March 23, 2001





ENGROSSED

HOUSE BILL No. 1099

_____


DIGEST OF HB 1099 (Updated March 22, 2001 11:14 AM - DI 102)



Citations Affected: IC 8-9.

Synopsis: Railroad employees involved in accidents. Requires a Class I railroad company to establish a counseling or trauma program and provide or make available counseling or critical stress debriefing services to each operating crew member of a train that is operated by the railroad company in passenger, freight, or yard service and that is involved in an accident that results in death or serious bodily injury. Requires a Class I railroad company to file a description of the railroad company's counseling or trauma program with the department of transportation, who must receive the descriptions and make the descriptions available to the public. Requires a railroad company to file a revised description of the counseling or trauma program with the Indiana department of transportation before making a change to the railroad company's required counseling or trauma program.

Effective: September 1, 2001.





Stilwell , Cook , Alderman , Mock
(SENATE SPONSORS _ HARRISON, HUME)




    January 8, 2001, read first time and referred to Committee on Roads and Transportation.
    February 19, 2001, amended, reported _ Do Pass.
    February 22, 2001, read second time, ordered engrossed. Engrossed.
    February 26, 2001, read third time, passed. Yeas 84, nays 12.

SENATE ACTION

    March 1, 2001, read first time and referred to Committee on Pensions and Labor.
    March 22, 2001, reported favorably _ Do Pass.







March 23, 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.


ENGROSSED

HOUSE BILL No. 1099



    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:

SOURCE: IC 8-9-12; (01)EH1099.1.1. -->     SECTION 1. IC 8-9-12 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE SEPTEMBER 1, 2001]:
     Chapter 12. Railroad Employee Counseling and Assistance
    Sec. 1. This chapter does not apply to a Class II or Class III railroad as established by the Interstate Commerce Commission.
    Sec. 2. As used in this chapter, "operating crew member" means a railroad employee described in IC 8-9-2-1(n).
    Sec. 3. As used in this chapter, "railroad" has the meaning set forth in IC 8-3-1-2. However, the term does not include a Class II or Class III railroad as established by the Interstate Commerce Commission.
    Sec. 4. (a) A railroad company operating in Indiana shall establish a counseling or trauma program and provide or make available counseling or critical incident stress debriefing services to each operating crew member of a train that is:
        (1) operated by the railroad company in passenger, freight, or

yard service; and
        (2) involved in an accident that results in death or serious bodily injury.
    (b) A railroad company
operating in Indiana shall file a description of the railroad company's counseling or trauma program required under subsection (a) with the Indiana department of transportation, whose sole responsibility under this section is to receive the descriptions and make the descriptions available to the public in accordance with IC 5-14-3.
    (c) Before a railroad company implements one (1) or more changes to the railroad company's counseling or trauma program required under subsection (a), the railroad company must file with the Indiana department of transportation a revised description of the program that includes the changes.