NOTE: This measure became law without the governor's signature on
      6/6/2015.
      
      
      HOUSE BILL 15-1316
      
      
      BY REPRESENTATIVE(S) Lebsock and Thurlow, Priola, Brown, Carver,
      Conti, Dore, Moreno, Tate, Van Winkle, Windholz, Garnett, Melton,
      Winter, Ryden, Singer, Becker K., Roupe, Hullinghorst, Duran,
      Klingenschmitt, Mitsch Bush;
      also SENATOR(S) Hill and Ulibarri, Garcia, Heath, Johnston, Kefalas,
      Marble, Neville T., Woods.
      
      
      Concerning a simplification of the process by which the public
           utilities commission may issue a certificate to provide
           taxicab service in certain metropolitan counties.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 40-10.1-203, amend
      (2) (b) (II) as follows:
      
           40-10.1-203.  Rules for issuance of certificate - standing to
      protest - judicial review - legislative declaration. (2) (b) (II) (A)  The
      general assembly hereby finds, determines, and declares that
      House Bill 15-1316 may open the door to multiple taxicab
      companies entering the taxicab service market within the
      metropolitan areas of Colorado and will lead to free market
      competition, expanded consumer choice, and improved quality of
      service.
      
           (B)  The general assembly further finds, determines, and
      declares that nothing in this subparagraph (II) requires or
      prohibits a taxicab company applying for a certificate to form a
      labor union nor requires any taxicab driver to join a labor union.
      
           (C)  In an application for a certificate to provide taxicab service
      within and between the counties of Adams, Arapahoe, Boulder,
      Broomfield, Denver, Douglas, El Paso, and Jefferson,
      
           (A)  the applicant has the initial burden of proving that it is
      operationally and financially fit to provide the proposed service. The
      commission shall not consider the applicant's corporate
      structure when determining whether to approve or disapprove
      the application for a certificate. The applicant need not prove the
      inadequacy of existing taxicab service, if any, within the applicant's
      proposed geographic area of operation. If the commission determines
      that the applicant has proved its operational and financial
      fitness, the commission shall grant the applicant a certificate.
      
           (B)  If the applicant sustains the initial burden of proof as set forth
      in sub-subparagraph (A) of this subparagraph (II), there shall be a
      rebuttable presumption of public need for the service, and any party
      opposing the application shall prevail upon proving that the public
      convenience and necessity does not require granting the application or that
      the issuance of the certificate would be detrimental to the public interest.
      
           SECTION 2.  In Colorado Revised Statutes, 43-2-145, add (9) as
      follows:
      
           43-2-145.  Transportation legislation review - committee. (9)  In
      the 2015 interim between the first regular session of the
      seventieth general assembly and the second regular session of
      the seventieth general assembly, the committee shall examine:
      
           (a)  The statutory and regulatory requirements for entry
      into the market for taxicab service; and
      
           (b)  Regulations governing the provision of taxicab service.
      
           SECTION 3.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      5, 2015, if adjournment sine die is on May 6, 2015); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO