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23
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Introduced
SENATE
FILE
23
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
the
payment
of
costs
by
railroad
track
1
owners
and
railroad
corporations
for
certain
railroad
2
construction,
maintenance,
and
other
related
projects.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
312.2,
subsection
2,
Code
2025,
is
1
amended
to
read
as
follows:
2
2.
The
treasurer
of
state
shall
before
making
the
allotments
3
in
subsection
1
credit
annually
to
the
highway
grade
crossing
4
safety
fund
the
sum
of
seven
hundred
thousand
dollars,
credit
5
annually
from
the
road
use
tax
fund
the
sum
of
nine
hundred
6
thousand
dollars
to
the
highway
railroad
grade
crossing
surface
7
repair
fund,
credit
monthly
to
the
primary
road
fund
the
8
dollars
yielded
from
an
allotment
of
sixty-five
hundredths
of
9
one
percent
of
all
road
use
tax
funds
for
the
express
purpose
10
of
carrying
out
section
307.24,
subsection
5
,
section
313.4,
11
subsection
2
,
and
section
307.45
,
and
credit
annually
to
the
12
primary
road
fund
the
sum
of
five
hundred
thousand
dollars
to
13
be
used
for
paying
expenses
incurred
by
the
state
department
14
of
transportation
other
than
expenses
incurred
for
extensions
15
of
primary
roads
in
cities.
All
unobligated
funds
provided
by
16
this
subsection
,
except
those
funds
credited
to
the
highway
17
grade
crossing
safety
fund,
shall
at
the
end
of
each
year
18
revert
to
the
road
use
tax
fund.
Funds
in
the
highway
grade
19
crossing
safety
fund
shall
not
revert
to
the
road
use
tax
20
fund
except
to
the
extent
they
exceed
five
hundred
thousand
21
dollars
at
the
end
of
any
biennium.
The
cost
of
each
highway
22
railroad
grade
crossing
repair
project
shall
be
allocated
in
23
the
following
manner:
24
a.
Twenty
percent
of
the
project
cost
shall
be
paid
by
the
25
railroad
company.
26
b.
Twenty
percent
of
the
project
cost
shall
be
paid
by
the
27
highway
authority
having
jurisdiction
of
the
road
crossing
the
28
railroad.
29
c.
Sixty
percent
of
the
project
cost
shall
be
paid
from
the
30
highway
railroad
grade
crossing
surface
repair
fund.
31
Sec.
2.
Section
327F.13,
subsection
7,
Code
2025,
is
amended
32
to
read
as
follows:
33
7.
This
section
only
applies
to
a
location
where
a
34
close-clearance
warning
device
is
required
to
be
placed
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pursuant
to
rules
of
the
department
when
funds
are
available
1
from
the
department
to
reimburse
the
owner
of
the
railroad
2
track
for
the
cost
of
the
close-clearance
warning
device,
3
including
cost
of
installation
.
The
owner
of
the
railroad
4
track
is
responsible
for
costs
associated
with
placing
warning
5
devices
under
this
section.
6
Sec.
3.
Section
327G.11,
Code
2025,
is
amended
to
read
as
7
follows:
8
327G.11
Private
farm
crossings.
9
When
a
person
owns
farmland
on
both
sides
of
a
railway,
or
10
when
a
railway
runs
parallel
with
a
public
highway
thereby
11
separating
a
farm
from
such
highway,
the
corporation
owning
12
or
operating
the
railway,
on
request
of
the
owner
of
the
13
farmland,
shall
construct
and
maintain
a
safe
and
adequate
farm
14
crossing
or
roadway
across
the
railway
and
right-of-way
at
such
15
reasonable
place
as
the
owner
of
the
farmland
may
designate.
16
A
private
farm
crossing
established
or
installed
pursuant
to
17
this
section
shall
be
used
solely
for
farming
or
agricultural
18
purposes.
The
railroad
corporation
is
responsible
for
costs
19
associated
with
constructing
and
maintaining
the
farm
crossing.
20
Sec.
4.
