Current Status Bill Number:635 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950314 Primary Sponsor:Lander All Sponsors:Lander Drafted Document Number:res9656.jal Residing Body:Senate Current Committee:Transportation Committee 15 ST Subject:Railroad crossing closures
Body Date Action Description Com Leg Involved
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Senate 19950314 Introduced, read first time, 15 ST
referred to Committee
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TO AMEND SECTION 58-15-1625 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RAILROAD CROSSING CLOSURES, SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO REIMBURSE ALL COSTS ASSOCIATED WITH SUCH CLOSURES INCURRED BY A LOCAL GOVERNMENTAL ENTITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 58-15-1625 of the 1976 Code is amended to read:
"Section 58-15-1625. Notwithstanding any other provision of law, the Department of Transportation may order legally closed and abolished as a public way, within the limits of a railroad right-of-way, a grade crossing then in existence at the time the department assumes jurisdiction of the matter, upon a finding that the enhancement of public safety resulting from such closing outweighs any inconvenience caused by increased circuitry of highway routes. This order by the department may be issued either in connection with, or independent of, an order relating to automatic train-activated warning signals. The authority of the department legally to close and abolish grade crossings is in addition to authority granted by law to other state agencies or to local units of government to close and abolish grade crossings. Upon the issuance of the order by the department, the railroad or railroads involved shall physically remove the crossing from the tracks, and the governmental unit maintaining the highway shall remove or barricade the approaches to the crossing. All costs associated with closing and abolishing grade crossings incurred by a local governmental unit as a result of an order of closure issued by the Department of Transportation shall be reimbursed to the local governmental unit by the Department of Transportation."
SECTION 2 . This act takes effect upon approval by the Governor and applies to all railroad crossing closure orders issued as of January 1, 1994.