HB 1789 -- Local Community Rail Security Act of 2006

Sponsor:  Zweifel

This bill establishes the Local Community Rail Security Act of
2006 and requires every operator of rail facilities in Missouri
to provide a risk assessment of all rail facilities to state and
local law enforcement personnel, emergency personnel,
transportation officials, and other first responders by July 1,
2007.  The bill specifies what the assessment must include.

By September 1, 2007, all rail operators must have an
infrastructure protection program in place to protect all rail
infrastructure in Missouri from acts of sabotage, terrorism, and
other crimes.  Specifically, the program must provide security
for critical infrastructure including bridges, tunnels, and
signal systems.  The bill specifies what the rail operator must
provide regarding critical infrastructure and what the program
must include.  The program must be updated annually.

The Department of Transportation must review the program and can
order a rail operator to improve or change it.  Any rail operator
that fails to comply with an order of the department will be
subject to a fine of $50,000 for each day the operator is in
violation.

Rail operators must comply with several specified requirements
for facilities that handle cargo passing within 15 miles of a
community facility.  Any operator who fails to comply with these
requirements will be subject to a fine of $50,000 for each day
the operator is in violation.

Rail operators must provide communications capabilities which are
specified in the bill.

All contractors, subcontractors, or any other person working on
rail facilities will receive training similar to the type
received by rail operators and will undergo the same background,
skills, and fitness-for-duty checks as the rail operators.

Punitive actions cannot be taken against any employee who reports
a violation of these provisions.  An employee subject to punitive
actions may seek damages of $1 million from the employer, in
addition to any other remedies available such as back pay or
reinstatement.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:44 am