Bill Text: IA SF246 | 2017-2018 | 87th General Assembly | Introduced

Iowa Senate Bill 246 (Prior Session Legislation)

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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-14 - Subcommittee: Kraayenbrink, Bowman, and Zumbach. S.J. 275. [SF246 Detail]

Download: Iowa-2017-SF246-Introduced.html


Senate File 246 - Introduced




                                 SENATE FILE       
                                 BY  BOWMAN

                                      A BILL FOR

  1 An Act relating to the operation of railroad trains by a crew
  2    of two or more persons, providing penalties, and including
  3    effective date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  327F.33  Crew size ==== penalties.
  1  2    1.  A locomotive or railroad train operating on a railroad
  1  3 track in connection with the movement of freight shall
  1  4 be operated by a crew consisting of at least two railroad
  1  5 employees. This section does not apply to the operation of
  1  6 a locomotive or railroad train in connection with a hostler
  1  7 service or utility service.
  1  8    2.  a.  A railroad company found guilty of willfully
  1  9 violating subsection 1 shall, upon conviction, be subject to
  1 10 one of the following penalties:
  1 11    (1)  For a first offense, a schedule "three" penalty as
  1 12 provided in section 327C.5.
  1 13    (2)  For a second or subsequent offense, a schedule "five"
  1 14 penalty as provided in section 327C.5. A second offense under
  1 15 this section shall be a first violation for the purposes of
  1 16 calculating the schedule "five" penalty.
  1 17    b.  For the purposes of determining whether a conviction is
  1 18 a first, second, or subsequent offense, only offenses committed
  1 19 within the three years prior to the most recent offense shall
  1 20 be considered.
  1 21    Sec. 2.  EFFECTIVE DATE.  This Act takes effect thirty days
  1 22 after enactment.
  1 23                           EXPLANATION
  1 24 The inclusion of this explanation does not constitute agreement with
  1 25 the explanation's substance by the members of the general assembly.
  1 26    This bill requires a locomotive or railroad train operating
  1 27 on a railroad track in connection with the movement of freight
  1 28 to be operated by a crew consisting of at least two railroad
  1 29 employees. This requirement does not apply to the operation
  1 30 of a locomotive or railroad train in connection with a hostler
  1 31 service or utility service.
  1 32    The bill provides that a railroad company found guilty of
  1 33 willfully violating this requirement shall be subject to a
  1 34 penalty of not less than $500 and not more than $1,000 for a
  1 35 first offense, not less than $500 and not more than $5,000
  2  1 for a second offense, and not less than $5,000 and not more
  2  2 than $10,000 for a subsequent offense. For the purposes
  2  3 of determining whether a conviction is a first, second, or
  2  4 subsequent offense, the bill provides that only offenses
  2  5 committed within the three years prior to the most recent
  2  6 offense shall be considered.
  2  7    The bill takes effect 30 days after enactment.
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