HOUSE 3rd Reading Unamended March 4, 2016 HOUSE Amended 2nd Reading March 3, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-0711.01 Jennifer Berman x3286HOUSE BILL 16-1136 HOUSE SPONSORSHIP Esgar, Danielson, Winter, Melton, Garnett, Mitsch Bush, Tyler, Lebsock, Duran, Primavera SENATE SPONSORSHIP Garcia, House Committees Senate Committees Transportation & Energy A BILL FOR AN ACT Concerning a requirement that a common carrier engaged in the transportation of property by railroad have at least two crew members aboard a freight train while the freight train is moving. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill requires a common carrier engaged in the transportation of property by railroad to have at least 2 crew members aboard a railroad train or light engine operated in connection with carrying freight while the freight train or light engine is moving. A violation of the requirement is a misdemeanor, punishable by a fine of $250 to $1,000 for a first offense, $1,000 to $5,000 for a second offense committed within 3 years, or $5,000 to $10,000 for a third or subsequent offense committed within 3 years. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 40-9-101 as follows: 40-9-101. Application of sections. The provisions of Sections 40-9-101 to 40-9-108 shall 40-9-108.5 apply to any person who is held to be a common carrier, within the meaning and purpose of said sections and to any common carrier engaged in the transportation of passengers or property by railroad from one point within the state to any other point within the state. These sections shall do not apply to the ownership or operation of street transportation public utilities conducted solely as common carriers in the transportation of passengers. SECTION 2. In Colorado Revised Statutes, add 40-9-108.5 as follows: 40-9-108.5. Railroad freight transport - number of crew members required - penalty - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that it is in the public interest of the state to require that a common carrier engaged in the transportation of freight by railroad have multiple crew members aboard a railroad train or light engine in order to help ensure the public safety of Colorado's citizens and the safety of its waterways and natural environment. (2) (a) A railroad train or light engine operated in connection with carrying freight must have at least two crew members aboard while the railroad train or light engine is moving. (b) The crew member requirement set forth in paragraph (a) of this subsection (2) does not apply to: (I) A railroad train or light engine operated by remote control in compliance with the federal railroad administration's rules; or (II) Hostler service, utility employee service, or distributed power helper service. (3) On an annual basis, the public utilities commission shall report to the transportation legislation review committee created in section 43-2-145, C.R.S., on the number of violations of subsection (2) of this section that occurred in the previous twelve months. For each violation reported, the commission shall indicate whether the railroad train or light engine was carrying hazardous material, coal, freight, military equipment, other commodities, or any combination thereof. (4) As used in this section: (a) "Crew member" means an employee of the common carrier involved in the operation of a railroad train or light engine. (b) "Light engine" means a locomotive that is not attached to a railroad car. (5) (a) This section is repealed if the federal railroad administration promulgates a rule, or the United States congress enacts and the president signs federal legislation, mandating the minimum number of crew members that must be aboard a railroad train or light engine. (b) The director of the public utilities commission shall notify the revisor of statutes, in writing, if the condition specified in this subsection (5) occurs. SECTION 3. Effective date. This act takes effect July 1, 2016. SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.