Arkansas 2025 Regular Session

Arkansas House Bill HB2005 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	ZRC136 04/10/2025 9:10:20 AM ZRC136
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 2005 3
6	6	4
7	7	By: Representative Hudson 5
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9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO AMEND THE LAW CONCERNING RAILROADS; TO 9
12	12	CREATE A LIMITATION ON THE LENGTH OF A TRAIN 10
13	13	OPERATING IN THIS STATE; TO CREATE A CIVIL PENALTY 11
14	14	FOR OPERATING A TRAIN OF EXCESSIVE LENGTH; TO DECLARE 12
15	15	AN EMERGENCY; AND FOR OTHER PURPOSES. 13
16	16	14
17	17	15
18	18	Subtitle 16
19	19	TO AMEND THE LAW CONCERNING RAILROADS; 17
20	20	TO CREATE A LIMITATION ON THE LENGTH OF 18
21	21	A TRAIN OPERATING IN THIS STATE; TO 19
22	22	CREATE A RELATED PENALTY; AND TO DECLARE 20
23	23	AN EMERGENCY. 21
24	24	22
25	25	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
26	26	24
27	27	SECTION 1. Arkansas Code Title 23, Chapter 10, is amended to add an 25
28	28	additional subchapter to read as follows: 26
29	29	Subchapter 5 - Train Length 27
30	30	28
31	31	23-10-501. Legislative findings and intent. 29
32	32	(a) The General Assembly finds that trains of excessive length 30
33	33	operating on a main line or branch line in this state expose the public to 31
34	34	unnecessary danger and disruption of commerce. 32
35	35	(b) The General Assembly intends for this subchapter to create a 33
36	36	requirement concerning train length that will eliminate disruptions of 34
37	37	commerce and the danger imposed on communities and the general citizenry by 35
38	38	trains of excessive length. 36 HB2005
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41	41	1
42	42	23-10-502. Definitions. 2
43	43	As used in this subchapter: 3
44	44	(1) "Branch line" means a secondary railroad track that branches 4
45	45	off from a main line; 5
46	46	(2)(A) "Main line" means: 6
47	47	(i) A Class I railroad that is documented in current 7
48	48	timetables filed by the Class I railroad with the Federal Railroad 8
49	49	Administrator under 49 C.F.R. § 217.7, as it existed on January 1, 2025, over 9
50	50	which five million (5,000,000) or more gross tons of railroad traffic is 10
51	51	transported annually; or 11
52	52	(ii) A railroad used for regularly scheduled 12
53	53	intercity or commuter rail passenger services. 13
54	54	(B) "Main line" does not include a railroad used for a 14
55	55	tourist, scenic, historic, or excursion operation; 15
56	56	(3)(A) "Railroad" means nonhighway ground transportation that 16
57	57	runs on rails or electromagnetic guideways in this state. 17
58	58	(B) "Railroad" includes without limitation a: 18
59	59	(i) Commuter railroad service or other short -haul 19
60	60	railroad passenger service in a metropolitan or suburban area; and 20
61	61	(ii) High-speed ground transportation system that 21
62	62	connects metropolitan areas without regard to whether the high -speed ground 22
63	63	transportation system uses new technologies not associated with traditional 23
64	64	railroads. 24
65	65	(C) "Railroad" does not include a rapid transit operation 25
66	66	in an urban area that is not connected to the general railroad system of 26
67	67	transportation; 27
68	68	(4) "Railroad corporation" means a corporation, company, or 28
69	69	individual that owns or operates a railroad in this state as an owner, 29
70	70	lessee, mortgagee, trustee, assignee, or receiver; 30
71	71	(5)(A) "Train" means a locomotive, multiple locomotives coupled 31
72	72	together, or one (1) or more locomotives coupled with one (1) or more cars 32
73	73	that require an air brake test under 49 C.F.R. Part 232, as it existed on 33
74	74	January 1, 2025, or 49 C.F.R. Part 238, as it existed on January 1, 2025. 34
75	75	(B) "Train" does not include: 35
76	76	(i) A locomotive or car during switching operations; 36 HB2005
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79	79	or 1
80	80	(ii) A locomotive or car that is operated to 2
81	81	classify and assemble cars within a railroad yard for the purpose of making 3
82	82	or breaking up trains; and 4
83	83	(6) "Train length" means the measurement of the total length of 5
84	84	a train operating on a main line or a branch line within this state. 6
85	85	7
86	86	23-10-503. Train length — Penalty — Collection. 8
87	87	(a) A railroad corporation or an individual shall not run a train or 9
88	88	permit a train to be run on any part of a main line or branch line that has a 10
89	89	train length of eight thousand five hundred feet (8,500') or greater. 11
90	90	(b)(1)(A) A railroad corporation or an individual that violates this 12
91	91	section is subject to a civil penalty of no less than five hundred dollars 13
