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Introduced Version Senate Bill 57 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 57

(By Senator Bowman)

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[Introduced January 13, 2010; referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1B-15, relating to timbering operators; requiring repair and restoration of roads; and providing civil and 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 §19-1B-15, to read as follows:
ARTICLE 1B. SEDIMENT CONTROL DURING COMMERCIAL TIMBER HARVESTING OPERATIONS.

§19-1B-15. Repair and restoration of roads; civil and criminal penalties.

(a) Effective July 1, 2010, any person conducting timbering operations who causes damages to public or private roads or rights-of-way is responsible for the repair and restoration of the public or private roads or rights-of-way. This includes any damage caused by any person severing evergreens grown and severed for the traditional Christmas season.
The director shall promulgate legislative rules in accordance with article three, chapter twenty-nine-a of this code, which provide the procedure by which any operator may be held responsible for the repair and restoration of public or private roads or rights-of-way.
Any person who knowingly or willingly fail to comply with the requirement to repair and restore damage to public or private roads or rights-of-way is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 and not more than $1,000 for each violation and shall be required to post a bond with sufficient surety to guarantee the proper and prompt repair and restoration of public or private roads or rights-of-way damaged while in the course of timbering operations.



NOTE: The purpose of this bill is to require timbering operators to repair and restore roads and rights-of-way damaged by their operations. It also provides civil and criminal penalties.

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