S.F. 2307 Section 1. Section 327F.39, subsection 1, Code 2014, is 1 amended by adding the following new paragraphs: 2 NEW PARAGRAPH . 0e. “Employee” , when used in connection 3 with the transportation of railroad workers, means a driver 4 who performs a service for the railroad worker transportation 5 company, either for wages or as an independent contractor. 6 NEW PARAGRAPH . 00e. “Employer” , when used in connection 7 with the transportation of railroad workers, means a railroad 8 worker transportation company. 9 Sec. 2. Section 327F.39, subsection 1, paragraph h, Code 10 2014, is amended to read as follows: 11 h. “Railroad worker transportation company” means a person, 12 other than a railroad corporation company , organized for the 13 purpose of or engaged in the business of transporting, for 14 hire, railroad workers to or from their places of employment or 15 in the course of their employment in motor vehicles designed 16 to carry seven or more persons but fewer than sixteen persons 17 including the driver. 18 Sec. 3. Section 327F.39, subsection 3, Code 2014, is amended 19 by adding the following new paragraphs: 20 NEW PARAGRAPH . a. An employer who owns or operates a 21 motor vehicle for the transportation of railroad workers 22 shall inspect the motor vehicle or cause the motor vehicle to 23 be inspected annually in compliance with 49 C.F.R. §396.17, 24 as amended, by a person qualified to perform the inspection 25 as provided in 49 C.F.R. §396.19, as amended. In addition, 26 the employer shall require each employee who drives a motor 27 vehicle for the transportation of railroad workers to complete 28 a written daily report as provided in 49 C.F.R. §396.11, as 29 amended. 30 NEW PARAGRAPH . b. An employer shall establish a maintenance 31 and repair program that provides for weekly inspection of each 32 motor vehicle operated by its employees for the transportation 33 of railroad workers to assure overall cleanliness of the motor 34 vehicle, that parts and accessories are in safe and operable 35 -1- LSB 2300SV (2) 85 dea/nh 1/ 9

S.F. 2307 condition, and that the motor vehicle is equipped with all of 1 the following in good repair: 2 (1) Tires with sufficient tread as prescribed in 49 C.F.R. 3 §393.75, as amended. 4 (2) A fully inflated spare tire. 5 (3) A secure location for personal baggage, including 6 proper baggage restraints. 7 (4) Fully operational seatbelts for all passenger seats. 8 (5) If required by weather conditions, traction devices, 9 studs, or chains. 10 (6) A heater and air conditioner that are properly working 11 with properly working fans. 12 (7) An emergency road kit that contains, at a minimum, a 13 tire-inflating aerosol can, flares or reflective triangles, 14 jumper cables, and a fire extinguisher. 15 (8) A readily available first aid kit in compliance with 16 29 C.F.R. §1910.151, as amended, which includes the articles 17 described in appendix A of that section. 18 NEW PARAGRAPH . c. A motor vehicle used for the 19 transportation of railroad workers shall be equipped with an 20 operable amber flashing light mounted on the rear one-third 21 portion of the roof in order to provide warning to other 22 motorists whenever the vehicle has slowed or stopped on or near 23 the roadway. 24 NEW PARAGRAPH . d. A motor vehicle used for the 25 transportation of railroad workers shall not be operated in a 26 condition that is likely to cause an accident or a mechanical 27 breakdown. 28 NEW PARAGRAPH . e. An employer shall maintain records 29 relating to the maintenance and repair program for each motor 30 vehicle operated by its employees for the transportation of 31 railroad workers. The records shall include: 32 (1) Identifying information for the motor vehicle, 33 including the vehicle identification number; make, model, and 34 year of manufacture; and the railroad company’s identification 35 -2- LSB 2300SV (2) 85 dea/nh 2/ 9

