F L O O R B O O K M E M O

To:Rick Staton, Chairman
From:Rob Aliff
Re:Committee Substitute forHB2443
Date:February 15, 1999

The Committee Substitute amends §61-3B-5 to create a specific misdemeanor offense for passing over the track of a railroad without lawful authority or the railroad carrier's consent. The bill permits crossing at a public highway or authorized crossing and specifically provides that these provisions shall not apply in a labor dispute. The penalty provisions of the section do not apply
to various persons such as passengers, railroad employees, emergency personnel and certain persons engaged in the performance of their official duties such as representatives of a public service commission, the division of highways, the federal railroad administration and national transportation safety board. Others excluded from this penalty include collective bargaining representatives of a railroad labor organization and representatives of a fraternal benefit society for a railroad labor organization. Finally, the bill exempts person who make a necessary and incidental pass over a nonhazardous section of track by means other than a motorized vehicle.
EFFECTIVE DATE:Regular