Bill Summary – FastDemocracy

2023                                                              23LSO-0607
                                STATE OF WYOMING
                               HOUSE BILL NO. HB0204
     Allowable train lengths.
     Sponsored by: Representative(s) Chestek, Berger and Newsome and Senator(s) Gierau and Rothfuss
                                       A BILL
                                           for
 1   AN ACT relating to public utilities; requiring trains to be
 2   not more than   a specified length;     providing operational
 3   requirements;        providing        a civil penalty;    providing
 4   definitions; and providing for an effective date.
 5
 6   Be It Enacted by the Legislature of the State of Wyoming:
 7
 8          Section 1.        W.S. 37-9-1401 and 37-9-1402 are created
 9   to read:
10
11                                   ARTICLE 14
12                                RAILROAD TRAINS
13
14          37-9-1401.     Definitions.
15
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     2023                        STATE OF WYOMING                             23LSO-0607
 1          (a)    As used in this article:
 2
 3                 (i)     "Branch line"      means       a secondary railroad
 4   track that branches off from a main line;
 5
 6                 (ii)     "Director"    means the director of   the
 7   department of transportation;
 8
 9                 (iii)     "Mainline"       means    a class      I    railroad as
10   documented in     current timetables filed by       the class   I
11   railroad with the federal railroad administration under 49
12   C.F.R. 217.7 when the railroad has five million (5,000,000)
13   or more gross tons of       railroad traffic transported
14   annually;
15
16                 (iv)     "Railroad"    means any form of    non-highway
17   ground transportation that runs on rails or electromagnetic
18   guideways;
19
20                 (v)     "Train"   means one or     more locomotives,
21   coupled with or without cars, that require an air brake
22   test in accordance with 49 C.F.R. part 232 or part 238;
23
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     2023                              STATE OF WYOMING                               23LSO-0607
 1                    (vi)       "Siding"     or      "passing track"            means    a
 2   sidetrack with switches at both ends.
 3
 4          37-9-1402.            Train length; penalties.
 5
 6          (a)       In addition to other administrative or criminal
 7   remedies authorized by law, the director, after notice and
 8   opportunity for hearing,       shall assess     a civil penalty
 9   against      a railroad company,      corporation or    employer as
10   provided in this section.
11
12          (b)       No railroad company operating in       the state of
13   Wyoming shall run or   permit to   be run any train that
14   exceeds eight thousand five hundred (8,500) feet in length
15   or exceeds the length of   the shortest passing track or
16   siding on which it travels on any mainline or branch line,
17   or that routinely or repeatedly blocks any intersection for
18   periods exceeding ten (10) minutes at one (1) time.
19
20          (c)       Except as provided in subsection (d) any railroad
21   company who willfully violates subsection          (b)     of this
22   section shall be subject to a civil penalty in an amount
23   not less than five hundred dollars ($500.00) per foot nor
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     2023                       STATE OF WYOMING                      23LSO-0607
 1   more than one thousand dollars ($1,000.00) per foot of the
 2   amount of a train exceeding the limitation set forth in
 3   subsection (a) of this section.
 4
 5          (d)   Any railroad company who commits    a grossly
 6   negligent violation or   who has    a pattern of   repeated
 7   violations of     subsection        (b)    of this section which
 8   violation caused an imminent threat of death or injury to
 9   another person or that caused death or injury to another
10   person shall be subject to a one (1) time fine not to
11   exceed two hundred fifty thousand dollars ($250,000.00).
12
13          (e)   In determining the amount of any civil penalty
14   under this section the director shall consider:
15
16                (i)    The nature,       circumstances,         extent and
17   gravity of the violation;
18
19                (ii)    The degree of     culpability,     history of
20   violations, ability to pay and any effect on the violator's
21   ability to continue to do business;
22
23                (iii)    Any other matters that justice requires.
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     2023                          STATE OF WYOMING                      23LSO-0607
 1
 2          (f)    At the request of   the director,      the attorney
 3   general may initiate a civil action to collect any civil
 4   penalty imposed pursuant to   this section.      The attorney
 5   general may bring a civil action in any court of competent
 6   jurisdiction. A civil action under this section shall be
 7   commenced within three     (3)   years of    the date of   the
 8   violation or within three (3) years of the latest violation
 9   if a repeated offense is alleged.
10
11          (g)    Any civil penalty received under this section
12   shall be deposited in the state highway fund.
13
14          Section 2.         This act is effective July 1, 2023.
15
16                                         (END)
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