Introduced Version - Originating in Committee
Senate Concurrent Resolution 54 History
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SENATE CONCURRENT RESOLUTION NO. 54
(By Senators
Fanning, Bowman, Deem, Love, McCabe, Minear,
Plymale, Prezioso, Ross and Snyder
)
________
[Originating in the Committee on Natural Resources.]
________
Requesting the Joint Committee on Government and Finance study the
liability of the Division of Forestry and others as to forest
fires.
Whereas,
Current laws relating to the liability of the
Division of Forestry and others assisting the Division of Forestry
in fighting forest fires appear to create unreasonable liability
for the Division for any and all damage that may occur to property
or person to the liability insurance limits of the Division of
Forestry; and
Whereas, The forest fire liability provisions do not appear to
take into consideration damage that may occur through proper
firefighting techniques, inconsequential damage that may occur in
containing fire, such as damage to topsoil, damages secondary to
fire suppression and other insurance that may cover the landowner's
damages
; and
Whereas, Without these liability issues being addressed, the
Division of Forestry and, therefore, the State of West Virginia and its taxpayers are vulnerable to unlimited claims for any and all
damage occurred fighting forest fires; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the liability of the Division of Forestry and
others as to forest fires; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation 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 be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
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