2007 Legislation
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SENATE BILL NO. 1134 – RR crossing, whistle, private road

SENATE BILL NO. 1134

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Bill Status



S1134.....................................................by TRANSPORTATION
RAILROAD CROSSINGS - Amends existing law to provide that the operator of a
train or locomotive is not required to sound the locomotive's bell, horn or
whistle when approaching any location at which the railroad crosses a
private highway, private road or private street.

02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Transp
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - President Pro Tempore Geddes
    Title apvd - to House
03/05    House intro - 1st rdg - to Transp
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 48-19-3
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bolz, Brackett, Bradford, Chadderdon, Clark, Collins, Durst,
      Edmunson, Eskridge, Hagedorn, Hart, Henderson, Jaquet, King, Kren,
      Labrador, Lake, LeFavour, Loertscher, Mortimer, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Ruchti,
      Shepherd(2), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- Barrett, Bock, Boe, Chew, Crane, Henbest, Killen, Luker,
      Marriott, Mathews, McGeachin, Patrick, Roberts, Rusche, Sayler,
      Schaefer, Shepherd(8), Thayn, Vander Woude
      Absent and excused -- Chavez, Harwood, Trail
    Floor Sponsor - Wills
    Title apvd - to Senate
03/20    To enrol
03/21    Rpt enrol - Pres signed - Sp signed
03/22    To Governor
    Law without signature
         Session Law Chapter 255
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1134
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RAILROAD CROSSINGS; AMENDING SECTION 62-412, IDAHO CODE,  TO  PRO-
  3        VIDE  THAT  THE OPERATOR OF A TRAIN OR LOCOMOTIVE IS NOT REQUIRED TO SOUND
  4        THE LOCOMOTIVE'S BELL, HORN OR WHISTLE WHEN APPROACHING  ANY  LOCATION  AT
  5        WHICH  THE  RAILROAD  CROSSES  A  PRIVATE HIGHWAY, PRIVATE ROAD OR PRIVATE
  6        STREET AT GRADE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 62-412, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        62-412.  BELL  OR  WHISTLE.  TO BE SOUNDED. A bell of at least twenty (20)
 11    pounds weight must be placed on each locomotive engine, and be rung at a  dis-
 12    tance  of  at least eighty (80) rods from the place where the railroad crosses
 13    any public street, road or highway, and be kept ringing until it  has  crossed
 14    such  public  street,  road or highway; or an adequate steam, air, electric or
 15    other similar whistle must be attached, and be sounded, except in  cities,  at
 16    the  like distance, and be kept sounding at intervals until it has crossed the
 17    same, under a penalty of one hundred dollars ($100) for every neglect,  to  be
 18    paid  by  the corporation operating the railroad, which may be recovered in an
 19    action prosecuted by the prosecuting attorney of the proper  county,  for  the
 20    use  of the state. The corporation is also liable for all damages sustained by
 21    any person, and caused by its locomotives, trains or cars, when the provisions
 22    of this section are not complied with. The operator of a train  or  locomotive
 23    is not required to sound the locomotive's bell, horn or whistle when approach-
 24    ing any location at which the railroad crosses a private highway, private road
 25    or private street at grade.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16992C1

The purpose of this legislation is to bring Idaho law into
compliance with new federal regulations and clarify the Idaho
requirement that trains are not required to whistle at private
crossings.

                           FISCAL NOTE

There is no fiscal impact to the state.




Contact
Name: Chris Arvas, Union Pacific Railroad 
Phone: 208-705-5626
Senator Robert Geddes    208-332-1000
Senator John McGee       208-332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                        S 1134