SLS 14RS-63 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 8
BY SENATOR MARTINY
TRANSPORTATION/DEV DEPT. Authorizes DOTD as the sole state agency to enter into
agreements with the federal government to establish and administer the federal railroad
safety and inspection program. (8/1/14)
AN ACT1
To amend and reenact R.S. 48:212(D) and to repeal R.S. 45:561 and 562, relative to federal2
railroad safety and inspection; to authorize the Department of Transportation and3
Development as the only state agency to enter into agreements to administer a4
railroad safety and inspection program with the federal government or its agency as5
provided by federal law; to repeal authority of the Public Service Commission6
relative to such railroad safety and inspection program; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 48:212(D) is hereby amended and reenacted to read as follows:10
ยง212. Agreements with federal government 11
* * *12
D. The department may shall be the sole state agency authorized to enter13
into any agreements with the federal government or with any federal agency for the14
purpose of establishing and administering a railroad safety and inspection program15
to the extent that the federal government or its agency is authorized by federal16
statutes to enter into such agreements, and with the same limitations.17 SB NO. 8
SLS 14RS-63 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. R.S. 45:561 and 562 are hereby repealed.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Present law (R.S. 48:212(D)) authorizes DOTD to enter into agreements with the federal
government or any federal agency to establish and administer a railroad safety and
inspection program to the extent authorized by federal law.
Present law (R.S. 45:561 and 562) authorizes the Louisiana Public Service Commission
(LPSC) to perform any act and issue any rules or orders as permitted by the Federal Railroad
State Safety Participation regulations (49 C.F.R. Part 212) but prohibits the LPSC from
requiring a railroad facility owner or operator to alter or cease rail operations and requires
any inspection, investigation, or surveillance performed on the site of a manufacturing
facility by the LPSC to comply with safety rules or regulations of such facility, including
security clearance at the front gate if appropriate.
Proposed law provides DOTD is the sole state agency authorized to enter into such
agreements to establish and administer a railroad safety and inspection program.
Proposed law repeals conflicting authority of the LPSC in present law.
Effective August 1, 2014.
(Amends R.S. 48:212(D); repeals R.S. 45:561 and 562)