MADAM PRESIDENT:
The Senate Committee on Rules and Legislative Procedure, to which was referred Senate Bill No. 58,
has had the same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Delete everything after the enacting clause and insert the
following:
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.
(Reference is to 58 as introduced.)
and when so amended that said bill be reassigned to the Senate Committee on Homeland Security,
Utilities, and Public Policy.