February 23, 2007
SENATE BILL No. 371
DIGEST OF SB 371
(Updated February 21, 2007 4:35 pm - DI 110)
Citations Affected: IC 8-9; IC 16-18; IC 16-19; noncode.
Synopsis: Mobile camps for railroad employees. Establishes standards
for a mobile camp provided by a railroad company for maintenance of
way employees. Requires a railroad company to provide drinking water
at assembly points where at least two maintenance of way employees
meet. Requires the executive board of the state department of health to
adopt rules concerning mobile camps. Makes conforming amendments.
Effective: Upon passage; July 1, 2007.
January 16, 2007, read first time and referred to Committee on Commerce, Public Policy
& Interstate Cooperation.
February 22, 2007, reported favorably _ Do Pass.
February 23, 2007
First Regular Session 115th General Assembly (2007)
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
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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
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
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between statutes enacted by the 2006 Regular Session of the General Assembly.
SENATE BILL No. 371
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 8-9-10-1; (07)SB0371.1.1. -->
SECTION 1. IC 8-9-10-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1. (a) As used in this section,
"mobile camp" means a temporary location where at least two (2)
railroad maintenance of way employees are housed.
Every railroad company within the state of Indiana shall provide
and adequately maintain a heated room or rooms at all terminals and
headquarters in the operation of
railroad company, for the use
of its employees.
(c) Each room required by subsection (b) must contain
wash basins, shower-baths, inside toilets, and sufficient lockers for
checking employees' clothing.
In addition to the foregoing,
Every railroad shall maintain at all permanent assembly points
a supply of drinking water dispensed in a sanitary manner. A
permanent assembly point under this chapter is a location where a
six (6) two (2)
maintenance of way employees meet for
not less than six (6) months of each year.
(e) A railroad company that houses maintenance of way
employees in a mobile camp shall provide and adequately maintain
for the employees' use outfit cars, camp cars, or trailers with the
(1) Heat and air conditioning.
(2) An adequate number of wash basins, showers, and inside
(3) An adequate number of lockers for checking employees'
clothing and personal belongings.
(4) An adequate supply of potable water dispensed in a
sanitary manner for drinking, bathing, cooking, and cleaning
(5) Floor space of at least:
(A) sixty (60) square feet per resident for sleeping units
using single beds; and
(B) eighty (80) square feet per resident for sleeping units
using double bunk beds.
(f) A railroad company that houses maintenance of way
employees in a mobile camp shall:
(1) not later than two (2) business days after employees arrive
at that location, notify the local health department with
jurisdiction in the area in which the mobile camp is located of
the existence of the mobile camp; and
(2) request and permit inspection by an authorized
representative of the local health department to ensure the
conditions of the outfit cars, camp cars, or trailers are
sanitary and healthful for the:
(A) maintenance of way employees; and
(B) local community.
(g) A railroad company shall locate and maintain a mobile camp
described in subsection (e) in a safe and healthy environment.
SOURCE: IC 8-9-10-2; (07)SB0371.1.2. -->
SECTION 2. IC 8-9-10-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 2. (a) Whenever the Indiana
department of transportation secures reliable information, receives a
complaint, or, because of reports made by the department's inspectors,
has reason to believe that a railroad company in this state does not
provide and adequately maintain the sanitary facilities provided for in
section 1(b) through 1(e) of
this chapter, the department shall make
an investigation as necessary. The department shall conduct a hearing
at which both the railroad company and the employees affected will be
given a full opportunity to present evidence as to the necessity and
reasonableness of the proposed changes or improvements.
(b) When the investigation required under subsection (a) is made,
the Indiana department of transportation shall report to the manager or
superintendent of the railroad company. In the report and
recommendations, the department shall make an accurate statement of
the time the examination was made, of the exact location, character,
and extent of defects or omissions, if any have been found, and shall
recommend reasonable changes and improvements, additions,
buildings, and accommodations, as are, in the opinion of the
department, necessary to remedy the faults, neglect, requirements, or
defects. The recommendations must set out specifically a reasonable
time within which such improvements or changes or additions shall be
made by the railroad company.
