H. B. 3128


(By Mr. Speaker, Mr. Kiss, and Delegates Wills,

Staton, Webster, Amores and Mezzatesta)


[Introduced March 30, 2001; referred to the

Committee on the Judiciary.]




A BILL to amend article two-c, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six, relating to exempting domestic violence shelters from zoning restrictions, under certain circumstances.

Be it enacted by the Legislature of West Virginia:

That article two-c, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section six, to read as follows:

ARTICLE 2C. DOMESTIC VIOLENCE ACT.

§48-2C-6. Domestic violence shelters not in violation of zoning rules and resolutions as to use.

Domestic violence shelters established pursuant to section one, article two-c, chapter forty-eight of this code, called the domestic violence act, shall not be subject to the enforcement of municipal zoning ordinances on the basis of being in noncompliance or variance with a particular use district: Provided, That as to all other provisions of those ordinances, the ordinances will control.



This section is new; therefore, Strike-throughs and underscoring have been omitted.