House Study Bill 174 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON YOUNG) A BILL FOR An Act relating to train accidents resulting in personal injury 1 or death, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2408YC (1) 91 th/ns
H.F. _____ Section 1. Section 327C.37, Code 2025, is amended by 1 striking the section and inserting in lieu thereof the 2 following: 3 327C.37 Accidents resulting in personal injury or death 4 investigations reports confidentiality. 5 1. If an accident occurs on any railroad within this 6 state that results in personal injury or death, the railway 7 corporation operating the railroad shall immediately notify 8 the department. If the department deems it necessary, the 9 department shall conduct an investigation and submit a 10 report to the governor detailing the extent of the injuries 11 and any fatalities, and whether the accident was caused by 12 mismanagement or neglect on the part of the railway corporation 13 operating the railroad. This report is not subject to chapter 14 22, including disclosure as described in section 22.7, and 15 shall not be admissible as evidence or referenced in any 16 proceeding in any court. 17 2. In the event of an accident resulting in the death of 18 a train crew member, personal information of a train crew 19 member who died is confidential and shall not be released 20 to the public, including personal information contained 21 in any report regarding the accident or contained in any 22 communication between law enforcement officers and train crew 23 members involved in such an accident. A law enforcement agency 24 and any person in subsequent possession of such personal 25 information shall maintain the personal information in a 26 manner that ensures the confidentiality and privacy of the 27 personal information. An unredacted report including personal 28 information of a train crew member who died may be accessed 29 upon written or electronic request by any of the following: 30 a. The railway corporation operating the railroad. 31 b. The railway corporation operating the train involved in 32 the accident. 33 c. A person authorized by court order. 34 d. A law enforcement officer, if necessary for the officers 35 -1- LSB 2408YC (1) 91 th/ns 1/ 2
H.F. _____ official duties. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanations substance by the members of the general assembly. 4 Under current law, upon the occurrence of any serious 5 accident upon any railroad, which results in personal injury 6 or loss of life, the corporation operating the road upon 7 which the accident occurred is required to give immediate 8 notice thereof to the department of transportation (DOT) whose 9 duty it is, if they deem it necessary, to investigate the 10 same, and promptly report to the governor the extent of the 11 personal injuries, or loss of life, and whether the same was 12 the result of mismanagement or neglect of the corporation on 13 whose line the injury or loss of life occurred; but such report 14 is prohibited from being evidence or referred to in any case 15 in any court (Code section 327C.37). This bill rewrites Code 16 section 327C.37 to enhance readability and specifies that 17 the required reports to the governor are not subject to Code 18 chapter 22 (open records). 19 The bill also requires personal information of a train 20 crew member who died in an accident to be kept confidential. 21 An unredacted report with otherwise protected, confidential 22 personal information may be accessed by certain persons 23 described in the bill. 24 By operation of law, a violation of the bill is a schedule 25 one penalty under Code section 327C.5. A schedule one 26 penalty is punishable by a fine of $100 per violation. 27 -2- LSB 2408YC (1) 91 th/ns 2/ 2