H.F. _____ Section 1. Section 327F.39, subsection 1, Code 2017, 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 2017, 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 2017, is 19 amended by adding the following new paragraphs after unnumbered 20 paragraph 1: 21 NEW PARAGRAPH . a. An employer who owns or operates a 22 motor vehicle for the transportation of railroad workers 23 shall inspect the motor vehicle or cause the motor vehicle to 24 be inspected annually in compliance with 49 C.F.R. §396.17, 25 as amended, by a person qualified to perform the inspection 26 as provided in 49 C.F.R. §396.19, as amended. In addition, 27 the employer shall require each employee who drives a motor 28 vehicle for the transportation of railroad workers to complete 29 a written daily report as provided in 49 C.F.R. §396.11, as 30 amended. 31 NEW PARAGRAPH . b. An employer shall establish a maintenance 32 and repair program that provides for inspection of each motor 33 vehicle operated by its employees for the transportation of 34 railroad workers prior to the first service of the vehicle 35 -1- LSB 2472YC (1) 87 ns/nh 1/ 10

H.F. _____ and at each twenty-five-thousand-mile interval thereafter, 1 to assure overall cleanliness of the vehicle, that parts and 2 accessories are in safe and operable condition, and that the 3 vehicle is equipped with all of the following in good repair: 4 (1) Tires with sufficient tread as prescribed in 49 C.F.R. 5 §393.75, as amended. 6 (2) A fully inflated spare tire. 7 (3) A secure location for personal baggage, including 8 proper baggage restraints. 9 (4) Fully operational seatbelts for all passenger seats. 10 (5) A heater and air conditioner that are properly working 11 with properly working fans. 12 (6) An emergency road kit that contains, at a minimum, 13 flares or reflective triangles, a fire extinguisher, and a 14 readily available first aid kit in compliance with 29 C.F.R. 15 §1910.151, as amended, which includes the articles described 16 in appendix A of that section. 17 NEW PARAGRAPH . c. The operator of a motor vehicle used 18 for the transportation of railroad workers shall activate the 19 vehicle’s emergency signal lamps when the vehicle is stopped 20 on or near the roadway. 21 NEW PARAGRAPH . d. A motor vehicle used for the 22 transportation of railroad workers shall not be operated in a 23 condition that is likely to cause an accident or a mechanical 24 breakdown. 25 NEW PARAGRAPH . e. An employer shall maintain records 26 relating to the maintenance and repair program for each motor 27 vehicle operated by its employees for the transportation of 28 railroad workers. The records shall include: 29 (1) Identifying information for the motor vehicle, 30 including the vehicle identification number; make, model, and 31 year of manufacture; and the railroad company’s identification 32 number if provided. 33 (2) Owner information if the employer is not the owner of 34 the vehicle. 35 -2- LSB 2472YC (1) 87 ns/nh 2/ 10

H.F. _____ (3) The history of inspections, repairs, and maintenance 1 that describes each activity and the date the activity was 2 performed. 3 NEW PARAGRAPH . f. Records required under this section shall 4 be maintained by an employer at its principal place of business 5 for one year. If a motor vehicle leaves the employer’s 6 control, the records pertaining to that vehicle shall be 7 maintained by the employer at the employer’s principal place of 8 business for six months. 9 NEW PARAGRAPH . g. An employer and the employer’s officers, 10 agents, and employees who are involved with the inspection or 11 maintenance of motor vehicles shall comply with the employer’s 12 maintenance and repair program as provided under this section. 13 NEW PARAGRAPH . h. A motor vehicle used by a railroad worker 14 transportation company to transport railroad workers shall have 15 signage on each side and on the rear of the vehicle containing 16 the words “railroad worker transportation company” in letters 17 no smaller than one inch in height. 18 Sec. 4. Section 327F.39, Code 2017, is amended by adding the 19 following new subsections: 20 NEW SUBSECTION . 5A. Driver qualifications. 21 a. An employer shall maintain a driver qualification 22 file for each employee who drives a motor vehicle for the 23 transportation of railroad workers. The driver qualification 24 file shall include all of the following: 25 (1) A certificate of physical examination signed and dated 26 within the previous two years by a physician licensed under 27 chapter 148 certifying that the employee is physically able to 28 operate a motor vehicle. 29 (2) Documentation that the employer has reviewed the 30 driver’s driving record within the previous twelve months. 31 (3) Documentation relating to the driver’s violation of any 32 applicable motor vehicle laws or ordinances. 33 (4) Other documentation related to the driver’s 34 qualification or ability to drive a motor vehicle. 35 -3- LSB 2472YC (1) 87 ns/nh 3/ 10

