Senate Bill No. 523
(By Senators Jenkins and Minard)
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[Introduced February 9, 2007; referred to the Committee on
Finance.]
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A BILL to amend and reenact §17A-2-21 and §17A-2-23 of the Code of
West Virginia, 1931, as amended; to amend and reenact §17A-3-3
and §17A-3-14 of said code; to amend and reenact §17A-4-10 of
said code; to amend and reenact §17A-9-7 of said code; to
amend and reenact §17B-2-7c of said code; to amend and reenact
§17C-5A-2a, §17C-5A-3 and §17C-5A-3a of said code; to amend
and reenact §17E-1-23 of said code; and to amend and reenact
§20-7-2 of said code, all relating to the consolidation and
elimination of certain fees collected by the Division of Motor
Vehicles.
Be it enacted by the Legislature of West Virginia:
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 §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 §20-7-2 of said code be amended and
reenacted, all to read as follows:
ARTICLE 2. DIVISION OF MOTOR VEHICLES.
§17A-2-21. Motor vehicle fees fund.
Effective the first day of July, two thousand seven, there is
hereby created a special revenue account within the State Treasury
to be known as the "Motor Vehicle Fees Fund" which shall consist of
moneys paid into the account in accordance with other provisions of
this code and any additional sums appropriated by the Legislature.
All other 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.
§17A-2-23. Worthless checks tendered for fees and taxes; penalty.
If a check tendered to the Department of Motor Vehicles is
returned to the department unpaid for any reason, there shall be a
penalty of ten dollars to be paid to the department in addition to
the amount due the department. This penalty applies to checks
tendered for any fee or tax authorized to be collected by the
department and is in addition to any other penalties imposed in
this code: Provided, That in the event a specific penalty is set
forth for the nonpayment or late payment of fees and taxes, the penalty set forth in this section applies only to the extent that
such penalty exceeds any specific penalty for nonpayment or late
payment.
The penalty provided in this section shall be used by the
department to defray expenses incurred as a result of receiving
returned checks and shall be in addition to the regular
appropriation made from the state road fund.
§17A-3-3. Application for registration; statement of insurance or
other proof of security to accompany application;
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
the application shall contain:
(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 a motor vehicle is designed, constructed,
converted or rebuilt for the transportation of property, the
application shall include a statement of its declared gross weight
if the motor vehicle is to be used alone, or 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
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 the owner intends to place on the
vehicle; and 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.
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
said chapter.
(d) Each applicant shall state 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 a certificate of convenience
or permit from the Public Service Commission unless otherwise
exempt from this requirement in accordance with chapter
twenty-four-a of this code.
(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 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
of said chapter and that as a self-insurer he or she has complied
with the minimum security requirements as established in section
two, article four of said chapter.
(1) Intentional lapses of insurance coverage. --
(A) 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 subparagraph (B) of
this paragraph 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 may select any certificate of insurance, owner's
statement of insurance, motor vehicle registration or any other
form or document for verification of insurance coverage with an
insurance company.
(A) If the division verifies with an insurance company that a
motor vehicle was operated in this state without the required
security in effect based on information received on an accident
report, citation, court report or any other evidence of motor
vehicle operation, the division shall proceed against the owner and
driver in accordance with section seven, article two-a, chapter
seventeen-d of this code.
(B) If the division selects a motor vehicle registration for
verification of insurance and determines that the owner of a
registered motor vehicle did or does not have the required security
in effect at the time of verification, the division shall proceed
as follows:
(i) The division shall send a notice by certified mail to the
registered owner's address and to any lienholder noted on the
certificate of title, advising that unless the owner provides
verifiable proof that the vehicle was insured on the date of
verification or that the vehicle is or was not required to be
registered, the owner's driver's license will be suspended for
thirty days for a first offense and ninety days for a second or
subsequent offense and the motor vehicle registration will be
revoked until current verifiable proof of insurance is provided to
the division: Provided, That the division shall suspend the
driver's license of only one owner if a vehicle is registered in
more than one name.
(ii) If, after the notice required in clause (i) of this
subparagraph is given to the owner and the lienholder, the owner
fails to provide proof of insurance, the driver's license
suspension and motor vehicle registration revocation shall go into
effect without further notice thirty days from the date of the
notice.
(iii) The division shall reinstate the driver's license
without regard to the suspension period in this paragraph and
reinstate the motor vehicle registration upon submission of proof
of current insurance coverage and payment of the reinstatement fees
provided in section nine, article three, chapter seventeen-b of
this code and section seven, article nine of this chapter.
(3) 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 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
driver's license suspended for a period of ninety days and vehicle registration revoked if applicable.
(f) 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) Each 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
(h) Revocation of a motor vehicle registration pursuant to
this section shall not affect the perfection or priority of a lien
or security interest attaching to the motor vehicle that is noted
on the certificate of title to the motor vehicle.
§17A-3-14. Registration plates generally; description of plates;
issuance of special numbers and plates; registration
fees; special application fees; exemptions;
commissioner to promulgate forms; suspension and
nonrenewal.
(a) The division upon registering a vehicle shall issue to the
owner one registration plate for a motorcycle, trailer, semitrailer
or other motor vehicle.
(b) Registration plates issued by the division shall meet the
following requirements:
(1) Every registration plate shall be of reflectorized
material and have displayed upon it the registration number
assigned to the vehicle for which it is issued; the name of this
state, which may be abbreviated; and the year number for which it
is issued or the date of expiration of the plate.
(2) Every registration plate and the required letters and
numerals on the plate shall be of sufficient size to be plainly
readable from a distance of one hundred feet during daylight:
Provided, That the requirements of this subdivision shall not apply
to the year number for which the plate is issued or the date of
expiration.
(3) Registration numbering for registration plates shall begin
with number two.
(c) The division may not issue, permit to be issued or
distribute any special registration plates except as follows:
(1) The Governor shall be issued two registration plates, on
one of which shall be imprinted the numeral one and on the other
the word one.
(2) State officials and judges may be issued special
registration plates as follows:
(A) Upon appropriate application, the division shall issue to
the Secretary of State, State Superintendent of Schools, Auditor,
Treasurer, Commissioner of Agriculture and the Attorney General,
the members of both houses of the Legislature, including the elected officials of both houses of the Legislature, the justices
of the Supreme Court of Appeals of West Virginia, the
representatives and senators of the state in the Congress of the
United States, the judges of the West Virginia Circuit Courts,
active and retired on senior status, the judges of the United
States district courts for the State of West Virginia and the
judges of the United States Court of Appeals for the fourth
circuit, if any of the judges are residents of West Virginia, a
special registration plate for a Class A motor vehicle and a
special registration plate for a Class G motorcycle owned by the
official or his or her spouse: Provided, That the division may
issue a Class A special registration plate for each vehicle titled
to the official and a Class G special registration plate for each
motorcycle titled to the official.
(B) Each plate issued pursuant to this subdivision shall bear
any combination of letters and numbers not to exceed an amount
determined by the commissioner and a designation of the office.
Each plate shall supersede the regular numbered plate assigned to
the official or his or her spouse during the official's term of
office and while the motor vehicle is owned by the official or his
or her spouse.
(C) The division shall charge an annual fee of fifteen dollars
for every registration plate issued pursuant to this subdivision,
which is in addition to all other fees required by this chapter.
(3) The division may issue members of the National Guard
forces special registration plates as follows:
(A) Upon receipt of an application on a form prescribed by the
division and receipt of written evidence from the chief executive
officer of the Army National Guard or Air National Guard, as
appropriate, or the commanding officer of any United States Armed
Forces reserve unit that the applicant is a member thereof, the
division shall issue to any member of the National Guard of this
state or a member of any reserve unit of the United States Armed
Forces a special registration plate designed by the commissioner
for any number of Class A motor vehicles owned by the member. Upon
presentation of written evidence of retirement status, retired
members of this state's Army or Air National Guard, or retired
members of any reserve unit of the United States Armed Forces, are
eligible to purchase the special registration plate issued pursuant
to this subdivision.
(B) The division shall charge an initial application fee of
ten dollars for each special registration plate issued pursuant to
this subdivision, which is in addition to all other fees required
by this chapter. All initial application fees Except as otherwise
provided herein, effective the first day of July, two thousand
seven, all fees currently held in the special revolving fund used
in the administration of this section, and all fees collected by
the division shall be deposited into a special revolving fund to be used in the administration of this section in the state road fund.
(C) A surviving spouse may continue to use his or her deceased
spouse's National Guard forces license plate until the surviving
spouse dies, remarries or does not renew the license plate.
(4) Specially arranged registration plates may be issued as
follows:
(A) Upon appropriate application, any owner of a motor vehicle
subject to Class A registration, or a motorcycle subject to Class
G registration, as defined by this article, may request that the
division issue a registration plate bearing specially arranged
letters or numbers with the maximum number of letters or numbers to
be determined by the commissioner. The division shall attempt to
comply with the request wherever possible.
(B) The commissioner shall propose rules for legislative
approval in accordance with the provisions of chapter twenty-nine-a
of this code regarding the orderly distribution of the plates:
Provided, That for purposes of this subdivision, the registration
plates requested and issued shall include all plates bearing the
numbers two through two thousand.
(C) An annual fee of fifteen dollars shall be charged for each
special registration plate issued pursuant to this subdivision,
which is in addition to all other fees required by this chapter.
(5) The division may issue honorably discharged veterans
special registration plates as follows:
(A) Upon appropriate application, the division shall issue to
any honorably discharged veteran of any branch of the armed
services of the United States a special registration plate for any
number of vehicles titled in the name of the qualified applicant
with an insignia designed by the Commissioner of the Division of
Motor Vehicles.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration. and shall be All fees collected by the
division and shall be deposited in a special revolving fund to be
used for the administration of this section the state road fund:
Provided, That nothing in this section may be construed to exempt
any veteran from any other provision of this chapter.
(C) A surviving spouse may continue to use his or her deceased
spouse's honorably discharged veterans license plate until the
surviving spouse dies, remarries or does not renew the license
plate.
(6) The division may issue disabled veterans special
registration plates as follows:
(A) Upon appropriate application, the division shall issue to
any disabled veteran who is exempt from the payment of registration
fees under the provisions of this chapter a registration plate for a vehicle titled in the name of the qualified applicant which bears
the letters "DV" in red and also the regular identification
numerals in red.
