H. B. 2033
(By Delegate McGraw)
[Introduced January 14, 1998
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section one-a, article two, chapter
twenty-four of the code of West Virginia, one thousand nine
hundred thirty-one, 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 section one-a, article two, chapter twenty-four of the
code of West Virginia, one thousand nine hundred thirty-one, 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) Any 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 $1,000 fine for the violation of any rule
promulgated by the public service commission and if the railroad
company has not corrected the violation within fifteen days,
double the fine everyday thereafter that the railroad company
fails to comply.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.