SENATE CONCURRENT RESOLUTION NO. 41

(By Senators Love, Ross, Ball, Dittmar, Oliverio,

Schoonover, Wiedebusch, Buckalew and McKenzie)


[Originating in the Committee on Transportation]


Requesting the joint committee on government and finance and the division of highways to make a study of effective procedures for authorizing the commissioner of highways to take emergency action to open roads not owned or maintained by the state and commonly known as orphan roads.

Whereas, Many citizens of West Virginia reside on roads not owned or maintained by the state and otherwise known as orphan roads; and
Whereas, Inclement weather and circumstances arising from acts of God, often placed such citizens in harm's way; and
Whereas, Access for emergency rescue vehicles, medical care and other sources of assistance, including friends and family, may be limited or denied because of hazardous conditions; and
Whereas, Current procedures for initiating emergency action to open orphan roads for emergency assistance is sometimes cumbersome and may be subject to refinement; and
Whereas, The division of highways has expressed willingness to examine current procedures seeking ways to facilitate assistance in emergency conditions; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance and the division of highways are hereby jointly requested to conduct a study of current procedures for emergency access to orphan roads and to develop legislation or legislative rules, or both, authorizing the division of highways to take appropriate action to access orphan roads under emergency conditions; and, be it
Further Resolved, That the clerk of the Senate is directed to send copies of this resolution to the division of highways; and, be it
Further Resolved, That the joint committee on government and finance report to the regular session of the Legislature, 1998, on its findings, conclusions and recommendations, together with drafts of any legislation or legislative rules, or both, necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation or legislative rules, or both, be paid from legislative appropriations to the joint committee on government and finance.