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Introduced Version - Originating in Committee Senate Concurrent Resolution 55 History

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SENATE CONCURRENT RESOLUTION NO. 55

(By Senators Kessler, Browning, Foster, Jenkins, Laird, Oliverio, Palumbo, Snyder, Stollings, Williams, Yost, Deem and Hall)

[Originating in the Committee on the Judiciary]


Requesting the Joint Committee on Government and Finance study the advisability of enacting legislation regulating walkways along railroads where railroad employees are regularly required to walk.

Whereas, Over the last several years numerous bills have been introduced which would regulate walkways along railroads where employees must regularly walk; and
Whereas, A legal question exists as to whether such regulation is federally preempted; and
Whereas, Decisions of various United States Courts of Appeal are split on the issue; and
Whereas, The disagreement between the opinions of the various United States Circuit Court of Appeals may be resolved by the United States Supreme Court within the next one to two years; and
Whereas, Should the United States Supreme Court rule that regulation of walkways is not preempted by federal law, the Legislature might desire to regulate in this area; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the advisability of enacting legislation regulating walkways along railroads where railroad employees are regularly required to walk; and, be it
Further Resolved, That the West Virginia Public Service Commission shall undertake a comprehensive study on the advisability of regulating railroad walkway construction and maintenance, should the United States Supreme Court allow it, and to report its results to the Joint Committee on Government and Finance before the first day of the 2010 regular session of the Legislature; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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