Bill Text: IA SF297 | 2017-2018 | 87th General Assembly | Introduced

Iowa Senate Bill 297 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to railway company liability for accidents involving motor vehicles and trains.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-09 - Subcommittee reassigned: Brown, Lykam, and Smith. S.J. 68. [SF297 Detail]

Download: Iowa-2017-SF297-Introduced.html


Senate File 297 - Introduced




                                 SENATE FILE       
                                 BY  DANIELSON

                                      A BILL FOR

  1 An Act relating to railway company liability for accidents
  2    involving motor vehicles and trains.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 327G.2, Code 2017, is amended to read as
  1  2 follows:
  1  3    327G.2  Crossings == signs.
  1  4    Every corporation company constructing or operating a
  1  5 railway shall make and construct at all points where such
  1  6 railway crosses any public road good, sufficient, and safe
  1  7 crossings and erect at such points, at a sufficient elevation
  1  8 from such road as to admit a free passage of vehicles of every
  1  9 kind, a sign with large and distinct letters placed thereon, to
  1 10 give notice of the proximity of the railway, and warn persons
  1 11 of the necessity of looking out for trains. Any railway
  1 12 company neglecting or refusing to comply with the provisions
  1 13 of this section shall be liable for all damages sustained
  1 14 by reason of such refusal or neglect, and it shall only be
  1 15 necessary, in order to recover, for the injured party to prove
  1 16 such neglect or refusal.  However, a railway company shall be
  1 17 strictly liable for any damage, injury, or death arising from
  1 18 an accident involving a train and one or more motor vehicles if
  1 19 the accident occurred at any point where the company's railway
  1 20 crosses a public road.
  1 21                           EXPLANATION
  1 22 The inclusion of this explanation does not constitute agreement with
  1 23 the explanation's substance by the members of the general assembly.
  1 24    Current law requires a corporation constructing or operating
  1 25 a railway to make and construct good, sufficient, and safe
  1 26 crossings and erect appropriate signs at all points where the
  1 27 railway crosses a public road. A railway company neglecting
  1 28 or refusing to comply with these provisions is liable for all
  1 29 damages sustained by reason of such refusal or neglect.
  1 30    This bill provides that a railway company is strictly liable
  1 31 for any damage, injury, or death arising from an accident
  1 32 involving a train and one or more motor vehicles if the
  1 33 accident occurred at any point where the company's railway
  1 34 crosses a public road.
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       ns/nh