Click here for Fiscal Note

This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0304.01 DHG HOUSE BILL 98­1060

STATE OF COLORADO

BY REPRESENTATIVE Schauer;

also SENATOR Wattenberg.

REENGROSSED

BUSINESS AFFAIRS & LABOR

A BILL FOR AN ACT

CONCERNING THE REGULATION OF PUBLIC UTILITIES BY THE PUBLIC UTILITIES COMMISSION.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Sunset Process ­ House Business Affairs and Labor Committee. Authorizes the public utilities commission (PUC) to adopt rules specifying the physical and operational characteristics used to distinguish luxury limousine service from taxicab service. Gives the PUC specific jurisdiction over carriers otherwise considered exempt from regulation for the purpose of making this distinction.

Classifies towing carriers into 4 separate categories, adopting differing regulatory modes for each category, depending on factors such as whether the tow is consensual and whether the vehicle being towed belongs to the carrier. Increases permit fees to pay for inspection and enforcement.

Increases the maximum contribution of class I railroads toward the cost of improving grade separations for safety purposes to $2.5 million annually, up from the current level of $1.25 million.

Exempts the office of consumer counsel and public utilities from the requirement that a complaint regarding the reasonableness of utility rates or practices be signed by 25 customers or prospective customers.

Allows hearings to be electronically recorded, following standard practice under the "State Administrative Procedure Act".

Authorizes the director of the PUC or the director's designee to conduct town meetings or other informal public hearings to solicit and receive comment from customers or prospective customers of utilities and to introduce such comment into the commission's records in connection with any proceeding if, in the director's estimation, such comment would be relevant and helpful to the commission.

Authorizes the PUC to assess fines of up to $2,000 per violation per day, plus costs and attorney fees, against telecommunication providers that violate applicable statutory or regulatory requirements.

Allows the PUC to suspend or revoke the operating authority of a motor carrier that fails or refuses to pay a civil penalty assessed for violation of an applicable statute or rule.

Removes statutory provisions setting the amounts of certain filing and application fees from the motor carrier statutes and, instead, authorizes the PUC to set such fees at a level sufficient to recover the PUC's costs.

Makes a number of housekeeping changes to the PUC's enabling legislation, such as removing obsolete provisions and updating references to federal statutes that have been amended.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  40­1­102 (3) (a) (I) and (5), Colorado Revised Statutes, are amended to read:

40­1­102.  Definitions. As used in articles 1 to 7 of this title, unless the context otherwise requires:

(3) (a)  "Common carrier" means:

(I)  Every person directly or indirectly affording a means of transportation, or any service or facility in connection therewith, within this state by motor vehicle, aircraft, or other vehicle whatever by indiscriminately accepting and carrying for compensation passengers between fixed points or over established routes or otherwise and includes lessees, trustees, or receivers thereof, whether appointed by a court or otherwise; and

(5)  "Person" means any individual, firm, partnership, corporation, LIMITED LIABILITY COMPANY, company, association, joint stock association, and other legal entity.

SECTION 2.  40­1.1­102 (5), Colorado Revised Statutes, is amended to read:

40­1.1­102.  Definitions. As used in this article, unless the context otherwise requires:

(5)  "People service transportation" means motor vehicle transportation provided on a nonprofit basis by a people service organization generally for the purpose of transporting clients or program beneficiaries in connection with people service programs sponsored by the organization, or by another people service organization. The motor vehicle may be owned, leased, borrowed, or contracted for use by the people service organization.

SECTION 3.  40­2­103, Colorado Revised Statutes, is amended to read:

40-2-103. Director ­ duties ­ assisting commission ­ informal public hearings. (1)  The executive director of the department of regulatory agencies, pursuant to section 13 of article XII of the state constitution, and with the approval of the commission, shall appoint a director of the commission. The director of the agency shall manage the operations of the agency in order to carry out the public utilities law, to carry out and implement policies, procedures, and decisions made by the commission, as defined in section 40­2­101 (1), and to meet the requirements of the commission concerning any matters within the authority of an agency transferred by a type 1 transfer, as defined in section 24­1­105, C.R.S., and which are under the jurisdiction of the commission. The director shall have all the powers and responsibilities of the division director for this purpose, including the power to issue all necessary process, writs, warrants, and notices. The director shall have the requisite power to serve warrants and other process in any county or city and county of this state and to delegate such actions to duly authorized employees or agents of the agency as appropriate.

