H. B. 2871
(By Delegates Hrutkay and Manchin)
[Introduced January 9, 2008; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §24-2-1a of the Code of West Virginia,
1931, as amended, relating to imposing upon a railroad company
a one thousand dollar fine for violating any rule promulgated
by the Public Service Commission and if not corrected within
fifteen days, doubling the amount of the fine for every day of
noncompliance thereafter.
Be it enacted by the Legislature of West Virginia:
That §24-2-1a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.
§24-2-1a. Authority of commission to enter and inspect railroad
property.
(a) The commission or its duly authorized representatives are
hereby authorized and empowered to enter and inspect any property,
premise or place, owned or operated by a railroad, whether fixed facilities or rolling stock, including, but not limited to,
locomotives, cars and cabooses, stationary or in motion, at any
reasonable time for the purpose of ascertaining the state of
compliance with this article and rules
and regulations in force
pursuant thereto. No person shall refuse entry or access to the
commission or any authorized representative of the commission who
requests entry for purposes of inspection, and who presents
appropriate credentials; nor shall any person obstruct, hamper or
interfere with any such inspection.
(b) A railroad company that violates any rule promulgated by
the Public Service Commission shall be fined one thousand dollars.
If the violation is not corrected within fifteen days after the
initial fine is imposed, the total amount of the fine shall double
each day thereafter that the railroad company fails to comply with
the rule.
NOTE: The purpose of this bill is to impose upon a railroad
company a one thousand dollar fine for violating any rule
promulgated by the Public Service Commission and if not corrected
within fifteen days, doubling the amount of the fine for every day
of noncompliance thereafter.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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