Bill Text: IA SF250 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act concerning matters relating to the transportation of railroad workers, and providing penalties.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2019-02-13 - Subcommittee: Shipley, Koelker, and T. Taylor. S.J. 302. [SF250 Detail]
Download: Iowa-2019-SF250-Introduced.html
Senate
File
250
-
Introduced
SENATE
FILE
250
BY
T.
TAYLOR
,
DANIELSON
,
KINNEY
,
J.
SMITH
,
LYKAM
,
and
R.
TAYLOR
A
BILL
FOR
An
Act
concerning
matters
relating
to
the
transportation
of
1
railroad
workers,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
327F.39,
subsection
1,
Code
2019,
is
1
amended
by
adding
the
following
new
paragraphs:
2
NEW
PARAGRAPH
.
0e.
“Employee”
,
when
used
in
connection
3
with
the
transportation
of
railroad
workers,
means
a
driver
4
who
performs
a
service
for
the
railroad
worker
transportation
5
company,
either
for
wages
or
as
an
independent
contractor.
6
NEW
PARAGRAPH
.
00e.
“Employer”
,
when
used
in
connection
7
with
the
transportation
of
railroad
workers,
means
a
railroad
8
worker
transportation
company.
9
Sec.
2.
Section
327F.39,
subsection
1,
paragraph
h,
Code
10
2019,
is
amended
to
read
as
follows:
11
h.
“Railroad
worker
transportation
company”
means
a
person,
12
other
than
a
railroad
corporation
company
,
organized
for
the
13
purpose
of
or
engaged
in
the
business
of
transporting,
for
14
hire,
railroad
workers
to
or
from
their
places
of
employment
or
15
in
the
course
of
their
employment
in
motor
vehicles
designed
16
to
carry
seven
or
more
persons
but
fewer
than
sixteen
persons
17
including
the
driver.
18
Sec.
3.
Section
327F.39,
subsection
3,
Code
2019,
is
19
amended
by
adding
the
following
new
paragraphs
after
unnumbered
20
paragraph
1:
21
NEW
PARAGRAPH
.
a.
An
employer
who
owns
or
operates
a
22
motor
vehicle
for
the
transportation
of
railroad
workers
shall
23
inspect
the
motor
vehicle
or
cause
the
motor
vehicle
to
be
24
inspected
annually
in
compliance
with
49
C.F.R.
§396.17,
by
a
25
person
qualified
to
perform
the
inspection
as
provided
in
49
26
C.F.R.
§396.19.
In
addition,
the
employer
shall
require
each
27
employee
who
drives
a
motor
vehicle
for
the
transportation
of
28
railroad
workers
to
complete
a
written
daily
report
as
provided
29
in
49
C.F.R.
§396.11.
30
NEW
PARAGRAPH
.
b.
An
employer
shall
establish
a
maintenance
31
and
repair
program
that
provides
for
inspection
of
each
motor
32
vehicle
operated
by
its
employees
for
the
transportation
of
33
railroad
workers
prior
to
the
first
service
of
the
vehicle
34
and
at
each
twenty-five-thousand-mile
interval
thereafter,
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to
assure
overall
cleanliness
of
the
vehicle,
that
parts
and
1
accessories
are
in
safe
and
operable
condition,
and
that
the
2
vehicle
is
equipped
with
all
of
the
following
in
good
repair:
3
(1)
Tires
with
sufficient
tread
as
prescribed
in
49
C.F.R.
4
§393.75.
5
(2)
A
fully
inflated
spare
tire.
6
(3)
A
secure
location
for
personal
baggage,
including
7
proper
baggage
restraints.
8
(4)
Fully
operational
safety
belts
or
safety
harnesses
for
9
all
passenger
seats.
10
(5)
A
heater
and
air
conditioner
that
are
properly
working,
11
including
properly
working
fans.
12
(6)
An
emergency
road
kit
that
contains,
at
a
minimum,
13
flares
or
reflective
triangles,
a
fire
extinguisher,
and
a
14
readily
available
first
aid
kit
in
compliance
with
29
C.F.R.
15
§1910.151,
which
includes
the
articles
described
in
appendix
16
A
of
that
section.
17
NEW
PARAGRAPH
.
c.
