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House
File
494
-
Introduced
HOUSE
FILE
494
BY
SIECK
(COMPANION
TO
SF
38
BY
SHIPLEY)
A
BILL
FOR
An
Act
relating
to
the
operation
of
railroad
trains
by
a
crew
1
of
two
or
more
persons,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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494
Section
1.
NEW
SECTION
.
327F.33
Crew
size
——
penalties.
1
1.
A
locomotive
or
railroad
train
operated
by
a
class
I
rail
2
carrier
or
class
II
rail
carrier,
as
those
terms
are
defined
by
3
the
federal
surface
transportation
board,
when
operating
on
a
4
railroad
track
in
connection
with
the
movement
of
passengers
or
5
freight,
shall
be
operated
by
a
crew
consisting
of
at
least
two
6
qualified
railroad
employees.
7
2.
a.
A
railroad
company
found
guilty
of
violating
8
subsection
1
shall,
upon
conviction,
be
subject
to
one
of
the
9
following
penalties:
10
(1)
For
a
first
offense,
a
schedule
“three”
penalty
as
11
provided
in
section
327C.5.
12
(2)
For
a
second
or
subsequent
offense,
a
schedule
“five”
13
penalty
as
provided
in
section
327C.5.
A
second
offense
under
14
this
section
shall
be
a
first
violation
for
the
purposes
of
15
calculating
the
schedule
“five”
penalty.
16
b.
For
purposes
of
determining
whether
a
conviction
is
a
17
first,
second,
or
subsequent
offense,
only
offenses
committed
18
within
the
three-year
period
prior
to
the
most
recent
offense
19
shall
be
considered.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
requires
a
locomotive
or
railroad
train
operated
24
by
a
class
I
rail
carrier
or
class
II
rail
carrier,
when
25
operating
on
a
railroad
track
in
connection
with
the
movement
26
of
passengers
or
freight,
to
be
operated
by
a
crew
consisting
27
of
at
least
two
qualified
railroad
employees.
The
federal
28
surface
transportation
board
(STB)
is
an
independent
federal
29
agency
that
is
charged
with
the
economic
regulation
of
various
30
modes
of
surface
transportation
including
primarily
freight
31
rail.
The
STB
has
defined
three
classes
of
railway
carriers,
32
designated
as
class
I,
class
II,
and
class
III,
respectively,
33
according
to
annual
revenue
criteria.
The
STB
threshold
for
34
a
class
I
carrier
includes
a
carrier
earning
revenue
greater
35
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than
$1,053,709,560.
A
class
II
carrier
is
a
carrier
earning
1
revenue
between
$47,299,851
and
$1,053,709,560.
2
The
bill
provides
that
a
railroad
company
found
guilty
of
3
violating
this
requirement
is
subject
to
a
penalty
of
not
less
4
than
$500
and
not
more
than
$1,000
for
a
first
offense,
not
5
less
than
$500
and
not
more
than
$5,000
for
a
second
offense,
6
and
not
less
than
$5,000
and
not
more
than
$10,000
for
a
third
7
or
subsequent
offense.
For
purposes
of
determining
whether
a
8
conviction
is
a
first,
second,
or
subsequent
offense,
the
bill
9
provides
that
only
offenses
committed
within
the
three-year
10
period
prior
to
the
most
recent
offense
shall
be
considered.
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