An Act To Ensure Landowner Access to Land That Is Intersected by a Railroad
Maine Legislature, Session 123, LD 2199
Committee Amendment CA_A_S549 (Senate)
Amends: 5 MRSA §12004-I, 35-A MRSA §1712

COMMITTEE AMENDMENT" A" to S.P. 847, L.D. 2199, Bill, "An Act To 
Ensure Landowner Access to Land That Is Intersected by a Railroad" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Establish a Railroad Crossing Information Council' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §12004-I, sub-§92 is enacted to read: 
92. 
Public Advocate 
Railroad Crossing 
Not Authorized 
Information Council 
Sec. 2. 35-A MRSA §1712 is enacted to read: 
§1712. Railroad Crossing Information Council 
35-A MRSA § 1712 
1. Establishment. The Railroad Crossing Information Council, as established by 
Title 5, section 12004-1, subsection 92 and referred to in this section as "the council," is 
created to serve as a repository of information concerning the establishment or 
maintenance of private railroad crossings, and to provide information and assistance to 
persons regarding private crossings of railroads. 
2. Members. The council is composed of: 
A. The Public Advocate; and 
B. 
Four members appointed by the Governor to serve 3-year terms that expIre 
December 31 st: 
(I) One member who is a representative of the railroad industry; 
Page J- 123LR3479(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 847, L.D. 2199 
(2) One member who is a representative of the insurance industry; 
(3) One member who is a representative of the real estate industry; and 
(4) One member who is a resident ofthis State and who is not and has never been 
employed in the railroad industry. 
Members under paragraph B may be reappointed for subsequent terms. A vacancy must 
be filled for the remainder of the unexpired term in the same manner as an original 
appointment. 
3. Chair. The Public Advocate is chair of the council. 
4. Duties. The council shall gather and compile information regarding the process of 
and standards associated with establishing private railroad crossings, including but not 
limited to costs associated with installation, maintenance and insurance of private railroad 
crossings and contract terms. The council may provide advice and assistance to persons 
who request information on how to establiSh a private railroad crossing. The council may 
facilitate or mediate private railroad crossing disputes with the consent of the concerned 
parties. The council may take any other appropriate actions consistent with the purposes 
of this section. 
5. 
Staffing and expenses. The Public Advocate shall provide reasonable staff 
support as requested by the council. 
Members of the council are not entitled to 
compensation as provided in Title 5, section 12004-1.' 
SUMMARY 
This amendment replaces the bill. The amendment establishes a Railroad Crossing 
Information Council to serve as a repository of information for any member ofthe public 
who would like to establish a private crossing of a railroad. The Public Advocate serves 
as chair of the council and coordinates efforts of the council. 
COMMITTEE AMENDMENT 
Approved 03/31108 frac 
LD 2199 
LR 3479(02) 
An Act To Ensure Landowner Access to Land That Is Intersected by a Railroad 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Transportation 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$0 
$0 
2008-09 
$8,000 
$8,000 
Projections 
2009-10 
$8,000 
$8,000 
Projections 
2010-11 
$8,000 
$8,000 
This legislation includes a General Fund appropriation of $8,000 annually beginning in fiscal year 2008-09 to the 
Office of the Public Advocate within the Executive Department to provide funds for personnel costs and contractual 
services for a professional mediator. 
LR3479(02) - Fiscal Note - Page I of 1