February 20, 2001





HOUSE BILL No. 1576

_____


DIGEST OF HB 1576 (Updated February 15, 2001 9:56 AM - DI 96)



Citations Affected: IC 8-3.

Synopsis: Railway safety. Provides the Indiana department of transportation with health and safety inspection authority for, among other areas, railroad rights-of-way, terminals, rail yards, and rail loading and unloading facilities, to the extent that this authority does not violate or is preempted by federal law. Provides that the Indiana department of transportation may order the removal of a dangerous or an unhealthy condition in property owned or operated by a railroad. Provides for a fine schedule for violations of railroad health or safety conditions, to be recovered in an action to be brought by the Indiana department of transportation.

Effective: July 1, 2001.





Mellinger




    January 11, 2001, read first time and referred to Committee on Roads and Transportation.
    February 19, 2001, amended, reported _ Do Pass.







February 20, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.

HOUSE BILL No. 1576



    A BILL FOR AN ACT to amend the Indiana Code concerning transportation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 8-3-1-1.5; (01)HB1576.1.1. -->     SECTION 1. IC 8-3-1-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1.5. (a) This section does not apply to the extent that it violates or is preempted by federal law.
    (b) The department may inspect commercial railroads, interurban railroads, and street railroads and the conditions existing on all trains operating within the state, including areas that are:
        (1) along the rail rights-of-way;
        (2) in rail yards;
        (3) in terminals; and
        (4) at rail loading and unloading facilities connected to property owned or operated by a railroad, except for those areas of loading and unloading facilities requiring no access for service by Class I railroads.
The inspection shall be conducted for the purpose of assuring the safety, health, and comfort of rail customers, the general public,

and rail employees and for the purpose of abating and removing dangerous or unhealthy conditions found to exist in these locations.
    (c) The department shall order the abatement and removal of a dangerous or an unhealthy condition and order improvements to be made remedying the dangerous or unhealthy condition if the condition is shown to be dangerous to the health and safety of the general public or the employees.

     (d) A carrier operating in Indiana who willfully violates this section is liable to the department for one (1) of the following penalties:
        (1) For the first violation, a penalty of at least one hundred dollars ($100) and not more than five hundred dollars ($500).
        (2) For a second violation that occurs not later than three (3) years after the first violation, a penalty of at least five hundred dollars ($500) and not more than one thousand dollars ($1,000).
        (3) For a third violation that occurs not later than three (3) years after the first violation, a penalty of at least one thousand dollars ($1,000) and not more than five thousand dollars ($5,000).
        (4) For a fourth violation that occurs not later than three (3) years after the first violation, a penalty of at least five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000).
A penalty under this section shall be recovered through a legal action brought by the attorney general, or under the direction of the attorney general, in the name of the state of Indiana on relation of the Indiana department of transportation in the circuit or superior court with jurisdiction in a county through which the railroad is run or operated.

    (e) The department may adopt rules under IC 4-22-2 to carry out this chapter.