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Senate
File
290
-
Introduced
SENATE
FILE
290
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
train
accidents
resulting
in
personal
injury
1
or
death,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
327C.37,
Code
2025,
is
amended
by
1
striking
the
section
and
inserting
in
lieu
thereof
the
2
following:
3
327C.37
Accidents
resulting
in
personal
injury
or
death
——
4
investigations
——
reports
——
confidentiality.
5
1.
If
an
accident
occurs
on
any
railroad
within
this
6
state
that
results
in
personal
injury
or
death,
the
railway
7
corporation
operating
the
railroad
shall
immediately
notify
8
the
department.
If
the
department
deems
it
necessary,
the
9
department
shall
conduct
an
investigation
and
submit
a
10
report
to
the
governor
detailing
the
extent
of
the
injuries
11
and
any
fatalities,
and
whether
the
accident
was
caused
by
12
mismanagement
or
neglect
on
the
part
of
the
railway
corporation
13
operating
the
railroad.
This
report
is
not
subject
to
chapter
14
22,
including
disclosure
as
described
in
section
22.7,
and
15
shall
not
be
admissible
as
evidence
or
referenced
in
any
16
proceeding
in
any
court.
17
2.
In
the
event
of
an
accident
resulting
in
the
death
of
18
a
train
crew
member,
personal
information
of
a
train
crew
19
member
who
died
is
confidential
and
shall
not
be
released
20
to
the
public,
including
personal
information
contained
21
in
any
report
regarding
the
accident
or
contained
in
any
22
communication
between
law
enforcement
officers
and
train
crew
23
members
involved
in
such
an
accident.
A
law
enforcement
agency
24
and
any
person
in
subsequent
possession
of
such
personal
25
information
shall
maintain
the
personal
information
in
a
26
manner
that
ensures
the
confidentiality
and
privacy
of
the
27
personal
information.
An
unredacted
report
including
personal
28
information
of
a
train
crew
member
who
died
may
be
accessed
29
upon
written
or
electronic
request
by
any
of
the
following:
30
a.
The
railway
corporation
operating
the
railroad.
31
b.
The
railway
corporation
operating
the
train
involved
in
32
the
accident.
33
c.
A
person
authorized
by
court
order.
34
d.
A
law
enforcement
officer,
if
necessary
for
the
officer’s
35
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official
duties.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
Under
current
law,
upon
the
occurrence
of
any
serious
5
accident
upon
any
railroad,
which
results
in
personal
injury
6
or
loss
of
life,
the
corporation
operating
the
road
upon
7
which
the
accident
occurred
is
required
to
give
immediate
8
notice
thereof
to
the
department
of
transportation
(DOT)
whose
9
duty
it
is,
if
they
deem
it
necessary,
to
investigate
the
10
same,
and
promptly
report
to
the
governor
the
extent
of
the
11
personal
injuries,
or
loss
of
life,
and
whether
the
same
was
12
the
result
of
mismanagement
or
neglect
of
the
corporation
on
13
whose
line
the
injury
or
loss
of
life
occurred;
but
such
report
14
is
prohibited
from
being
evidence
or
referred
to
in
any
case
15
in
any
court
(Code
section
327C.37).
This
bill
rewrites
Code
16
section
327C.37
to
enhance
readability
and
specifies
that
17
the
required
reports
to
the
governor
are
not
subject
to
Code
18
chapter
22
(open
records).
19
The
bill
also
requires
personal
information
of
a
train
20
crew
member
who
died
in
an
accident
to
be
kept
confidential.
21
An
unredacted
report
with
otherwise
protected,
confidential
22
personal
information
may
be
accessed
by
certain
persons
23
described
in
the
bill.
24
By
operation
of
law,
a
violation
of
the
bill
is
a
schedule
25
“one”
penalty
under
Code
section
327C.5.
A
schedule
“one”
26
penalty
is
punishable
by
a
fine
of
$100
per
violation.
27
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