H. B. 4251

         (By Delegate Lawrence, Fragale, Jones,

         Barill, Morgan, Hartman, Williams, Pethtel,

              Ellem, Hamilton and Poore)

         [Introduced January 21, 2014; referred to the

         Committee on the Judiciary.]

A BILL to amend and reenact §8-14-5a of the Code of West Virginia, 1931, as amended, relating to prohibiting the ticketing of cars parked at broken meters.

Be it enacted by the Legislature of West Virginia:

    That §8-14-5a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS, AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE AND PARKING LOT OR PARKING BUILDING POLICE OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE DEPARTMENTS.

§8-14-5a. Parking enforcement officers.

    (a) A municipality or parking authority created by a municipality may employ parking enforcement officers, whose sole duties are to patrol and to enforce municipal parking ordinances upon or within designated municipal parking areas and upon municipal streets. Parking enforcement officers may sign complaints and issue citations.

    (b) Parking enforcement officers shall:

    (1) Be in uniform;

    (2) Display a badge or other sign of authority; and

    (3) Serve at the will and pleasure of their employer.

    (c) The governing body of the municipality may require the parking enforcement officers to give a surety bond, payable to the municipality. The governing body shall set the amount of the bond conditioned for the faithful performance of their duties. Nothing in this section may be construed to mean that parking enforcement officers come within the civil service provisions of this article or the policemen's pension and relief fund provisions of article twenty-two of this chapter.

    (d) No parking enforcement officers or any other law- enforcement officials may ticket a vehicle parked at a broken parking meter, unless the municipality clearly marks the meter with a sign prohibiting parking.

    NOTE: The purpose of this bill is to prohibit the ticketing of vehicles parked at broken parking meters.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.