(B) A surviving spouse may continue to use his or her deceased
spouse's disabled veterans license plate until the surviving spouse
dies, remarries or does not renew the license plate.
(C) A qualified disabled veteran may obtain a second disabled
veterans license plate as described in this section for use on a
passenger vehicle titled in the name of the qualified applicant.
The division shall charge a one-time fee of ten dollars to be
deposited into a special revolving fund to be used in the
administration of this section the state road fund, in addition to
all other fees required by this chapter, for the second plate.
(7) The division may issue recipients of the distinguished
Purple Heart medal special registration plates as follows:
(A) Upon appropriate application, there shall be issued to any
armed service person holding the distinguished Purple Heart medal
for persons wounded in combat a registration plate for a vehicle
titled in the name of the qualified applicant bearing letters or
numbers. The registration plate shall be designed by the
Commissioner of Motor Vehicles and shall denote that those
individuals who are granted this special registration plate are
recipients of the Purple Heart. All letterings shall be in purple
where practical.
(B) Registration plates issued pursuant to this subdivision
are exempt from all registration fees otherwise required by the
provisions of this chapter.
(C) A surviving spouse may continue to use his or her deceased
spouse's Purple Heart medal license plate until the surviving
spouse dies, remarries or does not renew the license plate.
(D) A recipient of the Purple Heart medal may obtain a second
Purple Heart medal license plate as described in this section for
use on a passenger vehicle titled in the name of the qualified
applicant. The division shall charge a one-time fee of ten dollars
to be deposited into a special revolving fund to be used in the
administration of this section the state road fund, in addition to
all other fees required by this chapter, for the second plate.
(8) The division may issue survivors of the attack on Pearl
Harbor special registration plates as follows:
(A) Upon appropriate application, the owner of a motor vehicle
who was enlisted in any branch of the armed services that
participated in and survived the attack on Pearl Harbor on the
seventh day of December, one thousand nine hundred forty-one, the
division shall issue a special registration plate for a vehicle
titled in the name of the qualified applicant. The registration
plate shall be designed by the Commissioner of Motor Vehicles.
(B) Registration plates issued pursuant to this subdivision
are exempt from the payment of all registration fees otherwise required by the provisions of this chapter.
(C) A surviving spouse may continue to use his or her deceased
spouse's survivors of the attack on Pearl Harbor license plate
until the surviving spouse dies, remarries or does not renew the
license plate.
(D) A survivor of the attack on Pearl Harbor may obtain a
second survivors of the attack on Pearl Harbor license plate as
described in this section for use on a passenger vehicle titled in
the name of the qualified applicant. The division shall charge a
one-time fee of ten dollars to be deposited into a special
revolving fund to be used in the administration of this section the
state road fund, in addition to all other fees required by this
chapter, for the second plate.
(9) The division may issue special registration plates to
nonprofit charitable and educational organizations authorized under
prior enactment of this subdivision as follows:
(A) Approved nonprofit charitable and educational
organizations previously authorized under the prior enactment of
this subdivision may accept and collect applications for special
registration plates from owners of Class A motor vehicles together
with a special annual fee of fifteen dollars, which is in addition
to all other fees required by this chapter. The applications and
fees shall be submitted to the Division of Motor Vehicles with the
request that the division issue a registration plate bearing a combination of letters or numbers with the organizations' logo or
emblem, with the maximum number of letters or numbers to be
determined by the commissioner.
(B) The commissioner shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code regarding the procedures for and
approval of special registration plates issued pursuant to this
subdivision.
(C) The commissioner shall set an appropriate fee to defray
the administrative costs associated with designing and
manufacturing special registration plates for a nonprofit
charitable or educational organization. The nonprofit charitable
or educational organization shall collect this fee and forward it
to the division for deposit in a special revolving fund to pay the
administrative costs the state road fund. The nonprofit charitable
or educational organization may also collect a fee for marketing
the special registration plates.
(D) The commissioner may not approve or authorize any
additional nonprofit charitable and educational organizations to
design or market special registration plates.
(10) The division may issue specified emergency or volunteer
registration plates as follows:
(A) Any owner of a motor vehicle who is a resident of the
state of West Virginia and who is a certified paramedic or emergency medical technician, a member of a paid fire department,
a member of the state Fire Commission, the State Fire Marshal, the
State Fire Marshal's assistants, the State Fire Administrator and
voluntary rescue squad members may apply for a special license
plate for any number of Class A vehicles titled in the name of the
qualified applicant which bears the insignia of the profession,
group or commission. Any insignia shall be designed by the
commissioner. License plates issued pursuant to this subdivision
shall bear the requested insignia in addition to the registration
number issued to the applicant pursuant to the provisions of this
article.
(B) Each application submitted pursuant to this subdivision
shall be accompanied by an affidavit signed by the fire chief or
department head of the applicant stating that the applicant is
justified in having a registration with the requested insignia;
proof of compliance with all laws of this state regarding
registration and licensure of motor vehicles; and payment of all
required fees.
(C) Each application submitted pursuant to this subdivision
shall be accompanied by payment of a special initial application
fee of ten dollars, which is in addition to any other registration
or license fee required by this chapter. All special fees shall be
collected by the division and deposited into a special revolving
fund to be used for the purpose of compensating the Division of Motor Vehicles for additional costs and services required in the
issuing of the special registration and for the administration of
this section the state road fund.
(11) The division may issue specified certified firefighter
registration plates as follows:
(A) Any owner of a motor vehicle who is a resident of the
state of West Virginia and who is a certified firefighter may apply
for a special license plate which bears the insignia of the
profession, for any number of Class A vehicles titled in the name
of the qualified applicant. Any insignia shall be designed by the
commissioner. License plates issued pursuant to this subdivision
shall bear the requested insignia pursuant to the provisions of
this article. Upon presentation of written evidence of
certification as a certified firefighter, certified firefighters
are eligible to purchase the special registration plate issued
pursuant to this subdivision.
(B) Each application submitted pursuant to this subdivision
shall be accompanied by an affidavit stating that the applicant is
justified in having a registration with the requested insignia;
proof of compliance with all laws of this state regarding
registration and licensure of motor vehicles; and payment of all
required fees. The firefighter certification department, section
or division of the West Virginia University fire service extension
shall notify the commissioner in writing immediately when a firefighter loses his or her certification. If a firefighter loses
his or her certification, the commissioner may not issue him or her
a license plate under this subsection.
(C) Each application submitted pursuant to this subdivision
shall be accompanied by payment of a special initial application
fee of ten dollars, which is in addition to any other registration
or license fee required by this chapter. All special fees shall be
collected by the division and deposited into a special revolving
fund to be used for the purpose of compensating the Division of
Motor Vehicles for additional costs and services required in the
issuing of the special registration and for the administration of
this section the state road fund.
(12) The division may issue special scenic registration plates
as follows:
(A) Upon appropriate application, the commissioner shall issue
a special registration plate displaying a scenic design of West
Virginia which displays the words "Wild Wonderful" as a slogan.
(B) The division shall charge a special one-time initial
application fee of ten dollars in addition to all other fees
required by this chapter. All initial application fees collected
by the division shall be deposited into a special revolving fund to
be used in the administration of this chapter the state road fund.
(13) The division may issue honorably discharged Marine Corps
league members special registration plates as follows:
(A) Upon appropriate application, the division shall issue to
any honorably discharged Marine Corps league member a special
registration plate for any number of vehicles titled in the name of
the qualified applicant with an insignia designed by the
Commissioner of the Division of Motor Vehicles.
(B) The division may charge a special one-time initial
application fee of ten dollars in addition to all other fees
required by this chapter. This special fee is to compensate the
Division of Motor Vehicles for additional costs and services
required in the issuing of the special registration and shall be
collected by the division and deposited in a special revolving fund
to be used for the administration of this section the state road
fund: Provided, That nothing in this section may be construed to
exempt any veteran from any other provision of this chapter.
(C) A surviving spouse may continue to use his or her deceased
spouse's honorably discharged Marine Corps league license plate
until the surviving spouse dies, remarries or does not renew the
license plate.
(14) The division may issue military organization registration
plates as follows:
(A) The division may issue a special registration plate for
the members of any military organization chartered by the United
States Congress upon receipt of a guarantee from the organization
of a minimum of one hundred applicants. The insignia on the plate shall be designed by the commissioner.
(B) Upon appropriate application, the division may issue
members of the chartered organization in good standing, as
determined by the governing body of the chartered organization, a
special registration plate for any number of vehicles titled in the
name of the qualified applicant.
(C) The division shall charge a special one-time initial
application fee of ten dollars for each special license plate in
addition to all other fees required by this chapter. All initial
application fees collected by the division shall be deposited into
a special revolving fund to be used in the administration of this
chapter the state road fund: Provided, That nothing in this
section may be construed to exempt any veteran from any other
provision of this chapter.
(D) A surviving spouse may continue to use his or her deceased
spouse's military organization registration plate until the
surviving spouse dies, remarries or does not renew the special
military organization registration plate.
(15) The division may issue special nongame wildlife
registration plates and special wildlife registration plates as
follows:
(A) Upon appropriate application, the division shall issue a
special registration plate displaying a species of West Virginia
wildlife which shall display a species of wildlife native to West Virginia as prescribed and designated by the commissioner and the
Director of the Division of Natural Resources.
(B) The division shall charge an annual fee of fifteen dollars
for each special nongame wildlife registration plate and each
special wildlife registration plate in addition to all other fees
required by this chapter. All annual fees collected for nongame
wildlife registration plates and wildlife registration plates shall
be deposited in a special revenue account designated the nongame
wildlife fund and credited to the Division of Natural Resources.
(C) The division shall charge a special one-time initial
application fee of ten dollars in addition to all other fees
required by this chapter. All initial application fees collected
by the division shall be deposited in a special revolving fund to
be used in the administration of this chapter the state road fund.
(16) The division may issue members of the Silver Haired
Legislature special registration plates as follows:
(A) Upon appropriate application, the division shall issue to
any person who is a duly qualified member of the Silver Haired
Legislature a specialized registration plate which bears
recognition of the applicant as a member of the Silver Haired
Legislature.
