House
File
2634
-
Introduced
HOUSE
FILE
2634
BY
KURTZ
,
THEDE
,
HUNTER
,
M.
SMITH
,
and
THORUP
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
TLSB
6095YH
(3)
88
mo/ns
H.F.
2634
Section
1.
NEW
SECTION
.
327F.33
Crew
size
——
penalties.
1
1.
A
locomotive
or
railroad
train
operating
on
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
company
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
as
11
provided
in
section
327C.5.
12
(2)
For
a
second
or
subsequent
offense,
a
schedule
“five”
13
penalty
as
provided
in
section
327C.5.
A
second
offense
under
14
this
section
shall
be
a
first
violation
for
the
purposes
of
15
calculating
the
schedule
“five”
penalty.
16
b.
For
purposes
of
determining
whether
a
conviction
is
a
17
first,
second,
or
subsequent
offense,
only
offenses
committed
18
within
the
three-year
period
prior
to
the
most
recent
offense
19
shall
be
considered.
20
Sec.
2.
EFFECTIVE
DATE.
This
Act
takes
effect
thirty
days
21
after
enactment.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
requires
a
locomotive
or
railroad
train
operating
26
on
a
railroad
track
in
connection
with
the
movement
of
freight
27
to
be
operated
by
a
crew
consisting
of
at
least
two
railroad
28
employees.
This
requirement
does
not
apply
to
the
operation
29
of
a
locomotive
or
railroad
train
in
connection
with
a
hostler
30
service
or
utility
service.
31
The
bill
provides
that
a
railroad
company
found
guilty
of
32
willfully
violating
this
requirement
is
subject
to
a
penalty
33
of
not
less
than
$500
and
not
more
than
$1,000
for
a
first
34
offense,
not
less
than
$500
and
not
more
than
$5,000
for
a
35
-1-
LSB
6095YH
(3)
88
mo/ns
1/
2
H.F.
2634
second
offense,
and
not
less
than
$5,000
and
not
more
than
1
$10,000
for
a
third
or
subsequent
offense.
For
purposes
2
of
determining
whether
a
conviction
is
a
first,
second,
or
3
subsequent
offense,
the
bill
provides
that
only
offenses
4
committed
within
the
three-year
period
prior
to
the
most
recent
5
offense
shall
be
considered.
6
The
bill
takes
effect
30
days
after
enactment.
7
-2-
LSB
6095YH
(3)
88
mo/ns
2/
2