Bill Text: IA HF2634 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the operation of railroad trains by a crew of two or more persons, providing penalties, and including effective date provisions.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2020-06-13 - Sponsor added, Isenhart. H.J. 765. [HF2634 Detail]

Download: Iowa-2019-HF2634-Introduced.html
House File 2634 - Introduced HOUSE FILE 2634 BY KURTZ , THEDE , HUNTER , M. SMITH , and THORUP A BILL FOR An Act relating to the operation of railroad trains by a crew 1 of two or more persons, providing penalties, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6095YH (3) 88 mo/ns
H.F. 2634 Section 1. NEW SECTION . 327F.33 Crew size —— penalties. 1 1. A locomotive or railroad train operating on a railroad 2 track in connection with the movement of freight shall 3 be operated by a crew consisting of at least two railroad 4 employees. This section does not apply to the operation of 5 a locomotive or railroad train in connection with a hostler 6 service or utility service. 7 2. a. A railroad company found guilty of willfully 8 violating subsection 1 shall, upon conviction, be subject to 9 one of the following penalties: 10 (1) For a first offense, a schedule “three” penalty as 11 provided in section 327C.5. 12 (2) For a second or subsequent offense, a schedule “five” 13 penalty as provided in section 327C.5. A second offense under 14 this section shall be a first violation for the purposes of 15 calculating the schedule “five” penalty. 16 b. For purposes of determining whether a conviction is a 17 first, second, or subsequent offense, only offenses committed 18 within the three-year period prior to the most recent offense 19 shall be considered. 20 Sec. 2. EFFECTIVE DATE. This Act takes effect thirty days 21 after enactment. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill requires a locomotive or railroad train operating 26 on a railroad track in connection with the movement of freight 27 to be operated by a crew consisting of at least two railroad 28 employees. This requirement does not apply to the operation 29 of a locomotive or railroad train in connection with a hostler 30 service or utility service. 31 The bill provides that a railroad company found guilty of 32 willfully violating this requirement is subject to a penalty 33 of not less than $500 and not more than $1,000 for a first 34 offense, not less than $500 and not more than $5,000 for a 35 -1- LSB 6095YH (3) 88 mo/ns 1/ 2
H.F. 2634 second offense, and not less than $5,000 and not more than 1 $10,000 for a third or subsequent offense. For purposes 2 of determining whether a conviction is a first, second, or 3 subsequent offense, the bill provides that only offenses 4 committed within the three-year period prior to the most recent 5 offense shall be considered. 6 The bill takes effect 30 days after enactment. 7 -2- LSB 6095YH (3) 88 mo/ns 2/ 2
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