Senate File 2054

                                 SENATE FILE       
                                 BY  WARNSTADT, BOLKCOM, DOTZLER,
                                     HATCH, SENG, BEALL, QUIRMBACH,
                                     STEWART, DVORSKY, CONNOLLY,
                                     GRONSTAL, KIBBIE, COURTNEY,
                                     RAGAN, and KREIMAN


    Passed Senate, Date                Passed House,  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 5700SS 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 5700SS 80
  1 34 dea/sh/8
  1 35