Bill Text: WV HB4343 | 2022 | Regular Session | Introduced
Bill Title: Relating to renewal of registrations by sheriffs by establishing that registration renewal is discretionary
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-15 - To House Government Organization [HB4343 Detail]
Download: West_Virginia-2022-HB4343-Introduced.html
WEST virginia legislature
2022 regular session
Introduced
House Bill 4343
By Delegate Linville
[By Request of the Division of Motor Vehicles]
[Introduced January 24, 2022;
Referred
to the Committee on Technology and Infrastructure then Government Organization]
A BILL to amend and reenact §17A-3-17 of the Code of West Virginia, 1931, as amended, relating to renewal of registrations by sheriffs by establishing that registration renewal is discretionary; establishing that a sheriff may renew any vehicle registration type authorized by the division; increasing the sheriff’s service fee by one dollar; and establishing that the division does not have to verify property taxes for any county that does not renew vehicle registration.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.
§17A-3-17. Application for and renewal of registration; sheriffs authorized to issue renewals of registration for certain vehicles.
(a) Application for renewal of a vehicle registration shall be made by the vehicle owner by proper application and payment of taxes and registration fees provided by law.
(b) The division may
receive applications for renewal of any vehicle registration and each sheriff shall
may receive applications from residents in his or her county for renewal
of any Class A or G vehicle registration of a type authorized by the
division. The division and each sheriff shall issue the renewals of
registration each receives, respectively, in accordance with all of the
provisions in this article pertaining to renewal of vehicle registration
including, but not limited to, the payment of the taxes and fees required
thereunder.
(c) Each sheriff shall
charge a service fee of one dollar two dollars for each renewal of
a Class A or G vehicle registration he or she issues. Effective the
first day of July, one thousand nine hundred ninety-eight The
sheriff shall pay one half of this fee into the county general fund. The
sheriff shall pay the remaining one half of this fee into the Deputy Sheriff
Retirement Fund created in §7-14d-6 of this code.
(d) On the first day of
each month, each sheriff shall pay over to the commissioner all fees he or she
collected during the preceding month for renewal of Class A and G
vehicle registrations, except his or her service fees. The payment shall be
accompanied by a report showing the name of the county, the name and address of
the person who obtained the registration and paid the registration fee
therefor, the vehicle registered, the registration number, the date the
registration was issued, the signature of the sheriff and any other information
the commissioner may reasonably require in order to maintain the functions and
records of the department division. The commissioner shall
deposit all fees he or she receives from the sheriffs for renewal of Class A
and G vehicle registrations in the State Treasury to the credit of the
State Road Fund as provided in §17A-2-21 of this code.
(e) The commissioner shall provide each sheriff with the necessary forms, supplies, programs, access to systems, registration plates, registration decals and instructions necessary to enable him or her to perform the duties and functions specified in this section.
(f) No person may display upon a vehicle a new registration plate or registration decal prior to the first day of the month preceding the new registration period.
(g) Any sheriff of a county that chooses not to renew registration of a type authorized by the division for renewal in subsection (b) may not be compelled to perform the duties and functions specified in this section. Notwithstanding the provisions of §17A-3-3a of this code, a vehicle owner residing in a county where the sheriff chooses not to renew registration of a type authorized by the division for renewal shall not be required to present a property tax receipt to the division to renew the registration.
NOTE: The purpose of this bill is to grant discretion to sheriffs to participate in vehicle registration renewal instead of mandating participation. It will also remove the requirement of a vehicle owner to provide proof of property tax if the owner resides in a county that chooses not to renew registration.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.