The
operator
of
a
motor
vehicle
used
18
for
the
transportation
of
railroad
workers
shall
activate
the
19
vehicle’s
emergency
signal
lamps
when
the
vehicle
is
stopped
20
on
or
near
the
roadway.
21
NEW
PARAGRAPH
.
d.
A
motor
vehicle
used
for
the
22
transportation
of
railroad
workers
shall
not
be
operated
in
a
23
condition
that
is
likely
to
cause
an
accident
or
a
mechanical
24
breakdown.
25
NEW
PARAGRAPH
.
e.
An
employer
shall
maintain
records
26
relating
to
the
maintenance
and
repair
program
for
each
motor
27
vehicle
operated
by
its
employees
for
the
transportation
28
of
railroad
workers.
The
records
shall
include
all
of
the
29
following:
30
(1)
Identifying
information
for
the
motor
vehicle,
31
including
the
vehicle
identification
number;
make,
model,
and
32
year
of
manufacture;
and
the
railroad
company’s
identification
33
number,
if
provided.
34
(2)
Owner
information
if
the
employer
is
not
the
owner
of
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the
vehicle.
1
(3)
The
history
of
inspections,
repairs,
and
maintenance
2
that
describes
each
activity
and
the
date
the
activity
was
3
performed.
4
NEW
PARAGRAPH
.
f.
Records
required
under
this
subsection
5
shall
be
maintained
by
an
employer
at
the
employer’s
principal
6
place
of
business
for
one
year.
If
a
motor
vehicle
leaves
the
7
employer’s
control,
the
records
pertaining
to
that
vehicle
8
shall
be
maintained
by
the
employer
at
the
employer’s
principal
9
place
of
business
for
six
months.
10
NEW
PARAGRAPH
.
g.
An
employer
and
the
employer’s
officers,
11
agents,
and
employees
who
are
involved
with
the
inspection
12
or
maintenance
of
motor
vehicles
shall
comply
with
the
13
employer’s
maintenance
and
repair
program
as
provided
under
14
this
subsection.
15
NEW
PARAGRAPH
.
h.
A
motor
vehicle
used
by
a
railroad
worker
16
transportation
company
to
transport
railroad
workers
shall
have
17
signage
on
each
side
and
on
the
rear
of
the
vehicle
containing
18
the
words
“railroad
worker
transportation
company”
in
letters
19
no
smaller
than
one
inch
in
height.
20
Sec.
4.
Section
327F.39,
Code
2019,
is
amended
by
adding
the
21
following
new
subsections:
22
NEW
SUBSECTION
.
5A.
Driver
qualifications.
23
a.
An
employer
shall
maintain
a
driver
qualification
24
file
for
each
employee
who
drives
a
motor
vehicle
for
the
25
transportation
of
railroad
workers.
The
driver
qualification
26
file
shall
include
all
of
the
following:
27
(1)
A
certificate
of
physical
examination
signed
and
dated
28
within
the
previous
two
years
by
a
physician
licensed
under
29
chapter
148
certifying
that
the
employee
is
physically
able
to
30
operate
a
motor
vehicle.
31
(2)
Documentation
that
the
employer
has
reviewed
the
32
driver’s
driving
record
within
the
previous
twelve
months.
33
(3)
Documentation
relating
to
the
driver’s
violation
of
any
34
applicable
motor
vehicle
laws
or
ordinances.
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(4)
Other
documentation
related
to
the
driver’s
1
qualification
or
ability
to
drive
a
motor
vehicle.
2
(5)
The
driver’s
application
for
employment
as
provided
by
3
49
C.F.R.
§391.21.
4
(6)
References
from
previous
employers,
if
required
by
the
5
current
employer.
6
(7)
A
copy
of
the
driver’s
current
class
D
driver’s
license
7
or
an
equivalent
driver’s
license.
8
b.
A
person
shall
be
disqualified
from
driving
for
an
9
employer
if
the
driver
is
convicted
of
two
or
more
serious
10
traffic
violations
committed
within
a
three-year
period
in
this
11
state
or
another
state.
