SB 722 — Relating to special license plates for public and private nonprofit transit providers

NEWS RELEASES HELPFUL LINKS IntroducedSB722 VersionSUB1 « Senate Bill 722 History OTHER VERSIONS  —  CommitteeIntroduced SubstituteVersion (1)  |   |  Email Key:

Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 722 By Senators Boley, Azinger, Baldwin, Clements, Cline, Facemire, Hamilton, Ihlenfeld, Jeffries, Lindsay, Palumbo, Pitsenbarger, Plymale, Romano, Smith, Swope, Tarr, Unger, Hardesty, Prezioso, and StollingsStollings, [Introducedoriginal Februarysponsors 6,[Originating 2020;in the Committee on Transportation and Infrastructure;

referredreported toon theFebruary Committee19, on2020] Transportation  and  Infrastructure] A BILL to amend and reenact §11-15-3c of the Code of West Virginia, 1931, as amended;

and to amend and reenact §17A-3-23 of said code, all relating to specialmotor licensevehicles; plates for vehicles titled in the name of the Division of Public Transit or purchased by the Division of Public Transit for public use;

and exempting thosecertain vehicles operated in the name of a public transit provider or nonprofit transit provider from motor vehicle sales tax.tax;

and authorizing special license plates for certain vehicles titled in the name of a public transit provider, private nonprofit transit provider, or certain nonprofit entities.

of this code to the contrary, the tax imposed by this section shall apply to all motor vehicles,vehicles used as defined by §11-15A-1 of this code, within this state, regardless of whether the vehicle was purchased in a state other than West Virginia.

of this code to the contrary, for purposes of this section, “sale”, “sales”“sales”, or “selling” means any transfer or lease of the possession or ownership of a motor vehicle for consideration, including isolated transactions between individuals not being made in the ordinary course of repeated and successive business and also including casual and occasional sales between individuals not conducted in a repeated manner or in the ordinary course of repetitive and successive transactions.

— For purposes of this section, “motor vehicle” means every propellable device in or upon which any person or property is or may be transported or drawn upon a highwayhighway, including, but not limited to:

trucks, truck tractorstractors, and road tractors having a weight of less than 55,000 pounds;

trailers, semitrailers, full trailers, pole trailerstrailers, and converter gear having a gross weight of less than two2,000 thousand pounds;

and motorboat trailers, fold-down camping trailers, traveling trailers, house trailerstrailers, and motor homes;

trucks, truck tractorstractors, and road tractors having a gross weight of 55,000 pounds or more;

trailers, semitrailers, full trailers, pole trailerstrailers, and converter gear having weight of 2,000 pounds or greater:

Class B trucks, truck tractorstractors, and road tractors registered at a gross weight of 55,000 pounds or more;

and Class C trailers, semitrailers, full trailers, pole trailerstrailers, and converter gear having weight of 2,000 pounds or greater does not subject the sale or purchase of the vehicle to the consumers sales and service tax imposed by §11-15-3 of this code.

(2) The tax imposed by this section does not apply where the motor vehicle has been acquired by a corporation, partnershippartnership, or limited liability company from another corporation, partnershippartnership, or limited liability company that is a member of the same controlled group and the entity transferring the motor vehicle has previously paid the tax on that motor vehicle imposed by this section.

For the purposes of this section, control“control” means ownership, directly or indirectly, of stock or equity interests possessing 50 percent or more of the total combined voting power of all classes of the stock of a corporation or equity interests of a partnership or limited liability company entitled to vote or ownership, directly or indirectly, of stock or equity interests possessing 50 percent or more of the value of the corporation, partnershippartnership, or limited liability company.

(3) The tax imposed by this section does not apply where a motor vehicle has been acquired by a senior citizen service organization which is exempt from the payment of income taxes under the United States Internal Revenue Code, Title 26 U.

and (D) Makes application to the Division of Motor Vehicles for a title and registration and pays all other fees required by chapter 17A of this code within 30 days of establishing residency in this state.state as prescribed in subsection (a), section one-a of this article §17A-3-1a(a) of this code.

as(9) prescribedOn inand subsectionafter (a),January 1, 2009, the tax imposed by this section one-adoes not apply to Class B trucks, truck tractors, and road tractors registered at a gross weight of this55,000 articlepounds §17A-3-1a(a)or more or to Class C trailers, semitrailers, full trailers, pole trailers, and converter gear having a weight of this2,000 code.pounds or greater.

