First Regular Session
Sixty-first General Assembly
LLS NO. 970439.01 DHG
HOUSE BILL 971278
STATE OF COLORADO
BY REPRESENTATIVE Grampsas;
also SENATOR Wattenberg.
ENGROSSED
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
CONCERNING REGULATION OF LUXURY LIMOUSINE TRANSPORTATION,
AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Replaces the current definition of a "luxury limousine" (i.e., a vehicle or equipmentbased definition) with a definition of "luxury limousine service". Sets forth specific requirements for the provision of luxury limousine service, including both vehicle and equipmentbased requirements, such as seating capacity and television, telephone, and beverage service, and also operational requirements, such as the necessity that transportation be arranged in advance on behalf of a defined group of persons identified in a written manifest or charter order carried in the vehicle. Requires manifests and other documents evidencing compliance with these operational requirements to be provided upon demand to authorized representatives of the public utilities commission (PUC), airport authorities, and law enforcement agencies.
Directs the PUC to assess civil penalties against,
or revoke the registration of, luxury limousine companies that
fail to comply with the requirements of this act. Makes repeat
violators ineligible for reregistration for a period of at least
2 years. Authorizes formal complaints by any person, and treats
multiple violations occurring on the same day as separate violations
under the existing $400perday civil fine provision.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 4016101 (1), (3), and (4), Colorado Revised Statutes, 1993 Repl. Vol., as amended, are amended, and the said 4016103, is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
4016101. Definitions. As used in this article, unless the context otherwise requires:
(1) "Charter
or scenic bus" means a motor vehicle for the transport of
people with a minimum capacity of thirtytwo passengers which
is hired to provide services for a person or group of persons
travelling from one location to another for a common purpose.
A charter or scenic bus does not provide regular route service
from one location to another. "CHARTER"
MEANS A CONTRACT FOR TRANSPORTATION WHEREBY A PERSON AGREES TO
PROVIDE EXCLUSIVE USE OF A MOTOR VEHICLE TO A SINGLE CHARTERING
PARTY FOR A SPECIFIC PERIOD OF TIME DURING WHICH THE CHARTERING
PARTY SHALL HAVE THE EXCLUSIVE RIGHT TO DIRECT THE OPERATION OF
THE VEHICLE, INCLUDING, BUT NOT LIMITED TO, SELECTION OF THE ORIGIN,
DESTINATION, ROUTE, AND INTERMEDIATE STOPS OF THE TRANSPORTATION.
(1.2) "CHARTER OR SCENIC BUS" MEANS A MOTOR VEHICLE FOR THE TRANSPORT OF PEOPLE WITH A MINIMUM CAPACITY OF THIRTYTWO PASSENGERS THAT IS HIRED TO PROVIDE SERVICES FOR A PERSON OR GROUP OF PERSONS TRAVELLING FROM ONE LOCATION TO ANOTHER FOR A COMMON PURPOSE. A CHARTER OR SCENIC BUS DOES NOT PROVIDE REGULAR ROUTE SERVICE FROM ONE LOCATION TO ANOTHER.
(1.4) "CHARTERING PARTY" MEANS A PERSON OR GROUP OF PERSONS WHO SHARE A PERSONAL OR PROFESSIONAL RELATIONSHIP WHEREBY ALL SUCH PERSONS ARE MEMBERS OF THE SAME AFFILIATED GROUP SUCH AS A FAMILY, BUSINESS, CLUB, RELIGIOUS ORGANIZATION, BUSINESS OR PROFESSIONAL ASSOCIATION, OR SOCIAL ORGANIZATION OR ARE TRAVELING TOGETHER FOR A COMMON BUSINESS PURPOSE. "CHARTERING PARTY" DOES NOT INCLUDE GROUPS OF UNRELATED PERSONS BROUGHT TOGETHER BY CARRIERS, TRANSPORTATION BROKERS, OR OTHER THIRD PARTIES FOR THE SOLE PURPOSE OF OBTAINING SINGLETRIP TRANSPORTATION SERVICE, BUT MAY INCLUDE GUESTS AT THE SAME HOTEL, PASSENGERS ON THE SAME AIRLINE, OR CUSTOMERS OF THE SAME GROUP TOUR.
(3) "Luxury
limousine" means a luxury motordriven passenger automobile
for hire on a charter basis to transport passengers which offers
luxury features which shall include, but need not be limited to,
television, telephone, and beverages. If the commission questions
whether a specific vehicle is a luxury limousine, it may determine
if such vehicle is a luxury limousine when application is made
for vehicle identification as required by section 402110.5.
"Luxury limousine" does not include a taxicab.
"LUXURY LIMOUSINE COMPANY" MEANS A PERSON WHO OFFERS
LUXURY LIMOUSINE SERVICE.
(3.3) "LUXURY LIMOUSINE SERVICE" MEANS A SPECIALIZED, LUXURIOUS TRANSPORTATION SERVICE BY MOTOR VEHICLE THAT IS PROVIDED AT A PREMIUM RATE ON A PREARRANGED, CHARTER BASIS. "LUXURY LIMOUSINE SERVICE" DOES NOT INCLUDE TAXICAB SERVICE OR ANY SERVICE PROVIDED BETWEEN FIXED POINTS OVER REGULAR ROUTES AT REGULAR INTERVALS.
