S-4960.1 _______________________________________________
SUBSTITUTE SENATE BILL 6507
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State of Washington 53rd Legislature 1994 Regular Session
By Senate Committee on Transportation (originally sponsored by Senators Vognild, Prince, Morton, Loveland, M. Rasmussen and Winsley)
Read first time 02/08/94.
AN ACT Relating to railroad crossings; adding a new section to chapter 81.52 RCW; and adding new sections to chapter 81.53 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 81.52 RCW to read as follows:
(1) A covenant, promise, agreement, or understanding in, or in connection with or collateral to, a contract or agreement relative to the provision, construction, alteration, repair, or maintenance of any railroad crossing purporting to indemnify against liability for damages arising out of bodily injury to persons or damage to property:
(a) Caused by or resulting from the sole negligence of the indemnitee, its agents or employees is against public policy and is void and unenforceable;
(b) Caused by or resulting from the concurrent negligence of: (i) The indemnitee or the indemnitee's agents or employees; and (ii) the indemnitor or the indemnitor's agents or employees, is valid and enforceable only to the extent of the indemnitor's negligence and only if the agreement specifically and expressly provides therefor.
(2) For the purposes of this section, "railroad crossing" means any point or place where a private roadway or pedestrian walkway crosses a railroad.
NEW SECTION. Sec. 2. A new section is added to chapter 81.53 RCW to read as follows:
(1) A railroad crossing may not be closed, discontinued, or otherwise abandoned except upon the approval of the commission.
(2) In determining whether a railroad crossing should be closed, discontinued, or otherwise abandoned, the commission shall consider the following factors:
(a) Whether the railroad crossing is reasonably necessary in order to provide for the safety of persons or property;
(b) The reasonableness of the agreement or permit under which the railroad crossing is maintained;
(c) Whether there exist other practical or reasonable means of ingress or egress to or from the lands served by the railroad crossing;
(d) The burden on the owner or owners of lands served by the railroad crossing if the crossing is closed, discontinued, or otherwise abandoned; and
(e) Such other factors as the commission deems appropriate.
(3) For the purposes of this section, "railroad crossing" means any point or place where a private roadway or pedestrian walkway crosses a railroad.
NEW SECTION. Sec. 3. A new section is added to chapter 81.53 RCW to read as follows:
(1) Any railroad company may file with the commission a written petition to close, discontinue, or otherwise abandon an existing railroad crossing.
(2) Upon the petition being filed, the commission shall fix a time and place for hearing the petition and shall give not less than twenty days' notice to the petitioner and the affected owner or owners of land served by the railroad crossing. At the time and place fixed in the notice, all persons and parties interested are entitled to be heard and introduce evidence. The commission may permit the railroad crossing to be closed, discontinued, or otherwise abandoned without hearing when no objections are received by the commission within twenty days from the date of notice.
(3) At the conclusion of a hearing, the commission shall make and file its written findings of fact concerning the matters inquired into. The commission shall also enter its order based upon the findings of fact. The order must specify whether the railroad crossing is to be closed, discontinued, or otherwise abandoned.
(4) For the purposes of this section, "railroad crossing" means any point or place where a private roadway or pedestrian walkway crosses a railroad.
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