(B) A qualified member of the Silver Haired Legislature may
obtain one registration plate described in this subdivision for use
on a passenger vehicle titled in the name of the qualified applicant. The division shall charge an annual fee of fifteen
dollars, in addition to all other fees required by this chapter,
for the plate. All annual fees collected by the division shall be
deposited in a special revolving fund to be used in the
administration of this chapter the state road fund.
(17) Upon appropriate application, the commissioner shall
issue to a classic motor vehicle or classic motorcycle as defined
in section three-a, article ten of this chapter, a special
registration plate designed by the commissioner. An annual fee of
fifteen dollars, in addition to all other fees required by this
chapter, shall be charged for each classic registration plate.
(18) Honorably discharged veterans may be issued special
registration plates for motorcycles subject to Class G registration
as follows:
(A) Upon appropriate application, there shall be issued to any
honorably discharged veteran of any branch of the armed services of
the United States a special registration plate for any number of
motorcycles subject to Class G registration titled in the name of
the qualified applicant with an insignia designed by the
Commissioner of the Division of Motor Vehicles.
(B) A special initial application fee of ten dollars shall be
charged in addition to all other fees required by law. This
special fee is to compensate the Division of Motor Vehicles for
additional costs and services required in the issuing of the special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund: Provided, That
nothing in this section may be construed to exempt any veteran from
any other provision of this chapter.
(C) A surviving spouse may continue to use his or her deceased
spouse's honorably discharged veterans license plate until the
surviving spouse dies, remarries or does not renew the license
plate.
(19) Racing theme special registration plates:
(A) The division may issue a series of special registration
plates displaying national association for stock car auto racing
themes.
(B) An annual fee of twenty-five dollars shall be charged for
each special racing theme registration plate in addition to all
other fees required by this chapter. All annual fees collected for
each special racing theme registration plate shall be deposited
into a special revolving fund to be used in the administration of
this chapter the state road fund.
(C) A special application fee of ten dollars shall be charged
at the time of initial application as well as upon application for
any duplicate or replacement registration plate, in addition to all
other fees required by this chapter. All application fees shall be
deposited into a special revolving fund to be used in the administration of this chapter the state road fund.
(20) The division may issue recipients of the Navy Cross,
Distinguished Service Cross, Distinguished Flying Cross, Air Force
Cross, Bronze Star, Silver Star or Air Medal special registration
plates as follows:
(A) Upon appropriate application, the division shall issue to
any recipient of the Navy Cross, Distinguished Service Cross,
Distinguished Flying Cross, Air Force Cross, Silver Star, Bronze
Star or Air Medal, a registration plate for any number of vehicles
titled in the name of the qualified applicant bearing letters or
numbers. A separate registration plate shall be designed by the
Commissioner of Motor Vehicles for each award that denotes that
those individuals who are granted this special registration plate
are recipients of the Navy Cross, Distinguished Service Cross,
Distinguished Flying Cross, Air Force Cross, Silver Star or Bronze
Star, as applicable.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund: Provided, That
nothing in this section exempts the applicant for a special registration plate under this subdivision from any other provision
of this chapter.
(C) A surviving spouse may continue to use his or her deceased
spouse's Navy Cross, Distinguished Service Cross, Distinguished
Flying Cross, Air Force Cross, Silver Star, Bronze Star or Air
Medal special registration plate until the surviving spouse dies,
remarries or does not renew the special registration plate.
(21) The division may issue honorably discharged veterans
special registration plates as follows:
(A) Upon appropriate application, the division shall issue to
any honorably discharged veteran of any branch of the armed
services of the United States with verifiable service during World
War II, the Korean War, the Vietnam War, the Persian Gulf War or
the War against Terrorism a special registration plate for any
number of vehicles titled in the name of the qualified applicant
with an insignia designed by the commissioner denoting service in
the applicable conflict.
(B) The division shall charge a special one-time initial
application fee of ten dollars in addition to all other fees
required by law. This special fee is to compensate the Division of
Motor Vehicles for additional costs and services required in the
issuing of the special registration and shall be collected by the
division and deposited in a special revolving fund to be used for
the administration of this section the state road fund: Provided, That nothing contained in this section may be construed to exempt
any veteran from any other provision of this chapter.
(C) A surviving spouse may continue to use his or her deceased
spouse's honorably discharged veterans registration plate until the
surviving spouse dies, remarries or does not renew the special
registration plate.
(22) The division may issue special volunteer firefighter
registration plates as follows:
(A) Any owner of a motor vehicle who is a resident of West
Virginia and who is a volunteer firefighter may apply for a special
license plate for any Class A vehicle titled in the name of the
qualified applicant which bears the insignia of the profession in
white letters on a red background. The insignia shall be designed
by the commissioner and shall contain a fireman's helmet insignia
on the left side of the license plate.
(B) Each application submitted pursuant to this subdivision
shall be accompanied by an affidavit signed by the applicant's fire
chief, stating that the applicant is a volunteer firefighter and
justified in having a registration plate with the requested
insignia. The applicant must comply with all other laws of this
state regarding registration and licensure of motor vehicles and
must pay all required fees.
(C) Each application submitted pursuant to this subdivision
shall be accompanied by payment of a special one-time initial application fee of ten dollars, which is in addition to any other
registration or license fee required by this chapter. All
application fees shall be deposited into a special revolving fund
to be used in the administration of this chapter the state road
fund.
(23) The division may issue special registration plates which
reflect patriotic themes, including the display of any United
States symbol, icon, phrase or expression which evokes patriotic
pride or recognition.
(A) Upon appropriate application, the division shall issue to
an applicant a registration plate of the applicant's choice,
displaying a patriotic theme as provided in this subdivision, for
a vehicle titled in the name of the applicant. A series of
registration plates displaying patriotic themes shall be designed
by the Commissioner of Motor Vehicles for distribution to
applicants.
(B) The division shall charge a special one-time initial
application fee of ten dollars in addition to all other fees
required by law. This special fee is to compensate the Division of
Motor Vehicles for additional costs and services required in the
issuing of the special registration and shall be collected by the
division and deposited in a special revolving fund to be used for
the administration of this section the state road fund.
(24) Special license plates bearing the American flag and the logo "9/11/01".
(A) Upon appropriate application, the division shall issue
special registration plates which shall display the American flag
and the logo "9/11/01".
(B) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(C) A special application fee of ten dollars shall be charged
at the time of initial application as well as upon application for
any duplicate or replacement registration plate, in addition to all
other fees required by this chapter. All application fees shall be
deposited into a special revolving fund to be used in the
administration of this chapter the state road fund.
(25) The division may issue a special registration plate
celebrating the centennial of the 4-H youth development movement
and honoring the Future Farmers of America organization as follows:
(A) Upon appropriate application, the division may issue a
special registration plate depicting the symbol of the 4-H
organization which represents the head, heart, hands and health as
well as the symbol of the Future Farmers of America organization
which represents a cross section of an ear of corn for any number
of vehicles titled in the name of the qualified applicant.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(C) The division shall charge an annual fee of fifteen dollars
for each special 4-H Future Farmers of America registration plate
in addition to all other fees required by this chapter.
(26) The division may issue special registration plates to
educators in the state's elementary and secondary schools and in
the state's institutions of higher education as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(C) The division shall charge an annual fee of fifteen dollars
for each special educator registration plate in addition to all
other fees required by this chapter.
(27) The division may issue special registration plates to members of the Nemesis Shrine as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of membership in Nemesis Shrine.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(D) Notwithstanding the provisions of subsection (d) of this
section, the time period for the Nemesis Shrine to comply with the
minimum one hundred prepaid applications is hereby extended to the
fifteenth day of January, two thousand five.
(28) The division may issue volunteers and employees of the
American Red Cross special registration plates as follows:
(A) Upon appropriate application, the division shall issue to
any person who is a duly qualified volunteer or employee of the
American Red Cross a specialized registration plate which bears recognition of the applicant as a volunteer or employee of the
American Red Cross for any number of vehicles titled in the name of
the qualified applicant.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(29) The division shall issue special registration plates to
individuals who have received either the Combat Infantry Badge or
the Combat Medic Badge as follows:
(A) Upon appropriate application, the division shall issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof that they have received either the Combat Infantry
Badge or the Combat Medic Badge.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(30) The division may issue special registration plates to
members of the Knights of Columbus as follows:
(A) Upon appropriate application, the division shall issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of membership in the Knights of Columbus.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(D) Notwithstanding the provisions of subsection (d) of this
section, the time period for the Knights of Columbus to comply with
the minimum one hundred prepaid applications is hereby extended to
the fifteenth day of January, two thousand seven.
(31) The division may issue special registration plates to
former members of the Legislature as follows:
(A) Upon appropriate application, the division shall issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of former service as an elected or appointed
member of the West Virginia House of Delegates or the West Virginia
Senate.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund. The design of
the plate shall indicate total years of service in the Legislature.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(32) Democratic state or county executive committee member
special registration plates:
(A) The division shall design and issue special registration
plates for use by democratic state or county executive committee
members. The design of the plates shall include an insignia of a donkey and shall differentiate by wording on the plate between
state and county executive committee members.
(B) An annual fee of twenty-five dollars shall be charged for
each democratic state or county executive committee member
registration plate in addition to all other fees required by this
chapter. All annual fees collected for each special plate issued
under this subdivision shall be deposited into a special revolving
fund to be used in the administration of this chapter the state
road fund.
(C) A special application fee of ten dollars shall be charged
at the time of initial application as well as upon application for
any duplicate or replacement registration plate, in addition to all
other fees required by this chapter. All application fees shall be
deposited into a special revolving fund to be used in the
administration of this chapter the state road fund.
(D) The division shall not begin production of a plate
authorized under the provisions of this subdivision until the
division receives at least one hundred completed applications from
the state or county executive committee members, including all fees
required pursuant to this subdivision.
(E) Notwithstanding the provisions of subsection (d) of this
section, the time period for the democratic executive committee to
comply with the minimum one hundred prepaid applications is hereby
extended to the fifteenth day of January, two thousand five.
