WEST virginia legislature

2025 regular session

Committee Substitute

for

Senate Bill 573

By Senators Queen, Rose, Taylor, Rucker, Maynard, and Thorne

[Reported March 4, 2025, from the Committee on Transportation and Infrastructure]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §1-8-1, relating to restrictions on powers of state agencies and political subdivisions; prohibiting state agencies and political subdivisions from restricting use, purchase, or sale of motor vehicles based on energy or power source; defining terms; and providing exceptions.

Be it enacted by the Legislature of West Virginia:

ARTICLE 8. RESTRICTIONS ON POWERS OF STATE AGENCIES AND POLITICAL SUBDIVISIONS.

§1-8-1. Restrictions of motor vehicles based on power source prohibited.

(a) No state agency or political subdivision of this state may restrict the use, purchase, or sale of motor vehicles based on the energy source used to:

(1) Power the motor vehicle for propulsion; or

(2) Power other functions of the motor vehicle.

(b) For purposes of this section:

(1) “Motor vehicle" means a self-propelled device designed to transport persons or property from one place to another and includes, but is not limited to, a “farm tractor” or “implement of husbandry” as defined in §17A-1-1 of this code, but excludes “electric bicycles” as defined in §17C-1-70 of this code;

(2) “State agency” means any authority, board, department, instrumentality, institution, agency, or other unit of state government; and

(3) “Use” refers to the use on a publicly maintained right-of-way that is open to the use of the public for purposes of vehicular travel.  

(c) This section does not affect or invalidate any rule or policy established by a state agency or a political subdivision of this state related to the use, purchase, or sale of motor vehicles by that state agency or political subdivision.