House File 462 - Introduced HOUSE FILE 462 BY MAXWELL , THORUP , and JAMES 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 2435YH (4) 89 th/ns

H.F. 462 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 be 3 operated by a crew consisting of at least two qualified 4 railroad employees. This section does not apply to the 5 operation of a locomotive or railroad train in connection with 6 a hostler service or utility service. 7 2. a. A railroad company found guilty of violating 8 subsection 1 shall, upon conviction, be subject to one of the 9 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 qualified 28 railroad employees. This requirement does not apply to the 29 operation of a locomotive or railroad train in connection with 30 a hostler service or utility service. 31 The bill provides that a railroad company found guilty of 32 violating this requirement is subject to a penalty of not less 33 than $500 and not more than $1,000 for a first offense, not 34 less than $500 and not more than $5,000 for a second offense, 35 -1- LSB 2435YH (4) 89 th/ns 1/ 2

H.F. 462 and not less than $5,000 and not more than $10,000 for a third 1 or subsequent offense. For purposes of determining whether a 2 conviction is a first, second, or subsequent offense, the bill 3 provides that only offenses committed within the three-year 4 period prior to the most recent offense shall be considered. 5 The bill takes effect 30 days after enactment. 6 -2- LSB 2435YH (4) 89 th/ns 2/ 2