To amend section 4907.99, to enact new sections 4907.44, 4907.45, 4955.20, and 4955.36, and to repeal sections 4907.44, 4907.45, 4907.46, 4955.20, 4955.21, 4955.22, and 4955.36 of the Revised Code to revise state and local authority regarding the safety of railroad crossings and railroad tracks, bridges, and other structures and additionally to extend such state authority to scenic railways.

Section 1.  That section 4907.99 be amended and new sections 4907.44, 4907.45, 4955.20, and 4955.36 of the Revised Code be enacted to read as follows:

Sec. 4907.44.  As used in sections 4907.44 and 4907.45 of the Revised Code:

(A) "Scenic railway" means any corporation, company, individual, or association of individuals, or any lessee, trustee, or receiver appointed by a court, that owns, operates, manages, or controls a railroad on a not-for-profit basis and exclusively as a tourist or historical attraction, other than a railroad as defined in sections 4907.02 and 4907.03 of the Revised Code.

(B) "Track," "bridge," or "other structure" means a track, bridge, or other structure, respectively, that is used for the transportation of freight, passengers, or railroad or scenic railway crews and for which the railroad or scenic railway is responsible for structural maintenance work.

Sec. 4907.45.  (A) A railroad or scenic railway, in accordance with the American engineering and maintenance-of-way association codes of rules for inspection, annually shall inspect the condition of each of its bridges. Inspection shall be made or supervised by a professional engineer. The railroad or scenic railway shall file a report of the annual inspection with the public utilities commission on forms furnished by the commission or in a form acceptable to the commission.

(B) If at any time, including upon an annual inspection of a bridge under division (A) of this section, a railroad or scenic railway determines that a track, bridge, or other structure is in an unsafe condition such that it is dangerous or unfit for the transportation of passengers, freight, or railroad or scenic railway crews, or for traveling beneath if the track, bridge, or other structure passes over a public highway, street, lane, avenue, alley, road, or pike, the railroad or scenic railway immediately shall report the condition of the track, bridge, or other structure to the following:

(1) The commission; and

(2) If applicable, the public authority having jurisdiction over the public highway, street, lane, avenue, alley, road, or pike over which the track, bridge, or other structure passes.

(C)(1) The public authority may file a written complaint with the commission alleging that a railroad or scenic railway has failed to comply with division (B)(2) of this section.

(2) The public authority, or any person, may file a written complaint with the commission alleging that a track, bridge, or other structure is in an unsafe condition such that it is dangerous or unfit for the transportation of passengers, freight, or railroad or scenic railway crews, or for traveling beneath if the track, bridge, or other structure passes over a public highway, street, lane, avenue, alley, road, or pike.

(D) The commission, through its inspectors, shall examine and investigate as necessary each report submitted under divisions (A) and (B)(1) of this section and investigate each complaint filed under division (C)(1) or (2) of this section.

(E)(1) Except as otherwise provided in division (E)(2) of this section, if, as a consequence of an investigation under division (D) of this section or at any time, an inspector has reason to believe that a track, bridge, or other structure is in an unsafe condition such that it is dangerous or unfit for the transportation of passengers, freight, or railroad or scenic railway crews, or for traveling beneath if the track, bridge, or other structure passes over a public highway, street, lane, avenue, alley, road, or pike, the inspector immediately shall request the commission to issue a show cause order to the railroad or scenic railway. If granted, the order shall be served by certified mail on the local agent of the railroad or scenic railway. The order shall prescribe deadlines for the necessary corrective action and shall specify that the railroad or scenic railway has thirty days after the certified date of receipt of the show cause order to request a hearing to contest the matter. The order also may specify the rate of speed for trains using the track, bridge, or other structure for the period, as determined by the commission, that the track, bridge, or other structure is unsafe.

(2) If, as a consequence of an investigation under division (D) of this section or at any time, the commission finds, through its inspectors, that a track, bridge, or other structure is in an unsafe condition such that it poses a clear and imminent danger to life or health or threatens a significant loss of property and requires immediate corrective action to protect the public safety, the commission, without notice or prior hearing, shall order the railroad or scenic railway to take immediate corrective action within the deadlines specified in the order and also discontinue all use of the track, bridge, or other structure for the period, as determined by the commission, of the danger. The order shall provide for a hearing to occur within thirty days after the date of its issuance. After the hearing, the commission shall continue, revoke, or modify the order.

