130th Ohio General Assembly
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H. B. No. 439  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 439


Representative Hagan, R. 

Cosponsors: Representatives Foley, Letson, Garland, Murray, Gerberry, Phillips, Carney, Yuko, Antonio 



A BILL
To enact section 4963.30 of the Revised Code to provide that if a train will be carrying 80,000 pounds or more of hazardous materials, the railroad company must provide the train crew with a list of those hazardous materials at least ten hours prior to the train's scheduled departure time.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That section 4963.30 of the Revised Code be enacted to read as follows:
Sec. 4963.30.  (A) If a train that will be departing from any location within this state will be transporting eighty thousand pounds or more of hazardous materials, the railroad company that owns or leases the train shall provide each member of the crew who will be on that train with a written document that lists all the hazardous materials that will be transported by that train at the time of departure. The railroad company shall provide each member of the crew with the written document not later than ten hours prior to the train's scheduled departure time.
(B) A railroad company that fails to comply with the requirement contained in division (A) of this section is liable for a civil penalty of one thousand dollars per occurrence. The failure of a member of a train crew to receive the list described in division (A) of this section in a timely manner as prescribed in that division constitutes such an occurrence. The attorney general, upon the request of the public utilities commission, shall bring a civil action to collect penalties described in this division. All penalties collected under this division shall be deposited into the state treasury to the credit of the public utilities fund created in section 4905.10 of the Revised Code.
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