HSB 620

The bill strikes exceptions (1) and (4). _____ The bill requires that if a railroad corporation’s train prevents vehicular use of a highway, street, or alley for a period of time in excess of minutes, the railroad corporation must (1) notify local law enforcement immediately if the train is disabled and (2) submit a detailed report to local law enforcement and the department of transportation (DOT) within days of the blockage.32 if the employee’s action was necessary to comply with the direct order or instructions of a railroad corporation or a supervisor. The bill adds a railroad corporation’s or supervisor’s policy to this provision. Current law authorizes a political subdivision to pass an ordinance regulating the length of time a specific highway crossing may be blocked if the political subdivision demonstrates that an ordinance is necessary for public safety or convenience. If an ordinance is passed, the political subdivision must, within days of the effective date of the ordinance, notify the DOT and the railroad corporation. The ordinance does not become effective unless the DOT and the railroad corporation are notified within days. The ordinance becomes effective days after notification unless a person files an objection to the ordinance with the DOT. If an objection is filed, the DOT must notify the department of inspections and appeals (DIA), which is required to hold a hearing. After a hearing by the DIA, the DOT may disapprove the ordinance if public safety or convenience does not require the ordinance. The decision of the DOT is final. The ordinance approved by the political subdivision is prima facie evidence that the ordinance is adopted to preserve public safety or convenience. The DIA, when considering rebuttal evidence, must weigh the benefits accruing to the political subdivision as they affect the general public use compared to the burden placed on the railroad operation. _____ or convenience may include but is not limited to high traffic density at a specific crossing of a main artery or interference with the flow of authorized emergency vehicles.32. The bill strikes all of these provisions. An officer or employee of a railroad corporation who violates the bill is, upon conviction, subject to a schedule “two” fine of between $100 and $500 per violation.