H.B. No. 0174

Railroad peace officers.

Sponsored By: Representative(s) Illoway, Cohee, Edwards and Walsh and Senator(s) Anderson, J., Barton, Cathcart, Coe and Roberts

AN ACT relating to railroads; authorizing the appointment of railroad peace officers and specifying their qualifications and authority; specifying responsibility for liability arising from the acts or omissions of railroad peace officers; limiting definitions; and providing for an effective date.

1/17/2003 Bill Number Assigned

1/20/2003 H Received for Introduction

1/20/2003 H Introduced and Referred to H08

1/30/2003 H08 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Brechtel, Cooper, Edwards, Esquibel, Harshman, Jansen, Johnson, W. and Walsh

Nays: Representative(s) Diercks

Ayes 8 Nays 1 Excused 0 Absent 0 Conflicts 0

1/30/2003 H Placed on General File

2/4/2003 H Amendments Considered

HB0174HS001/A ADOPTED

That Substitute No. 1 for HB0174 DO Pass. JOHNSON, W. CHAIRMAN

2/4/2003 H Passed CoW

2/5/2003 H Passed 2nd Reading

2/6/2003 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Baker, Berger, Buchanan, Cohee, Cooper, Edwards, Esquibel, Hageman, Harshman, Iekel, Illoway, Jansen, Johnson, W., Jorgensen, Landon, Latta, Law, Lockhart, McMurtrey, Meuli, Meyer, Miller, D., Morgan, Osborn, Parady, Petersen, Powers, Prosser, Ross, Simpson, Slater, Tipton, Walsh and Wostenberg.

Nays: Representative(s) Alden, Anderson, R., Bagby, Boswell, Brechtel, Bucholz, Childers, Diercks, Gentile, Gilmore, Harvey, Hinckley, Johnson, L., Jones, Luthi, Martin, McOmie, Nicholas, Olsen, Reese, Robinson, Semlek, Thompson, Warren and Wasserburger.

Excused: Representative(s) Philp

Ayes 34 Nays 25 Excused 1 Absent 0 Conflicts 0

2/7/2003 S Received for Introduction

2/7/2003 S Introduced and Referred to S08

2/20/2003 S08 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Barton, Erb and Geis

Nays: Senator(s) Caller and Vasey

Ayes 3 Nays 2 Excused 0 Absent 0 Conflicts 0

2/20/2003 S Placed on General File

2/27/2003 S Amendments Considered

HB0174SS001/AE (TO ENGROSSED COPY) ADOPTED

Page 1-line 15 Delete "or" insert "but not"; after "more"

insert "than five (5)". BARTON, CHAIRMAN

HB0174SW001/FE (TO ENGROSSED COPY) FAILED

Page 1-line 4 After "officers;" insert "requiring conductors on trains;."

Page 3-line 21 After "(m)" delete "and" insert ","; after "9-2-1017(c)" insert "and 37-12-106".

Page 8-after line 9 Insert and renumber:

"37-12-106. Unlawful riding on railroad trains; power of conductor as special constable.

Each operating train in this state shall have a conductor. The conductor in charge of any car or train who finds any person on his car or train, violating the provisions of this act [§§ 37-12-104 through 37-12-107], is hereby made a special constable, authorized to arrest any such person and deliver him free of all transportation expense to the first sheriff, or deputy sheriff or rail police officer that may be available in the progress of such car or train. Such special constable shall deliver to the sheriff, or deputy sheriff or rail police officer with his prisoner a statement in writing showing in a brief and general but not technical way, the offense charged against the prisoner.". MOCKLER

2/27/2003 S Failed CoW; Indef Postponed

ROLL CALL

Ayes: Senator(s) Anderson, J., Barrasso, Barton, Cathcart, Coe, Erb, Geis, Hanes, Hawks, Kunz, Peck and Roberts.

Nays: Senator(s) Boggs, Burns, Caller, Case, Decaria, Goodenough, Job, Massie, Meier, Mockler, Northrup, Scott, Sessions and Vasey.

Excused: Senator(s) Devin, Hines, Larson and Schiffer.

Ayes 12 Nays 14 Excused 4 Absent 0 Conflicts 0