Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SCR20 Introduced / Bill

                    SLS 12RS-930	ORIGINAL
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Regular Session, 2012
SENATE CONCURRENT RESOLUTI ON NO. 20
BY SENATOR ADLEY 
TRANSPORTATION/DEV DEPT. Requests DOTD to hold public meetings relative to
proposed closure of a public railroad grade crossing on non-state maintained parish and
municipal roadways.
A CONCURRENT RESOLUTI ON1
To urge and request the Department of Transportation and Development to hold public2
meetings prior to proposed closure of a public railroad grade crossing on non-state3
maintained parish and municipal roadways.4
WHEREAS, R. S. 48:390.1 authorizes the Department of Transportation and5
Development to evaluate the need to close any public railroad grade crossing on a non-state6
maintained highway within the territorial jurisdiction of any local governing authority in7
compliance with the Federal Railroad Crossing Safety Program; and8
WHEREAS, if the department's evaluation suggests closure of such public railroad9
grade crossing is necessary for safety and in the best interest of the public, the department10
must encourage public participation, by doing the following:11
 (1) Providing written notice to the local governing authority with jurisdiction over12
the non-state maintained highway, the railroad company whose railroad tracks are crossed13
at grade by such highways, and any other party deemed by the department to be interested14
in the necessity to close such crossing;15
(2) Establishing in such notice a set time period of not less than thirty days for such16
local governing authority, railroad, or other interested party to respond to the department;17
and18 SCR NO. 20
SLS 12RS-930	ORIGINAL
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(3) Attempting to address concerns of such local governing authority, the railroad,1
or other interested party timely communicated to the department in writing or received at2
any public hearing held by the local governing authority relative to the closure; and3
WHEREAS, R.S. 48:390 requires the Department of Transportation and4
Development to complete a study of all public railroad crossings to establish priorities for5
improvement, relocation, or closure and to develop a prioritized plan to implement railroad6
grade crossing improvements, relocations, or closures pursuant to the Federal Railroad7
Crossing Safety Program; and8
WHEREAS, the department holds public meetings on proposed closures of public9
railroad grade crossings on state maintained highways pursuant to the department-adopted10
procedures entitled "Public Meeting Procedures for Highway/Rail Grade Crossing11
Consolidation and Closure on State Maintained Highways" adopted in September 2011; and12
WHEREAS, such public meeting procedures provide for department notification and13
explanation of proposed closures on state maintained highways; and14
WHEREAS, at such public meetings the department accepts written comments and15
requests for additional information; and16
WHEREAS, the department does not hold such public meetings prior to proposed17
closure of a public railroad grade crossing on non-state maintained parish and municipal18
roadways.19
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby20
urge and request the Department of Transportation and Development to hold public meetings21
prior to a proposed closure of a public railroad grade crossing on non-state maintained parish22
and municipal roadways.23
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the24
secretary of the Department of Transportation and Development.25
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Adley	SCR No.
Requests DOTD hold a public meeting prior to proposed closure of a public railroad grade
crossing on non-state maintained parish and municipal roadways.