H.F. _____ (5) The driver’s application for employment as provided by 1 49 C.F.R. §391.21, as amended. 2 (6) References from previous employers, if required by the 3 current employer. 4 (7) A copy of the driver’s current class D driver’s license 5 or an equivalent driver’s license. 6 b. A person shall be disqualified from driving for an 7 employer if the driver is convicted of two or more serious 8 traffic violations committed within a three-year period in this 9 state or another state. For purposes of this section, “serious 10 traffic violation” means any violation committed while operating 11 a motor vehicle if the violation resulted in the suspension 12 or revocation of the person’s driver’s license, or any of the 13 following violations, whether or not the violation resulted in 14 license suspension or revocation: 15 (1) A violation of chapter 321J or an equivalent law of 16 another state. 17 (2) A seat belt violation. 18 (3) A violation of commercial motor vehicle laws. 19 (4) A speeding violation for a speed of fifteen miles per 20 hour or more over the legal limit. 21 (5) Negligent homicide. 22 (6) Using a motor vehicle in the commission of a felony. 23 (7) Evading arrest. 24 (8) Using a motor vehicle to flee law enforcement. 25 (9) Careless driving. 26 (10) Prohibited passing of another vehicle. 27 (11) Unlawfully passing a stopped school bus. 28 (12) Failure to obey an official traffic-control signal or 29 device. 30 (13) Failure to obey a railroad crossing gate. 31 (14) Driving while the person’s driver’s license or 32 operating privileges are suspended, canceled, or revoked. 33 (15) Driving the wrong way on a one-way street. 34 c. Prior to allowing a person to perform the duties of 35 -4- LSB 2472YC (1) 87 ns/nh 4/ 10

H.F. _____ a driver, an employer shall require the person to submit to 1 testing for alcohol and controlled substances as provided in 2 49 C.F.R. pts. 40 and 382, as amended. A person shall not be 3 allowed to perform the duties of a driver unless the alcohol 4 test result for the person indicates an alcohol concentration 5 of zero and the controlled substances test result from a 6 medical review officer, as discussed in 49 C.F.R. §40.3, as 7 amended, indicates a verified negative. 8 d. (1) As soon as practicable following an accident 9 involving a motor vehicle owned or operated by an employer, 10 the employer shall test each surviving driver for alcohol and 11 controlled substances if any of the following apply: 12 (a) The accident involved the death of a person. 13 (b) The driver received a citation for a moving violation 14 arising from the accident and the accident involved bodily 15 injury to a person who immediately received medical treatment 16 after the accident. 17 (c) The driver received a citation for a moving violation 18 arising from the accident and the accident involved disabling 19 damage to one or more motor vehicles involved in the accident. 20 (2) Testing for the presence of alcohol shall be conducted 21 immediately following the accident or no later than eight hours 22 after the accident. Testing for the presence of controlled 23 substances shall be conducted immediately following the 24 accident or no later than thirty-two hours after the accident. 25 The test results shall be submitted to the department. The 26 employer shall maintain a record of the test results for five 27 years following the date of the accident. 28 e. Notwithstanding any other provision, a person shall be 29 disqualified from driving for the employer upon the occurrence 30 of any of the following: 31 (1) The person’s alcohol and controlled substances test 32 results are not in compliance with paragraph “c” . 33 (2) The person refuses to provide a specimen for alcohol 34 testing, testing for controlled substances, or both. 35 -5- LSB 2472YC (1) 87 ns/nh 5/ 10

