SB 667 Text

COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 667
(By Senator Oliverio)
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[Originating in the Committee on the Judiciary;
reported March 31, 2009.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3pp, relating to authorizing county commissions to enact ordinances relating to prohibiting panhandling and solicitation; defining panhandling; and providing maximum criminal penalties.

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 §61-6-26, to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3pp. Authority to enact ordinance relating to panhandling.

(a) In addition to all other powers and duties now conferred by law upon county commissions, such commissions are hereby authorized, by order duly entered of record, to adopt an ordinance which regulates and prohibits forms of panhandling. Provided, That whenever the county ordinance enacted hereunder conflicts with that of any municipality, the municipal ordinance shall prevail.
Any magistrate court shall have concurrent jurisdiction with the circuit court of a county which has enacted a panhandling ordinance.
(b) As used in this section, "panhandling" means to solicit others on a street or other public place by requesting an immediate donation of money or anything of value or by offering an item of little or no monetary value in exchange for money or another gratuity under circumstances which would cause a reasonable person to understand that the transaction is one seeking a donation.
(c) Any person convicted of a violation of any ordinance enacted pursuant to this section shall be guilty of a misdemeanor and for any first offense may be fined not more than $100. Upon a second or subsequent violation a person may be fined not more than $1,000.

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