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HB0249 • 2021
Railroad safety.
AN ACT relating to railroads; requiring trains to be operated by a crew of not less than two persons; specifying applicability; defining terms; providing fines for violations; and providing for an effective date.
Education
Labor
Inactive
Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.
- Sponsor
- Representative Clifford
- Last action
- 2021-04-07
- Official status
- inactive
- Effective date
- 3/1/2021
Plain English Breakdown
The bill did not pass and is now inactive.
Railroad Safety Act
The bill sets rules for train crews in Wyoming and fines for breaking these rules.
What This Bill Does
- Requires trains used by large railroads to have at least two people on board when moving freight.
- Defines what counts as a 'large railroad' based on federal guidelines.
- Allows certain actions that don't need full train crews, like moving locomotives in yards or helping trains with extra power.
- Sets fines for companies that break these rules, starting at $250 and going up to $10,000 depending on how many times they violate the rule.
Who It Names or Affects
- Railroad companies in Wyoming
- Train crews working for these railroads
Terms To Know
- Class I or Class II railroad
- Large railroads as defined by the federal government.
- Civil penalty
- A fine that a company has to pay for breaking a law.
Limits and Unknowns
- The bill did not pass and is now inactive.
- It only applies to large railroads, as defined by federal guidelines.
- Some actions are allowed without full train crews, like moving locomotives in yards or helping trains with extra power.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: The amendment modifies the bill to allow for civil penalties against railroad companies, corporations, or employers who violate crew requirements and specifies how these penalties are enforced and where they should be deposited.
- Adds provisions for civil penalties when railroads violate crew requirements.
- Specifies that actions to recover civil penalties can be brought by aggrieved parties, county attorneys, district attorneys, or the attorney general in circuit court.
- Removes jury trials from these penalty enforcement cases and sets a fine amount upon violation determination.
- Requires any civil penalties collected to be deposited into the school foundation program account.
- The exact fines for violations are not specified in the amendment text provided.
Plain English: The amendment removes a previous change made during the second reading of HB0249, which required trains to be operated by at least two crew members.
- Removes the requirement for trains to have a minimum crew of two persons.
- The amendment does not provide details about why this change is being made or what will replace it, leaving some uncertainty about the new requirements for train crews.
Bill History
-
2021-04-07
Senate
S:Died in Committee Returned Bill Pursuant to SR 5-4
-
2021-04-01
Senate
S No report prior to CoW Cutoff
-
2021-03-30
Senate
S08 - Transportation:Do Pass Failed 2-3-0-0-0
-
2021-03-24
Senate
S Introduced and Referred to S08 - Transportation
-
2021-03-23
Senate
S Received for Introduction
-
2021-03-23
House
H 3rd Reading:Passed 36-22-1-0-1
-
2021-03-22
House
H 2nd Reading:Passed
-
2021-03-19
House
H COW:Passed
-
2021-03-17
House
H Placed on General File
-
2021-03-17
House
H10 - Labor:Recommend Do Pass 5-3-0-0-1
-
2021-03-05
House
H Introduced and Referred to H10 - Labor
-
2021-03-04
House
H Received for Introduction
-
2021-03-03
LSO
Bill Number Assigned
Current Bill Text
Read the full stored bill text
21LSO-0676
2021
STATE OF WYOMING
21LSO-0676
ENGROSSED
3.0
HOUSE BILL NO. HB0249
Railroad safety.
Sponsored by: Representative(s) Clifford, Brown, Duncan and Hunt and Senator(s) Rothfuss and Schuler
A BILL
for
AN ACT relating to railroads; requiring trains to be operated by a crew of not less than two persons; specifying applicability; defining terms; providing fines for violations; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 37
‑
9
‑
506 is created to read:
37
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9
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506.
Railroad train crews; civil penalties.
(a)
No railroad train used in a class I or class II railroad, as defined by the surface transportation board of the United States or its successor agency, in connection with the movement of freight shall be operated in this
state unless the train has a crew of at least two (2) individuals.
(b)
An action to recover a civil penalty for a willful violation under this section by a railroad company, corporation or employer may be brought by an aggrieved party, county attorney, district attorney or the attorney general. Venue for an action shall be in the circuit court for the county in which the aggrieved party resides or where the railroad company, corporation or employer alleged to have violated this section maintains a principal place of business in this state or in the county in which the conduct giving rise to a civil penalty occurred. No party to an action authorized under this subsection shall be entitled to a trial by jury. Upon determining that a railroad company, corporation or employer has violated this section, the circuit shall impose a penalty of:
(i)
Not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) for a first violation;
(ii)
Not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00) for a second violation committed within three (3) years;
(iii)
Not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00) for a third or subsequent violation committed within three (3) years.
(c)
This section shall not apply when an employer allows any person:
(i)
To move locomotives unattached to railcars within a rail yard;
(ii)
To operate a helper service that temporarily assists a train that requires additional power.
Section 2
.
This act is effective July 1, 2021
.
(END)
1
HB0249