(33) The division may issue honorably discharged female
veterans special registration plates as follows:
(A) Upon appropriate application, there shall be issued to any
female honorably discharged veteran, of any branch of the armed
services of the United States, a special registration plate for any
number of vehicles titled in the name of the qualified applicant
with an insignia designed by the Commissioner of the Division of
Motor Vehicles to designate the recipient as a woman veteran.
(B) A special initial application fee of ten dollars shall be
charged in addition to all other fees required by law. This
special fee is to compensate the Division of Motor Vehicles for
additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund: Provided, That
nothing in this section may be construed to exempt any veteran from
any other provision of this chapter.
(C) A surviving spouse may continue to use his deceased
spouse's honorably discharged veterans license plate until the
surviving spouse dies, remarries or does not renew the license
plate.
(34) The division may issue special registration plates
bearing the logo, symbol, insignia, letters or words demonstrating
association with West Liberty State College to any resident owner of a motor vehicle. Resident owners may apply for the special
license plate for any number of Class A vehicles titled in the name
of the applicant. The special registration plates shall be
designed by the commissioner. Each application submitted pursuant
to this subdivision shall be accompanied by payment of a special
initial application fee of fifteen dollars, which is in addition to
any other registration or license fee required by this chapter.
The division shall charge an annual fee of fifteen dollars for each
special educator registration plate in addition to all other fees
required by this chapter. All special fees shall be collected by
the division and deposited into a special revolving fund to be used
for the purpose of compensating the Division of Motor Vehicles for
additional costs and services required in the issuing of the
special registration and for the administration of this section the
state road fund.
(35) The division may issue special registration plates to
members of the Harley Owners Group as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of membership in the Harley Owners Group.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law. This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(36) The division may issue special registration plates for
persons retired from any branch of the armed services of the United
States as follows:
(A) Upon appropriate application, there shall be issued to any
person who has retired after service in any branch of the armed
services of the United States, a special registration plate for any
number of vehicles titled in the name of the qualified applicant
with an insignia designed by the Commissioner of the Division of
Motor Vehicles to designate the recipient as retired from the armed
services of the United States.
(B) A special initial application fee of ten dollars shall be
charged in addition to all other fees required by law. This
special fee is to compensate the Division of Motor Vehicles for
additional costs and services required in the issuing of a special
registration and shall be collected by the division and deposited
in a special revolving fund to be used for the administration of
this section the state road fund: Provided, That nothing in this section may be construed to exempt any registrants from any other
provision of this chapter.
(C) A surviving spouse may continue to use his or her deceased
spouse's retired military license plate until the surviving spouse
dies, remarries or does not renew the license plate.
(37) The division may issue special registration plates
bearing the logo, symbol, insignia, letters or words demonstrating
association with or support for Fairmont State College as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(38) The division may issue special registration plates
honoring the farmers of West Virginia as follows:
(A) Any owner of a motor vehicle who is a resident of West
Virginia may apply for a special license plate depicting a farming scene or other apt reference to farming, whether in pictures or
words, at the discretion of the commissioner.
(B) The division shall charge a special initial application
fee of ten dollars. This special fee is to compensate the Division
of Motor Vehicles for additional costs and services required in the
issuing of the special registration and shall be collected by the
division and deposited in a special revolving fund to be used for
the administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(39) The division shall issue special registration plates
promoting education as follows:
(A) Upon appropriate application, the division shall issue a
special registration plate displaying a children's
education-related theme as prescribed and designated by the
commissioner and the State Superintendent of Schools.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section: Provided, That nothing in this
section exempts the applicant for a special registration plate under this subdivision from any other provision of this chapter the
state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(40) The division may issue members of the 82nd Airborne
Division Association special registration plates as follows:
(A) The division may issue a special registration plate for
members of the 82nd Airborne Division Association upon receipt of
a guarantee from the organization of a minimum of one hundred
applicants. The insignia on the plate shall be designed by the
commissioner.
(B) Upon appropriate application, the division may issue
members of the 82nd Airborne Division Association in good standing,
as determined by the governing body of the organization, a special
registration plate for any number of vehicles titled in the name of
the qualified applicant.
(C) The division shall charge a special one-time initial
application fee of ten dollars for each special license plate in
addition to all other fees required by this chapter. All initial
application fees collected by the division shall be deposited into
a special revolving fund to be used in the administration of this
chapter the state road fund: Provided, That nothing in this
section may be construed to exempt the applicant from any other
provision of this chapter.
(D) A surviving spouse may continue to use his or her deceased
spouse's special 82nd Airborne Division Association registration
plate until the surviving spouse dies, remarries or does not renew
the special registration plate.
(41) The division may issue special registration plates to
survivors of wounds received in the line of duty as a member with
a West Virginia law-enforcement agency.
(A) Upon appropriate application, the division shall issue to
any member of a municipal police department, sheriff's department,
the State Police or the law-enforcement division of the Division of
Natural Resources who has been wounded in the line of duty and
awarded a purple heart in recognition thereof by the West Virginia
Chiefs of Police Association, the West Virginia Sheriffs'
Association, the West Virginia Troopers Association or the Division
of Natural Resources a special registration plate for one vehicle
titled in the name of the qualified applicant with an insignia
appropriately designed by the commissioner.
(B) Registration plates issued pursuant to this subdivision
are exempt from the registration fees otherwise required by the
provisions of this chapter.
(C) A surviving spouse may continue to use his or her deceased
spouse's special registration plate until the surviving spouse
dies, remarries or does not renew the plate.
(D) Survivors of wounds received in the line of duty as a member with a West Virginia law-enforcement agency may obtain a
license plate as described in this section for use on a passenger
vehicle titled in the name of the qualified applicant. The
division shall charge a one-time fee of ten dollars to be deposited
into a special revolving fund to be used in the administration of
this section the state road fund, in addition to all other fees
required by this chapter, for the second plate.
(42) The division may issue a special registration plate for
persons who are Native Americans and residents of this state.
(A) Upon appropriate application, the division shall issue to
an applicant who is a Native American resident of West Virginia a
registration plate for a vehicle titled in the name of the
applicant with an insignia designed by the Commissioner of the
Division of Motor Vehicles to designate the recipient as a Native
American.
(B) The division shall charge a special one-time initial
application fee of ten dollars in addition to all other fees
required by law. This special fee is to compensate the Division of
Motor Vehicles for additional costs and services required in the
issuing of the special registration and shall be collected by the
division and deposited in a special revolving fund to be used for
the administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(43) The division may issue special registration plates
commemorating the centennial anniversary of the creation of Davis
and Elkins College as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner to
commemorate the centennial anniversary of Davis and Elkins College
for any number of vehicles titled in the name of the applicant.
(B) The division shall charge a special initial application
fee of ten dollars. This special fee is to compensate the Division
of Motor Vehicles for additional costs and services required in the
issuing of the special registration and shall be collected by the
division and deposited in a special revolving fund to be used for
the administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(44) The division may issue special registration plates
recognizing and honoring breast cancer survivors.
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner to
recognize and honor breast cancer survivors, such plate to
incorporate somewhere in the design the "pink ribbon emblem", for
any number of vehicles titled in the name of the applicant.
(B) The division shall charge a special initial application
fee of ten dollars. This special fee is to compensate the Division of Motor Vehicles for additional costs and services required in the
division and shall be deposited in a special revolving fund to be
used for the administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(45) The division may issue special registration plates to
members of the Knights of Pythias or Pythian Sisters as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of membership in the Knights of Pythias or Pythian
Sisters.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(46) The commissioner may issue special registration plates
for whitewater rafting enthusiasts as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(C) The division shall charge an annual fee of fifteen dollars
for each special registration plate in addition to all other fees
required by this chapter.
(47) The division may issue special registration plates to
members of Lions International as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner in
consultation with Lions International for any number of vehicles
titled in the name of the qualified applicant. Persons desiring
the special registration plate shall offer sufficient proof of
membership in Lions International.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(48) The division may issue special registration plates
supporting organ donation as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner which
recognizes, supports and honors organ and tissue donors and
includes the words "Donate Life".
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(49) The division may issue special registration plates to
members of the West Virginia Bar Association as follows:
(A) Upon appropriate application, the division may issue a special registration plate designed by the commissioner in
consultation with the West Virginia Bar Association for any number
of vehicles titled in the name of the qualified applicant. Persons
desiring the special registration plate shall offer sufficient
proof of membership in the West Virginia Bar Association.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(50) The division may issue special registration plates
bearing an appropriate logo, symbol or insignia combined with the
words "SHARE THE ROAD" designed to promote bicycling in the state
as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the applicant.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles for additional costs and services required in the issuing of the
special registration and shall be collected by the division and
deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(51) The division may issue special registration plates
honoring coal miners as follows:
(A) Upon appropriate application, the division shall issue a
special registration plate depicting and displaying coal miners in
mining activities as prescribed and designated by the commissioner
and the board of the National Coal Heritage Area Authority.
(B) The division shall charge a special initial application fee
of ten dollars in addition to all other fees required by law. This
special fee is to compensate the Division of Motor Vehicles for
additional costs and services required in the issuing of the special
registration and shall be collected by the division and deposited
in a special revolving fund to be used for the administration of
this section state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(52) The division may issue special registration plates to
present and former Boy Scouts as follows:
(A) Upon appropriate application, the division may issue a special registration plate designed by the Commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of present or past membership in the Boy Scouts as
either a member or a leader.
(B) The division shall charge a special initial application fee
of ten dollars in addition to all other fees required by law. This
special fee is to compensate the Division of Motor Vehicles for
additional costs and services required in the issuing of the special
registration and shall be collected by the division and deposited
in a special revolving fund to be used for the administration of
this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(53) The division may issue special registration plates to
present and former Boy Scouts who have achieved Eagle Scout status
as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the Commissioner for any
number of vehicles titled in the name of the qualified applicant.
Persons desiring the special registration plate shall offer
sufficient proof of achievement of Eagle Scout status.
(B) The division shall charge a special initial application fee
of ten dollars in addition to all other fees required by law. This special fee is to compensate the Division of Motor Vehicles for
additional costs and services required in the issuing of the special
registration and shall be collected by the division and deposited
shall be deposited in a special revolving fund to be used for the
administration of this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(54) The division may issue special registration plates
recognizing and memorializing victims of domestic violence.
