07 LC 34
1305
House
Bill 868
By:
Representative Cox of the
102nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 32-6-202 of the Official Code of Georgia Annotated, relating
to the procedure to obtain maintenance of grade separation structures,
protective devices, and grade crossings, so as to change the procedure regarding
appeal to the department from a refusal to perform requested maintenance on a
railroad; to provide for related matters; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 32-6-202 of the Official Code of Georgia Annotated, relating to the
procedure to obtain maintenance of grade separation structures, protective
devices, and grade crossings, is amended by revising subparagraph (a)(2)(A) as
follows:
"(2)(A)
If any railroad fails to comply with such an order of a county or municipality
within 30 days after receipt of such notice and order, the
county or
municipal governing authority may
the railroad
shall file with the department a written
request for review of the matter. Any such request for review shall be
accompanied by a filing fee of
$500.00
$1,000.00
per grade crossing and shall include a copy of the order of the county or
municipality. A copy of such request for review shall be served on the
railroad
by the county or municipality
by the
railroad by certified mail or statutory
overnight delivery, return receipt requested. The department shall within 30
days after the filing of such request investigate the matter, including
undertaking consideration of any statement of position filed by the
railroad
county or
municipality within ten days after the
filing of the request for review, and issue an order either requiring the
railroad to take such action as is necessary for purposes of compliance with the
maintenance requirements of this part or nullifying the order of the local
governing authority. As part of such order, the department shall assess all its
costs of investigating and reviewing the matter against the railroad if a
compliance order is issued or against the county or municipality if the order of
the local governing authority is nullified, and the party so assessed shall be
liable therefor to the department; provided, however, that any filing fee paid
to the department by a
county or
municipality
railroad
shall be applied to any such amount assessed against the
county or
municipality
railroad,
and the balance of such filing fee, if any, shall be refunded to the
county or
municipality
railroad.
Copies of any such order of the department shall be served upon the railroad and
the local governing authority by certified mail or statutory overnight delivery,
return receipt requested. The department shall keep detailed records of its
costs of investigation and review for purposes of this subparagraph, and such
records shall be subject to public inspection as provided by Article 4 of
Chapter 18 of Title 50."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.