Transferring authority for racing events from county commissions to DOT

SB 752 Text

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Senate Bill 752 History

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WEST virginia legislature
2026 regular session
Committee Substitute
for
Senate Bill 752
By Senator M. Maynard
[Reported February 17, 2026, from the Committee on Transportation and Infrastructure]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §17-2-3; and to repeal §7-1-3qq, relating to racing events; transferring authority for racing events from county commissions to Department of Transportation; authorizing Department of Transportation to permit motor vehicle racing events and impose permit fee; defining terms; imposing permit issuance requirements; making certain laws inapplicable to racing events; and setting forth liability and indemnification provisions.
Be it enacted by the Legislature of West Virginia:

CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3qq. Authorizing county commissions to hold motor vehicle racing events on public roads, municipal streets, or airports.
[Repealed.]

CHAPTER 17. ROADS AND HIGHWAYS.

ARTICLE 2. Department of Transportation.

§17-2-3. Authorizing Department of Transportation to permit motor vehicle racing events.
(a) The Department of Transportation is hereby authorized to issue a permit to any motorsports sanctioning body to organize and hold a motor vehicle racing event on public roads, to impose permit requirements, and to charge a permit fee for deposit into the State Road Fund in an amount designed to reimburse the department for administrative costs related to the permit issuance. A person may not conduct a racing event on public roads unless the person has been issued a permit under this section for such racing event.
(b) As used in this section:
(1) "Department" means the West Virginia Department of Transportation and includes the Division of Highways;
(2) "Motor vehicle" means and includes any mechanical device for the conveyance, drawing, or other transportation of persons or property upon the public roads, whether operated on wheels or runners or by other means, except those propelled or drawn by human power or those used exclusively upon rails;
(3) "Person" means an individual, group, or legal entity;
(4) "Permittee" means any person who obtained a permit as authorized in this section or who applied for such a permit;
(5) "Public road" means a road under the control of the department, any road owned by a municipality for which a permittee has obtained written permission of the governing body of such municipality, any road owned by a county for which a permittee has obtained written permission of the county commission of such county, and any part of an airport for which a permittee has obtained written permission of the applicable airport and regional airport authority if such use does not violate federal law, but it
excludes any road
if the department determines that the use of the road for a racing event would jeopardize any funding;
(6) "Racing event" means a motor vehicle race which is sanctioned by a nationally or internationally recognized motorsports sanctioning body or racing organization and includes preparation, practice, qualification for such a race, and the racing event.
(c) Before the department may issue any racing event permit under this section, the department shall be assured by the permittee that the person applying for the permit has:
(1) Adequate insurance to pay damages for potential loss or injury to any person or property because of the racing event;
(2) Ensured for adequate security, emergency services, and necessary facilities for the racing event, including names and phone numbers of emergency and law-enforcement contacts overseeing the racing event;
(3) Demonstrated an ability to protect the health, safety, and welfare of the public, event participants, and property during the racing event;
(4) Reasonable plans for the implementation of the temporary closure or obstruction of public roads, the rerouting of pedestrian and vehicular traffic, and traffic control;
(5) Obtained any permissions from municipalities, counties, airports, and airport authorities as may be required under this section; and
(6) Agreed to any additional permit requirement that the department may impose.
(d) The provisions related to road obstructions and public nuisance as set forth in §17-16-1 or related to speed restrictions set forth in §17C-6-1
et seq.
do not apply to an authorized racing event held under this section.
(e) The department shall not be liable for any damage or injury that may result from a racing event. The permittee shall indemnify and hold harmless the state and the department, including any of its appointees, employees, and contractors, from all suits, actions, or claims of any character due to any injuries or damage received or sustained by any person or property related to any racing event held under this section.

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