SF 38 (LSB 1882XS (1) 91)

SENATE FILE 38

BY  SHIPLEY

A BILL FOR

An Act relating to the operation of railroad trains by a crew of two or more persons, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  327F.33  Crew size —— penalties.
   1.  A locomotive or railroad train operated by a class I rail carrier or class II rail carrier, as those terms are defined by the federal surface transportation board, when operating on a railroad track in connection with the movement of passengers or freight, shall be operated by a crew consisting of at least two qualified railroad employees.
   2.  a.  A railroad company found guilty of violating subsection 1 shall, upon conviction, be subject to one of the following penalties:
   (1)  For a first offense, a schedule “three” penalty as provided in section 327C.5.
   (2)  For a second or subsequent offense, a schedule “five” penalty as provided in section 327C.5. A second offense under this section shall be a first violation for the purposes of calculating the schedule “five” penalty.
   b.  For purposes of determining whether a conviction is a first, second, or subsequent offense, only offenses committed within the three-year period prior to the most recent offense shall be considered.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires a locomotive or railroad train operated by a class I rail carrier or class II rail carrier, when operating on a railroad track in connection with the movement of passengers or freight, to be operated by a crew consisting of at least two qualified railroad employees. The federal surface transportation board (STB) is an independent federal agency that is charged with the economic regulation of various modes of surface transportation including primarily freight rail. The STB has defined three classes of railway carriers, designated as class I, class II, and class III, respectively, according to annual revenue criteria. The STB threshold for a class I carrier includes a carrier earning revenue greater than $1,053,709,560. A class II carrier is a carrier earning revenue between $47,299,851 and $1,053,709,560.
   The bill provides that a railroad company found guilty of violating this requirement is subject to a penalty of not less than $500 and not more than $1,000 for a first offense, not less than $500 and not more than $5,000 for a second offense, and not less than $5,000 and not more than $10,000 for a third or subsequent offense. For purposes of determining whether a conviction is a first, second, or subsequent offense, the bill provides that only offenses committed within the three-year period prior to the most recent offense shall be considered.