H.F. _____ (3) The person submits an adulterated specimen, a dilute 1 positive specimen, or a substituted specimen for an alcohol 2 test or a test for controlled substances. 3 f. Testing of an employee for the presence of alcohol or a 4 controlled substance under this subsection shall be performed 5 in accordance with section 730.5. 6 NEW SUBSECTION . 5B. Financial liability coverage. 7 a. An employer shall maintain financial liability coverage 8 in the amount of five hundred thousand dollars per person, 9 up to a maximum of three million dollars, for each motor 10 vehicle owned or operated by the employer to transport railroad 11 workers. 12 b. An employer shall maintain uninsured and underinsured 13 motor vehicle coverage in the amount of five hundred thousand 14 dollars per motor vehicle occupant, up to a maximum of three 15 million dollars, for each motor vehicle owned or operated by 16 the employer to transport railroad workers. 17 Sec. 5. Section 327F.39, subsection 6, Code 2017, is amended 18 to read as follows: 19 6. Rule violations Violations . When the administrator 20 finds that a motor vehicle used to transport workers to and 21 from their places of employment or during the course of their 22 employment violates is not in compliance with this section or a 23 rule adopted under this section , the administrator shall make, 24 enter, and serve upon the owner of the motor vehicle an order 25 as necessary to protect the safety of workers transported in 26 the motor vehicle. The administrator may direct in the order, 27 as a condition to the continued use of the motor vehicle for 28 transporting workers to and from their places of employment or 29 during the course of their employment, that additions, repairs, 30 improvements, or changes be made and that safety devices and 31 safeguards be furnished and used as required to satisfy the 32 rules in the manner and within the time specified in the order. 33 The order may also require that any driver of the motor vehicle 34 satisfy the minimum standards for a driver under the this 35 -6- LSB 2472YC (1) 87 ns/nh 6/ 10

H.F. _____ section or rules adopted under this section . 1 Sec. 6. Section 327F.39, Code 2017, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 6A. Access provided to department. An 4 employer shall provide the department, or an agent or employee 5 of the department, with access to the following: 6 a. A facility owned or controlled by the employer, for the 7 purpose of determining compliance with this section. 8 b. Records related to an accident involving a vehicle owned 9 or operated by the employer. 10 Sec. 7. Section 327F.39, subsection 7, Code 2017, is amended 11 to read as follows: 12 7. Penalty. 13 a. Violation Except as otherwise provided in this 14 subsection, a violation by the owner of a motor vehicle of this 15 section , a rule adopted under this section , or an order issued 16 under subsection 6 , or willful failure to comply with such an 17 order is, upon conviction, subject to a schedule “one” penalty 18 as provided under section 327C.5 . 19 b. A violation of subsection 5 or rules adopted pursuant 20 to subsection 5 by a railroad worker transportation company or 21 a railroad company is punishable as a schedule “one” penalty 22 under section 327C.5 . 23 c. A railroad worker transportation company or a railroad 24 company that violates this section or a rule adopted pursuant 25 to this section may be subject to a civil penalty not to exceed 26 two thousand dollars in addition to any other penalty provided 27 by law. 28 d. Each violation of this section or a rule adopted pursuant 29 to this section constitutes a separate and distinct offense, 30 and for violations of a continuing nature, each day that a 31 violation continues constitutes a separate offense. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -7- LSB 2472YC (1) 87 ns/nh 7/ 10

