To enact section 4999.09 of the Revised Code to require the crews of freight trains to consist of at least two individuals.

Section 1. That section 4999.09 of the Revised Code be enacted to read as follows:

Sec. 4999.09.  (A) A train or light engine used in connection with the movement of freight shall have a crew that consists of at least two individuals. No superintendent, trainmaster, or other employee of a railroad shall order or otherwise require a train or light engine used in connection with the movement of freight to be operated unless it has a crew that consists of at least two individuals.

As used in this division, "train or light engine used in connection with the movement of freight" does not include hostler service or utility employees.

(B) Whoever purposely violates division (A) of this section shall be liable for a civil penalty of not less than two hundred fifty but not more than one thousand dollars. For a second violation of division (A) of this section within three years of the first violation, the person shall be liable for a civil penalty of not less than one thousand but not more than five thousand dollars. For a third or subsequent violation of division (A) of this section within three years of the first violation, the offender shall be liable for a civil penalty of not less than five thousand but not more than ten thousand dollars.

The attorney general, upon the request of the public utilities commission, shall bring a civil action to collect the 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.