Senate Study Bill 1043 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BOWMAN) 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 1696SC (3) 86 ns/nh

S.F. _____ Section 1. NEW SECTION . 327F.33 Crew size —— penalties. 1 1. A locomotive or railroad train operating upon 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 corporation 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. 11 (2) For a second or subsequent offense, a schedule “five” 12 penalty. A second offense under this section shall be a first 13 violation for the purposes of calculating the schedule “five” 14 penalty. 15 b. For the purposes of determining whether a conviction is 16 a first, second, or subsequent offense, only offenses committed 17 within the three years prior to the most recent offense shall 18 be considered. 19 Sec. 2. EFFECTIVE DATE. This Act takes effect thirty days 20 after enactment. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill requires a locomotive or railroad train operating 25 upon a railroad track in connection with the movement of 26 freight to be operated by a crew consisting of at least two 27 railroad employees. This requirement does not apply to the 28 operation of a locomotive or railroad train in connection with 29 a hostler service or utility service. 30 The bill provides that a railroad corporation found guilty 31 of willfully violating this requirement shall be subject to 32 a penalty of not less than $500 and not more than $1,000 for 33 a first offense, not less than $500 and not more than $5,000 34 for a second offense, and not less than $5,000 and not more 35 -1- LSB 1696SC (3) 86 ns/nh 1/ 2

S.F. _____ than $10,000 for a subsequent offense. For the purposes 1 of determining whether a conviction is a first, second, or 2 subsequent offense, the bill provides that only offenses 3 committed within the three years prior to the most recent 4 offense shall be considered. 5 The bill takes effect 30 days after enactment. 6 -2- LSB 1696SC (3) 86 ns/nh 2/ 2