Iowa 2025-2026 Regular Session

Iowa Senate Bill SF39 Latest Draft

Bill / Introduced Version Filed 01/14/2025

                            Senate File 39 - Introduced   SENATE FILE 39   BY SHIPLEY   A BILL FOR   An Act relating to required railway crossing signs, signals, 1   and gate arms. 2   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3   TLSB 1880XS (3) 91   th/ns  

  S.F. 39   Section 1. Section 327G.2, Code 2025, is amended to read as 1   follows: 2   327G.2 Crossings  signs , gate arms, and signals   . 3   1. Every Notwithstanding the requirements under section 4   327G.15, every railroad   corporation constructing or operating 5   a railway shall make and construct at all points where such 6   railway crosses any public road good, sufficient, and safe 7   crossings ,   and erect at such points, at a sufficient elevation 8   from such road as to admit a free passage of vehicles of every 9   kind, a sign   at least two signs with large and distinct letters 10   placed thereon   , and install a sufficient number of gate arms, 11   gate arm signals, and crossing signal lights designed to flash 12   when a train approaches a crossing, to give notice of the 13   proximity of the railway ,   and warn persons of the necessity 14   of looking out for trains. The railroad corporation is 15   responsible for all costs associated with complying with this 16   subsection. 17   2.   Any railway company railroad corporation neglecting or 18   refusing to comply with the provisions of this section shall be 19   liable for all damages sustained by reason of such refusal or 20   neglect, and it shall only be necessary, in order to recover, 21   for the injured party to prove such neglect or refusal. 22   EXPLANATION 23   The inclusion of this explanation does not constitute agreement with 24   the explanations substance by the members of the general assembly. 25   Under current law, wherever a railway track crosses a 26   highway, street, or alley, the railroad corporation owning 27   such track and the applicable governmental entity with 28   jurisdiction over the crossed highway, street, or alley may 29   agree upon the location, manner, vacation, physical structure, 30   characteristics, and maintenance of the crossing and flasher 31   lights or gate arm signals at the crossing and the allocation 32   of associated costs thereof (Code section 327G.15). In 33   addition, every corporation constructing or operating a railway 34   is required to make and construct at all points where such 35   -1-   LSB 1880XS (3) 91   th/ns 1/ 2                     

  S.F. 39   railway crosses any public road good, sufficient, and safe 1   crossings and erect at such points, at a sufficient elevation 2   from such road as to admit a free passage of vehicles of every 3   kind, a sign with large and distinct letters placed thereon, to 4   give notice of the proximity of the railway, and warn persons 5   of the necessity of looking out for trains. 6   This bill requires a railroad corporation constructing or 7   operating a railway to erect at least two such signs, and 8   install a sufficient number of gate arms, gate arm signals, 9   and crossing signal lights designed to flash when a train 10   approaches a crossing, to give notice of the proximity of the 11   railway and warn persons of the necessity of looking out for 12   trains. The bill provides that the railroad corporation is 13   responsible for all associated costs. 14   -2-   LSB 1880XS (3) 91   th/ns 2/ 2