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HOUSE BILL NO. 194

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Daily Data Tracking History

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H0194.........................................by TRANSPORTATION AND DEFENSE
RAILROAD PROPERTY - Adds to existing law to prohibit unauthorized access to
or use of railroad property; to limit responsibility of railroad owners,
operators and employees to warn persons violating this law; and to clarify
applicability of the provisions of this law.

02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Transp

Bill Text

H0194


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 194

                         BY TRANSPORTATION AND DEFENSE COMMITTEE

 1                                        AN ACT
 2    RELATING TO OPERATION OF RAILROADS; AMENDING CHAPTER 4, TITLE 62, IDAHO  CODE,
 3        BY  THE ADDITION OF A NEW SECTION 62-425, IDAHO CODE, TO PROHIBIT UNAUTHO-
 4        RIZED ACCESS TO OR USE OF RAILROAD PROPERTY, TO  LIMIT  RESPONSIBILITY  OF
 5        RAILROAD  OWNERS,  OPERATORS  AND EMPLOYEES TO WARN PERSONS VIOLATING THIS
 6        LAW AND TO CLARIFY APPLICABILITY OF THE PROVISIONS OF THIS LAW.

 7    Be It Enacted by the Legislature of the State of Idaho:

 8        SECTION 1.  That Chapter 4, Title 62, Idaho Code,  be,  and  the  same  is
 9    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
10    known and designated as Section 62-425, Idaho Code, and to read as follows:

11        62-425.  ACCESS TO RAILROAD PROPERTY -- DUTY OF CARE -- APPLICABILITY. (1)
12    A person other than a railroad employee may not ride or climb  or  attempt  to
13    ride  or  climb  on,  off, under, over or across a railroad locomotive, car or
14    train.
15        (2)  A person other than a railroad employee may not walk, ride or  travel
16    across,  along or upon railroad yards, tracks, bridges or rights-of-way at any
17    location other than at public crossings.
18        (3)  A person may not intentionally obstruct or interfere with train oper-
19    ations or use railroad property for recreational purposes.
20        (4) (a)  Except as provided in paragraph (b) of this subsection, an  owner
21        or  operator  of a railroad, including its officers, agents and employees,
22        owes no duty of care to warn of any dangerous conditions,  use,  structure
23        or  activity  on,  or  to  keep  railroad yards, tracks, bridges or active
24        rights-of-way safe for entry or use by any person violating the provisions
25        of this section.
26        (b)  A person who is injured while violating the provisions of  this  sec-
27        tion  may not recover damages for any injury from the owner or operator of
28        the railroad or any of its employees unless:
29             (i)   The owner or operator or any of its employees had actual knowl-
30             edge of the person's presence on the property; and
31             (ii)  The owner or operator or any of  its  employees  intentionally,
32             willfully, or maliciously injured the person.
33        (5)  The  provisions  of  this  section  shall  not  apply to any railroad
34    employee, business invitee, or individual who has received authorization  from
35    the owner or operator of the railroad to enter railroad property.
36        (6)  The  provisions of this section shall not modify any rights or duties
37    of federal, state, county or municipal officials in the performance  of  their
38    duties.
39        (7)  Nothing  in this section shall affect the rights granted to employees
40    under federal law including the federal railway labor act, 45  USC  secs.  151
41    through 164 or restrict an official of a rail union.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 08720C1

The purpose of this legislation is to identify who may climb or
ride on railroad equipment, and to define who may legalLy use
railroad yards, rights of way, etc. A railroad company's obligation
to trespassers is defined. This legislation would bar a person who
is injured while trespassing on railroad property from seeking
damages. The right of public officials to enter upon railroad
properties to perform their duties is preserved. Representation
rights of railroad employees under the Railway Labor Act are
preserved.






                            FISCAL NOTE

There will be no fiscal impact upon the general fund of the State
of Idaho.







CONTACT:  Rep. Kent Kunz
         Phone: 208/332-1000
         
                                    STATEMENT OF PURPOSE/ FISCAL NOTE  Bill No.  H 194