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner to recognize
and memorialize victims of domestic violence, such plate to
incorporate somewhere in the design the "purple ribbon emblem", for
any number of vehicles titled in the name of the applicant.
(B) The division shall charge a special initial application fee
of ten dollars. This special fee is to compensate the Division of
Motor Vehicles for additional costs and services required by the
division and deposited in a special revolving fund to be used for
the administration of this section shall be deposited in the state
road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(55) The division may issue special registration plates bearing
the logo, symbol, insignia, letters or words demonstrating association with or support for the University of Charleston as
follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
(B) The division shall charge a special initial application fee
of ten dollars in addition to all other fees required by law. This
special fee is to compensate the Division of Motor Vehicles for
additional costs and services required in the issuing of the special
registration and shall be collected by the division and deposited
in a special revolving fund to be used for the administration of
this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(56) The division may issue special registration plates to
members of the Sons of the American Revolution as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner in
consultation with the Sons of the American Revolution for any number
of vehicles titled in the name of the qualified applicant. Persons
desiring the special registration plate shall offer sufficient proof
of membership in the Sons of the American Revolution.
(B) The division shall charge a special initial application fee
of ten dollars in addition to all other fees required by law. This special fee is to compensate the Division of Motor Vehicles for
additional costs and services required in the issuing of the special
registration and shall be collected by the division and deposited
in a special revolving fund to be used for the administration of
this section the state road fund.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
(57) The commissioner may issue special registration plates for
horse enthusiasts as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
(B) The division shall charge a special initial application fee
of ten dollars in addition to all other fees required by law. This
special fee is to compensate the Division of Motor Vehicles for
additional costs and services required in the issuing of the special
registration and shall be collected by the division and deposited
in a special revolving fund to be used for the administration of
this section the state road fund.
(C) The division shall charge an annual fee of fifteen dollars
for each special registration plate in addition to all other fees
required by this chapter.
(58)
The commissioner may issue special registration plates to
the next of kin of a member of any branch of the armed services of the United States killed in combat as follows:
(A) Upon appropriate application, the division shall issue a
special registration plate for any number of vehicles titled in the
name of a qualified applicant depicting the Gold Star awarded by the
United States Department of Defense as prescribed and designated by
the commissioner.
(B) The next of kin shall provide sufficient proof of receiving
a Gold Star lapel button from the United States Department of
Defense in accordance with Public Law 534, 89th Congress, and
criteria established by the United States Department of Defense,
including criteria to determine next of kin.
(C) The division shall charge a special initial application fee
of ten dollars in addition to all other fees required by law. This
special fee is to compensate the Division of Motor Vehicles for
additional costs and services required in the issuing of the special
registration and shall be collected by the division and deposited
in a special revolving fund to be used for the administration of
this section the state road fund.
(D) The provisions of subsection (d) of this section are not
applicable for the issuance of the special license plates designated
by this subdivision.
(59) The commissioner may issue special registration plates for
retired or former Justices of the Supreme Court of Appeals of West
Virginia as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the qualified applicant.
(B) The division shall charge a special initial application fee
of ten dollars in addition to all other fees required by law. This
special fee is to compensate the Division of Motor Vehicles for
additional costs and services required in the issuing of the special
registration and shall be collected by the division and deposited
in a special revolving fund to be used for the administration of
this section the state road fund.
(C) The division shall charge an annual fee of fifteen dollars
for each special registration plate in addition to all other fees
required by this chapter.
(D) The provisions of subsection (d) of this section are not
applicable for the issuance of the special license plates designated
by this subdivision.
(d) The minimum number of applications required prior to design
and production of a special license plate shall be as follows:
(1) The commissioner may not begin the design or production of
any license plates for which eligibility is based on membership or
affiliation with a particular private organization until at least
one hundred persons complete an application and deposit with the
organization a check to cover the first year's basic registration,
one-time design and manufacturing costs and to cover the first year additional annual fee. If the organization fails to submit the
required number of applications with attached checks within six
months of the effective date of the authorizing legislation, the
plate will not be produced and will require legislative
reauthorization: Provided, That an organization or group that is
unsuccessful in obtaining the minimum number of applications may not
request reconsideration of a special plate until at least two years
have passed since the effective date of the original authorization.
(2) The commissioner may not begin the design or production of
any license plates authorized by this section for which membership
or affiliation with a particular organization is not required until
at least two hundred fifty registrants complete an application and
deposit a fee with the division to cover the first year's basic
registration fee, one-time design and manufacturing fee and
additional annual fee if applicable. If the commissioner fails to
receive the required number of applications within six months of the
effective date of the authorizing legislation, the plate will not
be produced and will require legislative reauthorization: Provided,
That if the minimum number of applications is not satisfied within
the six months of the effective date of the authorizing legislation,
a person may not request reconsideration of a special plate until
at least two years have passed since the effective date of the
original authorization.
(e)(1) Nothing in this section requires a charge for a free prisoner of war license plate or a free recipient of the
Congressional Medal of Honor license plate for a vehicle titled in
the name of the qualified applicant as authorized by other
provisions of this code.
(2) A surviving spouse may continue to use his or her deceased
spouse's prisoner of war license plate or Congressional Medal of
Honor license plate until the surviving spouse dies, remarries or
does not renew the license plate.
(3) Qualified former prisoners of war and recipients of the
Congressional Medal of Honor may obtain a second special
registration plate for use on a passenger vehicle titled in the name
of the qualified applicant. The division shall charge a one-time
fee of ten dollars to be deposited into a special revolving fund to
be used in the administration of this chapter the state road fund,
in addition to all other fees required by this chapter, for the
second special plate.
(f) The division may issue special ten-year registration plates
as follows:
(1) The commissioner may issue or renew for a period of no more
than ten years any registration plate exempted from registration
fees pursuant to any provision of this code or any restricted use
antique motor vehicle license plate authorized by section three-a,
article ten of this chapter: Provided, That the provisions of this
subsection do not apply to any person who has had a special registration suspended for failure to maintain motor vehicle
liability insurance as required by section three, article two-a,
chapter seventeen-d of this code or failure to pay personal property
taxes as required by section three-a of this article.
(2) An initial nonrefundable fee shall be charged for each
special registration plate issued pursuant to this subsection, which
is the total amount of fees required by section fifteen, article ten
of this chapter, section three, article three of this chapter or
section three-a, article ten of this chapter for the period
requested.
(g) The provisions of this section may not be construed to
exempt any registrant from maintaining motor vehicle liability
insurance as required by section three, article two-a, chapter
seventeen-d of this code or from paying personal property taxes on
any motor vehicle as required by section three-a of this article.
(h) The commissioner may, in his or her discretion, issue a
registration plate of reflectorized material suitable for permanent
use on motor vehicles, trailers and semitrailers, together with
appropriate devices to be attached to the registration to indicate
the year for which the vehicles have been properly registered or the
date of expiration of the registration. The design and expiration
of the plates shall be determined by the commissioner. The
commissioner shall, whenever possible and cost-effective, implement
the latest technology in the design, production and issuance of registration plates, indices of registration renewal and vehicle
ownership documents, including, but not limited to, offering
internet renewal of vehicle registration and the use of bar codes
for instant identification of vehicles by scanning equipment to
promote the efficient and effective coordination and communication
of data for improving highway safety, aiding law enforcement and
enhancing revenue collection.
(i) Any license plate issued or renewed pursuant to this
chapter which is paid for by a check that is returned for
nonsufficient funds is void without further notice to the applicant.
The applicant may not reinstate the registration until the returned
check is paid by the applicant in cash, money order or certified
check and all applicable fees assessed as a result thereof have been
paid.
ARTICLE 4. TRANSFERS OF TITLE OR INTEREST.
§17A-4-10. Salvage certificates for certain wrecked or damaged
vehicles; fee; penalty.
(a) In the event a motor vehicle is determined to be a total
loss or otherwise designated as "totaled" by any insurance company
or insurer, and upon payment of an agreed price as a claim
settlement to any insured or claimant owner for the purchase of the
vehicle, the insurance company or the insurer shall receive the
certificate of title and the vehicle except that an insured or
claimant owner may choose to retain possession of a cosmetically damaged vehicle, as provided in subdivision (2) of this subsection.
The term "total loss" means a motor vehicle which has sustained
damages equivalent to seventy-five percent or more of the market
value as determined by a nationally accepted used car value guide.
The insurance company or insurer shall within ten days determine if
the vehicle is repairable, cosmetically damaged or nonrepairable and
surrender the certificate of title and a copy of the claim
settlement to the Division of Motor Vehicles. If the insurance
company or insurer determines that the vehicle is repairable, the
division shall issue a "salvage certificate," on a form prescribed
by the commissioner, in the name of the insurance company or the
insurer. The certificate shall contain on the reverse thereof
spaces for one successive assignment before a new certificate at an
additional fee is required.
(1) Upon the sale of the vehicle the insurance company or
insurer shall endorse the assignment of ownership on the salvage
certificate and deliver it to the purchaser. The vehicle shall not
be titled or registered for operation on the streets or highways of
this state unless there is compliance with subsection (c) of this
section. The division shall charge a fee of fifteen dollars for
each salvage title issued.
(2) If the insurance company or insurer determines the damage
to a totaled vehicle is exclusively cosmetic and no repair is
necessary in order to legally and safely operate the motor vehicle on the roads and highways of this state, the insurance company or
insurer shall upon payment of the claim settlement submit the
certificate of title to the division.
(A) The division shall, without further inspection, issue a
title branded "cosmetic total loss" to the insured or claimant owner
if the insured or claimant owner wishes to retain possession of the
vehicle, in lieu of a "salvage certificate." A fee of five dollars
shall be charged for each "cosmetic total loss" title issued. The
terms "cosmetically damaged" and "cosmetic total loss" do not
include any vehicle which has been damaged by flood or fire. The
designation "cosmetic total loss" on a title cannot be changed.
(B) If the insured or claimant owner elects not to take
possession of the vehicle and the insurance company or insurer
retains possession, the division shall issue a cosmetic total loss
salvage certificate to the insurance company or insurer. The
division shall charge a fee of fifteen dollars for each cosmetic
total loss salvage certificate issued. The division shall, upon
surrender of the cosmetic total loss salvage certificate issued
under the provisions of this paragraph, and payment of the five
percent privilege tax on the fair market value of the vehicle as
determined by the commissioner, issue a title branded "cosmetic
total loss" without further inspection.
