House File 2096 HOUSE FILE BY HUSER and T. TAYLOR (COMPANION TO LSB 5700SS BY WARNSTADT) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act requiring the posting of close=clearance warning devices 2 by railroads and providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5700YH 80 5 dea/sh/8 PAG LIN 1 1 Section 1. NEW SECTION. 327F.8 CLOSE=CLEARANCE WARNING 1 2 DEVICES. 1 3 1. A railroad company shall place a warning device at a 1 4 location where the close=clearance between a railway owned by 1 5 the railroad company and a building, machinery, trees, brush, 1 6 or other object is such that the building, machinery, trees, 1 7 brush, or other object physically impedes a person who is 1 8 lawfully riding the side of the train in the course of the 1 9 person's duties in service to the railroad company from 1 10 clearing the building, machinery, trees, brush, or other 1 11 object. 1 12 2. The warning device shall be placed in a location which 1 13 provides adequate notice to a person riding the side of a 1 14 train so that the person may prepare for the close=clearance. 1 15 3. Placement of a warning device pursuant to this section 1 16 does not relieve a railroad company from any duties required 1 17 under chapter 317 or section 327F.27. 1 18 4. A violation of this section is punishable as a schedule 1 19 "one" penalty under section 327C.5. 1 20 EXPLANATION 1 21 This bill requires a railroad company to place warning 1 22 devices at locations along its railways where there is close 1 23 clearance between the railway and any object such that the 1 24 object physically impedes the clearance of a person lawfully 1 25 riding the side of a train in the course of the person's 1 26 duties in service to the railroad. Placement of a warning 1 27 device does not relieve a railroad company from its duties 1 28 concerning control of vegetation and weeds along a railroad 1 29 right=of=way. 1 30 A violation of the bill is punishable as a schedule "one" 1 31 penalty, which carries a monetary penalty of $100 per 1 32 violation. 1 33 LSB 5700YH 80 1 34 dea/sh/8 1 35