West Virginia 2024 Regular Session

West Virginia Senate Bill SB766

Introduced
2/13/24  
Refer
2/13/24  
Engrossed
2/28/24  

Caption

Relieving railroad companies of liability during parades

Impact

If enacted, SB766 will modify existing liability frameworks surrounding railroad operations, particularly in the context of public events like parades. It emphasizes the importance of public gatherings but also indicates a shift in responsibility away from railroad companies during such times, potentially reducing the risks they face during community celebrations. This change could affect how local governments and event organizers plan for the involvement of railroads in parades, as they will need to ensure that proper measures are taken to avoid blocking crossings.

Summary

Senate Bill 766 aims to relieve railroad companies of any liability for injuries incurred by individuals using a railroad crossing during a lawful parade. The bill seeks to clarify that if a train is stopped during such an event and does not block or impede access to the crossing, the railroad company cannot be held responsible for injuries that may occur. This provision is structured to safeguard railroad companies from potential lawsuits while facilitating the safe conduct of parades that might need the involvement of railroad traffic.

Sentiment

Overall, the sentiment surrounding SB766 appears to be supportive among legislators, as indicated by a unanimous voting outcome with 33 yeas and no nays on February 28, 2024. This strong consensus suggests that lawmakers believe the measure will enhance the safety of parades without compromising the operational integrity of railroad companies. However, while proponents highlight the need for liability relief, there may be concerns among safety advocates about ensuring that public crossings are adequately maintained and monitored during such events.

Contention

Despite broad support, there are notable points of contention regarding how this bill balances public safety with the interests of railroad companies. Critics might argue that by relieving the companies of liability, there may be less incentive for them to ensure safety at crossings during events like parades, leading to potential risks for the public. The bill's implications for accountability and oversight during parades might be discussed more widely, particularly how to ensure that public safety is prioritized while still accommodating the operational needs of railroads.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3395

To require railroad companies to provide alternative entry and exit ways

WV HB3059

Give PSC authority to fine Class I railroads for safety and operational violations.

WV SB572

Reforming cause of action for public nuisance

WV HB2527

Relating to revising the criminal code generally

WV HB3170

Prohibiting municipalities in their permitting from charging other government entities for rights of way within municipal boundaries that are at least fifteen feet above ground level at their lowest point

WV SB531

Uniform Limited Liability Company Act

WV HB3354

To authorize municipalities to combine operations with other municipalities and counties to provide governmental services

WV HB2837

Relating to intentionally fleeing or attempting to flee in a vehicle from a law-enforcement officer, probation officer, or parole officer

WV HB2957

Create camera assisted enforcement of speeding in active work zones

WV HB2246

Relating to unlawfully using electronic communication devices while driving

Similar Bills

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NJ AR68

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AR HB2004

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