92	92	($500) and no more than one thousand dollars ($1,000) for each foot of train 14
93	93	length over the limitation stated in subsection (a) of this section. 15
94	94	(B) A railroad corporation or an individual shall be 16
95	95	subject to an additional civil penalty under subdivision (b)(1)(A) of this 17
96	96	section for each day that the railroad corporation continues to operate a 18
97	97	train in violation of subsection (a) of this section. 19
98	98	(2) A railroad corporation or an individual that violates 20
99	99	subsection (a) of this section is subject to a one -time civil penalty of up 21
100	100	to two hundred fifty thousand dollars ($250,000) if the Director of State 22
101	101	Highways and Transportation finds: 23
102	102	(A) The violation to be grossly negligent; or 24
103	103	(B) That a pattern of repeated violations has caused: 25
104	104	(i) An imminent hazard of death or injury to an 26
105	105	individual; or 27
106	106	(ii) Death or injury to an individual. 28
107	107	(c) A civil penalty collected under this section shall be deposited 29
108	108	into the Arkansas Department of Transportation Fund to be used for investment 30
109	109	into the infrastructure of the state. 31
110	110	(d) The director shall determine the amount of a civil penalty imposed 32
111	111	under subsection (b) of this section based on: 33
112	112	(1) The nature, circumstances, extent, and gravity of the 34
113	113	violation; 35
114	114	(2) With respect to the violator, the: 36 HB2005
115	115
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117	117	(A) Degree of the violator's culpability; 1
118	118	(B) Violator's history of violations; 2
119	119	(C) Violator's ability to pay; and 3
120	120	(D) Effect on the violator's ability to continue to do 4
121	121	business; and 5
122	122	(3) Any other factors required by law. 6
123	123	(e)(1) The director shall refer a civil penalty assessed under this 7
124	124	section to the Attorney General for collection of the civil penalty. 8
125	125	(2) After the Attorney General has received adequate information 9
126	126	from the director to proceed with the collection of a civil penalty imposed 10
127	127	under this section, the Attorney General shall bring a civil action to 11
128	128	collect the amount of the civil penalty imposed under subsection (b) of this 12
129	129	section in the district court of the county in which: 13
130	130	(A) The violation occurred; 14
131	131	(B) The defendant has its principal executive office, if 15
132	132	the defendant is a railroad corporation; or 16
133	133	(C) The defendant resides, if the defendant is an 17
134	134	individual. 18
135	135	(3) A civil action under this subsection shall be brought within 19
136	136	three (3) years of the violation. 20
137	137	(4) In a proceeding under this subsection, a railroad 21
138	138	corporation is deemed to have knowledge of the acts of its officers, agents, 22
139	139	and employees. 23
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141	141	SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 25
142	142	General Assembly of the State of Arkansas that maintaining safe operating 26
143	143	practices by railroads is essential to the day -to-day operations and commerce 27
144	144	of this state; that maintaining sensible limitations on train length will 28
145	145	ensure the safety of the residents of this state and help to alleviate and 29
146	146	avoid the consequences of failing to maintain sensible limitations on train 30
147	147	length that other states have suffered; that no industry may act 31
148	148	irresponsibly by needlessly placing the desires of shareholders above the 32
149	149	state, counties, and municipalities in which the industry operates; and that 33
150	150	this act is immediately necessary because it demonstrates that this state 34
151	151	values its transportation infrastructure, uninterrupted commerce, first 35
152	152	responders, law enforcement, and firefighters and that the state will not 36 HB2005
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155	155	overlook the importance of the state's duty to protect its residents. 1
156	156	Therefore, an emergency is declared to exist, and this act being immediately 2
157	157	necessary for the preservation of the public peace, health, and safety shall 3
158	158	become effective on: 4
159	159	(1) The date of its approval by the Governor; 5
160	160	(2) If the bill is neither approved nor vetoed by the Governor, 6
161	161	the expiration of the period of time during which the Governor may veto the 7
162	162	bill; or 8
163	163	(3) If the bill is vetoed by the Governor and the veto is 9
164	164	overridden, the date the last house overrides the veto. 10
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