Senate File 212 - Introduced SENATE FILE 212 BY SODDERS , BOWMAN , and BRASE A BILL FOR An Act concerning the placement of whistle warning signs 1 along railroad tracks, providing a penalty, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2126SS (2) 85 dea/nh

S.F. 212 Section 1. NEW SECTION . 327F.15 Whistle warning signs. 1 1. A railroad company shall erect and maintain a whistle 2 warning sign along a railroad track owned by the railroad 3 company at a distance of approximately one thousand three 4 hundred twenty feet in each direction in advance of each public 5 highway-rail grade crossing where the sounding of a locomotive 6 whistle or bell is required pursuant to 49 C.F.R. § 222.21 or 7 by section 327G.13. 8 a. A sign required under this subsection shall be made 9 of reflective material and stand at least sixty inches above 10 grade. 11 b. A sign required under this subsection shall be visible 12 to both the engineer and the conductor of a train and shall be 13 maintained clear of obstructions. 14 2. An engineer or conductor, or the representative of 15 an engineer or conductor, may report a missing or damaged 16 whistle warning sign by written notice to the department of 17 transportation. Upon receipt of such notice, the department 18 shall notify the appropriate railroad company, and the railroad 19 company shall repair or replace the missing or damaged sign no 20 later than thirty days after being notified by the department. 21 3. This section does not apply to private highway-rail 22 grade crossings or to public highway-rail grade crossings that 23 are subject to a local ordinance banning the sounding of a 24 whistle. For purposes of this section, “private highway-rail 25 grade crossing” and “public highway-rail grade crossing” mean as 26 defined in 49 C.F.R. § 222.9. 27 4. A railroad company found to have violated this section or 28 a rule adopted or order issued pursuant to this section shall 29 be subject to a schedule “two” penalty as provided in section 30 327C.5. Each day that the violation continues constitutes a 31 separate offense. 32 5. The department may adopt rules as necessary to administer 33 this section. 34 Sec. 2. ADOPTION OF ADMINISTRATIVE RULES. The department 35 -1- LSB 2126SS (2) 85 dea/nh 1/ 3

S.F. 212 of transportation shall adopt rules pursuant to chapter 17A to 1 implement section 327F.15, as enacted in this Act. 2 Sec. 3. EFFECTIVE DATE. Except as otherwise provided, this 3 Act takes effect January 1, 2014. 4 Sec. 4. EFFECTIVE UPON ENACTMENT. The following provision 5 or provisions of this Act, being deemed of immediate 6 importance, take effect upon enactment: 7 1. The section of this Act requiring the adoption of 8 administrative rules by the department of transportation. 9 EXPLANATION 10 This bill requires a railroad company to post whistle 11 warning signs along railroad tracks owned by the railroad. 12 A sign must be posted approximately 1,320 feet (one-quarter 13 mile) in each direction in advance of each public highway-rail 14 crossing where the sounding of a locomotive whistle or bell is 15 required pursuant to federal or state law. The signs must be 16 made of reflective material, stand at least 60 inches above 17 grade, be visible to both the engineer and conductor of a 18 train, and be maintained clear of obstructions. 19 A missing or damaged whistle warning sign may be reported by 20 an engineer or conductor by written notice to the department 21 of transportation. Upon receipt of a report, the department 22 shall notify the railroad company of the damaged or missing 23 sign, and the railroad company is required to replace or repair 24 the sign within 30 days of notification. The requirement to 25 post whistle warning signs in advance of public highway-rail 26 crossings does not apply to private highway-rail crossings nor 27 to public highway-rail crossings that are subject to a local 28 whistle ban. 29 A violation of the requirements of the bill is a schedule 30 “two” violation. Pursuant to current law, a schedule “two” 31 penalty is usually imposed on a railroad company for failing to 32 make a repair of railroad facilities ordered by the department. 33 Each day that a violation continues constitutes a separate 34 offense. 35 -2- LSB 2126SS (2) 85 dea/nh 2/ 3

S.F. 212 The department of transportation is required to adopt rules 1 to implement the requirements of the bill. 2 The bill takes effect January 1, 2014, except that the 3 section of the bill requiring the adoption of rules takes 4 effect upon enactment of the bill. 5 -3- LSB 2126SS (2) 85 dea/nh 3/ 3