H. B. 4288


(By Delegates Tabb, Wysong, Doyle and Beach)
[Introduced January 31, 2006; referred to the
Committee on Roads and Transportation then the Judiciary.]





A BILL to amend and reenact §17C-10-6 of the Code of West Virginia, 1931, as amended, relating to prohibiting soliciting funds in roadways; and providing for an exemption for nonprofit organizations with permits from county commissions.

Be it enacted by the Legislature of West Virginia:
That §17C-10-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 10. PEDESTRIANS' RIGHTS AND DUTIES.
§17C-10-6. Pedestrians on roadways; soliciting rides.

(a) Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
(b) Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.
(c) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle.
(d) No person may stand in a roadway outside a municipality for the purpose of soliciting money from the driver or passenger of any motor vehicle traveling along the roadway without a permit issued by the county commission. The county commission of any county may issue a permit allowing only nonprofit organizations within the county to stand in a roadway to solicit money from motor vehicles traveling along the roadway. The permit shall specify the exact times, the names of all persons and the location of the solicitation. The permit requires the nonprofit organization to certify that only adults will be involved in the solicitation. The issuance of a permit by the county commission is not an acknowledgment of liability on the part of the county commission for any injury to any person involved in the solicitation.



NOTE: The purpose of this bill is to prohibit soliciting funds in roadways; and providing for an exemption for nonprofit organizations with permits from county commissions.

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