H.F. _____ This bill contains provisions relating to companies 1 that operate motor vehicles and employ drivers for the 2 transportation of railroad workers. 3 Under the bill, the term “employer” means a railroad worker 4 transportation company. The term “employee” refers to a driver 5 who performs a service for a railroad worker transportation 6 company, either for wages or as an independent contractor. 7 The bill requires an employer to provide for annual 8 inspection of the employer’s motor vehicles by a qualified 9 person. In addition, each employee who drives a motor vehicle 10 must complete a daily written vehicle report. An employer is 11 also required to establish a maintenance and repair program 12 that includes inspection of each motor vehicle prior to the 13 first service of the vehicle and at each 25,000-mile interval 14 thereafter, with such inspections focusing on cleanliness and 15 the condition of vehicle parts and accessories specified in the 16 bill. An employer is required to maintain records relating to 17 vehicle maintenance and repair for one year, or for a vehicle 18 no longer in the employer’s control, for six months. The bill 19 further requires a motor vehicle used by a railroad worker 20 transportation company to transport railroad workers to have 21 signage on each side and on the rear of the vehicle containing 22 the words “railroad worker transportation company” in letters 23 no smaller than one inch in height. 24 The bill requires an employer to maintain a driver 25 qualification file for each employee that includes specified 26 documentation relating to the employee’s driving record 27 and employment record. The bill states that an employee 28 is disqualified from driving for an employer if the driver 29 is convicted of two or more serious traffic violations 30 committed within three years in Iowa or in any other state. 31 For purposes of the bill, “serious traffic violation” means 32 any violation committed while operating a motor vehicle if 33 the violation resulted in suspension or revocation of the 34 person’s driver’s license, or the following violations, 35 -8- LSB 2472YC (1) 87 ns/nh 8/ 10

H.F. _____ whether or not the violation resulted in license suspension 1 or revocation: operating while intoxicated, a seat belt 2 violation, a violation of commercial motor vehicle laws, 3 speeding more than 15 miles per hour over the limit, negligent 4 homicide, using a motor vehicle in commission of a felony, 5 evading arrest, using a motor vehicle to flee law enforcement, 6 careless driving, prohibited passing, unlawfully passing a 7 school bus, failure to obey a traffic control signal or device, 8 driving while suspended, and driving the wrong way on a one-way 9 street. 10 The bill requires drivers to be tested for the presence of 11 alcohol and controlled substances as a condition of employment. 12 In addition, an employer is required to have a driver tested 13 for alcohol and controlled substances following an accident 14 occurring in the course of the driver’s employment if the 15 accident involved the death of a person, or if the accident 16 resulted in bodily injury to a person or disabling damage to a 17 motor vehicle and the driver received a citation for a moving 18 violation. Grounds for disqualification of a driver include 19 a test result indicating an alcohol concentration above zero 20 or a controlled substance test result other than a verified 21 negative; refusing to provide a specimen for testing; or 22 adulteration, dilution, or substitution of a specimen. 23 The bill requires an employer to maintain financial 24 liability coverage in the amount of $500,000 per person, up to 25 a maximum of $3 million per motor vehicle owned or operated by 26 the employer, and uninsured or underinsured motorist coverage 27 in the amount of $500,000 per motor vehicle occupant, up to a 28 maximum of $3 million per motor vehicle. 29 The bill requires an employer to provide the department of 30 transportation with access to the employer’s facilities and to 31 records relating to accidents involving the employer’s motor 32 vehicles. 33 Pursuant to current law, a violation of the provisions 34 relating to the transportation of railroad workers is 35 -9- LSB 2472YC (1) 87 ns/nh 9/ 10

H.F. _____ punishable by a schedule “one” penalty, which is a fine of 1 $100. The bill allows an additional civil penalty of up to 2 $2,000 to be imposed for any violation of the provisions of the 3 bill by a railroad company or a railroad worker transportation 4 company. Each violation of the provisions relating to the 5 transportation of railroad workers constitutes a separate and 6 distinct offense, and for violations of a continuing nature, 7 each day that a violation continues constitutes a separate 8 offense. 9 -10- LSB 2472YC (1) 87 ns/nh 10/ 10