Bill Text: OR SB727 | 2013 | Regular Session | Introduced

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Bill Title: Relating to railroad crossings; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB727 Detail]

Download: Oregon-2013-SB727-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2720

                         Senate Bill 727

Sponsored by Senator GIROD

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires county sheriff, upon request by certain landowners, to
survey railroad crossing to determine whether crossing is
necessary for public safety purposes. Provides that railroad
company must maintain crossing determined to be necessary for
public safety purposes and allow use of crossing by public
without charge for easement.
  Prohibits railroad company from limiting public use of crossing
that has been declared necessary for public safety purposes.
Provides that violation is specific fine violation, subject to
presumptive fine of $100,000.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to railroad crossings; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 824.200 to 824.256. + }
  SECTION 2.  { + (1) Upon request of any person that owns
property that is accessed by means of a railroad crossing, the
county sheriff shall survey the crossing to determine whether the
crossing is necessary for public safety purposes, including but
not limited to fire and emergency medical response. If the
sheriff determines that the crossing is necessary for public
safety purposes, the railroad company must maintain the crossing
and allow use of the crossing by the public, and may not charge a
landowner for an easement to cross the railroad.
  (2) A county sheriff who performs a survey under this section
shall send a copy of the sheriff's report to the landowner that
requested the survey, to the railroad company that operates the
railroad and to the Department of Transportation.
  (3) Any railroad company that limits public use of a crossing
that has been declared necessary for public safety purposes under
this section commits a specific fine violation, and the
presumptive fine for the violation is $100,000. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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