Senate Amendment 3216


PAG LIN




     1  1    Amend Senate File 472 as follows:
     1  2 #1.  By striking everything after the enacting
     1  3 clause and inserting the following:
     1  4    <Section 1.  NEW SECTION.  327F.13  CLOSE=CLEARANCE
     1  5 WARNING DEVICES.
     1  6    1.  The owner of a railroad track shall place a
     1  7 warning device at a location where the close clearance
     1  8 between the track and a building, machinery, trees,
     1  9 brush, or other object is such that the building,
     1 10 machinery, trees, brush, or other object physically
     1 11 impedes a person who is lawfully riding the side of a
     1 12 train in the course of the person's duties in service
     1 13 to a railroad company from clearing the building,
     1 14 machinery, trees, brush, or other object.
     1 15    2.  The warning device shall be placed in a
     1 16 location which provides adequate notice to a person
     1 17 riding the side of a train so that the person may
     1 18 prepare for the close clearance.  Any signs posted
     1 19 shall not be a danger to other persons working on the
     1 20 property.
     1 21    3.  Placement of a warning device pursuant to this
     1 22 section does not relieve the owner of a railroad track
     1 23 from any duties required under chapter 317 or section
     1 24 327F.27.
     1 25    4.  A violation of this section is punishable as a
     1 26 schedule "one" penalty under section 327C.5.
     1 27    5.  This section does not apply to a railroad that
     1 28 operates locomotives powered by overhead or suspended
     1 29 electric power lines.
     1 30    6.  The department of transportation shall adopt
     1 31 rules to implement this section.  Notwithstanding any
     1 32 other provision, the department of transportation
     1 33 shall be allowed to enter any property on which
     1 34 railroad track is located for the purpose of
     1 35 administering and enforcing this section.  Entry upon
     1 36 any private property shall be with knowledge and
     1 37 notice to the property owner.>
     1 38 #2.  Title page, by striking lines 1 and 2 and
     1 39 inserting the following:  <An Act requiring the
     1 40 posting of close=clearance warning devices along
     1 41 railroad tracks and providing a penalty.>
     1 42
     1 43
     1 44                               
     1 45 DICK L. DEARDEN
     1 46 SF 472.501 82
     1 47 dea/je/8668
   1 48
   1 49
   1 50

                              -1-