S.F. 2307 number if provided. 1 (2) Owner information if the employer is not the owner of 2 the vehicle. 3 (3) The history of inspections, repairs, and maintenance 4 that describes each activity and the date the activity was 5 performed. 6 NEW PARAGRAPH . f. Records required under this section shall 7 be maintained by an employer at its principal place of business 8 for one year. If a motor vehicle leaves the employer’s 9 control, the records pertaining to that vehicle shall be 10 maintained by the employer at the employer’s principal place of 11 business for six months. 12 NEW PARAGRAPH . g. An employer and the employer’s officers, 13 agents, and employees who are involved with the inspection or 14 maintenance of motor vehicles shall comply with the employer’s 15 maintenance and repair program as provided under this section. 16 Sec. 4. Section 327F.39, Code 2014, is amended by adding the 17 following new subsections: 18 NEW SUBSECTION . 5A. Driver qualifications. 19 a. An employer shall maintain a driver qualification 20 file for each employee who drives a motor vehicle for the 21 transportation of railroad workers. The driver qualification 22 file shall include all of the following: 23 (1) A certificate of physical examination signed and dated 24 within the previous two years by a physician licensed under 25 chapter 148 certifying that the employee is physically able to 26 operate a motor vehicle. 27 (2) Documentation that the employer has reviewed the 28 driver’s driving record within the previous twelve months. 29 (3) Documentation relating to the driver’s violation of any 30 applicable motor vehicle laws or ordinances. 31 (4) Other documentation related to the driver’s 32 qualification or ability to drive a motor vehicle. 33 (5) The driver’s application for employment as provided by 34 49 C.F.R. §391.21, as amended. 35 -3- LSB 2300SV (2) 85 dea/nh 3/ 9

S.F. 2307 (6) References from previous employers, if required by the 1 current employer. 2 (7) A copy of the driver’s current class D driver’s license 3 or an equivalent driver’s license. 4 b. A person shall be disqualified from driving for an 5 employer if the driver is convicted of two or more serious 6 traffic violations committed within a three-year period in this 7 state or another state. For purposes of this section, “serious 8 traffic violation” means any violation committed while operating 9 a motor vehicle if the violation resulted in the suspension 10 or revocation of the person’s driver’s license, or any of the 11 following violations, whether or not the violation resulted in 12 license suspension or revocation: 13 (1) A violation of chapter 321J or an equivalent law of 14 another state. 15 (2) A seat belt violation. 16 (3) A violation of commercial motor vehicle laws. 17 (4) A speeding violation for a speed of fifteen miles per 18 hour or more over the legal limit. 19 (5) Negligent homicide. 20 (6) Using a motor vehicle in the commission of a felony. 21 (7) Evading arrest. 22 (8) Using a motor vehicle to flee law enforcement. 23 (9) Careless driving. 24 (10) Prohibited passing of another vehicle. 25 (11) Unlawfully passing a stopped school bus. 26 (12) Failure to obey an official traffic-control signal or 27 device. 28 (13) Failure to obey a railroad crossing gate. 29 (14) Driving while the person’s driver’s license or 30 operating privileges are suspended, canceled, or revoked. 31 (15) Driving the wrong way on a one-way street. 32 c. Prior to allowing a person to perform the duties of 33 a driver, an employer shall require the person to submit to 34 testing for alcohol and controlled substances as provided in 35 -4- LSB 2300SV (2) 85 dea/nh 4/ 9

