WEST virginia legislature

2025 regular session

Enrolled

Committee Substitute

for

Senate Bill 573

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

[Passed April 4, 2025; in effect 90 days from passage (July 3, 2025)]

AN ACT 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.

The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the Senate

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Clerk of the House of Delegates

Originated in the Senate.

In effect 90 days from passage.

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President of the Senate

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Speaker of the House of Delegates

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The within is ................................................ this the...........................................

Day of ..........................................................................................................., 2025.

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Governor