House Study Bill 620 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BEST) A BILL FOR An Act relating to trains blocking highways, and making 1 penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5822YC (2) 89 th/ns

H.F. _____ Section 1. Section 327G.32, subsection 1, paragraphs a and 1 d, Code 2022, are amended by striking the paragraphs. 2 Sec. 2. Section 327G.32, Code 2022, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 1A. If a railroad corporation’s train 5 prevents vehicular use of a highway, street, or alley for 6 a period of time in excess of ten minutes, the railroad 7 corporation shall do all of the following: 8 a. If the train is disabled, notify local law enforcement 9 immediately. 10 b. Submit a detailed report to local law enforcement and the 11 department within fifteen days of the blockage. 12 Sec. 3. Section 327G.32, subsection 2, paragraph b, Code 13 2022, is amended to read as follows: 14 b. An employee is not guilty of a violation if the 15 employee’s action was necessary to comply with the direct 16 order , policy, or instructions of a railroad corporation or its 17 the employee’s supervisors. Guilt is then with the railroad 18 corporation. 19 Sec. 4. Section 327G.32, subsections 3, 4, and 5, Code 2022, 20 are amended by striking the subsections. 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 relates to trains blocking highways. 25 Under current law, a railroad corporation and its employees 26 are prohibited from operating a train in such a manner as 27 to prevent vehicular use of a highway, street, or alley for 28 a period of time in excess of 10 minutes unless (1) when 29 necessary to comply with signals affecting the safety of the 30 movement of trains, (2) when necessary to avoid striking an 31 object or person on the track, (3) when the train is disabled, 32 and (4) when necessary to comply with governmental safety 33 regulations including but not limited to speed ordinances and 34 speed regulations. The bill strikes exceptions (1) and (4). 35 -1- LSB 5822YC (2) 89 th/ns 1/ 3

H.F. _____ The bill requires that if a railroad corporation’s train 1 prevents vehicular use of a highway, street, or alley for 2 a period of time in excess of 10 minutes, the railroad 3 corporation must (1) notify local law enforcement immediately 4 if the train is disabled and (2) submit a detailed report to 5 local law enforcement and the department of transportation 6 (DOT) within 15 days of the blockage. 7 Under current law, a railroad corporation rather than an 8 employee is guilty of violating Code section 327G.32 if the 9 employee’s action was necessary to comply with the direct order 10 or instructions of a railroad corporation or a supervisor. The 11 bill adds a railroad corporation’s or supervisor’s policy to 12 this provision. 13 Current law authorizes a political subdivision to pass 14 an ordinance regulating the length of time a specific 15 highway crossing may be blocked if the political subdivision 16 demonstrates that an ordinance is necessary for public safety 17 or convenience. If an ordinance is passed, the political 18 subdivision must, within 30 days of the effective date of 19 the ordinance, notify the DOT and the railroad corporation. 20 The ordinance does not become effective unless the DOT and 21 the railroad corporation are notified within 30 days. The 22 ordinance becomes effective 30 days after notification unless 23 a person files an objection to the ordinance with the DOT. If 24 an objection is filed, the DOT must notify the department of 25 inspections and appeals (DIA), which is required to hold a 26 hearing. After a hearing by the DIA, the DOT may disapprove 27 the ordinance if public safety or convenience does not 28 require the ordinance. The decision of the DOT is final. The 29 ordinance approved by the political subdivision is prima facie 30 evidence that the ordinance is adopted to preserve public 31 safety or convenience. The DIA, when considering rebuttal 32 evidence, must weigh the benefits accruing to the political 33 subdivision as they affect the general public use compared to 34 the burden placed on the railroad operation. Public safety 35 -2- LSB 5822YC (2) 89 th/ns 2/ 3

H.F. _____ or convenience may include but is not limited to high traffic 1 density at a specific crossing of a main artery or interference 2 with the flow of authorized emergency vehicles. A resolution 3 regulating the length of time a specific crossing may be 4 blocked, which was adopted before July 1, 1989, is an ordinance 5 for purposes of Code section 327G.32. The bill strikes all of 6 these provisions. 7 An officer or employee of a railroad corporation who 8 violates the bill is, upon conviction, subject to a schedule 9 “two” fine of between $100 and $500 per violation. 10 -3- LSB 5822YC (2) 89 th/ns 3/ 3