S.F. 2307 49 C.F.R. pts. 40 and 382, as amended. A person shall not be 1 allowed to perform the duties of a driver unless the alcohol 2 test result for the person indicates an alcohol concentration 3 of zero and the controlled substances test result from a 4 medical review officer, as defined in 49 C.F.R. §40.3, as 5 amended, indicates a verified negative. 6 d. (1) As soon as practicable following an accident 7 involving a motor vehicle owned or operated by an employer, 8 the employer shall test each surviving driver for alcohol and 9 controlled substances if any of the following apply: 10 (a) The accident involved the death of a person. 11 (b) The driver received a citation for a moving violation 12 arising from the accident and the accident involved bodily 13 injury to a person who immediately received medical treatment 14 after the accident. 15 (c) The driver received a citation for a moving violation 16 arising from the accident and the accident involved disabling 17 damage to one or more motor vehicles involved in the accident. 18 (2) Testing for the presence of alcohol shall be conducted 19 immediately following the accident or no later than eight hours 20 after the accident. Testing for the presence of controlled 21 substances shall be conducted immediately following the 22 accident or no later than thirty-two hours after the accident. 23 The test results shall be submitted to the department. The 24 employer shall maintain a record of the test results for five 25 years following the date of the accident. 26 e. Notwithstanding any other provision, a person shall be 27 disqualified from driving for the employer upon the occurrence 28 of any of the following: 29 (1) The person’s alcohol and controlled substances test 30 results are not in compliance with paragraph “c” . 31 (2) The person refuses to provide a specimen for alcohol 32 testing, testing for controlled substances, or both. 33 (3) The person submits an adulterated specimen, a dilute 34 positive specimen, or a substituted specimen for an alcohol 35 -5- LSB 2300SV (2) 85 dea/nh 5/ 9

S.F. 2307 test or a test for controlled substances. 1 f. Testing of an employee for the presence of alcohol or a 2 controlled substance under this subsection shall be performed 3 in accordance with section 730.5. 4 NEW SUBSECTION . 5B. Financial liability coverage. 5 a. An employer shall maintain financial liability coverage 6 in the amount of one million dollars per person, up to a 7 maximum of five million dollars, for each motor vehicle owned 8 or operated by the employer to transport railroad workers. 9 b. An employer shall maintain uninsured and underinsured 10 motor vehicle coverage in the amount of one million dollars 11 per motor vehicle occupant, up to a maximum of five million 12 dollars, for each motor vehicle owned or operated by the 13 employer to transport railroad workers. 14 Sec. 5. Section 327F.39, subsection 6, Code 2014, is amended 15 to read as follows: 16 6. Rule violations Violations . When the administrator 17 finds that a motor vehicle used to transport workers to and 18 from their places of employment or during the course of their 19 employment violates is not in compliance with this section or a 20 rule adopted under this section , the administrator shall make, 21 enter, and serve upon the owner of the motor vehicle an order 22 as necessary to protect the safety of workers transported in 23 the motor vehicle. The administrator may direct in the order, 24 as a condition to the continued use of the motor vehicle for 25 transporting workers to and from their places of employment or 26 during the course of their employment, that additions, repairs, 27 improvements, or changes be made and that safety devices and 28 safeguards be furnished and used as required to satisfy the 29 rules in the manner and within the time specified in the order. 30 The order may also require that any driver of the motor vehicle 31 satisfy the minimum standards for a driver under the this 32 section or rules adopted under this section . 33 Sec. 6. Section 327F.39, Code 2014, is amended by adding the 34 following new subsection: 35 -6- LSB 2300SV (2) 85 dea/nh 6/ 9

S.F. 2307 NEW SUBSECTION . 6A. Access provided to department. An 1 employer shall provide the department, or an agent or employee 2 of the department, with access to the following: 3 a. A facility owned or controlled by the employer, for the 4 purpose of determining compliance with this section. 5 b. Records related to an accident involving a vehicle owned 6 or operated by the employer. 7 Sec. 7. Section 327F.39, subsection 7, Code 2014, is amended 8 to read as follows: 9 7. Penalty. 10 a. Violation Except as otherwise provided in this 11 subsection, a violation by the owner of a motor vehicle of this 12 section , a rule adopted under this section , or an order issued 13 under subsection 6 , or willful failure to comply with such an 14 order is, upon conviction, subject to a schedule “one” penalty 15 as provided under section 327C.5 . 16 b. A violation of subsection 5 or rules adopted pursuant 17 to subsection 5 by a railroad worker transportation company or 18 a railroad company is punishable as a schedule “one” penalty 19 under section 327C.5 . 20 c. A railroad worker transportation company or a railroad 21 company that violates this section or a rule adopted pursuant 22 to this section may be subject to a civil penalty not to exceed 23 two thousand dollars in addition to any other penalty provided 24 by law. 25 d. Each violation of this section or a rule adopted pursuant 26 to this section constitutes a separate and distinct offense, 27 and for violations of a continuing nature, each day that a 28 violation continues constitutes a separate offense. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill contains provisions relating to companies 33 that operate motor vehicles and employ drivers for the 34 transportation of railroad workers. 35 -7- LSB 2300SV (2) 85 dea/nh 7/ 9

