HB3059 HFA Reynolds 2-22 #1

Casto 3264

Delegate Reynolds moved to amend the bill on page 6, immediately following section 19, by inserting the following new section

§24-2G-20: Penalties.

(a) A railroad operator may be subject to a fine or civil penalty in accordance with subsection (b) of this section, upon a determination by the commission or by a court that the railroad operator has failed to substantially comply with the provisions of this article or rules or orders prescribed by the commission.

(b) The commission may fine or obtain civil penalties against a railroad operator for each violation of subsection (a) of this section, in an amount not less than $100 nor more than $1000 for each such violation.  Any penalty assessed under this section is in addition to any other costs, expenses, or payments for which the railroad operator is responsible under the other provisions of this section.

(c) In addition to fines and civil penalties, the commission may determine and declare and by order require that for violation of the provisions of subsection (a) of this section, the railroad operator must comply with the requirements of this article or orders prescribed by the Commission.

Adopted

Rejected