Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0293.02 Duane Gall x4335 SENATE BILL 12-049 SENATE SPONSORSHIP Roberts, HOUSE SPONSORSHIP Coram, Baumgardner, Brown Senate Committees House Committees Transportation A BILL FOR AN ACT Concerning financial responsibility requirements for motor carriers, and, in connection therewith, reducing the surety bond requirement for towing carriers and limiting its applicability to counties of relatively high population density. 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 amends the requirement for a $50,000 surety bond that was added to the statutes governing towing carriers in 2011 by: Reducing the amount to $10,000; and Exempting carriers in counties with less than 200 persons per square mile from the bond requirement. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 40-10.1-401, amend (3) (a) as follows: 40-10.1-401. Permit requirements. (3) (a) (I) Except as otherwise provided in subsection (2) of this section and section 40-10.1-112 (4), the commission shall issue a permit to a towing carrier upon completion of the application, the filing of proof of workers' compensation insurance coverage in accordance with the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., the filing of proof of a surety bond in the amount of at least fifty thousand dollars in accordance with subparagraph (II) of this paragraph (a) if required, and compliance with the financial responsibility requirements of this article. and The commission may attach to such the permit and to the exercise of the rights granted by the permit such restrictions, terms, and conditions, including altering the rates and charges of such the applicant, as are reasonably deemed necessary for the protection of the property of the public. The surety bond must be made payable to the commission and is for the purpose of paying any civil penalty assessments against the carrier that the carrier fails to pay when due. (II) The surety bond must be in the amount of at least ten thousand dollars; except that no bond is required of towing carriers that operate only in counties with a population density of less than two hundred persons per square mile, according to the most recent available United States census information. SECTION 2. Effective date - applicability. This act takes effect upon passage and applies to towing carriers that applied for permits on, before, or after said date. SECTION 3. 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.