(9)If Onan owner of a vehicle has previously titled the vehicle at a declared gross weight of 55,000 pounds or more and afterthe Januarytitle 1,was 2009,issued without the payment of the tax imposed by this sectionsection, doesthen notbefore applythe toowner Classmay Bobtain trucks,registration truckfor tractorsthe andvehicle road tractors registered at a gross weight ofless than 55,000 poundspounds, orthe moreowner orshall surrender to Classthe Ccommissioner trailers,the semitrailers,exempted fullregistration, trailers,the poleexempted trailerscertificate of title, and converterpay gearthe havingtax aimposed weightby ofthis 2,000section poundsbased orupon greater.the current market value of the vehicle.

If an owner of a vehicle has previously titled the vehicle at a declared gross weight of 55,000 pounds or more and the title was issued without the payment of the tax imposed by this section, then before the owner may obtain registration for the vehicle at a gross weight less than 55,000 pounds, the owner shall surrender to the commissioner the exempted registration, the exempted certificate of title and pay the tax imposed by this section based upon the current market value of the vehicle.

— Notwithstanding any provision of this article, §11-15A-1 et seq., and §11-10-1 et seq.

and §11-10-1 et seq.

of this code to the contrary, all taxes collected pursuant to this section, after deducting the amount of any refunds lawfully paid, shall be deposited in the State Road Fund in the State Treasury and expended by the Commissioner of the Division of Highways for design, maintenancemaintenance, and construction of roads in the state highway system.

— Notwithstanding any provision of this article, §11-15A-1 et seq., and §11-10-1 et seq.

and §11-10-1 et seq.

Registration plates to state, county, municipalmunicipal, and other governmental vehicles;

(a) Any motor vehicle designed to carry passengers, owned or leased by the State of West Virginia, or any of its departments, bureaus, commissions, or institutions, except vehicles used by the Governor, Treasurer, not to exceed eight vehicles operated by investigators of the Office of the Attorney General, three vehicles per elected office of the Board of Public Works not otherwise specified, vehicles operated by the State Police, not to exceed five vehicles operated by the office of the Secretary of Military Affairs and Public Safety, not to exceed five vehicles operated by the Division of Homeland Security and Emergency Management, vehicles operated by naturalNatural resourcesResources police officers of the Division of Natural Resources, not to exceed 10 vehicles operated by the arson investigators of the Officeoffice of the State Fire Marshal, not to exceed two vehicles operated by the Division of Protective Services, not to exceed 16 vehicles operated by inspectors of the Officeoffice of the Alcohol Beverage Control Commissioner, vehicles operated by the West Virginia Wing of the Civil Air Patrol, and vehicles operated by probation officers employed under the Supreme Court of Appeals may not be operated or driven by any person unless it has displayed and attached to the front thereof, in the same manner as regular motor vehicle registration plates are attached, a plate of the same size as the regular registration plate, with white lettering on a green background bearing the words “West Virginia” in one line and the words “State Car” in another line, and the lettering for the words “State Car” shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight: Provided, That beginning January 1, 2019, state vehicle license plates shall be gold with blue lettering.

The vehicle shall also have attached to the rear a plate bearing a number and any other words and figures as the Commissioner of the Division of Motor Vehicles shall prescribe.

(d) Registration plates issued to a city or municipalitymunicipal law-enforcement department shall include blue lettering on a white background with the words “West Virginia” on top of the plate and shall be further designed by the commissioner to include a law-enforcement shield together with other insignia or lettering sufficient to identify the motor vehicle as a municipal law-enforcement department motor vehicle.

(k) The commissioner may issue a maximum of 10 Class A license plates to the Division of Natural Resources for use by naturalNatural resourcesResources police officers.

The commissioner shall designate the color and design of the registration plates to be displayed on the front and the rear of all other state-owned vehicles owned by the Division of Natural Resources and operated by naturalNatural resourcesResources police officers.

(q) The Commissioner of the Division of Motor Vehicles shall have a sufficient number of both front and rear plates produced to attach to all state-owned or leased vehicles.

The naming convention adopted shall be consistent with the naming convention adopted for the centralized accounting system as maintained by the Enterprise Resource Planning Board for the purpose of creating and maintaining an accurate and up to date up-to-date inventory of the state vehicle fleet.

Provided, That no state vehicle license plate shall be issued unless the spending unit has provided an affirmative statement that the vehicle is a state asset recorded in the central accounting system as maintained by the Enterprise Resource Planning Board, and the same has been verified by the commissioner, as required by §17A-3-25 of this code. When new registrations are issued pursuant to this article and for subsequent, nonClassnon-Class A registrations of statestate-owned owned or leased vehicles, the state vehicle registration plate and certificate shall be valid for a period of not more than 24 months and shall be required to be renewed every two years.

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