S.F. 2307 Under the bill, the term “employer” means a railroad worker 1 transportation company. The term “employee” refers to a driver 2 who performs a service for a railroad worker transportation 3 company, either for wages or as an independent contractor. 4 The bill requires an employer to provide for annual 5 inspection of the employer’s motor vehicles by a qualified 6 person. In addition, each employee who drives a motor vehicle 7 must complete a daily written vehicle report. An employer is 8 also required to establish a maintenance and repair program 9 that includes weekly inspection of each motor vehicle, with a 10 focus on cleanliness and the condition of vehicle parts and 11 accessories specified in the bill. An employer is required to 12 maintain records relating to vehicle maintenance and repair for 13 one year, or for a vehicle no longer in the employer’s control, 14 for six months. 15 The bill requires an employer to maintain a driver 16 qualification file for each employee that includes specified 17 documentation relating to the employee’s driving record 18 and employment record. The bill states that an employee 19 is disqualified from driving for an employer if the driver 20 is convicted of two or more serious traffic violations 21 committed within three years in Iowa or in any other state. 22 For purposes of the bill, “serious traffic violation” means 23 any violation committed while operating a motor vehicle 24 if the violation resulted in suspension or revocation of 25 the person’s drivers license, or the following violations, 26 whether or not the violation resulted in license suspension 27 or revocation: operating while intoxicated, a seat belt 28 violation, a violation of commercial motor vehicle laws, 29 speeding more than 15 miles per hour over the limit, negligent 30 homicide, using a motor vehicle in commission of a felony, 31 evading arrest, using a motor vehicle to flee law enforcement, 32 careless driving, prohibited passing, unlawfully passing a 33 school bus, failure to obey a traffic control signal or device, 34 driving while suspended, and driving the wrong way on a one-way 35 -8- LSB 2300SV (2) 85 dea/nh 8/ 9

S.F. 2307 street. 1 The bill requires drivers to be tested for the presence of 2 alcohol and controlled substances as a condition of employment. 3 In addition, an employer is required to have a driver tested 4 for alcohol and controlled substances following an accident 5 occurring in the course of the driver’s employment if the 6 accident involved the death of a person, or if the accident 7 resulted in bodily injury to a person or disabling damage to a 8 motor vehicle and the driver received a citation for a moving 9 violation. Grounds for disqualification of a driver include 10 a test result indicating an alcohol concentration above zero 11 or a controlled substance test result other than a verified 12 negative; refusing to provide a specimen for testing; or 13 adulteration, dilution, or substitution of a specimen. 14 The bill requires an employer to maintain financial 15 liability coverage in the amount of $1 million per person, up 16 to a maximum of $5 million per motor vehicle owned or operated 17 by the employer and uninsured or underinsured motorist coverage 18 in the amount of $1 million per motor vehicle occupant, up to a 19 maximum of $5 million per motor vehicle. 20 The bill requires an employer to provide the department of 21 transportation with access to the employer’s facilities and to 22 records relating to accidents involving the employer’s motor 23 vehicles. 24 Pursuant to current law, a violation of the provisions 25 relating to the transportation of railroad workers is 26 punishable by a schedule “one” penalty, which is a fine of 27 $100. The bill allows an additional civil penalty of up to 28 $2,000 to be imposed for any violation of the provisions of the 29 bill by a railroad company or a railroad worker transportation 30 company. Each violation of the provisions relating to the 31 transportation of railroad workers constitutes a separate and 32 distinct offense, and for violations of a continuing nature, 33 each day that a violation continues constitutes a separate 34 offense. 35 -9- LSB 2300SV (2) 85 dea/nh 9/ 9