H. B. 4577

         (By Delegate Poore)

         [Introduced February 17, 2012; referred to the

         Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-3-1c, relating to requiring that protective fencing be placed along railroad lines operating adjacent to public schools; and rules.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §24-3-1c, to read as follows:

ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO REGULATIONS OF COMMISSION.

§24-3-1c. Protective fencing along railroad tracks adjacent to              schools.

    Notwithstanding any provision in this code to the contrary, a railroad company operating an active railroad line within one thousand feet of a public school in this state shall install and maintain a protective fence along both sides of the railroad line for a distance of one thousand feet in each direction from the school to deter school children from walking along the railroad tracks. The commission shall promulgate rules setting appropriate standards and guidelines to implement the provisions of this section.

    NOTE: The purpose of this bill is to require that protective fencing be placed along railroad lines operating within 1000 feet of a public school to deter school children from walking along railroad tracks.

    §24-3-1c is new; therefore, it has been completely underscored.