Reps. RUTHERFORD and BANNISTER propose the following Amendment No. to H. 3730 (COUNCIL\WAB\3730C001.RT.WAB21):

Reference is to Printer's Date 4/22/21-H.

Amend the bill, as and if amended, by inserting an appropriately numbered SECTION to read:

/ SECTION__. Section 58-17-4080 of the 1976 Code is amended to read:

"Section 58-17-4080. (A) If any A person, including any a conductor of any a train of railroad cars or any other another agent or servant of any a railroad company, shall may not obstruct unnecessarily any a public road or highway by permitting any a railroad car or locomotive to be or remain upon or across any a street, public road, or highway for a longer period than five minutes, after notice to remove such cars has been given to the conductor, engineer, agent or other such person in charge of such train or shall permit permits any timber, wood, or other obstruction to remain upon or across any such a street, road, or highway to the hindrance or inconvenience of travelers or any person persons passing along or upon such the street, road, or highway, every such person so offending shall forfeit and pay for every such offense any sum not exceeding twenty nor less than five dollars and shall be. A railroad company whose railroad car, locomotive, or other object obstructed a street, public road, or highway in violation of the provisions of this section must be fined by the Public Service Commission two thousand dollars for each lane of the street, public road, or highway obstructed. If the violation occurs between the hours of 7:30 a.m. and 5:30 p.m., the fine must be increased to five thousand dollars for each lane of the street, public road, or highway obstructed. In addition, the railroad company is liable for all damages arising to any highway, to be recovered by an action at the suit of the governing body of the county in which such the offense shall have has been committed or any a person suing therefor for damages, before any a magistrate within the county in which such the offense shall have has been committed or by indictment in the court of general sessions or suit in the court of common pleas. All fines so accruing under the provisions of this section, when collected, shall be paid over by the magistrate to the county treasurer for the district in which such offense was committed. Every twenty-four hours five minutes such person, after being notified, shall suffer such obstructions to the hindrance or inconvenience of travelers or any person going along or upon such road or highway to continue of obstruction shall be deemed constitutes an additional offense against the provisions of this section.

(B) The provisions of this section do not apply to obstruction of a public street, road, or highway by a continuously moving train or caused by circumstances wholly beyond the control of the railroad company, but do apply to other obstructions including, but not limited to, those caused by stopped trains and trains engaged in switching, loading, or unloading operations." /