Senate
Study
Bill
1043
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
BOWMAN)
A
BILL
FOR
An
Act
relating
to
the
operation
of
railroad
trains
by
a
crew
1
of
two
or
more
persons,
providing
penalties,
and
including
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
NEW
SECTION
.
327F.33
Crew
size
——
penalties.
1
1.
A
locomotive
or
railroad
train
operating
upon
a
railroad
2
track
in
connection
with
the
movement
of
freight
shall
3
be
operated
by
a
crew
consisting
of
at
least
two
railroad
4
employees.
This
section
does
not
apply
to
the
operation
of
5
a
locomotive
or
railroad
train
in
connection
with
a
hostler
6
service
or
utility
service.
7
2.
a.
A
railroad
corporation
found
guilty
of
willfully
8
violating
subsection
1
shall,
upon
conviction,
be
subject
to
9
one
of
the
following
penalties:
10
(1)
For
a
first
offense,
a
schedule
“three”
penalty.
11
(2)
For
a
second
or
subsequent
offense,
a
schedule
“five”
12
penalty.
A
second
offense
under
this
section
shall
be
a
first
13
violation
for
the
purposes
of
calculating
the
schedule
“five”
14
penalty.
15
b.
For
the
purposes
of
determining
whether
a
conviction
is
16
a
first,
second,
or
subsequent
offense,
only
offenses
committed
17
within
the
three
years
prior
to
the
most
recent
offense
shall
18
be
considered.
19
Sec.
2.
EFFECTIVE
DATE.
This
Act
takes
effect
thirty
days
20
after
enactment.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
requires
a
locomotive
or
railroad
train
operating
25
upon
a
railroad
track
in
connection
with
the
movement
of
26
freight
to
be
operated
by
a
crew
consisting
of
at
least
two
27
railroad
employees.
This
requirement
does
not
apply
to
the
28
operation
of
a
locomotive
or
railroad
train
in
connection
with
29
a
hostler
service
or
utility
service.
30
The
bill
provides
that
a
railroad
corporation
found
guilty
31
of
willfully
violating
this
requirement
shall
be
subject
to
32
a
penalty
of
not
less
than
$500
and
not
more
than
$1,000
for
33
a
first
offense,
not
less
than
$500
and
not
more
than
$5,000
34
for
a
second
offense,
and
not
less
than
$5,000
and
not
more
35
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S.F.
_____
than
$10,000
for
a
subsequent
offense.
For
the
purposes
1
of
determining
whether
a
conviction
is
a
first,
second,
or
2
subsequent
offense,
the
bill
provides
that
only
offenses
3
committed
within
the
three
years
prior
to
the
most
recent
4
offense
shall
be
considered.
5
The
bill
takes
effect
30
days
after
enactment.
6
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