SLS 10RS-519 ENGROSSED Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2010 SENATE BILL NO. 271 BY SENATOR ADLEY RAILROADS. Prohibits railroads from closing private crossings if the crossing does not unreasonably burden or substantially interfere with rail transportation. (gov sig) AN ACT1 To amend and reenact R.S. 48:394(A)(1) and (C) and to enact R.S. 48:394(D), relative to2 private railroad crossings; to prohibit closure of private railroad crossings; and to3 provide for related matters.4 Be it enacted by the Legislature of Louisiana:5 Section 1. R.S. 48:394(A)(1) and (C) are hereby amended and reenacted and R.S.6 48:394(D) is hereby enacted to read as follows: 7 ยง394. Private crossing elimination8 A.(1) Any railroad company operating in this state which desires to close or9 remove a private crossing shall, no less than one hundred eighty days prior to the10 proposed closing or removal, provide a written request by registered or certified mail11 to the Louisiana Public Service Commission and to the owner or owners of record12 of the private crossing traversed by the rail line. The written request shall state the13 reason the railroad company proposes to close such crossing. the manner in which14 such private railroad crossing unreasonably burdens or substantially interferes15 with rail transportation.16 * * *17 SB NO. 271 SLS 10RS-519 ENGROSSED Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. C. If, after such public hearing, the commission determines that closure or1 removal of such private crossing is necessary for safety and in the best interest of the2 public, the private railroad crossing unreasonably burdens or substantially3 interferes with rail transportation, the commission shall publish in the official4 journal of the parish where such crossing is located and in the commission's official5 bulletin a notice stating the manner in which such closure or removal shall be made6 and the date of such.7 D. The provisions of this Section shall not apply when a private8 landowner or landowners and a railroad company enter into a consensual or9 negotiated written agreement or agreements to close a private railroad crossing.10 Section 2. This Act shall become effective upon signature by the governor or, if not11 signed by the governor, upon expiration of the time for bills to become law without signature12 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13 vetoed by the governor and subsequently approved by the legislature, this Act shall become14 effective on the day following such approval.15 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Sharon F. Lyles. DIGEST Adley (SB 271) Present law requires a railroad company which desires to close or remove a private crossing to make a written request to the Louisiana Public Service Commission and to the owner or owners of record of the private crossing traversed by the rail line. After a public hearing, the commission may allow the closure of the private crossing if it determines that closure or removal of the private crossing is necessary for safety and in the best interest of the public. Proposed law requires a determination by the commission that the private railroad crossing unreasonably burdens or substantially interferes with rail transportation before closure of the crossing is allowed. Proposed law provides that the provisions above shall not apply to consensual or negotiated written agreements to close a private railroad crossing between a private landowner and railroad company. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 48:394(A)(1) and (C); adds R.S. 48:394(D)) SB NO. 271 SLS 10RS-519 ENGROSSED Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Transportation, Highways, and Public Works to the original bill. 1. Adds R.S. 48:394(D). Provides that the provisions of present law shall not apply to consensual or negotiated written agreements to close a private railroad crossing between private landowner and railroad company.