(F) Within two days after the date of issuance of the order, no superintendent or other executive officer of a railroad or scenic railway shall fail to direct the proper subordinate officers to run any passenger trains over the unsafe track, bridge, or other structure at a speed not exceeding that prescribed in an order under division (E)(1) of this section or to discontinue running passenger trains over the unsafe track, bridge, or other structure in accordance with an order under division (E)(2) of this section. No engineer, conductor, or other employee shall knowingly disobey the directive.

(G) A railroad or scenic railway shall comply with divisions (A) and (B)(1) and (2) of this section and with any order or final order issued under division (E)(1) or (2) of this section.

(H)(1) If, based upon an inspection or investigation by commission staff, upon complaint by any person or by any public authority described in division (B)(2) of this section, or at any time, the commission has reason to believe that an individual has violated division (F) of this section, or that a railroad or scenic railway has failed to comply with division (G) of this section, the commission may issue a show cause order. The order shall be served by certified mail and, in the case of a railroad or scenic railway, shall be served on its local agent. The order shall specify that the individual or, as the case may be, the railroad or scenic railway has thirty days after the certified date of receipt of the show cause order to request a hearing to contest the matter. After the thirty days or, if a hearing is held, after the hearing, the commission may assess on the individual, or the railroad or scenic railway, a forfeiture of not more than ten thousand dollars for each failure determined by the commission, with each day's continuance of the failure a separate offense. All forfeitures collected under this division shall be deposited into the state treasury to the credit of the general revenue fund.

(2) The attorney general may bring an action in the court of common pleas of Franklin county or of any county having jurisdiction of the defendant, for the recovery of forfeitures under this section.

(I) The powers, remedies, and forfeitures provided by this section are in addition to any other powers, remedies, and forfeitures provided by law. However, section 4907.60 of the Revised Code shall not apply in the case of any failure to comply with division (F) of this section.

(J) Except as otherwise provided in division (F) of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by a railroad or scenic railway under this section, while acting within the scope of the officer's, agent's, or other person's employment, is the act, omission, or failure of the railroad or scenic railway.

Sec. 4907.99.  (A) Whoever violates section 4907.21 of the Revised Code shall be fined not less than one hundred nor more than one thousand dollars.

(B) Whoever violates section 4907.22 of the Revised Code shall be fined not less than five hundred nor more than one thousand dollars.

(C) Whoever violates section 4907.32 of the Revised Code shall be fined not less than fifty nor more than five hundred dollars.

(D) Whoever violates section 4907.35 or 4907.38 of the Revised Code shall be fined not less than fifty nor more than one thousand dollars.

(E) Whoever violates division (F) of section 4907.45 of the Revised Code shall be fined not more than five hundred dollars, imprisoned not more than one year, or both.

(F) Whoever violates section 4907.473 of the Revised Code is guilty of a minor misdemeanor.

(G) Whoever violates section 4907.63 of the Revised Code is guilty of a felony of the fifth degree.

Sec. 4955.20. (A) As used in this section, "scenic railway" means any corporation, company, individual, or association of individuals, or any lessee, trustee, or receiver appointed by a court, that owns, operates, manages, or controls a railroad on a not-for-profit basis and exclusively as a tourist or historical attraction, other than a railroad as defined in sections 4907.02 and 4907.03 of the Revised Code.

(B) A railroad or scenic railway shall build and keep in repair good and sufficient crossings over or approaches to its tracks, sidetracks, and switches, at all points at which they intersect any public highway, street, lane, avenue, alley, road, or pike. Where sidewalks over the tracks are required to join sidewalks already established and leading up to the tracks for pedestrian safety, a railroad or scenic railway shall build and keep in repair good and sufficient sidewalks on both sides of a public highway, street, lane, avenue, alley, road, or pike so intersected and for the full width of the right-of-way it owns, claims, or occupies.

(C) Any person, or any public authority having jurisdiction over the public highway, street, lane, avenue, alley, road, or pike, may file a written complaint with the public utilities commission alleging a railroad's or scenic railway's failure to comply with division (B) of this section. Upon the filing of such a complaint, the commission shall assign the matter to one of its inspectors for investigation.

