ENROLLED
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are additions.
Regular Session, 2012
HOUSE BILL NO. 623
BY REPRESENTATIVE ST. GERMAIN
AN ACT1
To amend and reenact R.S. 48:390(B) and 390.1(A)(2) and to enact R.S. 48:390(I) and2
390.1(D), relative to closure of railroad crossings; to require the Department of3
Transportation and Development to notify affected landowners prior to the closing4
of any railroad crossings; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 48:390(B) and 390.1(A)(2) are hereby amended and reenacted and7
R.S. 48:390(I) and 390.1(D) are hereby enacted to read as follows:8
§390. Railroad grade crossing improvement and elimination; notification9
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B.(1) The department, when it determines that it is necessary for the safety11
of the public, may improve, change the location of or abolish any existing public12
grade crossing on any state-maintained highway; however, prior to taking such13
action, the department shall take the following actions:14
(a) Notify any and all affected persons owning land that is within a two- mile15
radius of the public grade crossing proposed to be improved, changed, or closed.16
(b) Post a notice at the grade crossing proposed to be improved, changed, or17
closed. 18
(2) No provisions of this Section shall impose any liabilities of any nature19
upon the state of Louisiana or any agency thereof, nor shall any action or omission20
of the department be discoverable or admissible in any state court in Louisiana, and21
no record or document of the department compiled or prepared in connection with22 ENROLLEDHB NO. 623
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actions taken by the department pursuant to this Section, R.S. 48:390.1 or 23 USC1
U.S.C. 130 shall be discoverable or admissible in any state court in Louisiana.2
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I. The department shall, no later than December 31, 2012, promulgate rules4
and regulations pursuant to the Administrative Procedure Act and subject to5
oversight of the House and Senate committees on transportation, highways, and6
public works, to implement the provisions of Subsections A, B, F, and G of this7
Section, including but not limited to notice, whom to notify, methods of notice, and8
posting requirements.9
§390.1. Railroad grade crossing elimination; parish and municipal roads10
A.11
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(2) If the evaluation suggests that closure of a public grade crossing on a13
non-state maintained highway is necessary for safety and in the best interest of the14
public, the department shall encourage public participation in accordance with the15
following procedure:16
(a) Provide written notice to the local governing authority with jurisdiction17
over the non-state maintained highway, the railroad company whose railroad tracks18
are crossed at grade by the highway, any and all affected persons owning land that19
is within a two-mile radius of the public grade crossing proposed to be closed, and20
any other party deemed by the department to be interested in the necessity to close21
a public grade crossing.22
(b) The notice shall establish a set time period of not less than thirty days for23
the local governing authority, railroad, any and all affected persons owning land that24
is within a two-mile radius of the public grade crossing proposed to be closed, or25
other interested party to respond to the department.26
(c) The department shall attempt to address concerns of the local governing27
authority, the railroad, any and all affected persons owning land that is within a two-28
mile radius of the public grade crossing proposed to be closed, or other interested29 ENROLLEDHB NO. 623
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party timely communicated to the department in writing or received at any public1
hearing held by the local governing authority relative to closure.2
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D. The department shall, no later than December 31, 2012, promulgate rules4
and regulations pursuant to the Administrative Procedure Act and subject to5
oversight of the House and Senate committees on transportation, highways, and6
public works, to implement the provisions of Subsection A of this Section, including7
but not limited to notice, whom to notify, methods of notice, and posting8
requirements.9
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: