of their political
subdivisions shall make an application for registration for the
vehicle and the registration plate or plates issued for the vehicle
shall be displayed as provided in this chapter;
(2) Any fire vehicle owned or operated by a volunteer fire
department organized for the protection of community property;
(3) Any ambulance or any other emergency rescue vehicle owned
or operated by a nonprofit, charitable organization, and used
exclusively for charitable purposes;
(4) Any vehicle owned by a disabled veteran as defined by the
provisions of Public Law 663 of the 79th Congress of the United
States, or Public Law 187 of the 82nd Congress of the United
States, or Public Law 77 of the 90th Congress of the United States;
except for vehicles used for hire which are owned by disabled
veterans;
(5) Not more than one vehicle owned by a veteran with a
hundred percent total and permanent service-connected disability as
certified by the director of the Department of Veterans' Affairs of
West Virginia and not used for commercial purposes;
(6) Not more than one Class A or Class G vehicle, as defined
in section one of this article, owned by a former prisoner of war
and not used for commercial purposes. For purposes of this
subdivision, the term "prisoner of war" means any member of the armed forces of the United States, including the United States
coast guard and national guard, who was held by any hostile force
with which the United States was actually engaged in armed conflict
during any period of the incarceration; or any person, military or
civilian, assigned to duty on the U.S.S. Pueblo who was captured
by the military forces of North Korea on the twenty-third of
January, one thousand nine hundred sixty-eight, and thereafter held
prisoner; except any person who, at any time, voluntarily,
knowingly and without duress, gave aid to or collaborated with or
in any manner served any such hostile force; and
(7) Not more than one Class A or Class G vehicle, as defined
in section one of this article, owned by a recipient of the
congressional medal of honor and not used for commercial purposes;
and
(8) Vehicles registered in the name of community action
agencies and used exclusively for a Head Start program.";
And the Committee on Finance further amends the enacting
section of the bill to read as follows:
"
That §17A-2-21 and §17A-2-23 of the Code of West Virginia,
1931, as amended, be amended and reenacted; that §17A-3-3 and
§17A-3-14 of said code be amended and reenacted; that §17A-4-10 of
said code be amended and reenacted; that §17A-9-7 of said code be
amended and reenacted; that §17A-10-8 of said code be amended and
reenacted; that §17B-2-7c of said code be amended and reenacted;
that §17C-5A-2a, §17C-5A-3 and §17C-5A-3a of said code be amended
and reenacted; that §17E-1-23 of said code be amended and reenacted; and that §20-7-12 of said code be amended and reenacted,
all to read as follows:
"