January 11, 2005





SENATE BILL No. 58

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DIGEST OF SB 58 (Updated January 10, 2005 1:39 pm - DI ta)



Citations Affected: IC 8-3.

Synopsis: Railroad health and safety inspections. Authorizes the department of transportation to perform health and safety inspections along railroad rights-of-way, in rail yards, in terminals, at rail loading and unloading facilities, and on trains if allowed under federal law. Allows the department to order the improvement or removal of a dangerous condition or an unhealthy condition on property owned or operated by a railroad. Provides a schedule of penalties to be recovered in an action brought by the attorney general for violations of railroad health or safety conditions.

Effective: July 1, 2005.





Alting




    January 4, 2005, read first time and referred to Committee on Rules and Legislative Procedure.
    January 10, 2005, amended; reassigned to Committee on Homeland Security, Utilities, and Public Policy.






January 11, 2005

First Regular Session 114th General Assembly (2005)


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 2004 Regular Session of the General Assembly.

SENATE BILL No. 58



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

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

    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, 2005]: 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 railroads and the conditions existing on all trains operating within Indiana, including areas that are:
        (1) along 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 that do not require access for service by Class I railroads as classified under 49 CRF 1201 Subpart A, General Instructions 1-1.
The inspection shall be conducted to assure the safety, health, and comfort of railroad customers, the general public, and railroad

employees and to abate and remove dangerous or unhealthy conditions found to exist in those locations.
    (c) The department shall order:
        (1) the abatement and removal of a dangerous condition or an unhealthy condition; or
        (2) improvements to be made to remedy the dangerous or unhealthy condition;
by the railroad if the condition is shown to be dangerous to the safety or health of railroad customers, the general public, or railroad employees.

     (d) A railroad operating in Indiana that willfully violates this section is liable to the department for 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 or subsequent 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).
This section shall be enforced by the attorney general in a county through which the railroad operates.

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