SF 384 (LSB 1881SV (2) 91)

SENATE FILE 384

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SF 24)

A BILL FOR

An Act relating to notices required for the closure of railway crossings for repairs or upgrades, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  327G.26  Closed crossing —— required notices.
   1.  A railway corporation shall provide notice of a railway crossing closure for repairs or upgrades to the governmental entity that has jurisdiction over the crossing not fewer than thirty days prior to closing the crossing, unless the closure could not reasonably be anticipated thirty days in advance or occurs in the event of an emergency. The notice must include an estimated date by which the repairs or upgrades will be completed. A railway corporation shall also notify the governmental entity as soon as practicable if the repairs or upgrades will be completed after the initial estimated completion date.
   2.  A railway corporation violating this section shall, upon conviction, be guilty of a schedule “one” penalty under section 327C.5.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current law prohibits a railway corporation from closing a railway crossing for more than 30 days for the purpose of repairing or upgrading the crossing, and a corporation that violates Code section 327G.25 is subject to a $100 fine.
   This bill requires a railway corporation to provide notice of a railway crossing closure for repairs or upgrades to the governmental entity that has jurisdiction over the crossing not fewer than 30 days prior to closing the crossing, unless the closure could not reasonably be anticipated 30 days in advance or in the event of an emergency. The notice must include an estimated date by which the repairs or upgrades will be completed. If the repairs or upgrades will be completed after the initial estimated completion date, the railway corporation is also required to notify the governmental entity as soon as practicable. A violation of the bill is punishable by a $100 fine.