West Virginia 2018 Regular Session Status: Enacted

SB 307 — Declaring fundraising on state highway or roadway by volunteer fire department is not obstruction or nuisance

Last action — Chapter 222, Acts, Regular Session, 2018

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 17, 2018. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

29 added · 28 removed

Plain-language change summary

The latest version of SB 307 has broadened its provisions to include not just volunteer fire departments, but also school-sponsored groups, charities, and nonprofit organizations that conduct fundraising activities on state highways or roadways within municipalities. Crucially, these activities are exempt from being labeled as obstructions or nuisances—as long as they're done during daylight and at locations approved by local law enforcement. This change matters because it allows a wider range of organizations to engage in fundraising without facing legal issues, helping them to raise money for their causes more freely.

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NEWS RELEASES HELPFUL LINKS SB307 SUB1 « Senate Bill 307 History OTHER VERSIONS  —  Committee Substitute (2)  |  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 307 History OTHER VERSIONS  —  Committee Substitute (2)  |  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 307 By Senators Trump, Blair, Plymale, and Boso [Originating in the Committee on Transportation and Infrastructure;
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Committee Substitute for Senate Bill 307 Senators Trump, Blair, Plymale, and Boso, original sponsors [Passed March 6, 2018;
reported on January 24, 2018] A BILL to amend and reenact §17-16-1 of the Code of West Virginia, 1931, as amended, relating to declaring that fundraising conducted by a volunteer fire department on a state highway or roadway within the boundaries of a municipality is not an obstruction or nuisance.
in effect 90 days from passage]     AN ACT to amend and reenact §17-16-1 of the Code of West Virginia, 1931, as amended, relating to declaring that fundraising conducted by a volunteer fire department, school-sponsored or -approved group, bona fide charity, or nonprofit entity on a state highway or roadway within the boundaries of a municipality does not constitute an obstruction or nuisance if done during daylight hours, at signal controlled intersections requiring all vehicles to stop, or at a location approved by municipal law enforcement.
"Obstructions" defined;
“Obstructions” defined;
Such obstructions shall be considered within the bounds of any state or county-district road whenever any part thereof shall occupy any part of the right of way provided by law or acquired for road purposes, not including the additional land acquired for slopes, cuts, or fills.
Such obstructions shall be considered within the bounds of any state or county-district road whenever any part thereof shall occupy any part of the right-of-way provided by law or acquired for road purposes, not including the additional land acquired for slopes, cuts, or fills.
Fundraising, including boot drives and bucket brigades, conducted by a volunteer fire department on a state highway or roadway within the boundaries of a municipality, does not constitute an obstruction or nuisance under this chapter.
Fundraising by a volunteer fire department including boot drives and bucket brigades, and similar fund raising activities by school-approved or -sponsored groups, bona fide charitable organizations and nonprofit service organizations within the boundaries of a municipality do not constitute an obstruction or nuisance under this chapter:
Provided, That the fund raising activity is conducted during daylight hours at a signal controlled intersection, an intersection requiring all vehicles to stop, or at a location approved for such an activity by the municipal law-enforcement agency.
  NOTE:
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The purpose of this bill is to clarify that fundraising conducted by a volunteer fire department on a state highway or roadway within the boundaries of a municipality does not constitute an obstruction or a nuisance.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.
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Action History

  1. Chapter 222, Acts, Regular Session, 2018

  2. Approved by Governor 3/20/18

  3. Approved by Governor 3/20/18 - Senate Journal

  4. Approved by Governor 3/20/18 - House Journal

  5. To Governor 3/9/18 - House Journal

  6. To Governor 3/9/18

  7. House received Senate message

  8. Completed legislative action

  9. Communicated to House

  10. Senate concurred in House amendments and passed bill (Roll No. 350)

  11. House Message received

  12. Communicated to Senate

  13. Passed House (Roll No. 312)

  14. Read 3rd time

  15. On 3rd reading, Special Calendar

  16. Amendment adopted (Voice vote)

  17. Read 2nd time

  18. On 2nd reading, Special Calendar

  19. Read 1st time

  20. On 1st reading, Special Calendar

  21. Do pass

  22. To House Judiciary

  23. To Judiciary

  24. Introduced in House

  25. Ordered to House

  26. Passed Senate (Roll No. 176)

  27. Read 3rd time

  28. On 3rd reading

  29. Read 2nd time

  30. On 2nd reading

  31. Read 1st time

  32. On 1st reading

  33. Committee substitute for committee substitute reported

  34. To Judiciary

  35. Committee substitute reported, but first to Judiciary

  36. To Transportation and Infrastructure

  37. Introduced in Senate

  38. To Transportation and Infrastructure then Judiciary

  39. Filed for introduction

Sponsors

  • Boso · Cosponsor
  • Trump · Primary
  • Plymale · Cosponsor
  • Blair · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 148 not signed on

Sponsors (1)

  • Trump

Co-sponsors (3)

  • Boso
  • Plymale
  • Blair

Not signed on (148)

148 members have not signed on to this bill.

Show all 148 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 95 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 65302
Republican 26000
Democrat 4000
Total 95302
% of votes cast 95%3%0%2%
How each member voted (100)
Member Party Vote
Deem — Not Voting
Fleischauer — Nay
Rowe — Nay
Lane — Yea
Romine, C. — Yea
Romine, R. — Yea
Foster — Yea
Blair — Yea
Martin — Yea
Maynard — Yea
Sypolt — Yea
Hartman — Yea
Thompson — Yea
Nelson — Yea
Walters — Yea
Diserio — Yea
Atkinson — Yea
Bates — Yea
Brewer — Yea
Byrd — Yea
Canestraro — Yea
Caputo — Yea
Ferro — Yea
Frich — Yea
Hamrick — Yea
Harshbarger — Yea
Hicks — Yea
Hill — Yea
Hollen — Yea
Householder — Yea
Kessinger — Yea
Love — Yea
Lovejoy — Yea
Marcum — Yea
Overington — Yea
Pack — Yea
Paynter — Yea
Rodighiero — Yea
Rowan — Yea
Shott — Yea
Storch — Yea
Summers — Yea
Upson — Yea
Wagner — Yea
Westfall — Yea
Phillips — Yea
Evans, A. — Yea
Speaker Armstead — Yea
Evans, E. — Yea
Espinosa — Yea
Iaquinta — Yea
Isner — Yea
Pethtel — Yea
Wilson — Yea
Ambler — Yea
Boggs — Not Voting
Capito — Yea
Cowles — Yea
Fast — Yea
Folk — Yea
Graves — Yea
Higginbotham — Yea
Longstreth — Yea
Lynch — Yea
Miley — Yea
Moye — Yea
Pyles — Yea
Robinson — Nay
Sobonya — Yea
Sponaugle — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Stanley Adkins Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 30001
Republican 3000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
ARVON — Yea
GAUNCH — Yea
RUCKER — Yea
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
KARNES — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Not Voting
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
OJEDA — Yea
TRUMP — Yea
PALUMBO — Yea
UNGER — Yea
CLINE — Yea
PLYMALE — Yea
WELD — Yea
PREZIOSO — Yea
WOELFEL — Yea
FACEMIRE — Yea
ROMANO — Yea
MR PRESIDENT — Yea
FERNS — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea
Sarah Drennan Republican Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 307?
SB 307 is sponsored by Boso, Trump, Plymale, and Blair.
What is the current status of SB 307?
This bill has been enacted into law. Introduced January 17, 2018. Enacted.
Where can I track SB 307?
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