Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             SENATE BILL 584
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 By: Senator C. Tucker
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                                   For An Act To Be Entitled
                AN ACT TO CREATE STANDARD REQUIREMENTS FOR PHYSICAL
                MANIFEST DOCUMENTS REQUIRED TO BE KEPT BY A RAILROAD
                TRAIN OPERATING ON A MAIN TRACK OR BRANCH LINE WITHIN
                THE STATE; TO DECLARE AN EMERGENCY; AND FOR OTHER
                PURPOSES.
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                                               Subtitle
                         TO CREATE STANDARD REQUIREMENTS FOR
                         PHYSICAL MANIFEST DOCUMENTS REQUIRED TO
                         BE KEPT ON A RAILROAD TRAIN OPERATING ON
                         A MAIN TRACK OR BRANCH LINE WITHIN THE
                         STATE; AND TO DECLARE AN EMERGENCY.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.        DO NOT CODIFY.      Legislative findings.
        The General Assembly finds that:
                (1)      A railroad train operating without a physical manifest
 document exposes the public to unnecessary dangers and disruptions of
 commerce; and
                (2)      The intent of this act is to eliminate unnecessary dangers
 and disruptions of commerce imposed upon communities in and residents of
 Arkansas.
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        SECTION 2.        Arkansas Code § 23-10-101 is amended to read as follows:
        23-10-101. Definition Definitions.
        As used in this act, unless the context otherwise requires,:
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             (1)   "Branch line" means a secondary railroad line that branches
 off from a main line;
             (2)   "Main line" means a Class I railroad documented in current
 timetables filed as required under 49 C.F.R. § 217.7, as it existed on
 January 1, 2023, that:
                      (A)   Transports five million (5,000,000) or more gross tons
 of railroad traffic a year; or
                      (B)   Is used for regularly scheduled intercity or commuter
 railroad passenger service, or both, that does not include tourist, scenic,
 or historic railroad excursions;
             (3)   "Physical manifest document" means tangible paper
 documentation of railroad train and engine data;
             (4)   "railroad" “Railroad” or “railroad corporation” means all
 corporations, companies, or individuals owning or operating any railroad in
 this state whether as owner, contractor, lessee, mortgagee, trustee,
 assignee, or receiver; and
             (5)(A)     "Railroad train" means one (1) or more locomotives with
 or without cars, requiring an air brake test in accordance with 49 C.F.R. §
 232, as it existed on January 1, 2023, or 49 C.F.R. § 238, as it existed on
 January 1, 2023, including without limitation:
                             (i)     A single locomotive;
                             (ii)    Multiple locomotives coupled together; or
                             (iii)    One (1) or more locomotives coupled with
 one (1) or more cars.
                      (B)   "Railroad train" does not include a locomotive or car
 during switching operations or when the operation of the locomotive or car is
 that of classifying and assembling cars within a railroad yard for the
 purpose of making or breaking up railroad trains.
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      SECTION 3.      Arkansas Code Title 23, Chapter 10, Subchapter 1, is
 amended to add an additional section to read as follows:
      23-10-111.      Required physical manifest document - Penalties -
 Negotiation.
      (a)    A railroad train shall not operate on a main line or branch line
 without at least one (1) copy of the railroad train's physical manifest
 document.
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      (b)(1)     A person or a railroad corporation that violates this section
 is subject to a civil penalty of at least one thousand five hundred dollars
 ($1,500) but not more than three thousand dollars ($3,000) for each day that
 the violation persists.
               (2)   If the Director of State Highways and Transportation finds
 the violation to be grossly negligent or that a pattern of repeated
 violations has caused an imminent hazard of death or injury or has caused
 death or injury to an individual, the person or the railroad corporation that
 violates this subchapter is subject to a one-time fine of two hundred fifty
 thousand dollars ($250,000).
               (3)   The civil penalties collected under subdivisions (b)(1) and
 (2) of this section shall be used by the Arkansas Department of
 Transportation for highway and infrastructure projects.
      (c)(1)     The director may negotiate the amount of the civil penalty
 under subsection (b) of this section.
               (2)   In determining the amount of a compromise, the director
 shall consider:
                     (A)   The nature, circumstances, extent, and gravity of the
 violation;
                     (B)   With respect to the violator, the degree of
 culpability, any history of violations, the ability to pay, and any effect on
 the ability to continue to do business; and
                     (C)   Any other matters that law requires.
      (d)(1)     A penalty imposed under this section, if not promptly paid to
 the department, shall be referred to the Attorney General for collection in
 the judicial district in which the:
                     (A)   Violation occurred;
                     (B)   Railroad corporation has its principal executive
 office; or
                     (C)   Person resides.
               (2)   A civil action under this subsection shall commence within
 three (3) years of the date of the violation.
               (3)   In a civil action proceeding under this subsection, a
 railroad corporation is deemed to know the acts of its railroad employees,
 railroad officers, and railroad agents.
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      SECTION 4.    EMERGENCY CLAUSE.       It is found and determined by the
 General Assembly of the State of Arkansas that maintaining safe railroad
 operating practices is necessary for public safety and commercial efficiency;
 that maintaining proper documents onboard a railroad train operating within
 the state is necessary to ensure railroad train operation safety; that
 requiring a railroad train have a physical manifest document to provide to
 first responders in the case of an emergency is necessary for public safety;
 and that this act conveys the importance of transportation infrastructure,
 uninterrupted commerce, first responders, law enforcement, firefighters, and
 the state's duty to protect its citizens. Therefore, an emergency is declared
 to exist, and this act being immediately necessary for the preservation of
 the public peace, health, and safety shall become effective on:
            (1)    The date of its approval by the Governor;
            (2)    If the bill is neither approved nor vetoed by the Governor,
 the expiration of the period of time during which the Governor may veto the
 bill; or
            (3)    If the bill is vetoed by the Governor and the veto is
 overridden, the date the last house overrides the veto.
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Statutes affected: 
SB 584: 23-10-101