Senate File 248 - IntroducedA Bill ForAn Act 1relating to the operation of railroad trains by a crew
2of two or more persons, providing penalties, and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  327F.33  Crew size — penalties.
   21.  A locomotive or railroad train operating on a railroad
3track in connection with the movement of freight shall
4be operated by a crew consisting of at least two railroad
5employees. This section does not apply to the operation of
6a locomotive or railroad train in connection with a hostler
7service or utility service.
   82.  a.  A railroad company found guilty of willfully
9violating subsection 1 shall, upon conviction, be subject to
10one of the following penalties:
   11(1)  For a first offense, a schedule “three” penalty as
12provided in section 327C.5.
   13(2)  For a second or subsequent offense, a schedule “five”
14penalty as provided in section 327C.5. A second offense under
15this section shall be a first violation for the purposes of
16calculating the schedule “five” penalty.
   17b.  For purposes of determining whether a conviction is a
18first, second, or subsequent offense, only offenses committed
19within the three-year period prior to the most recent offense
20shall be considered.
21   Sec. 2.  EFFECTIVE DATE.  This Act takes effect thirty days
22after enactment.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
   26This bill requires a locomotive or railroad train operating
27on a railroad track in connection with the movement of freight
28to be operated by a crew consisting of at least two railroad
29employees. This requirement does not apply to the operation
30of a locomotive or railroad train in connection with a hostler
31service or utility service.
   32The bill provides that a railroad company found guilty of
33willfully violating this requirement is subject to a penalty
34of not less than $500 and not more than $1,000 for a first
35offense, not less than $500 and not more than $5,000 for a
-1-1second offense, and not less than $5,000 and not more than
2$10,000 for a third or subsequent offense. For purposes
3of determining whether a conviction is a first, second, or
4subsequent offense, the bill provides that only offenses
5committed within the three-year period prior to the most recent
6offense shall be considered.
   7The bill takes effect 30 days after enactment.
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