Senate Bill No. 667
(By Senator Oliverio)
[Originating in the Committee on the Judiciary;
reported March 31, 2009.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §7-1-3pp, relating to
authorizing county commissions to enact ordinances relating to
prohibiting panhandling and solicitation; defining
panhandling; and providing maximum criminal penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-6-26, to read as
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3pp. Authority to enact ordinance relating to panhandling.
(a) In addition to all other powers and duties now conferred
by law upon county commissions, such commissions are hereby
authorized, by order duly entered of record, to adopt an ordinance
which regulates and prohibits forms of panhandling. Provided
whenever the county ordinance enacted hereunder conflicts with that
of any municipality, the municipal ordinance shall prevail.
Any magistrate court shall have concurrent jurisdiction with
the circuit court of a county which has enacted a panhandling ordinance.
(b) As used in this section, "panhandling" means to solicit
others on a street or other public place by requesting an immediate
donation of money or anything of value or by offering an item of
little or no monetary value in exchange for money or another
gratuity under circumstances which would cause a reasonable person
to understand that the transaction is one seeking a donation.
(c) Any person convicted of a violation of any ordinance
enacted pursuant to this section shall be guilty of a misdemeanor
and for any first offense may be fined not more than $100. Upon a
second or subsequent violation a person may be fined not more than