For
purposes
of
this
section,
“serious
12
traffic
violation”
means
any
violation
committed
while
operating
13
a
motor
vehicle
if
the
violation
resulted
in
the
suspension
14
or
revocation
of
the
person’s
driver’s
license,
or
any
of
the
15
following
violations,
whether
or
not
the
violation
resulted
in
16
driver’s
license
suspension
or
revocation:
17
(1)
A
violation
of
chapter
321J
or
an
equivalent
law
of
18
another
state.
19
(2)
A
safety
belt
or
safety
harness
violation.
20
(3)
A
violation
of
commercial
motor
vehicle
laws.
21
(4)
A
speeding
violation
for
a
speed
of
fifteen
miles
per
22
hour
or
more
over
the
legal
limit.
23
(5)
Negligent
homicide.
24
(6)
Using
a
motor
vehicle
in
the
commission
of
a
felony.
25
(7)
Evading
arrest.
26
(8)
Using
a
motor
vehicle
to
flee
law
enforcement.
27
(9)
Careless
driving.
28
(10)
Prohibited
passing
of
another
vehicle.
29
(11)
Unlawfully
passing
a
stopped
school
bus.
30
(12)
Failure
to
obey
an
official
traffic-control
signal
or
31
device.
32
(13)
Failure
to
obey
a
railroad
crossing
gate.
33
(14)
Driving
while
the
person’s
driver’s
license
or
34
operating
privilege
is
suspended,
canceled,
revoked,
denied,
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or
barred.
1
(15)
Driving
the
wrong
way
on
a
one-way
street.
2
c.
Prior
to
allowing
a
person
to
perform
the
duties
of
3
a
driver,
an
employer
shall
require
the
person
to
submit
to
4
testing
for
alcohol
and
controlled
substances
as
provided
in
5
49
C.F.R.
pts.
40
and
382.
A
person
shall
not
be
allowed
to
6
perform
the
duties
of
a
driver
unless
the
alcohol
test
result
7
for
the
person
indicates
an
alcohol
concentration
of
zero
and
8
the
controlled
substances
test
result
from
a
medical
review
9
officer,
as
defined
in
49
C.F.R.
§40.3,
indicates
a
verified
10
negative.
11
d.
(1)
As
soon
as
practicable
following
an
accident
12
involving
a
motor
vehicle
owned
or
operated
by
an
employer,
13
the
employer
shall
test
each
surviving
driver
for
alcohol
and
14
controlled
substances
if
any
of
the
following
apply:
15
(a)
The
accident
involved
the
death
of
a
person.
16
(b)
The
driver
received
a
citation
for
a
moving
violation
17
arising
from
the
accident
and
the
accident
involved
bodily
18
injury
to
a
person
who
immediately
received
medical
treatment
19
after
the
accident.
20
(c)
The
driver
received
a
citation
for
a
moving
violation
21
arising
from
the
accident
and
the
accident
involved
disabling
22
damage
to
one
or
more
motor
vehicles
involved
in
the
accident.
23
(2)
Testing
for
the
presence
of
alcohol
shall
be
conducted
24
immediately
following
the
accident
or
no
later
than
eight
hours
25
after
the
accident.
Testing
for
the
presence
of
controlled
26
substances
shall
be
conducted
immediately
following
the
27
accident
or
no
later
than
thirty-two
hours
after
the
accident.
28
The
test
results
shall
be
submitted
to
the
department.
The
29
employer
shall
maintain
a
record
of
the
test
results
for
five
30
years
following
the
date
of
the
accident.
31
e.
A
person
shall
be
disqualified
from
driving
for
the
32
employer
upon
the
occurrence
of
any
of
the
following:
33
(1)
The
person’s
alcohol
and
controlled
substances
test
34
results
are
not
in
compliance
with
paragraph
“c”
.
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(2)
The
person
refuses
to
provide
a
specimen
for
alcohol
1
testing,
testing
for
controlled
substances,
or
both.
2
(3)
The
person
submits
an
adulterated
specimen,
a
dilute
3
positive
specimen,
or
a
substituted
specimen
for
an
alcohol
4
test
or
a
test
for
controlled
substances.
5
f.
Testing
of
an
employee
for
the
presence
of
alcohol
or
a
6
controlled
substance
under
this
subsection
shall
be
performed
7
in
accordance
with
section
730.5.
8
NEW
SUBSECTION
.
5B.
Financial
liability
coverage.
9
a.
