SF 248 (LSB 2387XS (2) 88)

SENATE FILE 248

BY  T. TAYLOR, DANIELSON, KINNEY, J. SMITH, LYKAM, and R. TAYLOR

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  327F.33  Crew size —— penalties.
   1.  A locomotive or railroad train operating on a railroad track in connection with the movement of freight shall be operated by a crew consisting of at least two railroad employees. This section does not apply to the operation of a locomotive or railroad train in connection with a hostler service or utility service.
   2.  a.  A railroad company found guilty of willfully violating subsection 1 shall, upon conviction, be subject to one of the following penalties:
   (1)  For a first offense, a schedule “three” penalty as provided in section 327C.5.
   (2)  For a second or subsequent offense, a schedule “five” penalty as provided in section 327C.5. A second offense under this section shall be a first violation for the purposes of calculating the schedule “five” penalty.
   b.  For purposes of determining whether a conviction is a first, second, or subsequent offense, only offenses committed within the three-year period prior to the most recent offense shall be considered.
    Sec. 2.  EFFECTIVE DATE.  This Act takes effect thirty days after enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires a locomotive or railroad train operating on a railroad track in connection with the movement of freight to be operated by a crew consisting of at least two railroad employees. This requirement does not apply to the operation of a locomotive or railroad train in connection with a hostler service or utility service.
   The bill provides that a railroad company found guilty of willfully violating this requirement is subject to a penalty of not less than $500 and not more than $1,000 for a first offense, not less than $500 and not more than $5,000 for a second offense, and not less than $5,000 and not more than $10,000 for a third or subsequent offense. For purposes of determining whether a conviction is a first, second, or subsequent offense, the bill provides that only offenses committed within the three-year period prior to the most recent offense shall be considered.
   The bill takes effect 30 days after enactment.