(3) If the insurance company or insurer determines that the
damage to a totaled vehicle renders it nonrepairable, incapable of safe operation for use on roads and highways and which has no resale
value except as a source of parts or scrap, the insurance company
or vehicle owner shall request that the division issue a
nonrepairable motor vehicle certificate in lieu of a salvage
certificate. The division shall issue a nonrepairable motor vehicle
certificate without charge.
(b) Any owner, who scraps, compresses, dismantles or destroys
a vehicle for which a certificate of title, nonrepairable motor
vehicle certificate or salvage certificate has been issued, shall,
within twenty days, surrender the certificate of title,
nonrepairable motor vehicle certificate or salvage certificate to
the division for cancellation. Any person who purchases or acquires
a vehicle as salvage or scrap, to be dismantled, compressed or
destroyed, shall within twenty days surrender the certificate to the
division.
(c) If the motor vehicle is a "reconstructed vehicle" as
defined in section one, article one of this chapter, it may not be
titled or registered for operation until it has been inspected by
an official state inspection station and by a representative of the
Division of Motor Vehicles who has been designated by the
commissioner as an investigator. Following an approved inspection,
an application for a new certificate of title may be submitted to
the division; however, the applicant shall be required to retain all
receipts for component parts, equipment and materials used in the reconstruction. The salvage certificate must also be surrendered
to the division before a certificate of title may be issued.
(d) The owner or title holder of any motor vehicle titled in
this state which has previously been branded in this state or
another state as "salvage," "reconstructed," "cosmetic total loss,"
"cosmetic total loss salvage," "flood" or "fire" or an equivalent
term under another state's laws shall, upon becoming aware of the
brand, apply for and receive a title from the Division of Motor
Vehicles on which the brand "reconstructed," "salvage," "cosmetic
total loss" "cosmetic total loss salvage," "flood" or "fire" is
shown. A fee of five dollars will be charged for each title so
issued.
(e) If application is made for title to a motor vehicle, the
title to which has previously been branded "reconstructed,"
"salvage," "cosmetic total loss," cosmetic total loss salvage,"
"flood" or "fire" by the Division of Motor Vehicles under this
section and said application is accompanied by a title from another
state which does not carry the brand, the division shall, before
issuing the title, affix the brand "reconstructed," "cosmetic total
loss," "cosmetic total loss salvage," "flood" or "fire" to the
title. The privilege tax paid on a motor vehicle titled as
"reconstructed" "cosmetic total loss," "flood" or "fire" under the
provisions of this section shall be based on fifty percent of the
fair market value of the vehicle as determined by a nationally accepted used car value guide to be used by the commissioner.
(f) The division shall charge a fee of fifteen dollars for the
issuance of each salvage certificate or cosmetic total loss salvage
certificate but shall not require the payment of the five percent
privilege tax. However, upon application for a certificate of title
for a reconstructed, cosmetic total loss, flood or fire damaged
vehicle, the division shall collect the five percent privilege tax
on the fair market value of the vehicle as determined by the
commissioner unless the applicant is otherwise exempt from the
payment of such privilege tax. A wrecker/dismantler/rebuilder is
exempt from the five percent privilege tax upon titling a
reconstructed vehicle. The division shall collect a fee of
thirty-five dollars per vehicle for inspections of reconstructed
vehicles. These fees shall be deposited in a special fund created
in the state Treasurer's Office and may be expended by the division
to carry out the provisions of this article: Provided, That on and
after the first day of July, two thousand seven, any balance in the
special fund, and all fees collected pursuant to this section shall
be deposited in the state road fund. Licensed wreckers/dismantlers/
rebuilders may charge a fee not to exceed twenty-five dollars for
all vehicles owned by private rebuilders which are inspected at the
place of business of a wrecker/dismantler/rebuilder.
(g) A certificate of title issued by the division for a
reconstructed vehicle shall contain markings in bold print on the face of the title that it is for a reconstructed, flood or fire
damaged vehicle.
Any person who violates the provisions of this section shall
be guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than five hundred dollars nor more than one thousand
dollars, or imprisoned in the county jail for not more than one
year, or both fined and imprisoned.
ARTICLE 9. OFFENSES AGAINST REGISTRATION LAWS AND SUSPENSION OR
REVOCATION OF REGISTRATION.
§17A-9-7. Surrender of evidences of registration, etc., upon
cancellation, suspension or revocation; willful
failure or refusal to surrender; fee for
reinstatement.
Whenever the registration of a vehicle, a certificate of title,
a registration card, registration plate or plates, a temporary
registration plate or marker, the right to issue temporary
registration plates or markers, any nonresident or other permit, or
any license certificate or dealer special plates issued under the
provisions of article six of this chapter, is canceled, suspended
or revoked as authorized in this chapter, the owner, holder or other
person in possession of the evidences of the registration, title,
permit or license or any special dealer plates shall, except as
otherwise provided in article six of this chapter, immediately return the evidences of the registration, title, permit or license
that was canceled, suspended or revoked, together with any dealer
special plates relating to any license certificate, or any dealer
special plate or plates if only the dealer special plate is
suspended, to the division: Provided, That the owner or holder
shall, before reinstatement, pay a fee of ten dollars in addition
to all other fees, which shall be collected by the division and
credited to a special revolving fund in the State Treasury to be
appropriated to the division for use in enforcement of the
provisions of this code: Provided, however, That on and after the
first day of July, two thousand seven, any balance in the special
revolving fund, and all fees collected pursuant to this section
shall be deposited in the Motor Vehicles Fees Fund created in
section twenty-one, article two of this chapter.
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-7c. Motorcycle license examination fund.
There is hereby created a special revolving fund in the State
Treasury which shall be designated as the "motorcycle license
examination fund". The fund shall consist of all moneys received
from fees collected for motorcycle instruction permits under this
article and any other moneys specifically allocated to the fund.
The fund shall not be treated by the Auditor or treasurer as part
of the general revenue of the state. The fund shall be used and
paid out upon order of the West Virginia State Police solely for the purposes specified in this article. On the thirtieth day of June,
two thousand, the special revolving fund created in this section
shall be established under the Division of Motor Vehicles and shall
be paid out upon order of the commissioner. On and after the first
day of July, two thousand seven, any unexpended balance remaining
in the special revolving motorcycle license examination fund
heretofore created on the thirtieth day of June, two thousand, shall
be transferred to the fund established under the Division of Motor
Vehicles motor vehicle fees fund created under the provisions of
section twenty-one, article two, chapter seventeen-a of this code.
The fund shall include all moneys received from fees collected for
motorcycle instruction permits under this article and any other
moneys specifically allocated to the fund.
The fund shall be used by the division to defray the costs of
implementing and administering a special motorcycle license
examination, including a motorcycle driving test.
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 5A. ADMINISTRATIVE PROCEDURES FOR SUSPENSION AND
REVOCATION OF LICENSES FOR DRIVING UNDER THE
INFLUENCE OF ALCOHOL, CONTROLLED SUBSTANCES OR
DRUGS.
§17C-5A-2a. Assessment of costs; special account created.
The Department of Motor Vehicles is hereby authorized and
required to assess witness costs at the same rate as witness fees
in Circuit Court and a docket fee of ten dollars for each hearing
request against any person filing a request for a hearing under
section two of this article who fails to appear, fails to have said
order rescinded or fails to have said order modified to a lesser
period of revocation.
All fees and costs collected hereunder shall be paid into a
special revenue account in the State Treasury: Provided, That on
and after the first day of July, two thousand seven, any unexpended balance remaining in the special revolving fund shall be transferred
to the Motor Vehicle Fees Fund created under the provisions of
section twenty-one, article two, chapter seventeen-a of this code,
and all further fees and costs collected shall be deposited in that
fund. A portion of the funds in said account shall the Motor
Vehicle Fees Fund may be used to pay or reimburse the various
law-enforcement agencies at the same rate as witnesses in Circuit
Court for the travel and appearance of its officers before the
commissioner or authorized deputy or agent pursuant to a hearing
request under the provisions of this article. The department shall
authorize payment to the law-enforcement agencies from said account
as the fees for a particular hearing request are received from the
person against whom the costs were assessed. The department shall
authorize transfer to an appropriate agency account from the special
account Motor Vehicle Fees Fund to pay costs of registered and
certified mailings and other expenses associated with the conduct
of hearings under this article as the docket fee for a particular
hearing request is received from the person against whom the costs
were assessed.
In the event judicial review results in said order being
rescinded or modified to a lesser period of revocation the costs
assessed shall be discharged.
§17C-5A-3. Safety and treatment program; reissuance of license.
(a) The Division of Motor Vehicles, in cooperation with the Department of Health and Human Resources, the division of alcoholism
and drug abuse, shall propose a legislative rule or rules for
promulgation in accordance with the provisions of chapter
twenty-nine-a of this code, establishing a comprehensive safety and
treatment program for persons whose licenses have been revoked under
the provisions of this article, or section seven, article five of
this chapter, or subsection (6), section five, article three,
chapter seventeen-b of this code, and shall likewise establish the
minimum qualifications for mental health facilities or other public
agencies or private entities conducting the safety and treatment
program: Provided, That the commissioner may establish standards
whereby the division will accept or approve participation by
violators in another treatment program which provides the same or
substantially similar benefits as the safety and treatment program
established pursuant to this section. The program shall include,
but not be limited to, treatment of alcoholism, alcohol and drug
abuse, psychological counseling, educational courses on the dangers
of alcohol and drugs as they relate to driving, defensive driving,
or other safety driving instruction, and other programs designed to
properly educate, train and rehabilitate the offender.
(b) (1) The Division of Motor Vehicles, in cooperation with the
Department of Health and Human Resources, the division of alcoholism
and drug abuse, shall provide for the preparation of an educational
and treatment program for each person whose license has been revoked under the provisions of this article or section seven, article five
of this chapter, or subsection (6), section five, article three,
chapter seventeen-b of this code, which shall contain the following:
(A) A listing and evaluation of the offender's prior traffic record;
(B) characteristics and history of alcohol or drug use, if any; (C)
his or her amenability to rehabilitation through the alcohol safety
program; and (D) a recommendation as to treatment or rehabilitation,
and the terms and conditions of the treatment or rehabilitation.