Section
327G.15,
subsections
1
and
2,
Code
2025,
are
21
amended
to
read
as
follows:
22
1.
Wherever
a
railway
track
crosses
or
shall
hereafter
cross
23
a
highway,
street
or
alley,
the
railway
corporation
owning
such
24
track
and
the
The
department,
in
the
case
of
primary
highways
25
crossed
by
railway
tracks
,
the
board
of
supervisors
of
the
26
county
in
which
such
a
crossing
is
located,
in
the
case
of
27
secondary
roads
crossed
by
railway
tracks
,
or
the
city
council
28
of
the
city
in
which
a
crossing
is
located
,
in
the
case
of
29
streets
and
alleys
located
crossed
by
railway
tracks
within
30
a
city,
may
agree
with
the
railroad
corporation
owning
such
31
tracks
upon
the
location,
manner,
vacation,
physical
structure,
32
and
characteristics
and
maintenance
of
the
crossing
and
flasher
33
lights
or
gate
arm
signals
at
the
crossing
and
allocation
of
34
costs
thereof.
The
department
shall
become
a
party
to
the
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agreement
if
grade
crossing
safety
funds
are
to
be
used.
Up
to
1
seventy-five
percent
of
the
maintenance
cost
of
flasher
lights
2
or
gate
arm
signals
at
the
crossing
and
an
unlimited
portion
of
3
the
cost
of
installing
flasher
lights
or
gate
arm
signals
at
4
the
crossing
may
be
paid
from
the
grade
crossing
safety
fund.
5
2.
Notwithstanding
other
provisions
of
this
section
,
The
6
construction
of
a
crossing
and
the
installation
and
maintenance
7
of
flasher
lights
or
gate
signals
installed
or
ordered
to
be
8
installed
before
July
1,
1973,
shall
be
assumed
wholly
by
the
9
railroad
corporation.
10
Sec.
5.
Section
327G.15,
subsection
3,
Code
2025,
is
amended
11
by
striking
the
subsection.
12
Sec.
6.
Section
327G.24,
Code
2025,
is
amended
to
read
as
13
follows:
14
327G.24
Removal
of
tracks
from
crossings.
15
Upon
consummation
of
an
abandonment
of
a
railway
line
16
authorized
under
49
U.S.C.
§10903
adopted
as
of
a
specific
date
17
by
rule
by
the
department,
or
upon
interim
use
of
railroad
18
rights-of-way
to
establish
appropriate
trails
pursuant
to
16
19
U.S.C.
§1247(d)
adopted
as
of
a
specific
date
by
rule
by
the
20
department,
if
the
railway
tracks
adjacent
to
a
crossing
have
21
been
removed,
but
the
railway
tracks
in
the
crossing
have
not
22
been
removed,
the
city,
county,
or
other
jurisdiction
having
23
authority
over
the
highway,
street,
or
alley
containing
the
24
crossing
may
remove
the
tracks
from
the
crossing.
However,
25
this
section
shall
not
be
construed
as
reducing
the
obligation
26
or
liability
of
a
railway
railroad
corporation
to
remove
the
27
railway
tracks
from
the
crossing.
The
railroad
corporation
28
is
responsible
for
all
costs
associated
with
removing
railway
29
tracks
from
crossings
including
all
costs
incurred
by
a
city,
30
county,
or
other
jurisdiction
with
authority
that
removes
31
railway
tracks.
32
Sec.
7.
Section
327G.30,
subsection
1,
Code
2025,
is
amended
33
to
read
as
follows:
34
1.
If
a
grade
crossing
surface
of
a
railroad
track
and
a
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highway,
street,
or
alley
shall
require
repairs
or
maintenance,
1
the
costs
for
the
maintenance
may
be
paid
as
provided
in
2
section
312.2,
subsection
2
shall
be
assumed
wholly
by
the
3
railroad
corporation
that
owns
the
track
.
4
Sec.
8.
Section
327G.30,
subsections
2
and
3,
Code
2025,
are
5
amended
by
striking
the
subsections.
6
Sec.
9.