(4) "Motor vehicle carrier exempt
from regulation as a public utility" means persons
A PERSON who offer
OFFERS:
(a) Services as A property carriers
CARRIER by motor vehicle; or offer
(b) LUXURY LIMOUSINE SERVICE; OR
(c) Services using A charter or scenic
buses
BUS, luxury limousines,
offroad scenic charters, and
CHARTER, OR children's activity buses
BUS.
(6.3) "PREARRANGED", IN REFERENCE TO A TRANSPORTATION SERVICE, MEANS THAT THE TRANSPORTATION HAS BEEN ARRANGED OR RESERVED BY MAIL, TELEPHONE, TELEFACSIMILE, COMPUTER, OR AT A BOOTH BEFORE THE CARRIER BEGINS TO RENDER THE TRANSPORTATION SERVICE OR ANY SERVICE ANCILLARY TO THE TRANSPORTATION, SUCH AS LOADING OF BAGGAGE. PREARRANGEMENT MAY INCLUDE ARRANGEMENT IN ADVANCE, UNDER AN ORAL CONTRACT, BY A HOTEL OR OTHER BUSINESS TO WHICH THE PROVISION OF TRANSPORTATION IS SECONDARY OR INCIDENTAL, FOR THE TRANSPORTATION OF ITS GUESTS OR CUSTOMERS.
SECTION 2. Article 16 of title 40, Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
4016102.5. Luxury limousine companies operation registration complaints. (1) VEHICLES USED TO PROVIDE LUXURY LIMOUSINE SERVICE SHALL HAVE A PASSENGER SEATING CAPACITY OF AT LEAST FOUR AND NOT MORE THAN FOURTEEN, NOT INCLUDING THE DRIVER, AND SHALL NOT DISPLAY ANY EXTERNAL ADVERTISING, TELEPHONE NUMBERS, OR OTHER SIGNS OR MARKINGS NOT REQUIRED BY LAW; EXCEPT THAT THERE MAY BE DISPLAYED, IN NOT MORE THAN TWO LOCATIONS ON THE VEHICLE, THE OWNER'S NAME, LOGO, OR TELEPHONE NUMBER OR ANY COMBINATION THEREOF IN AN AREA NOT TO EXCEED FOURTEEN INCHES WIDE BY SIX INCHES HIGH. IN ADDITION, SUCH VEHICLES SHALL BE EQUIPPED WITH ALL OF THE FOLLOWING FEATURES, AT A MINIMUM:
(a) AT LEAST ONE TELEVISION SET, IN WORKING ORDER, WITH A SCREEN MEASURING AT LEAST THREE INCHES WHEN MEASURED DIAGONALLY, POSITIONED INSIDE A CONSOLE, AND ACCESSIBLE TO PASSENGERS.
(b) AT LEAST ONE TELEPHONE, IN WORKING ORDER AND CAPABLE OF MAKING AND RECEIVING CALLS, LOCATED IN A MOUNT OR HOLDER SECURELY ATTACHED TO THE VEHICLE, AND ACCESSIBLE TO PASSENGERS. AN INTERCOM SYSTEM DOES NOT QUALIFY AS A TELEPHONE.
(c) BEVERAGE SERVICE, INCLUDING BEVERAGES, GLASSES, AND ICE, POSITIONED INSIDE A CONSOLE OR CABINET SECURELY ATTACHED TO THE VEHICLE, AND ACCESSIBLE TO PASSENGERS.
(2) (a) LUXURY LIMOUSINE SERVICE SHALL BE PROVIDED ON A PREARRANGED BASIS ONLY. A LUXURY LIMOUSINE COMPANY SHALL, AT ALL TIMES WHEN PROVIDING SERVICE, CARRY IN EACH VEHICLE A MANIFEST OR CHARTER ORDER CONTAINING THE NAME AND PICKUP ADDRESS OF THE PASSENGERS WHO HAVE ARRANGED FOR USE OF THE VEHICLE. SUCH MANIFEST OR CHARTER ORDER SHALL BE MADE AVAILABLE IMMEDIATELY UPON REQUEST TO ANY AUTHORIZED REPRESENTATIVE OF THE COMMISSION, A LAW ENFORCEMENT AGENCY, OR AN AIRPORT AUTHORITY.
(b) LUXURY LIMOUSINE COMPANIES SHALL KEEP ACCURATE RECORDS OF ALL TRIPS, INDICATING IN DETAIL THE TIME AND MANNER BY WHICH EACH TRIP WAS PREARRANGED. THE COMMISSION MAY PRESCRIBE BY RULE THE FORM AND CONTENT OF SUCH RECORDS AND OF CHARTER ORDERS, MANIFESTS, AND OTHER DOCUMENTS THE COMMISSION MAY DEEM NECESSARY FOR THE EFFECTIVE ADMINISTRATION OF THIS SECTION. ALL SUCH RECORDS AND DOCUMENTS SHALL BE PROVIDED TO AUTHORIZED AGENTS OF THE COMMISSION UPON REQUEST.