An
employer
shall
maintain
financial
liability
coverage
10
in
the
amount
of
five
hundred
thousand
dollars
because
of
11
bodily
injury
to
or
death
of
one
person
in
any
one
accident,
12
and
subject
to
the
limit
for
one
person,
three
million
dollars
13
because
of
bodily
injury
to
or
death
of
two
or
more
persons
in
14
any
one
accident,
for
each
motor
vehicle
owned
or
operated
by
15
the
employer
to
transport
railroad
workers.
16
b.
An
employer
shall
maintain
uninsured,
underinsured,
and
17
hit-and-run
motor
vehicle
coverage
in
the
amounts
specified
in
18
paragraph
“a”
,
for
each
motor
vehicle
owned
or
operated
by
the
19
employer
to
transport
railroad
workers.
20
Sec.
5.
Section
327F.39,
subsection
6,
Code
2019,
is
amended
21
to
read
as
follows:
22
6.
Rule
violations
Violations
.
When
the
administrator
23
finds
that
a
motor
vehicle
used
to
transport
workers
to
and
24
from
their
places
of
employment
or
during
the
course
of
their
25
employment
violates
is
not
in
compliance
with
this
section
or
a
26
rule
adopted
under
this
section
,
the
administrator
shall
make,
27
enter,
and
serve
upon
the
owner
of
the
motor
vehicle
an
order
28
as
necessary
to
protect
the
safety
of
workers
transported
in
29
the
motor
vehicle.
The
administrator
may
direct
in
the
order,
30
as
a
condition
to
the
continued
use
of
the
motor
vehicle
for
31
transporting
workers
to
and
from
their
places
of
employment
or
32
during
the
course
of
their
employment,
that
additions,
repairs,
33
improvements,
or
changes
be
made
and
that
safety
devices
and
34
safeguards
be
furnished
and
used
as
required
to
satisfy
the
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rules
in
the
manner
and
within
the
time
specified
in
the
order.
1
The
order
may
also
require
that
any
driver
of
the
motor
vehicle
2
satisfy
the
minimum
standards
for
a
driver
under
the
this
3
section
or
rules
adopted
under
this
section
.
4
Sec.
6.
Section
327F.39,
Code
2019,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
6A.
Access
provided
to
department.
An
7
employer
shall
provide
the
department,
or
an
agent
or
employee
8
of
the
department,
with
access
to
the
following:
9
a.
A
facility
owned
or
controlled
by
the
employer,
for
the
10
purpose
of
determining
compliance
with
this
section.
11
b.
Records
related
to
an
accident
involving
a
vehicle
owned
12
or
operated
by
the
employer.
13
Sec.
7.
Section
327F.39,
subsection
7,
Code
2019,
is
amended
14
to
read
as
follows:
15
7.
Penalty.
16
a.
Violation
Except
as
otherwise
provided
in
this
17
subsection,
a
violation
by
the
owner
of
a
motor
vehicle
of
this
18
section
,
a
rule
adopted
under
this
section
,
or
an
order
issued
19
under
subsection
6
,
or
willful
failure
to
comply
with
such
an
20
order
is,
upon
conviction,
subject
to
a
schedule
“one”
penalty
21
as
provided
under
section
327C.5
.
22
b.
A
violation
of
subsection
5
or
rules
adopted
pursuant
23
to
subsection
5
by
a
railroad
worker
transportation
company
or
24
a
railroad
company
is
punishable
as
a
schedule
“one”
penalty
25
under
section
327C.5
.
26
c.
A
railroad
worker
transportation
company
or
a
railroad
27
company
that
violates
this
section
or
a
rule
adopted
pursuant
28
to
this
section
may
be
subject
to
a
civil
penalty
not
to
exceed
29
two
thousand
dollars
in
addition
to
any
other
penalty
provided
30
by
law.
31
d.
Each
violation
of
this
section
or
a
rule
adopted
pursuant
32
to
this
section
constitutes
a
separate
and
distinct
offense,
33
and
for
violations
of
a
continuing
nature,
each
day
that
a
34
violation
continues
constitutes
a
separate
offense.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
companies
that
operate
motor
vehicles
4
and
employ
drivers
for
the
transportation
of
railroad
workers.
5
Under
the
bill,
the
term
employer
means
a
railroad
worker
6
transportation
company.
