General Assembly: 77 (1998 Regular GA) - Chapter 1067 - Crimes relating to railroad property


Published: 1998-04-09

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CH.I066 LAWS OF THE SEVENTY-SEVENTH GA., 1998 SESSION 100

a. A retailer shall not be required to make cash disbursements or to provide, purchase, or upgrade electronic funds transfer system equipment as a condition of participation in the program.

b. A retailer providing electronic funds transfer system equipment for transactions pursu- ant to the program shall be reimbursed fifteen cents for each approved transaction pursuant to the program utilizing the retailer's equipment.

c. A retailer that provides electronic funds transfer system equipment for transactions pursuant to the program and who makes cash disbursements pursuant to the program utilizing the retailer's equipment shall be paid a fee of fifteen cents by the department for each cash disbursement transaction by the retailer.

2. A point-of-sale terminal which is used only for purchases from a retailer by electronic benefits transfer utilizing electronic funds transfer systems is not a satellite terminal as defined in section 527.2.

Approved April 9, 1998

CHAPTER 1067 CRIMES RELATING TO RAILROAD PROPERTY

H.F.2482

AN ACT relating to certain criminal acts committed on or against the property of railway corporations and providing and applying penalties.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 716.7, subsection 2, Code 1997, is amended by adding the following new paragraph:

NEW PARAGRAPH. e. Entering or remaining upon or in railway property without law- ful authority or without the consent of the railway corporation which owns, leases, or operates the railway property. This paragraph does not apply to passage over a railroad right-of-way, other than a track, railroad roadbed, viaduct, bridge, trestle, or railroad yard, by an unarmed person if the person has not been notified or requested to abstain from entering on to the right-of-way or to vacate the right-of-way and the passage over the right-of-way does not interfere with the operation of the railroad.

Sec. 2. Section 716.7, Code 1997, is amended by adding the following new subsections: NEW SUBSECTION. 5. For purposes of this section, "railway property" means all tan-

gible real and personal property owned, leased, or operated by a railway corporation with the exception of any administrative building or offices of the railway corporation.

For purposes of this section, "railway corporation" means a corporation, company, or person owning, leasing, or operating any railroad in whole or in part within this state.

NEW SUBSECTION. 6. This section shall not apply to the following persons: a. Representatives of the state department of transportation, the federal railroad adminis-

tration, or the national transportation safety board who enter or remain upon or in railway property while engaged in the performance of official duties.

b. Employees of a railway corporation who enter or remain upon or in railway property while acting in the course of employment.

c. Any person who is engaged in the operation of a lawful business on railway station grounds or in the railway depot.

101 LAWS OF THE SEVENTY-SEVENTH G.A., 1998 SESSION CH.I067

Sec. 3. NEW SECTION. 716.9 STOWAWAYS. A person commits the simple misdemeanor offense of stowing away, when, without law-

ful authority or the consent of a railway corporation, the person does either of the following: 1. Rides on the outside of a train or train component. 2. Rides on the inside of a train or train component which is not a passenger car.

Sec. 4. NEW SECTION. 716.10 RAILROAD VANDALISM. 1. A person commits railroad vandalism when the person does any of the following: a. Shoots, fires, or otherwise discharges a firearm or other device at a train or train com-

ponent. b. Launches, releases, propels, casts, or directs a projectile, missile, or other device at a

train or train component. c. Intentionally throws or drops an object on or onto a train or train component. d. Intentionally places or drops an object on or onto a railroad track. e. Without the consent of the railway corporation, takes, removes, defaces, alters, or ob-

scures any of the following: (1) A railroad signal. (2) A train control system. (3) A train dispatching system. (4) A warning signal. (5) A highway-railroad grade crossing signal or gate. (6) A railroad sign, placard, or marker. f. Without the consent of the railway corporation, removes parts or appurtenances from,

damages, impairs, disables, interferes with the operation of, or renders inoperable any of the following:

(1) A railroad signal. (2) A train control system. (3) A train dispatching system. (4) A warning signal. (5) A highway-railroad grade crossing signal or gate. (6) A railroad sign, placard, or marker. g. Without the consent of the railway corporation, taking, removing, disabling, tamper-

ing, changing, or altering a part or component of any operating mechanism or safety device of any train or train component.

h. Without the consent of the railway corporation, takes, removes, tampers, changes, alters, or interferes with any of the following:

(1) A railroad roadbed. (2) A railroad rail. (3) A railroad tie. (4) A railroad frog. (5) A railroad sleeper. (6) A railroad switch. (7) A railroad viaduct. (8) A railroad bridge. (9) A railroad trestle. (10) A railroad culvert. (11) A railroad embankment. (12) Any other structure or appliance which pertains or is appurtenant to a railroad. 2. a. A person commits railroad vandalism in the first degree if the person intentionally

commits railroad vandalism which results in the death of any person. Railroad vandalism in the first degree is a class "B" felony. However, notwithstanding section 902.9, subsection 1, the maximum sentence for a person convicted under this section shall be a period of confinement of not more than fifty years.

CH.I067 LAWS OF THE SEVENTY-SEVENTH GA., 1998 SESSION 102

b. A person commits railroad vandalism in the second degree if the person intentionally commits railroad vandalism which results in serious injury to any person. Railroad vandal- ism in the second degree is a class "B" felony.

c. A person commits railroad vandalism in the third degree if the person intentionally commits railroad vandalism which results in bodily injury to any person or results in prop- erty damage which costs more than ten thousand dollars to replace, repair, or restore. Rail- road vandalism in the third degree is a class "C" felony.

d. A person commits railroad vandalism in the fourth degree if the person intentionally commits railroad vandalism which results in property damage which costs ten thousand dollars or less but more than one thousand dollars to replace, repair, or restore. Railroad vandalism in the fourth degree is a class "D" felony.

e. A person commits railroad vandalism in the fifth degree if the person intentionally commits railroad vandalism which results in property damage which costs more than five hundred dollars but does not exceed one thousand dollars to replace, repair, or restore. Railroad vandalism in the fifth degree is an aggravated misdemeanor.

f. A person commits railroad vandalism in the sixth degree if the person intentionally commits railroad vandalism which results in property damage which costs more than one hundred dollars but does not exceed five hundred dollars to replace, repair, or restore. Rail- road vandalism in the sixth degree is a serious misdemeanor.

g. A person commits railroad vandalism in the seventh degree if the person intentionally commits railroad vandalism which results in property damage which costs one hundred dollars or less to replace, repair, or restore. Railroad vandalism in the seventh degree is a simple misdemeanor.

3. For purposes of this section, "railway corporation" means a corporation, company, or person owning, leasing, or operating any railroad in whole or in part within the state.

For purposes of this section, "train component" means any locomotive, engine, tender, railroad car, passenger car, freight car, box car, tank car, hopper car, flatbed, container, work equipment, rail-mounted equipment, or any other railroad rolling stock.

For purposes of this section, "train" means a series of two or more train components which are coupled together in a line.

APprovedAP~19, 1998

CHAPTER 1068 UNDERGROUND STORAGE TANK INSURANCE FUND AND BOARD

H.F.2490

AN ACT relating to the administration of the insurance account of the comprehensive petroleum underground storage tank fund, creating an underground storage tank insurance board, an underground storage tank insurance fund, and transferring assets and liabilities of the insurance account of the comprehensive petroleum underground storage tank fund.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 455G.2, subsection 4, Code 1997, is amended to read as follows: 4. "Claimant" means an owner or operator who has received assistance under the reme-

dial account or who has coverage under the insurance account fund with respect to a release, or an installer or inspector who has coverage under the insurance account fund.