HSB 620 (LSB 5822YC (2) 89)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BEST)

A BILL FOR

An Act relating to trains blocking highways, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 327G.32, subsection 1, paragraphs a and d, Code 2022, are amended by striking the paragraphs.
    Sec. 2.  Section 327G.32, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  If a railroad corporation’s train prevents vehicular use of a highway, street, or alley for a period of time in excess of ten minutes, the railroad corporation shall do all of the following:
   a.  If the train is disabled, notify local law enforcement immediately.
   b.  Submit a detailed report to local law enforcement and the department within fifteen days of the blockage.
    Sec. 3.  Section 327G.32, subsection 2, paragraph b, Code 2022, is amended to read as follows:
   b.  An employee is not guilty of a violation if the employee’s action was necessary to comply with the direct order, policy, or instructions of a railroad corporation or its the employee’s supervisors. Guilt is then with the railroad corporation.
    Sec. 4.  Section 327G.32, subsections 3, 4, and 5, Code 2022, are amended by striking the subsections.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to trains blocking highways.
   Under current law, a railroad corporation and its employees are prohibited from operating a train in such a manner as to prevent vehicular use of a highway, street, or alley for a period of time in excess of 10 minutes unless (1) when necessary to comply with signals affecting the safety of the movement of trains, (2) when necessary to avoid striking an object or person on the track, (3) when the train is disabled, and (4) when necessary to comply with governmental safety regulations including but not limited to speed ordinances and speed regulations. The bill strikes exceptions (1) and (4).
   The bill requires that if a railroad corporation’s train prevents vehicular use of a highway, street, or alley for a period of time in excess of 10 minutes, the railroad corporation must (1) notify local law enforcement immediately if the train is disabled and (2) submit a detailed report to local law enforcement and the department of transportation (DOT) within 15 days of the blockage.
   Under current law, a railroad corporation rather than an employee is guilty of violating Code section 327G.32 if the employee’s action was necessary to comply with the direct order or instructions of a railroad corporation or a supervisor. The bill adds a railroad corporation’s or supervisor’s policy to this provision.
   Current law authorizes a political subdivision to pass an ordinance regulating the length of time a specific highway crossing may be blocked if the political subdivision demonstrates that an ordinance is necessary for public safety or convenience. If an ordinance is passed, the political subdivision must, within 30 days of the effective date of the ordinance, notify the DOT and the railroad corporation. The ordinance does not become effective unless the DOT and the railroad corporation are notified within 30 days. The ordinance becomes effective 30 days after notification unless a person files an objection to the ordinance with the DOT. If an objection is filed, the DOT must notify the department of inspections and appeals (DIA), which is required to hold a hearing. After a hearing by the DIA, the DOT may disapprove the ordinance if public safety or convenience does not require the ordinance. The decision of the DOT is final. The ordinance approved by the political subdivision is prima facie evidence that the ordinance is adopted to preserve public safety or convenience. The DIA, when considering rebuttal evidence, must weigh the benefits accruing to the political subdivision as they affect the general public use compared to the burden placed on the railroad operation. Public safety or convenience may include but is not limited to high traffic density at a specific crossing of a main artery or interference with the flow of authorized emergency vehicles. A resolution regulating the length of time a specific crossing may be blocked, which was adopted before July 1, 1989, is an ordinance for purposes of Code section 327G.32. The bill strikes all of these provisions.
   An officer or employee of a railroad corporation who violates the bill is, upon conviction, subject to a schedule “two” fine of between $100 and $500 per violation.