SB766 HFA Fast 3-8 #2 Revised

McMinn 3919

Delegate Fast moved to amend SB766 HFA Holstein #1 Revised on page 3, section 17-4-8, line 20, by striking subsection (c) and inserting in lieu thereof:

(c) (1) Within the several counties and municipalities of West Virginia, but on few occasions during a given year, lawful parades or sanctioned celebrations consisting of parading or celebrating children, adults, kindergarten-age children in the back of trucks, secondary school cheerleader and football teams, little league sports teams, community floats on vehicle-pulled trailers, mounted horses, high school bands, fire trucks, police cars, and others, cross train crossings for a short period of time. Having a moving train also cross the crossing at the same time as a lawful parade or sanctioned celebration would necessarily increase train safety hazard of collisions on the crossing with parade vehicles and the train trying to stop rapidly, and collision with and serious bodily injury or death to the parading children, men, and women.

(2) Therefore, upon a five-day advance notice of the date and time by the municipal or county authority to the applicable railroad company, a railroad company shall not operate a train to cross a railroad crossing at a public street, road, or highway during the duration of a lawful parade or sanctioned celebration that the parade or sanctioned celebration is crossing.

(3) The purpose of this subsection is to promote both railroad safety and the safety of participants and spectators of lawful parades and sanctioned celebrations and to prevent rail-road related accidents and incidents during such events.

Adopted

Rejected