The
term
employee
refers
to
a
driver
7
who
performs
a
service
for
a
railroad
worker
transportation
8
company,
either
for
wages
or
as
an
independent
contractor.
9
The
bill
requires
an
employer
to
provide
for
annual
10
inspection
of
the
employer’s
motor
vehicles
by
a
qualified
11
person.
In
addition,
each
employee
who
drives
a
motor
vehicle
12
must
complete
a
daily
written
vehicle
report.
An
employer
is
13
also
required
to
establish
a
maintenance
and
repair
program
14
that
includes
inspection
of
each
motor
vehicle
prior
to
the
15
first
service
of
the
vehicle
and
at
each
25,000-mile
interval
16
thereafter,
with
such
inspections
focusing
on
cleanliness
and
17
the
condition
of
vehicle
parts
and
accessories
specified
in
the
18
bill.
An
employer
is
required
to
maintain
records
relating
to
19
vehicle
maintenance
and
repair
for
one
year,
or
for
a
vehicle
20
no
longer
in
the
employer’s
control,
six
months.
The
bill
21
further
requires
a
motor
vehicle
used
by
a
railroad
worker
22
transportation
company
to
transport
railroad
workers
to
have
23
signage
on
each
side
and
on
the
rear
of
the
vehicle
containing
24
the
words
“railroad
worker
transportation
company”
in
letters
25
no
smaller
than
one
inch
in
height.
26
The
bill
requires
an
employer
to
maintain
a
driver
27
qualification
file
for
each
employee
that
includes
specified
28
documentation
relating
to
the
employee’s
driving
record
29
and
employment
record.
The
bill
states
that
an
employee
is
30
disqualified
from
driving
for
an
employer
if
the
driver
is
31
convicted
of
two
or
more
serious
traffic
violations
committed
32
within
three
years
in
Iowa
or
in
any
other
state.
For
purposes
33
of
the
bill,
serious
traffic
violation
means
any
violation
34
committed
while
operating
a
motor
vehicle
if
the
violation
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resulted
in
suspension
or
revocation
of
the
person’s
driver’s
1
license,
or
certain
violations
specified
in
the
bill,
whether
2
or
not
the
violation
resulted
in
license
suspension
or
3
revocation.
4
The
bill
requires
drivers
to
be
tested
for
the
presence
of
5
alcohol
and
controlled
substances
as
a
condition
of
employment.
6
In
addition,
an
employer
is
required
to
have
a
driver
tested
7
for
alcohol
and
controlled
substances
following
certain
8
accidents
occurring
in
the
course
of
the
driver’s
employment.
9
Grounds
for
disqualification
of
a
driver
include
a
test
result
10
indicating
an
alcohol
concentration
above
zero
or
a
controlled
11
substance
test
result
other
than
a
verified
negative;
refusing
12
to
provide
a
specimen
for
testing;
or
adulteration,
dilution,
13
or
substitution
of
a
specimen.
14
The
bill
requires
an
employer
to
maintain
financial
15
liability
coverage
in
the
amount
of
$500,000
per
person,
up
to
16
a
maximum
of
$3
million
per
motor
vehicle
owned
or
operated
17
by
the
employer,
and
uninsured,
underinsured,
and
hit-and-run
18
motorist
coverage
in
the
same
amounts.
19
The
bill
requires
an
employer
to
provide
the
department
of
20
transportation
with
access
to
the
employer’s
facilities
and
to
21
records
relating
to
accidents
involving
the
employer’s
motor
22
vehicles.
23
Pursuant
to
current
law,
a
violation
of
the
provisions
24
relating
to
the
transportation
of
railroad
workers
is
25
punishable
by
a
schedule
“one”
penalty,
which
is
a
fine
of
26
$100.
The
bill
allows
an
additional
civil
penalty
of
up
27
to
$2,000
to
be
imposed
for
any
violation
of
the
bill
by
a
28
railroad
company
or
a
railroad
worker
transportation
company.
29
Each
violation
of
the
provisions
relating
to
the
transportation
30
of
railroad
workers
constitutes
a
separate
and
distinct
31
offense,
and
for
violations
of
a
continuing
nature,
each
day
32
that
a
violation
continues
constitutes
a
separate
offense.
33
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