H. B. 2856
(By
Delegates Stephens, Eldridge, Moye,
Rodighiero, Manypenny, Sumner, Porter,
Rowan, Reynolds, Susman and Louisos)
[Introduced
February 26, 2009; referred to the
Committee on Roads
and Transportation then Finance.]
A BILL to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as
amended, relating to authorizing the Division of Motor Vehicles to issue a
"Choose Life" license plate displaying the "Choose Life"
logo.
Be it enacted by the Legislature of West Virginia:
That §17A-3-14 of the Code of West Virginia, 1931, as
amended, amended and reenact to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF
TITLE.
§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 $15
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 $10 for each special registration plate issued pursuant to
this subdivision, which is in addition to all other fees required by this
chapter. Except as otherwise provided herein, effective July 1, 2007, 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 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 $15 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 $10 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. All fees
collected by the division shall be deposited in 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 $10 to be deposited into 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 $10 to be deposited into 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 December 7, 1941, 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 $10 to be
deposited into 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 $15,
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 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 $10, 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 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 $10, 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 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 $10 in addition to all other fees required by this
chapter. All initial application fees collected by the division shall be
deposited into 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 $10 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 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 $10 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 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 $15
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 $10 in addition to all other fees required by this
chapter. All initial application fees collected by the division shall be
deposited in 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 $15, in addition to all other fees
required by this chapter, for the plate. All annual fees collected by the
division shall be deposited in 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 $15, 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 $10 shall
be charged in addition to all other fees required by law. This special fee is to
be collected by the division and deposited in 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 $25 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 the State Road Fund.
(C) A special application fee of $10 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 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in 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 $10 in addition to all other fees required by law.
This special fee shall be collected by the division and deposited in 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 $10, which is in addition to any other registration or
license fee required by this chapter. All application fees shall be deposited
into 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 $10 in addition to all other fees required by law.
This special fee shall be collected by the division and deposited in 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 $15 shall be charged for each
plate in addition to all other fees required by this chapter.
(C) A special application fee of $10 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 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) The division shall charge an annual fee of $15
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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) The division shall charge an annual fee of $15
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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) An annual fee of $15 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 January 15, 2005.
(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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) An annual fee of $15 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) An annual fee of $15 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 January 15,
2007.
(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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund. The design of the plate shall indicate total years of service in the
Legislature.
(C) An annual fee of $15 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 $25 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 the
State Road Fund.
(C) A special application fee of $10 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 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
January 15, 2005.
(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 $10 shall
be charged in addition to all other fees required by law. This special fee shall
be collected by the division and deposited in 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 $15, which is in addition to any other
registration or license fee required by this chapter. The division shall charge
an annual fee of $15 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 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) An annual fee of $15 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 $10 shall
be charged in addition to all other fees required by law. This special fee shall
be collected by the division and deposited in 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) An annual fee of $15 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 $10. This special fee shall be collected by the division and
deposited in the State Road Fund.
(C) An annual fee of $15 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) An annual fee of $15 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 $10 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 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 $10 to be deposited into 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 $10 in addition to all other fees required by law.
This special fee shall be collected by the division and deposited in the State
Road Fund.
(C) An annual fee of $15 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 $10. This special fee shall be collected by the division and
deposited in the State Road Fund.
(C) An annual fee of $15 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 $10. This special fee shall be deposited in the State Road
Fund.
(C) An annual fee of $15 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) An annual fee of $15 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) The division shall charge an annual fee of $15
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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) An annual fee of $15 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) An annual fee of $15 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) An annual fee of $15 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) An annual fee of $15 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 $10 in
addition to all other fees required by law. This special fee shall be collected
by the division and deposited in the State Road Fund.
(C) An annual fee of $15 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) An annual fee of $15 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 $10 in addition to all other fees required by law. This
special fee shall be deposited in the State Road Fund.
(C) An annual fee of $15 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 $10. This special fee shall be deposited in the State Road
Fund.
(C) An annual fee of $15 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) An annual fee of $15 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) An annual fee of $15 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) The division shall charge an annual fee of $15
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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in 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 $10 in addition to all other fees required by law. This
special fee shall be collected by the division and deposited in the State Road
Fund.
(C) The division shall charge an annual fee of $15
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.
(60) The division may issue a special
registration plate bearing the words "Choose Life" and the
"Choose Life Logo" as follows:
_____(A) Upon appropriate application, the division may issue a special
registration plate bearing the words "Choose Life" and the
"Choose Life Logo" for any number of vehicles titled in the name of
the qualified applicant.
_____(B) The division shall charge a special initial application fee of $10 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.
_____(C) An annual fee of $15 shall be charged for each plate in addition to all
other fees required by this chapter.
(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 $10 to be
deposited into 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.
NOTE: The purpose of this bill is to authorize the
Division of Motor Vehicles to issue a "Choose Life" license plate
displaying the "Choose Life" logo.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates new language that
would be added.