SF 384 — Summary
Overview
- Purpose: To require railway corporations to provide advance notice to the governmental entity with jurisdiction over a railway crossing when closing the crossing for repairs or upgrades, and to establish a penalty for noncompliance.
- Status: Tabled until future meeting (as of the latest action). House subcommittee scheduled and then tabled; prior Senate actions included passage and referral to the House.
- Introduced: February 20, 2025
- Technical cross-reference: Creates new section 327G.26; references to penalties use existing schedule and fine framework (schedule “one” under 327C.5; existing fine under 327G.25 is $100).
Purpose and main intent
- The bill expands notification requirements around railway crossing closures by obligating railway corporations to notify the governing entity that has jurisdiction over the crossing at least 30 days before a closure for repairs or upgrades, with limited exceptions.
- It requires disclosure of an estimated completion date for the repairs or upgrades and a subsequent notice if that completion date changes.
Key Provisions
- Notice timeline:
- A railway corporation must provide notice not fewer than 30 days prior to closing the crossing.
- Exceptions: closures that could not reasonably be anticipated 30 days in advance or closures occurring in the event of an emergency.
- Content of notice:
- Estimated date by which repairs or upgrades will be completed.
- If completion is anticipated to occur after the initial estimate, the railway corporation must notify the governmental entity as soon as practicable.
- Penalties:
- A railway corporation that violates the section is guilty of a schedule “one” penalty under 327C.5.
- In current law terms, violations related to crossing closures for repairs (327G.25) carry a $100 fine; the new provision effectively introduces a $100 penalty for noncompliance under the new 327G.26 framework.
Affected parties
- Railway corporations: Primary entities subject to the notice requirement and potential penalties.
- Governmental entities with crossing jurisdiction (e.g., city, county, state agencies): Recipients of the required notices and stakeholders in planning and traffic management.
- General public and local traffic users: Indirectly affected through improved notice about closures and anticipated restoration timelines.
Procedural and timeline considerations
- Legislative history highlights:
- Introduced 02/20/2025; placed on the calendar; committee report approving the bill.
- Senate passed the measure 48-0 on 03/12/2025; immediate message and House referral followed.
- Subcommittee actions occurred (03/26/2025 subcommittee; 04/01/2025 scheduled hearing in the House).
- As of the latest action, the bill is tabled until a future meeting.
- Notable implications:
- If enacted, crossings closures would require documented notice and an anticipated completion date, aiding local planning and emergency management coordination.
- The penalty framework provides a straightforward enforcement mechanism, though the introduced fine is modest.
Notes
- The bill’s explanation clarifies that the inclusion of the explanation does not reflect legislative agreement with its substance. The text aligns with existing practice of specifying penalties and notice duties while adding a formalized notification requirement for closures.