(c) If the recommendations under subsection (b) are not carried out
within the time specified, then the Indiana department of transportation
may commence proceedings by mandamus or other remedy in a circuit
or superior court having jurisdiction to enforce compliance with its
order. All courts having jurisdiction in these cases shall give preference
to the cases and shall hear and determine the case speedily to the end
that the employees' interests and the public interests may not suffer.
SOURCE: IC 8-9-10-3; (07)SB0371.1.3. -->
SECTION 3. IC 8-9-10-3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 3. In addition to this chapter, the railroad company
is subject to a rule adopted under IC 16-19-3-4.4.
SOURCE: IC 16-18-2-237.5; (07)SB0371.1.4. -->
SECTION 4. IC 16-18-2-237.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 237.5. "Mobile camp", for
purposes of IC 16-19-3, has the meaning set forth in IC 16-19-3-0.5.
SOURCE: IC 16-19-3-0.5; (07)SB0371.1.5. -->
SECTION 5. IC 16-19-3-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 0.5. As used in this chapter, "mobile camp" has the
meaning set forth in IC 8-9-10-1(a).
SOURCE: IC 16-19-3-4; (07)SB0371.1.6. -->
SECTION 6. IC 16-19-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) The executive
board may, by an affirmative vote of a majority of its members, adopt
reasonable rules on behalf of the state department to protect or to
improve the public health in Indiana.
(b) The rules may concern but are not limited to the following:
(1) Nuisances dangerous to public health.
(2) The pollution of any water supply other than where
jurisdiction is in the water pollution control board and department
of environmental management.
(3) The disposition of excremental and sewage matter.
(4) The control of fly and mosquito breeding places.
(5) The detection, reporting, prevention, and control of diseases
that affect public health.
(6) The care of maternity and infant cases and the conduct of
(7) The production, distribution, and sale of human food.
(8) Except as provided in section 4.4 of this chapter, the
conduct of camps.
(9) Standards of cleanliness of eating facilities for the public.
(10) Standards of cleanliness of sanitary facilities offered for
(11) The handling, disposal, disinterment, and reburial of dead
(12) Vital statistics.
(13) Sanitary conditions and facilities in public buildings and
grounds, including plumbing, drainage, sewage disposal, water
supply, lighting, heating, and ventilation, other than where
jurisdiction is vested by law in the fire prevention and building
safety commission or other state agency.
(14) The design, construction, and operation of swimming and
wading pools. However, the rules governing swimming and
wading pools do not apply to a pool maintained by an individual
for the sole use of the individual's household and house guests.
SOURCE: IC 16-19-3-4.4; (07)SB0371.1.7. -->
SECTION 7. IC 16-19-3-4.4 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 4.4. (a) The executive board shall adopt reasonable
rules to regulate the sanitary conditions, operation, and facilities
of mobile camps.
(b) The rules adopted under subsection (a) shall be enforced by
local health officers under IC 16-20-1-19 and IC 16-22-8-34(a)(22).
(c) The rules must include the following:
(1) A requirement for an inspection fee of seventy-five dollars
($75) for an occupant capacity of each fifty (50) individuals
for an inspection of the sanitary conditions, operation, and
facilities of a mobile camp.
(2) The provision that the inspection fee shall be paid to the:
(A) local health department under IC 16-20-1-2: or
(B) municipal corporation created under IC 16-22-8-6;
before initiation of the inspection. The fee shall be deposited
in the general fund of the local health department or the
(3) A provision that the officials of the local health
department or the municipal corporation referenced in
subdivision (2) may conduct joint inspections of the mobile
camp with the:
(A) authorized state director; or
(B) union representative;
of each craft of employees working for the railroad company
that is the subject of the inspection.
SOURCE: ; (07)SB0371.1.8. -->
SECTION 8. [EFFECTIVE UPON PASSAGE] (a)
Notwithstanding IC 16-19-3-4.4, as added by this act, the state
department of health shall carry out the duties imposed upon it
under IC 16-19-3-4.4, as added by this act, under interim written
guidelines approved by the state health commissioner.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 16-19-3-4.4, as added
by this act.
(2) December 31, 2008.
SOURCE: ; (07)SB0371.1.9. -->
SECTION 9. An emergency is declared for this act.