PRINTER'S NO. 272
No. 261 Session of 1991
INTRODUCED BY M. N. WRIGHT, NOYE, PITTS, PESCI, MELIO, VROON,
GODSHALL, COLAIZZO, ALLEN, TRELLO, HERSHEY, ARMSTRONG,
MAIALE, REBER, STEELMAN, BILLOW, NAHILL, MARSICO, COY, BUNT,
E. Z. TAYLOR, BISHOP, JAMES, MICHLOVIC AND BROUJOS,
FEBRUARY 5, 1991
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 5, 1991
AN ACT
1 Prohibiting the operation of any railroad engine by a person
2 convicted of driving under the influence; requiring employers
3 to make certain background checks; and providing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Certain engine operation prohibited.
7 (a) Offense defined.--It shall be unlawful for any person
8 who, within the past five years, has been convicted under 75
9 Pa.C.S. § 3731 (relating to driving under influence of alcohol
10 or controlled substance) or 3735 (relating to homicide by
11 vehicle while driving under influence), or convicted under a
12 similar statute of another state, to operate a railroad engine
13 within this Commonwealth.
14 (b) Grading.--A violation of subsection (a) constitutes a
15 felony of the third degree.
16 Section 2. Employer responsibilities.
17 (a) Background checks.--The employer of any person employed
1 to operate a railroad engine in this Commonwealth shall make the
2 appropriate background check of all of such employees in order
3 to preclude violations of section 1. These checks shall be made
4 not less frequently than annually. The employer shall require
5 all prospective employees to submit with their employment
6 application, pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
7 history record information), a report of criminal history record
8 information from the Pennsylvania State Police or a statement
9 from the State Police that the State Police central repository
10 contains no such information relating to the applicant. Where
11 the applicant is not a resident of this Commonwealth, the
12 employer shall require the applicant to submit with the
13 application for employment a report pursuant to Federal Bureau
14 of Investigation appropriation of Title II of Public Law 92-544,
15 (86 Stat. 1115).
16 (b) Penalty.--Any employer who has knowledge of a conviction
17 of an employee as described in section 1 and who permits or
18 directs that employee to operate a railroad engine in violation
19 of section 1 commits a misdemeanor of the first degree.
20 Section 3. Effective date.
21 This act shall take effect in 60 days.
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