TITLE: CONCERNING STRENGTHENING THE OPERATIONAL LIMITATIONS APPLIED TO PERSONS OFFERING LUXURY LIMOUSINE TRANSPORTATION SERVICES FOR HIRE.

The provisions of this bill would replace the current definition of a “luxury limousine” with a definition of “luxury limousine service”. The bill would establish the specific requirements for the provision of “luxury limousine service”, including vehicle and equipment requirements, and the requirement that “luxury limousine service” transportation be arranged in advance. The bill would direct the Public Utilities Commission (PUC) to assess civil penalties against, or revoke the registration of, luxury limousine companies that fail to comply with the provisions of the bill. The bill also would authorize formal complaints by any person and provides for monetary and injunctive relief for persons injured by violations of applicable law and rules. The bill would become effective July 1, 1998.

STATE FISCAL IMPACT SUMMARY	FY 1998/99	FY 1999/2000
State Revenues General Fund Other Fund	$1,200	$1,200
State Expenditures General Fund Other Fund
FTE Position Change	None	None
Local Government Impact — None Identified.

The provisions of the bill could result in additional revenues to the state arising from the provision of civil penalties contained in the bill. The PUC has indicated that it would anticipate a total of six complaints a year, with one complaint requiring a hearing. Assuming that the PUC would establish a civil penalty of $200, it is estimated that $1,200 in additional revenues would be generated each year beginning in FY 1998/99.

Section 20 of Article X of the Colorado Constitution, limits the maximum annual percentage increase in state fiscal year spending. Once total state revenue from all sources that are not specifically excluded from fiscal year spending exceeds these limits for the fiscal year, the state constitution requires that the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset. Based on the current Legislative Council economic forecast, it is projected that the state will be in a TABOR refund position during each of the next five fiscal years. Any increase or decrease in state revenue from changes in fees, fines, licenses, or other revenue sources will affect the amount of the state revenue to be refunded.

The PUC has indicated that the provisions of the bill would result in it taking enforcement actions in approximately 6 cases each year, with one action requiring a hearing before the commission. This additional workload would have a minimal impact on the current workload of the PUC, and any expenditures necessary to implement the provisions of this bill could be made within their existing appropriation. The provisions of the bill would not affect any other agency of the state or unit of local government.

This fiscal note implies that the Department of Regulatory Agencies, Public Utilities Commission, would not require any additional appropriation to implement the provisions of this bill.