COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 335

(By Senators Beach and Prezioso)

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[Originating in the Committee on the Judiciary;

reported February 16, 2011.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-5f, relating to authorizing Class I and Class II municipalities to regulate taxicabs and taxi stands by ordinance.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §8-12-5f, to read as follows:

ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.

§8-12-5f. Regulation of taxicabs and taxi stands.

    (a) Notwithstanding the provisions of article two, chapter twenty-four-a of this code, the governing body of a Class I or Class II municipality may, by ordinance, regulate taxicabs and taxi stands within the corporate limits of the municipality and five miles beyond the corporate limits of the municipality if taxicabs serve the area.

    (b) The regulations shall be limited to the following:

    (1) Requirements for the condition of the taxicabs; 

    (2) The location of taxi stands;

    (3) Background checks for taxi drivers;

    (4) Drug Testing for taxi drivers;

    (5) Violations of regulations adopted pursuant to this section for which citations may be issued and penalties imposed;

    (6) The requirement that a taxicab company place a sign, visible to passengers, in the taxicab which contains a telephone number passengers may call to make complaints about the taxicab company or its taxi drivers; and

(7) Requirements for safety inspections of the taxicabs.

    (c) This section is not intended to increase the number of operators or owners of taxicabs and taxi stands.