(D)(1) If, as a consequence of that investigation or any inspection, there is reason to believe that a railroad or scenic railway has failed to comply with division (B) of this section, the inspector immediately shall request the commission to issue a show cause order. If granted, the order shall be served by certified mail on the local agent of the railroad or scenic railway. The order shall specify that the railroad or scenic railway has thirty days after the certified date of receipt of the show cause order to request a hearing to contest the matter.

(2) The railroad or scenic railway shall comply with the show cause order or, as applicable, shall comply with a final order issued pursuant to a hearing under division (D)(1) of this section, in accordance with the timelines the commission shall prescribe in the order and to the extent necessary to comply with division (B) of this section as determined by the commission.

(E)(1) After notice and opportunity for hearing, the commission may impose on a railroad or scenic railway a forfeiture of not more than ten thousand dollars for each failure to comply with division (D)(2) of this section as determined by the commission, with each day's continuance a separate offense. Chapter 4903. of the Revised Code applies to a proceeding under division (E)(1) of this section. All forfeitures collected under this section shall be deposited into the state treasury to the credit of the general revenue fund.

(2) The attorney general may bring an action in the court of common pleas of Franklin county or of any county having jurisdiction of the defendant, for the recovery of forfeitures under this section.

(3) The commission's authority under section 4905.60 of the Revised Code shall extend to enforcement against a railroad or scenic railway under this section.

(F) The act, omission, or failure of any officer, agent, or other person acting for or employed by a railroad or scenic railway under this section, while acting within the scope of the officer's, agent's, or other person's employment, is the act, omission, or failure of the railroad or scenic railway.

(G) The powers, remedies, and forfeitures provided by this section are in addition to any other power, remedy, forfeiture, or penalty provided by law.

Sec. 4955.36. (A) As used in this section, "scenic railway" means any corporation, company, individual, or association of individuals, or any lessee, trustee, or receiver appointed by a court, that owns, operates, manages, or controls a railroad on a not-for-profit basis and exclusively as a tourist or historical attraction, other than a railroad as defined in sections 4907.02 and 4907.03 of the Revised Code.

(B) For a distance of six hundred feet upon its right-of-way at each intersection with a public road or highway, a railroad or scenic railway shall destroy or remove plants, trees, brush, or other vegetation materially obstructive to the view of approaching trains by travelers on the road or highway.

(C) Any person, or any public authority having jurisdiction over the public road or highway, may file a written complaint with the commission alleging a railroad's or scenic railway's failure to comply with division (B) of this section. Upon the filing of such a complaint, the commission shall assign the matter to one of its inspectors for investigation.

(D)(1) If, as a consequence of that investigation or any inspection, there is reason to believe that a railroad or scenic railway has failed to comply with division (B) of this section, the inspector immediately shall request the commission to issue a show cause order. If granted, the order shall be served by certified mail on the local agent of the railroad or scenic railway. The order shall specify that the railroad or scenic railway has thirty days after the certified date of receipt of the show cause order to request a hearing to contest the matter.

(2) The railroad or scenic railway shall comply with the show cause order or, as applicable, shall comply with a final order issued pursuant to a hearing under division (D)(1) of this section, in accordance with the timelines the commission shall prescribe in the order and to the extent necessary to comply with division (B) of this section as determined by the commission.

(E)(1) After notice and opportunity for hearing, the commission may impose on a railroad or scenic railway a forfeiture of not more than ten thousand dollars for each failure to comply with division (D)(2) of this section as determined by the commission, with each day's continuance a separate offense. Chapter 4903. of the Revised Code applies to a proceeding under division (E)(1) of this section. All forfeitures collected under this section shall be deposited into the state treasury to the credit of the general revenue fund.

(2) The attorney general may bring an action in the court of common pleas of Franklin county or of any county having jurisdiction of the defendant, for the recovery of forfeitures under this section.

(3) The commission's authority under section 4905.60 of the Revised Code shall extend to enforcement against a railroad or scenic railway under this section.

(F) The act, omission, or failure of any officer, agent, or other person acting for or employed by a railroad or scenic railway under this section, while acting within the scope of the officer's, agent's, or other person's employment, is the act, omission, or failure of the railroad or scenic railway.

(G) The powers, remedies, and forfeitures provided by this section are in addition to any other power, remedy, forfeiture, or penalty provided by law.

Section 2.  That existing section 4907.99 and sections 4907.44, 4907.45, 4907.46, 4955.20, 4955.21, 4955.22, and 4955.36 of the Revised Code are hereby repealed.