Section
327G.81,
subsection
1,
unnumbered
paragraph
7
1,
Code
2025,
is
amended
to
read
as
follows:
8
A
Other
than
as
provided
in
subsection
1A,
a
person,
9
including
a
state
agency
or
political
subdivision
of
the
state,
10
who
acquires
a
railroad
right-of-way
after
July
1,
1979,
11
for
a
purpose
other
than
farming
has
all
of
the
following
12
responsibilities
concerning
that
right-of-way:
13
Sec.
10.
Section
327G.81,
Code
2025,
is
amended
by
adding
14
the
following
new
subsection:
15
NEW
SUBSECTION
.
1A.
A
railroad
corporation
that
transfers
16
a
railroad
right-of-way
to
a
person
who
is
not
a
railroad
17
corporation
is
responsible
for
the
costs
associated
with
the
18
construction
and
repair
of
the
fence
on
each
side
of
the
19
property,
private
crossings
as
provided
for
in
section
327G.11,
20
drainage
as
delineated
in
chapter
468,
subchapter
V,
and
21
overhead,
underground,
or
multiple
crossings
in
accord
with
22
section
327G.12.
All
such
construction
and
repair
shall
be
23
completed
by
the
railroad
corporation
prior
to
the
transfer
of
24
the
right-of-way,
unless
a
different
schedule
is
agreed
to
by
25
the
person
acquiring
the
right-of-way.
26
Sec.
11.
REPEAL.
Sections
327G.19
and
327G.29,
Code
2025,
27
are
repealed.
28
Sec.
12.
TRANSFER
OF
REMAINING
MONEYS.
There
is
transferred
29
from
the
highway
grade
crossing
safety
fund
established
under
30
section
327G.19
and
highway
railroad
grade
crossing
surface
31
repair
fund
established
under
section
327G.29
to
the
road
32
use
tax
fund
created
in
section
312.1
all
unencumbered
or
33
unobligated
moneys
remaining
on
the
effective
date
of
this
Act.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
Current
law
requires
the
owner
of
a
railroad
track
to
3
place
certain
warning
devices
(Code
section
327F.13
——
4
close-clearance
warning
devices;
Code
section
327G.15
——
5
signals
and
gate
arms
at
railway
and
highway
crossings
at
6
grade).
Railroad
corporations
are
required
to,
among
other
7
things,
construct
and
maintain
private
farm
crossings
(Code
8
section
327G.11);
construct
crossings
that
intersect
highways
9
at
grade
(Code
section
327G.15);
remove
unused
crossings
10
that
intersect
highways
(Code
section
327G.24);
and
maintain
11
certain
improvements
along
the
railroad
track
rights-of-way
12
(Code
section
327G.81).
A
railroad
corporation
is
eligible
to
13
agree
with
the
department
of
transportation
(DOT)
and
the
local
14
government
entity
with
jurisdiction
over
the
relevant
area
15
about
certain
costs,
and
the
DOT
must
assist
with
the
project
16
by
paying
a
portion
of
the
cost
for
the
work,
if
moneys
are
17
available,
from
the
highway
railroad
grade
crossing
surface
18
repair
fund.
19
This
bill
requires
the
owner
of
a
railroad
track
or
a
20
railroad
corporation,
as
applicable,
to
bear
the
cost
of
the
21
responsibilities
detailed
in
the
bill
without
assistance
from
22
the
DOT
or
another
governmental
entity.
23
The
bill
requires
a
railroad
corporation
that
transfers
24
a
railroad
right-of-way
to
a
person
who
is
not
a
railroad
25
corporation
to
pay
the
costs
associated
with
the
related
26
right-of-way
improvements
prior
to
the
transfer,
or
on
a
27
schedule
agreed
to
by
the
transferee.
28
The
bill
strikes
or
repeals
all
provisions
relating
to
the
29
highway
grade
crossing
safety
fund
and
the
highway
railroad
30
grade
crossing
surface
repair
fund.
Any
moneys
remaining
in
31
the
repealed
funds
are
transferred
to
the
road
use
tax
fund.
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