The program shall be prepared by persons knowledgeable in the
diagnosis of alcohol or drug abuse and treatment. The cost of the
program shall be paid out of fees established by the Commissioner
of Motor Vehicles in cooperation with the Department of Health and
Human Resources, division of alcohol and drug abuse. The program
provider shall collect the established fee from each participant
upon enrollment. The program provider shall also at the time of
enrollment remit to the commissioner a portion of the collected fee
established by the commissioner in cooperation with the Department
of Health and Human Resources, which shall be deposited into an
account designated the driver's rehabilitation fund: which was
created by a prior enactment of this section and which is hereby
continued, to be used for the administration of the program
Provided, That on and after the first day of July, two thousand
seven, any unexpended balance remaining in the driver's
rehabilitation fund shall be transferred to the Motor Vehicle Fees Fund created under the provisions of section twenty-one, article
two, chapter seventeen-a, and all further fees collected shall be
deposited in that fund.
(2) The commissioner, after giving due consideration to the
program developed for the offender, shall prescribe the necessary
terms and conditions for the reissuance of the license to operate
a motor vehicle in this state revoked under this article, or section
seven, article five of this chapter, or subsection (6), section
five, article three, chapter seventeen-b of this code, which shall
include successful completion of the educational, treatment or
rehabilitation program, subject to the following:
(A) When the period of revocation is six months, the license
to operate a motor vehicle in this state shall not be reissued
until: (i) At least ninety days have elapsed from the date of the
initial revocation, during which time the revocation was actually
in effect; (ii) the offender has successfully completed the program;
(iii) all costs of the program and administration have been paid;
and (iv) all costs assessed as a result of a revocation hearing have
been paid.
(B) When the period of revocation is for a period of years, the
license to operate a motor vehicle in this state shall not be
reissued until: (i) At least one half of such time period has
elapsed from the date of the initial revocation, during which time
the revocation was actually in effect; (ii) the offender has successfully completed the program; (iii) all costs of the program
and administration have been paid; and (iv) all costs assessed as
a result of a revocation hearing have been paid.
(C) When the period of revocation is for life, the license to
operate a motor vehicle in this state shall not be reissued until:
(i) At least ten years have elapsed from the date of the initial
revocation, during which time the revocation was actually in effect;
(ii) the offender has successfully completed the program; (iii) all
costs of the program and administration have been paid; and (iv) all
costs assessed as a result of a revocation hearing have been paid.
(D) Notwithstanding any provision of this code or any rule, any
mental health facilities or other public agencies or private
entities conducting the safety and treatment program when certifying
that a person has successfully completed a safety and treatment
program, shall only have to certify that such person has
successfully completed the program.
(c) (1) The Division of Motor Vehicles, in cooperation with the
Department of Health and Human Resources, division of alcoholism and
drug abuse, shall provide for the preparation of an educational
program for each person whose license has been suspended for sixty
days pursuant to the provisions of subsection (l), section two,
article five-a of this chapter. The educational program shall
consist of not less than twelve nor more than eighteen hours of
actual classroom time.
(2) When a sixty-day period of suspension has been ordered, the
license to operate a motor vehicle shall not be reinstated until:
(A) At least sixty days have elapsed from the date of the initial
suspension, during which time the suspension was actually in effect;
(B) the offender has successfully completed the educational program;
(C) all costs of the program and administration have been paid; and
(D) all costs assessed as a result of a suspension hearing have been
paid.
(d) A required component of the rehabilitation program provided
for in subsection (b) and the education program provided for in
subsection (c) shall be participation by the violator with a victim
impact panel program providing a forum for victims of alcohol and
drug related offenses and offenders to share first-hand experiences
on the impact of alcohol and drug related offenses in their lives.
The commissioner shall propose legislative rules for promulgation
in accordance with the provisions of chapter twenty-nine-a of this
code to implement victim impact panels where appropriate numbers of
victims are available and willing to participate, and shall
establish guidelines for other innovative programs which may be
substituted where such victims are not available, so as to assist
persons whose licenses have been suspended or revoked for alcohol
and drug related offenses to gain a full understanding of the
severity of their offenses in terms of the impact of such offenses
on victims and offenders. The legislative rules proposed for promulgation by the commissioner shall require, at a minimum,
discussion and consideration of the following:
(A) Economic losses suffered by victims or offenders;
(B) Death or physical injuries suffered by victims or
offenders;
(C) Psychological injuries suffered by victims or offenders;
(D) Changes in the personal welfare or familial relationships
of victims or offenders; and
(E) Other information relating to the impact of alcohol and
drug related offenses upon victims or offenders.
Any rules promulgated pursuant to this subsection shall contain
provisions which ensure that any meetings between victims and
offenders shall be nonconfrontational and ensure the physical safety
of the persons involved.
§17C-5A-3a. Establishment of and participation in the motor
vehicle alcohol test and lock program.
(a) The Division of Motor Vehicles shall control and regulate
a motor vehicle alcohol test and lock program for persons whose
licenses have been revoked pursuant to this article or the
provisions of article five of this chapter, or have been convicted
under section two, article five of this chapter. The program shall
include the establishment of a users fee for persons participating
in the program which shall be paid in advance and deposited into the
driver's rehabilitation fund: Provided, That on and after the first day of July, two thousand seven, any unexpended balance remaining
in the driver's rehabilitation fund shall be transferred to the
Motor Vehicle Fees Fund created under the provisions of section
twenty-one, article two, chapter seventeen-a of this code, and all
further fees collected shall be deposited in that fund. Except
where specified otherwise, the use of the term "program" in this
section refers to the motor vehicle alcohol test and lock program.
The Commissioner of the Division of Motor Vehicles shall propose
legislative rules for promulgation in accordance with the provisions
of chapter twenty-nine-a of this code for the purpose of
implementing the provisions of this section. The rules shall also
prescribe those requirements which, in addition to the requirements
specified by this section for eligibility to participate in the
program, the Commissioner determines must be met to obtain the
Commissioner's approval to operate a motor vehicle equipped with a
motor vehicle alcohol test and lock system. For purposes of this
section, a "motor vehicle alcohol test and lock system" means a
mechanical or computerized system which, in the opinion of the
Commissioner, prevents the operation of a motor vehicle when,
through the system's assessment of the blood alcohol content of the
person operating or attempting to operate the vehicle, the person
is determined to be under the influence of alcohol.
(b)(1) Any person whose license is revoked for the first time
pursuant to this article or the provisions of article five of this chapter is eligible to participate in the program when the person's
minimum revocation period as specified by subsection (c) of this
section has expired and the person is enrolled in or has
successfully completed the safety and treatment program or presents
proof to the Commissioner within sixty days of receiving approval
to participate by the Commissioner that he or she is enrolled in a
safety and treatment program.
(2) Any person whose license has been suspended pursuant to the
provisions of subsection (l), section two of this article for
driving a motor vehicle while under the age of twenty-one years with
an alcohol concentration in his or her blood of two hundredths of
one percent or more, by weight, but less than eight hundredths of
one percent, by weight, is eligible to participate in the program
after thirty days have elapsed from the date of the initial
suspension, during which time the suspension was actually in effect:
Provided, That in the case of a person under the age of eighteen,
the person is eligible to participate in the program after thirty
days have elapsed from the date of the initial suspension, during
which time the suspension was actually in effect or after the
person's eighteenth birthday, whichever is later. Before the
Commissioner approves a person to operate a motor vehicle equipped
with a motor vehicle alcohol test and lock system, the person must
agree to comply with the following conditions:
(A) If not already enrolled, the person will enroll in and complete the educational program provided for in subsection (c),
section three of this article at the earliest time that placement
in the educational program is available, unless good cause is
demonstrated to the Commissioner as to why placement should be
postponed;
(B) The person will pay all costs of the educational program,
any administrative costs and all costs assessed for any suspension
hearing.
(3) Notwithstanding the provisions of this section to the
contrary, no person eligible to participate in the program under
this subsection may operate a motor vehicle unless approved to do
so by the Commissioner.
(c) A person who participates in the program under subdivision
(1), subsection (b) of this section is subject to a minimum
revocation period and minimum period for the use of the ignition
interlock device as follows:
(1) For a person whose license has been revoked for a first
offense for six months pursuant to the provisions of section one-a
of this article for conviction of an offense defined in subsection
(d) or (f), section two, article five of this chapter or pursuant
to subsection (i), section two of this article, the minimum period
of revocation for participation in the test and lock program is
thirty days and the minimum period for the use of the ignition
interlock device is five months;
(2) For a person whose license has been revoked for a first
offense pursuant to section seven, article five of this chapter,
refusal to submit to a designated secondary chemical test, the
minimum period of revocation for participation in the test and lock
program is thirty days and the minimum period for the use of the
ignition interlock device is nine months;
(3) For a person whose license has been revoked for a first
offense pursuant to the provisions of section one-a of this article
for conviction of an offense defined in subsection (a), section two,
article five of this chapter or pursuant to subsection (f), section
two of this article, the minimum period of revocation before the
person is eligible for participation in the test and lock program
is twelve months and the minimum period for the use of the ignition
interlock device is two years;
(4) For a person whose license has been revoked for a first
offense pursuant to the provisions of section one-a of this article
for conviction of an offense defined in subsection (b), section two,
article five of this chapter or pursuant to subsection (g), section
two of this article, the minimum period of revocation is six months
and the minimum period for the use of the ignition interlock device
is two years;
(5) For a person whose license has been revoked for a first
offense pursuant to the provisions of section one-a of this article
for conviction of an offense defined in subsection (c), section two, article five of this chapter or pursuant to subsection (h), section
two of this article, the minimum period of revocation for
participation in the program is two months and the minimum period
for the use of the ignition interlock device is one year;
(6) For a person whose license has been revoked for a first
offense pursuant to the provisions of section one-a of this article
for conviction of an offense defined in subsection (i), section two,
article five of this chapter or pursuant to subsection (m), section
two of this article, the minimum period of revocation for
participation in the program is two months and the minimum period
for the use of the ignition interlock device is ten months;
(d) Notwithstanding any provision of the code to the contrary,
a person shall participate in the program if the person is convicted
under section two, article five of this chapter or the person's
license is revoked under section two of this article or section
seven, article five of this chapter and the person was previously
either convicted or license was revoked under any provision cited
in this subsection within the past ten years. The minimum
revocation period for a person required to participate in the
program under this subsection is one year and the minimum period for
the use of the ignition interlock device is two years, except that
the minimum revocation period for a person required to participate
because of a violation of subsection (l), section two of this
article or subsection (h), section two, article five of this chapter is two months and the minimum period of participation is one year.
