SF 290 (LSB 2408XS (3) 91)

SENATE FILE 290

BY  SHIPLEY

A BILL FOR

An Act relating to train accidents resulting in personal injury or death, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 327C.37, Code 2025, is amended by striking the section and inserting in lieu thereof the following:
   327C.37  Accidents resulting in personal injury or death —— investigations —— reports —— confidentiality.
   1.  If an accident occurs on any railroad within this state that results in personal injury or death, the railway corporation operating the railroad shall immediately notify the department. If the department deems it necessary, the department shall conduct an investigation and submit a report to the governor detailing the extent of the injuries and any fatalities, and whether the accident was caused by mismanagement or neglect on the part of the railway corporation operating the railroad. This report is not subject to chapter 22, including disclosure as described in section 22.7, and shall not be admissible as evidence or referenced in any proceeding in any court.
   2.  In the event of an accident resulting in the death of a train crew member, personal information of a train crew member who died is confidential and shall not be released to the public, including personal information contained in any report regarding the accident or contained in any communication between law enforcement officers and train crew members involved in such an accident. A law enforcement agency and any person in subsequent possession of such personal information shall maintain the personal information in a manner that ensures the confidentiality and privacy of the personal information. An unredacted report including personal information of a train crew member who died may be accessed upon written or electronic request by any of the following:
   a.  The railway corporation operating the railroad.
   b.  The railway corporation operating the train involved in the accident.
   c.  A person authorized by court order.
   d.  A law enforcement officer, if necessary for the officer’s official duties.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, upon the occurrence of any serious accident upon any railroad, which results in personal injury or loss of life, the corporation operating the road upon which the accident occurred is required to give immediate notice thereof to the department of transportation (DOT) whose duty it is, if they deem it necessary, to investigate the same, and promptly report to the governor the extent of the personal injuries, or loss of life, and whether the same was the result of mismanagement or neglect of the corporation on whose line the injury or loss of life occurred; but such report is prohibited from being evidence or referred to in any case in any court (Code section 327C.37). This bill rewrites Code section 327C.37 to enhance readability and specifies that the required reports to the governor are not subject to Code chapter 22 (open records).
   The bill also requires personal information of a train crew member who died in an accident to be kept confidential. An unredacted report with otherwise protected, confidential personal information may be accessed by certain persons described in the bill.
   By operation of law, a violation of the bill is a schedule “one” penalty under Code section 327C.5. A schedule “one” penalty is punishable by a fine of $100 per violation.