FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES ZWEIFEL (Sponsor), DARROUGH, STORCH, KOMO, MEADOWS, WALTON, YAEGER, OXFORD, BROWN (50) AND BURNETT (Co-sponsors).
Read 1st time January 11, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 389, RSMo, by adding thereto four new sections relating to the local community rail security act of 2007, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 389, RSMo, is amended by adding thereto four new sections, to be known as sections 389.1100, 389.1103, 389.1106, and 389.1109, to read as follows:
389.1100. 1. Sections 389.1100 to 389.1109 shall be known and may be cited as the "Local Community Rail Security Act of 2007".
2. By February 8, 2008, every operator of rail facilities in this state shall provide to the Missouri state emergency management agency, the Missouri office of homeland security, and the Missouri department of transportation multimodal operations a risk assessment of all rail facilities in this state. The risk assessment shall describe the following:
(1) All facilities and their functions;
(2) The types of cargo that move through such facilities within the preceding twelve months, including the approximate quantities of hazardous materials and oil subject to Chapter 1 of Title 49 of the Code of Federal Regulations;
(3) The extent to which hazardous materials or oil are stored in rail facilities, including the location of such facilities and the approximate quantities of hazardous materials or oil stored;
(4) The location of any rail facility through which hazardous materials or oil is transported or at which such cargo is stored that lies within a fifteen mile radius of a school, hospital, nursing home, public utility, or public safety facility; and
(5) The railroad's current security plan, which shall include:
(a) A description of the practices of the railroad designed to prevent acts of sabotage, terrorism, or other crimes on rail facilities;
(b) The training program the railroad provides to its employees;
(c) The emergency response procedures of the railroad in dealing with acts of sabotage, terrorism, or other crimes; and
(d) The procedures of the railroad in communicating with local and state law enforcement personnel, emergency personnel, transportation officials, and other first responders in the event of acts of sabotage, terrorism, or other crimes.
389.1103. 1. By September 1, 2010, all rail operators shall have in place a "Community Protection Plan" to protect rail infrastructure in this state from acts of sabotage, terrorism, or other crimes.
2. The community protection plan shall specifically provide for the security of critical infrastructure, which includes all points of vulnerability of the rail system that handle hazardous cargo or oil, including rights of way, yards, bridges, tunnels, and signal systems.
3. With respect to rail infrastructure, the community protection plan shall:
(1) Describe the railroad's methods for protecting critical infrastructure from acts of sabotage, terrorism, or other crimes;
(2) Describe the manner and substance of initial and recurrent training provided by the railroad to its employees to enable them to identify security threats and respond appropriately to acts of sabotage, terrorism, or other crimes;
(3) The emergency response procedures of the railroad in dealing with acts of sabotage, terrorism, or other crimes; and
(4) The procedures of the railroad in communicating with local and state law enforcement personnel, emergency personnel, transportation officials, and other first responders in the event of acts of sabotage, terrorism, or other crimes.
4. With respect to any rail facility through which hazardous materials or oil is transported or at which such cargo is stored that lies within a fifteen mile radius of a school, hospital, nursing home, public utility, or public safety facility, the community protection plan shall also provide for:
(1) Inspection on a regular basis by personnel trained to determine the condition of the facility and its vulnerability to acts of sabotage, terrorism, of other crimes;
(2) Storage of hazardous materials or oil only in secure facilities designed for such storage, which shall not include rights of way;
(3) Procedures to prevent leaving locomotive equipment running while unattended, and leaving unattended locomotive equipment unlocked;
(4) Methods by which the cabs of occupied locomotives may be secured against unauthorized entry; and
(5) Security for all remote control devices to prevent access to such devices by unauthorized personnel.
5. Each rail operator in the state shall provide a copy of its community protection plan to the state emergency management agency, the office of homeland security, and the department of transportation multimodal operations.
6. The department of transportation multimodal operations shall review the community protection plan and shall have the authority to order a railroad to improve, modify, or change its plan to comply with the requirements of sections 389.1100 to 389.1109. The department shall have the authority to fine a railroad fifty thousand dollars per day for failure to comply with its orders or sections 389.1100 to 389.1109.
7. The community protection plan shall be updated by the rail operator at least once every year, and the updated plan shall be submitted to the state emergency management agency, the office of homeland security, and the department of transportation multimodal operations.
389.1106. No railroad or any other person covered by sections 389.1100 to 389.1109 may discharge or in any way discriminate against an employee who reports a violation of sections 389.1100 to 389.1109. An employee who alleges a violation of these sections may seek punitive damages of up to one million dollars for said violation, in addition to whatever other remedies may be available.
389.1109. 1. Sections 389.1100 to 389.1109 shall apply to railroads, contractors, or subcontractors working on the facilities of a railroad, and any other individual or corporation performing work on rail facilities in the state.
2. All employees of railroads, contractors, or subcontractors, and other individuals or corporations performing work on rail facilities in the state, shall receive training in section 389.1103. In addition, employees of rail contractors or subcontractors, and other individuals or corporations performing work on rail facilities in the state, shall be required to undergo the same background, skills, and fitness for duty checks as employees of the railroad.
3. Unless opened by the agency it is submitted to, information submitted under sections 389.1100 to 389.1109 is a closed record.
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