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Senate File 492 - IntroducedA Bill ForAn Act 1relating to the operation of railroad trains by a crew
2of two or more persons, and providing penalties.
3BE 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 operated by a class I rail
3carrier or class II rail carrier, as those terms are defined by
4the federal surface transportation board, when operating on a
5railroad track in connection with the movement of passengers or
6freight, shall be operated by a crew consisting of at least two
7qualified railroad employees.
82. a. A railroad company found guilty of violating
9subsection 1 shall, upon conviction, be subject to one of the
10following 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.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill requires a locomotive or railroad train operated
25by a class I rail carrier or class II rail carrier, when
26operating on a railroad track in connection with the movement
27of passengers or freight, to be operated by a crew consisting
28of at least two qualified railroad employees. The federal
29surface transportation board (STB) is an independent federal
30agency that is charged with the economic regulation of various
31modes of surface transportation including primarily freight
32rail. The STB has defined three classes of railway carriers,
33designated as class I, class II, and class III, respectively,
34according to annual revenue criteria. The STB thresholds, last
35adjusted for inflation in 2019, for a class I carrier includes
-1-1a carrier earning revenue greater than $504,803,294. A class
2II carrier is a carrier earning revenue between $40,387,772 and
3$504,803,294.
4The bill provides that a railroad company found guilty of
5violating this requirement is subject to a penalty of not less
6than $500 and not more than $1,000 for a first offense, not
7less than $500 and not more than $5,000 for a second offense,
8and not less than $5,000 and not more than $10,000 for a third
9or subsequent offense. For purposes of determining whether a
10conviction is a first, second, or subsequent offense, the bill
11provides that only offenses committed within the three-year
12period prior to the most recent offense shall be considered.
-2-th/ns
2of two or more persons, and providing penalties.
3BE 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 operated by a class I rail
3carrier or class II rail carrier, as those terms are defined by
4the federal surface transportation board, when operating on a
5railroad track in connection with the movement of passengers or
6freight, shall be operated by a crew consisting of at least two
7qualified railroad employees.
82. a. A railroad company found guilty of violating
9subsection 1 shall, upon conviction, be subject to one of the
10following 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.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill requires a locomotive or railroad train operated
25by a class I rail carrier or class II rail carrier, when
26operating on a railroad track in connection with the movement
27of passengers or freight, to be operated by a crew consisting
28of at least two qualified railroad employees. The federal
29surface transportation board (STB) is an independent federal
30agency that is charged with the economic regulation of various
31modes of surface transportation including primarily freight
32rail. The STB has defined three classes of railway carriers,
33designated as class I, class II, and class III, respectively,
34according to annual revenue criteria. The STB thresholds, last
35adjusted for inflation in 2019, for a class I carrier includes
-1-1a carrier earning revenue greater than $504,803,294. A class
2II carrier is a carrier earning revenue between $40,387,772 and
3$504,803,294.
4The bill provides that a railroad company found guilty of
5violating this requirement is subject to a penalty of not less
6than $500 and not more than $1,000 for a first offense, not
7less than $500 and not more than $5,000 for a second offense,
8and not less than $5,000 and not more than $10,000 for a third
9or subsequent offense. For purposes of determining whether a
10conviction is a first, second, or subsequent offense, the bill
11provides that only offenses committed within the three-year
12period prior to the most recent offense shall be considered.
-2-th/ns