The Division will add one year to the minimum period for the use of
the ignition interlock device for each additional previous
conviction or revocation within the past ten years. Any person
required to participate under this subsection must have an ignition
interlock device installed on every vehicle he or she owns or
operates.
(e) An applicant for the test and lock program may not have
been convicted of any violation of section three, article four,
chapter seventeen-b of this code for driving while the applicant's
driver's license was suspended or revoked within the six-month
period preceding the date of application for admission to the test
and lock program; such is necessary for employment purposes.
(f) Upon permitting an eligible person to participate in the
program, the Commissioner shall issue to the person, and the person
is required to exhibit on demand, a driver's license which shall
reflect that the person is restricted to the operation of a motor
vehicle which is equipped with an approved motor vehicle alcohol
test and lock system.
(g) The Commissioner may extend the minimum period of
revocation and the minimum period of participation in the program
for a person who violates the terms and conditions of participation
in the program as found in this section, or legislative rule, or any
agreement or contract between the participant and the Division or program service provider.
(h) A person whose license has been suspended pursuant to the
provisions of subsection (l), section two of this article who has
completed the educational program, and who has not violated the
terms required by the Commissioner of the person's participation in
the program, is entitled to the reinstatement of his or her driver's
license six months from the date the person is permitted to operate
a motor vehicle by the Commissioner. When a license has been
reinstated pursuant to this subsection, the records ordering the
suspension, records of any administrative hearing, records of any
blood alcohol test results and all other records pertaining to the
suspension shall be expunged by operation of law: Provided, That
a person is entitled to expungement under the provisions of this
subsection only once. The expungement shall be accomplished by
physically marking the records to show that the records have been
expunged and by securely sealing and filing the records.
Expungement has the legal effect as if the suspension never
occurred. The records may not be disclosed or made available for
inspection and in response to a request for record information, the
Commissioner shall reply that no information is available.
Information from the file may be used by the Commissioner for
research and statistical purposes so long as the use of the
information does not divulge the identity of the person.
(i) In addition to any other penalty imposed by this code, any person who operates a motor vehicle not equipped with an approved
motor vehicle alcohol test and lock system during such person's
participation in the motor vehicle alcohol test and lock program is
guilty of a misdemeanor and, upon conviction thereof, shall be
confined in the county or regional jail for a period not less than
one month nor more than six months and fined not less than one
hundred dollars nor more than five hundred dollars. Any person who
attempts to bypass the alcohol test and lock system is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in the
county or regional jail not more than six months and fined not less
than one hundred dollars nor more than one thousand dollars:
Provided, That notwithstanding any provision of this code to the
contrary, a person enrolled and participating in the test and lock
program may operate a motor vehicle solely at his or her job site,
if such is a condition of his or her employment. For the purpose
of this section, job site does not include any street or highway
open to the use of the public for purposes of vehicular traffic.
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-23. Funding for the commercial driver's license fees.
(a) Each application for a commercial driver's license shall
be accompanied by the fees provided in this section and the fees
shall be deposited in a special revolving fund for the operation by
the Division of its functions established by this chapter:
Provided, That on and after the first day of July, two thousand seven, any unexpended balance remaining in the special revolving
fund shall be transferred to the Motor Vehicle Fees Fund created
under the provisions of section twenty-one, article two, chapter
seventeen-a of this code, and all further fees collected shall be
deposited in that fund.
(b) The fee for a commercial driver's license shall be
established by the Commissioner to cover all necessary costs for
program administration. The fees for knowledge and road testing
shall also be established by the Commissioner to cover all program
costs projected to be incurred by the division.
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-12. Motorboat identification numbers required; application
for numbers; fee; displaying; reciprocity; change of
ownership; conformity with United States regulations;
records; renewal of certificate; transfer of interest,
abandonment, etc.; change of address; unauthorized
numbers; information to be furnished Assessors.
Every motorboat, as defined in this section, operating upon
public waters within the territorial limits of this state, shall be
numbered as provided in this section:
(a) The owner of each motorboat requiring numbering by this
state shall file an application for a number with the commissioner
on forms approved by the Division of Motor Vehicles. The application shall be signed by the owner of the motorboat and shall
be accompanied by a fee of fifteen dollars for a three-year
registration period if the motorboat is propelled by a motor of
three or more horsepower: Provided, That beginning on the first day
of April, two thousand, the fee for a three-year registration period
is as follows:
(1) Class A, motorboats less than sixteen feet in length,
thirty dollars;
(2) Class 1, motorboats sixteen feet or over and less than
twenty-six feet in length, forty-five dollars;
(3) Class 2, motorboats twenty-six feet or over and less than
forty feet in length, sixty dollars; and
(4) Class 3, forty feet in length or over, seventy-five
dollars.
The fee may be prorated by the commissioner for periods of less
than three years. There is no fee for motorboats propelled by
motors of less than three horsepower. All fees, including those
received under subdivision (b) of this section, shall be deposited
in the State Treasury. On and after the first day of July, two
thousand seven, all moneys deposited pursuant to this section and
credited to the Division of Motor Vehicles and fifty percent all
fees collected thereafter shall be credited to the Division of Motor
Vehicles and shall be used and paid out upon order of the
commissioner solely for the administration of the certificate of number system state road fund. The remaining fifty percent shall
be credited to the Division of Natural Resources and shall be used
and paid out upon order of the director solely for the enforcement
and safety education of the state boating system. Upon receipt of
the application in approved form, the commissioner shall enter the
application upon the records of the division and issue to the
applicant a number awarded to the motorboat and the name and address
of the owner. The owner shall paint on or attach to each side of
the bow of the motorboat the identification number in the manner
prescribed by rules of the commissioner in order that it is clearly
visible. The owner shall maintain the number in legible condition.
The certificate of number shall be pocket size and shall be
available at all times for inspection on the motorboat for which it
is issued, whenever the motorboat is in operation.
(b) In order to permit a motorboat sold to a purchaser by a
dealer to be operated pending receipt of the certificate of number
from the commissioner, the commissioner may deliver temporary
certificates of number to in turn be issued to purchasers of
motorboats to dealers, upon application by the dealer and payment
of one dollar for each temporary certificate. Every person who is
issued a temporary certificate by a dealer shall, under the
provisions of subdivision (a) of this section, apply for a
certificate of number no later than ten days from the date of
issuance of the temporary certificate. A temporary certificate expires upon receipt of the certificate, upon recision of the
contract to purchase the motorboat in question or upon the
expiration of forty days from the date of issuance, whichever occurs
first. It is unlawful for any dealer to issue any temporary
certificate knowingly containing any misstatement of fact or
knowingly to insert any false information on the face of the
temporary certificate. The commissioner may by rule prescribe
additional requirements upon the dealers and purchasers that are
consistent with the effective administration of this section.
(c) The owner of any motorboat already covered by a number in
full force and effect which has been awarded to it pursuant to then
operative federal law or a federally approved numbering system of
another state shall record the number prior to operating the
motorboat on the waters of this state in excess of the sixty-day
reciprocity period provided for in section fourteen of this article.
The recordation shall be in the manner and pursuant to procedure
required for the award of a number under subdivision (a) of this
section, except that the commissioner shall not issue an additional
or substitute number.
(d) If the ownership of a motorboat changes, the new owner
shall file a new application form with the required fee with the
commissioner who shall award a new certificate of number in the same
manner as provided for in an original award of number.
(e) In the event that an agency of the United States government has in force an overall system of identification numbering for
motorboats within the United States, the numbering system employed
pursuant to this article by the Division of Motor Vehicles shall be
in conformity with the federal system.
(f) The license is valid for a maximum period of three years.
If at the expiration of that period ownership has remained
unchanged, the commissioner shall, upon application and payment of
the proper fee, grant the owner a renewal of the certificate of
number for an additional three-year period.
(g) The owner shall furnish the commissioner notice of the
transfer of all or any part of an interest, other than the creation
of a security interest, in a motorboat numbered in this state
pursuant to subdivisions (a) and (b) of this section, or of the
destruction or abandonment of the motorboat, within fifteen days of
the transfer of interest, destruction or abandonment. The transfer,
destruction or abandonment shall terminate the certificate of number
for the motorboat, except that in the case of a transfer of a part
interest which does not affect the owner's right to operate the
motorboat, the transfer shall not terminate the certificate of
number.
(h) Any holder of a certificate of number shall notify the
commissioner within fifteen days if his or her address no longer
conforms to the address appearing on the certificate and shall, as
a part of the notification, furnish the commissioner with his or her new address. The commissioner may provide by rule for the surrender
of the certificate bearing the former address and its replacement
with a certificate bearing the new address or for the alteration of
an outstanding certificate to show the new address of the holder.
(i) An owner shall not paint, attach or otherwise display a
number other than the number awarded to a motorboat or granted
reciprocity pursuant to this article on either side of the bow of
the motorboat.
(j) The commissioner shall on or before the thirtieth day of
August of each year, forward to the Assessor of each county a list
of the names and addresses of all persons, firms and corporations
owning vessels and operating the vessels or other boats registered
with the commissioner under the provisions of this article. In
furnishing this information to each county Assessor, the
commissioner shall include information on the make and model of the
vessels and other equipment required to be registered for use by the
owner or operator of the boats under the provisions of this article:
Provided, That the commissioner is not required to furnish the
information to the Assessor if the cost price of the vessel does not
exceed five hundred dollars or the cost of the motor does not exceed
two hundred fifty dollars.
(k) No person may operate an unlicensed motorboat upon any
waters of this state without first acquiring the certificate of
number or license as required by law.
NOTE: The purpose of this bill is to consolidate certain fees
collected by the Division of Motor Vehicles state road fund and in
the newly created Motor Vehicle Fees Fund.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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