S.F. 297 Section 1. Section 327G.2, Code 2017, is amended to read as 1 follows: 2 327G.2 Crossings —— signs. 3 Every corporation company constructing or operating a 4 railway shall make and construct at all points where such 5 railway crosses any public road good, sufficient, and safe 6 crossings and erect at such points, at a sufficient elevation 7 from such road as to admit a free passage of vehicles of every 8 kind, a sign with large and distinct letters placed thereon, to 9 give notice of the proximity of the railway, and warn persons 10 of the necessity of looking out for trains. Any railway 11 company neglecting or refusing to comply with the provisions 12 of this section shall be liable for all damages sustained 13 by reason of such refusal or neglect, and it shall only be 14 necessary, in order to recover, for the injured party to prove 15 such neglect or refusal. However, a railway company shall be 16 strictly liable for any damage, injury, or death arising from 17 an accident involving a train and one or more motor vehicles if 18 the accident occurred at any point where the company’s railway 19 crosses a public road. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 Current law requires a corporation constructing or operating 24 a railway to make and construct good, sufficient, and safe 25 crossings and erect appropriate signs at all points where the 26 railway crosses a public road. A railway company neglecting 27 or refusing to comply with these provisions is liable for all 28 damages sustained by reason of such refusal or neglect. 29 This bill provides that a railway company is strictly liable 30 for any damage, injury, or death arising from an accident 31 involving a train and one or more motor vehicles if the 32 accident occurred at any point where the company’s railway 33 crosses a public road. 34 -1- LSB 2230SS (2) 87 ns/nh 1/ 1