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Senate
File
39
-
Introduced
SENATE
FILE
39
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
required
railway
crossing
signs,
signals,
1
and
gate
arms.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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39
Section
1.
Section
327G.2,
Code
2025,
is
amended
to
read
as
1
follows:
2
327G.2
Crossings
——
signs
,
gate
arms,
and
signals
.
3
1.
Every
Notwithstanding
the
requirements
under
section
4
327G.15,
every
railroad
corporation
constructing
or
operating
5
a
railway
shall
make
and
construct
at
all
points
where
such
6
railway
crosses
any
public
road
good,
sufficient,
and
safe
7
crossings
,
and
erect
at
such
points,
at
a
sufficient
elevation
8
from
such
road
as
to
admit
a
free
passage
of
vehicles
of
every
9
kind,
a
sign
at
least
two
signs
with
large
and
distinct
letters
10
placed
thereon
,
and
install
a
sufficient
number
of
gate
arms,
11
gate
arm
signals,
and
crossing
signal
lights
designed
to
flash
12
when
a
train
approaches
a
crossing,
to
give
notice
of
the
13
proximity
of
the
railway
,
and
warn
persons
of
the
necessity
14
of
looking
out
for
trains.
The
railroad
corporation
is
15
responsible
for
all
costs
associated
with
complying
with
this
16
subsection.
17
2.
Any
railway
company
railroad
corporation
neglecting
or
18
refusing
to
comply
with
the
provisions
of
this
section
shall
be
19
liable
for
all
damages
sustained
by
reason
of
such
refusal
or
20
neglect,
and
it
shall
only
be
necessary,
in
order
to
recover,
21
for
the
injured
party
to
prove
such
neglect
or
refusal.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
Under
current
law,
wherever
a
railway
track
crosses
a
26
highway,
street,
or
alley,
the
railroad
corporation
owning
27
such
track
and
the
applicable
governmental
entity
with
28
jurisdiction
over
the
crossed
highway,
street,
or
alley
may
29
agree
upon
the
location,
manner,
vacation,
physical
structure,
30
characteristics,
and
maintenance
of
the
crossing
and
flasher
31
lights
or
gate
arm
signals
at
the
crossing
and
the
allocation
32
of
associated
costs
thereof
(Code
section
327G.15).
In
33
addition,
every
corporation
constructing
or
operating
a
railway
34
is
required
to
make
and
construct
at
all
points
where
such
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39
railway
crosses
any
public
road
good,
sufficient,
and
safe
1
crossings
and
erect
at
such
points,
at
a
sufficient
elevation
2
from
such
road
as
to
admit
a
free
passage
of
vehicles
of
every
3
kind,
a
sign
with
large
and
distinct
letters
placed
thereon,
to
4
give
notice
of
the
proximity
of
the
railway,
and
warn
persons
5
of
the
necessity
of
looking
out
for
trains.
6
This
bill
requires
a
railroad
corporation
constructing
or
7
operating
a
railway
to
erect
at
least
two
such
signs,
and
8
install
a
sufficient
number
of
gate
arms,
gate
arm
signals,
9
and
crossing
signal
lights
designed
to
flash
when
a
train
10
approaches
a
crossing,
to
give
notice
of
the
proximity
of
the
11
railway
and
warn
persons
of
the
necessity
of
looking
out
for
12
trains.
The
bill
provides
that
the
railroad
corporation
is
13
responsible
for
all
associated
costs.
14
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