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MS HB1262

Bill

Status

Failed

2/23/2016

Primary Sponsor

Mark Baker

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Origin

House of Representatives

2016 Regular Session

AI Summary

  • Requires railroads and public entities to reasonably accommodate each other when public improvement projects conflict with railroad operations or facilities, including timely issuance of easements, work permits, and licenses.

  • Mandates railroads issue necessary permits within 60 days of engineering documentation submission from the Department of Transportation, and public entities issue permits to railroads within 60 days of documentation submission.

  • Requires both parties to fully comply with permit terms unless 30 days advance notice is provided for changes to timing, duration, or cancellation; failure to comply constitutes prima facie evidence of unreasonable delay.

  • Establishes expedited court procedures allowing initial hearings within 5 days of complaint filing, with court decisions required within 10 days; courts may order permit issuance, enforce permit terms, and award attorney's fees and costs.

  • Amends Section 65-1-69 to clarify that railroad-highway crossing projects must comply with the new accommodation requirements and prohibits unreasonable delays in construction.

Legislative Description

Public improvement projects; require public entities and railroads to reasonably accommodate each other in a timely fashion.

Last Action

Died In Committee

2/23/2016

Committee Referrals

Transportation2/8/2016

Full Bill Text

No bill text available