(1) If a railroad or any officer, agent, or employee of the railroad violates section 40-20-303, the public utilities commission may impose a fine of not less than ten thousand dollars but not more than twenty-five thousand dollars on the railroad. Each day of a continuing violation constitutes a separate violation.
(2) Notwithstanding subsection (1) of this section, the public utilities commission may impose a fine of up to one hundred thousand dollars per violation if the commission finds:
(a) The railroad intentionally or knowingly violated section 40-20-303; or
(b) The railroad's violation was part of a pattern and practice of repeated violations of section 40-20-303.
(3) The public utilities commission shall transfer all fines collected pursuant to subsections (1) and (2) of this section to the state treasurer, who shall credit the fines to the state highway fund created in section 43-1-219.
(4) The public utilities commission shall promulgate rules for the determination, imposition, and appeal of fines under this section.
Source: L. 2024: Entire part added, (HB 24-1030), ch. 161, p. 753, � 1, effective July 1. L. 2025: (3) amended, (SB 25-162), ch. 420, p. 2373, � 4, effective June 4.
Cross references: For the legislative declaration in SB 25-162, see section 1 of chapter 420, Session Laws of Colorado 2025.
40-20-309. Rail district maintenance and safety fund - created - repeal. (Repealed)
Source: L. 2024: Entire part added, (HB 24-1030), ch. 161, p. 753, � 1, effective July 1. L. 2025: (4) and (5) added, (SB 25-162), ch. 420, p. 2373, � 5, effective June 4.
Editor's note: (1) For the amendments in SB 25-162 in effect from June 4, 2025, to July 1, 2025, see chapter 420, Session Laws of Colorado 2025. (L. 2025, p. 2373.)
(2) Subsection (5) provided for the repeal of this section, effective July 1, 2025. (See L. 2025, p. 2373.)
Cross references: For the legislative declaration in SB 25-162, see section 1 of chapter 420, Session Laws of Colorado 2025.
40-20-309.5. Penalties collected and credited to the state highway fund - expenditure. (1) Money credited or transferred to the state highway fund pursuant to sections 40-20-308 (3) and 40-20-309 (4) must be expended by the transit and rail division in the department of transportation for the purposes of:
(a) Safety planning and development during the research, development, and construction of a passenger rail system;
(b) Planning, design, construction, or maintenance and operation of safety improvements on any railroad or railroad crossing in the state; and
(c) Completing capital development projects to improve the safety of a passenger rail system.
(2) Money credited or transferred to the state highway fund pursuant to sections 40-20-308 (3) and 40-20-309 (4) is not intended to increase the number of full-time employees of the department of transportation.
Source: L. 2025: Entire section added, (SB 25-162), ch. 420, p. 2373, � 6, effective June 4.
Cross references: For the legislative declaration in SB 25-162, see section 1 of chapter 420, Session Laws of Colorado 2025.