Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
      2024 REGULAR SESSION
                  Introduced House Bill 4853
                By Delegate C. Pritt [Introduced January 17, 2024; Referred to the Committee on Political Subdivisions then Technology and Infrastructure]
     Intr HB                                           2024R1632
1    A BILL to amend and reenact §17F-1-3 of the Code of West Virginia, 1931, as amended, relating
2              to regulation of all-terrain vehicles and removing the authority of the governing body of a
3              municipal or county commission to prohibit the operation of all-terrain vehicles on streets in
4              municipalities or county roads.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE              1.         REGULATION                  OF        ALL-TERRAIN                VEHICLES.
     §17F-1-3. Local government authority to regulate.
1              Notwithstanding any provision of this article to the contrary:
2              (1) The governing body of a municipality may regulate in any manner or prohibit by lawfully
3    enacted ordinance, the operation of all-terrain vehicles upon any street, road or avenue within the
4    municipal corporate limits.
5              (2) Homeowner associations may petition the county commission of the county in which
6    the area regulated by the homeowner association is located for an ordinance to regulate or prohibit
7    the operation of all-terrain vehicles upon any street, road or avenue within the area regulated by
8    the homeowner association. County commissions are hereby authorized, upon receipt of a
9    petition authorized by the provisions of this section, to enact an ordinance regulating or prohibiting
10   the operation of all-terrain vehicles.
11             (3) The county commission of any county which has in effect and is operating under a
12   countywide comprehensive plan may by lawfully enacted ordinance regulate or prohibit the
13   operation of all-terrain vehicles on any road in the county, except interstate highways: Provided,
14   That any county which enacts any such ordinance shall notify the West Virginia State Police and
15   all law-enforcement agencies in the county of its action in writing, together with a copy of the
16   ordinance.
               NOTE: The purpose of this bill is to remove the authority of the governing body of a municipal or county commission to prohibit the operation of all-terrain vehicles on streets in
               municipalities or county roads.
               Strike-throughs indicate language that would be stricken from a heading or the present law
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Intr HB                                       2024R1632
          and underscoring indicates new language that would be added.
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Statutes affected: 
Introduced Version: 17F-1-3