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.