(3) THE COMMISSION SHALL ISSUE A LUXURY LIMOUSINE COMPANY REGISTRATION TO AN APPLICANT UPON SUBMISSION OF A FILING FEE OF FIVE HUNDRED DOLLARS, PROOF OF INSURANCE AND OF COMPLIANCE WITH THE OTHER REQUIREMENTS OF SECTION 4016103, AND INSPECTION OF THE APPLICANT'S FLEET TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. A PERSON HOLDING A VALID LUXURY LIMOUSINE COMPANY REGISTRATION ON JULY 1, 1997, NEED NOT REAPPLY.
(4) (a) AFTER NOTICE AND HEARING AS REQUIRED BY LAW, THE COMMISSION MAY PURSUE CIVIL PENALTIES AGAINST, OR MAY REVOKE THE LUXURY LIMOUSINE COMPANY REGISTRATION OF, ANY COMPANY THAT FAILS TO OPERATE IN ACCORDANCE WITH THIS ARTICLE.
(b) PERSONS WHOSE LUXURY LIMOUSINE REGISTRATION HAS BEEN REVOKED FOR CAUSE MORE THAN TWICE AND, IN ADDITION, HAVE DEMONSTRATED A HABITUAL DISREGARD OF THE REQUIREMENTS OF THIS ARTICLE, SHALL NOT BE ELIGIBLE FOR REREGISTRATION FOR AT LEAST TWO YEARS AFTER REVOCATION PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (4). SUCH PERIOD OF INELIGIBILITY SHALL ALSO APPLY TO PRINCIPALS, OFFICERS, AND DIRECTORS OF ANY ENTITY THAT IS INELIGIBLE, WHETHER SUCH PRINCIPALS, OFFICERS, OR DIRECTORS APPLY FOR REGISTRATION INDIVIDUALLY OR AS PRINCIPALS, OFFICERS, OR DIRECTORS OF THE SAME OR A DIFFERENT ENTITY.
(c) REVOCATIONS FOR CAUSE SHALL NOT INCLUDE INSURANCE REVOCATIONS UNLESS IT IS SHOWN THAT A COMPANY KNOWINGLY OPERATED WITHOUT INSURANCE.
SECTION 3. 4016104 (1) (b), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended to read:
4016104. Insurance requirements. (1) Each motor vehicle carrier exempt from regulation as a public utility shall maintain a general liability insurance policy, or, if such carrier is a public entity, a certificate of selfinsurance in lieu thereof, issued pursuant to section 427501, C.R.S., at the option of the public entity. Such an insurance policy shall be issued by some insurance carrier or insurer authorized to do business in Colorado for each motor vehicle of such carrier, and such certificate of selfinsurance shall be issued by the executive director of the department of revenue. For those motor vehicle carriers exempt from regulation as public utilities specified in paragraphs (a) to (f) of this subsection (1), such liability insurance shall be in the following minimum amounts:
(b) For luxury limousines,
LIMOUSINE COMPANIES, a minimum amount of one million dollars combined
single limit liability;
SECTION 4. 4016107 (2), Colorado Revised Statutes, 1993 Repl. Vol., is amended to read:
4016107. Violations penalties. (2) Each day in which a motor vehicle carrier exempt from regulation as a public utility operates a motor vehicle for its business in violation of any provision of this article shall constitute a separate offense. MULTIPLE VIOLATIONS OF THE SAME PROVISION ON THE SAME DAY BY A LUXURY LIMOUSINE COMPANY SHALL BE CONSIDERED SEPARATE OFFENSES.
SECTION 5. 407113 (1) (f), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended to read:
407113. Civil penalties fines. (1) In addition to any other penalty otherwise authorized by law and except as otherwise provided in subsections (3) and (4) of this section, any person who violates any provision of article 10, 11, 13, or 16 of this title or any rule or regulation promulgated by the commission pursuant to such articles, which provision or rule or regulation is applicable to such person, may be subject to fines as specified in the following paragraphs:
(f) Any person who operates a charter
or scenic bus as defined in section 4016101 (1), a
property carrier by motor vehicle as defined in section 4016101
(6.5), a luxury limousine as defined
in section 4016101 (3),
or an offroad scenic charter as defined in section 4016101
(5), OR WHO OFFERS OR PURPORTS TO OFFER LUXURY LIMOUSINE SERVICE
AS DEFINED IN SECTION 4016101 (3.3), without having
first registered with the commission as required by section 4016103
may be assessed a civil penalty of not more than four hundred
dollars.
SECTION 6. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the motor carrier cash fund not otherwise appropriated, to the department of regulatory agencies, for the allocation to the public utilities commission, for the fiscal year beginning July 1, 1997, the sum of forty-five thousand five hundred twenty-five dollars ($45,525) and 0.7 FTE, or so much thereof as may be necessary, for the implementation of this act.
SECTION 7. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) The provisions of this act shall apply to acts committed on or after the applicable effective date of this act.