(2)  IN ADDITION TO CONDUCTING FORMAL PUBLIC HEARINGS AS PROVIDED IN THIS TITLE, THE COMMISSION MAY CONDUCT OR MAY AUTHORIZE THE DIRECTOR OR THE DIRECTOR'S DESIGNEE TO CONDUCT TOWN MEETINGS OR OTHER INFORMAL PUBLIC HEARINGS TO SOLICIT AND RECEIVE COMMENT FROM CUSTOMERS OR PROSPECTIVE CUSTOMERS OF UTILITIES. SUCH COMMENT MAY BE INTRODUCED INTO THE COMMISSION'S RECORDS IN CONNECTION WITH ANY PROCEEDING. SUCH COMMENT MAY BE INTRODUCED IN THE FORM OF AUDIO RECORDINGS OR TRANSCRIPTS OF THE PUBLIC TESTIMONY RECEIVED OR IN THE FORM OF THE DIRECTOR'S OR DESIGNEE'S OWN RECOLLECTIONS OR SUMMARIES OF THE PUBLIC TESTIMONY ADDUCED AT SUCH HEARINGS.

SECTION 4.  40­2­109, Colorado Revised Statutes, is amended to read:

40­2­109.  Report to executive director of the department of revenue. On March 1 of each year, the public utilities commission shall furnish the executive director of the department of revenue with a list of those public utilities subject to its jurisdiction, supervision, and regulation on January 1 JANUARY 2 of each year, excepting those motor vehicle carriers subject to the passenger­mile tax ANNUAL FEES imposed by the provisions of section 42­3­134, C.R.S., (but only so long as the cost of regulation of such motor vehicle carriers shall be defrayed from the proceeds of such passenger­mile tax) SECTION 40­2­110.5.

SECTION 5.  40­2­110.5 (1), (2) (a), (2.5), and (4), Colorado Revised Statutes, are amended to read:

40­2­110.5.  Annual fees ­ motor carriers. (1)  Every motor vehicle carrier which THAT has been issued a certificate pursuant to section 40­10­104, every contract carrier by motor vehicle which THAT has been issued a permit pursuant to section 40­11­103, and motor vehicle carriers exempt from regulation as public utilities PURSUANT TO ARTICLE 16 OF THIS TITLE shall pay an annual identification fee of five dollars to the commission for each motor vehicle said carrier owns, controls, operates, or manages. Said fees shall be valid for the period of January 1 through December 31 of the following year and shall be valid only for those specific vehicles for which the fee has been paid.

(2) (a)  Every motor vehicle carrier which THAT has been registered with the commission pursuant to section 40­10­120 and every contract carrier by motor vehicle which has been registered with the commission pursuant to section 40­11­115 and carriers of household goods SECTION 40­16.2­102 shall pay an annual identification fee of five dollars to the commission for each motor vehicle which THAT said carrier owns, controls, operates, or manages which THAT is operated within the state of Colorado. Said fees shall be valid for the period of February 1 through January 31 of the following year. Moneys derived from fees collected from carriers of household goods pursuant to this subsection (2) shall be exempt from any limitations imposed by section 43­4­201 (3) (a) (II), C.R.S. JANUARY 1 THROUGH DECEMBER 31.

(2.5) Every towing carrier which has been issued a permit pursuant to section 40-13-103 shall pay an annual identification fee of five dollars to the commission for each towing vehicle said carrier owns, controls, operates, or manages. Said fees shall be valid for the period of February 1 through January 31 JANUARY 1 AND DECEMBER 31 of the following year and shall be valid only for those specific vehicles for which the fee has been paid.

(4)  No such carriers shall use any motor vehicle for the transportation of persons or property for compensation on any public highway in this state unless the annual fees required by subsections (1) and (2) of this section have been paid. In lieu of the penalty provisions specified in section 40­7­105, every motor vehicle carrier who violates the provisions of this section is subject to the penalties set forth in section SECTIONS 40­10­113 AND 40­7­113 TO 40­7­116, and every contract carrier by motor vehicle who violates the provisions of this section is subject to the penalties set forth in section SECTIONS 40­11­111 AND 40­7­113 TO 40­7­116.

SECTION 6.  40­2­115 (1) and (1.5), Colorado Revised Statutes, are amended to read:

40­2­115.  Cooperation with other states and with the United States. (1)  The commission is authorized to confer with or hold joint hearings with the authorities of any state or any agency of the United States in connection with any matter arising in proceedings under this title, under the laws of any state, or under the laws of the United States; to avail itself of the cooperation, services, records, and facilities of authorities of this state, any other state, or any agency of the United States as may be practicable in the enforcement or administration of the provisions of this title; and to enter into cooperative agreements with the various states and with any agency of the United States to enforce the economic and safety laws and regulations of this state and of the United States. The commission is authorized to provide for the exchange of information concerning the enforcement of the economic and safety laws and regulations of this state, of any other state, and of the United States relating to public utilities or to safety of transportation of gas by any person including a municipality; and, in particular, the commission may enforce the regulations of the United States department of transportation concerning pipeline safety drug testing promulgated under the federal "Natural Gas "Pipeline Safety Act", of 1968", 49 U.S.C. Appx. 1671­1687 SEC. 60105, and may adopt such regulations as are necessary and proper to comply with federal requirements under said act.

(1.5)  The commission is authorized to adopt such rules as may be necessary to enforce and administer, in cooperation with the United States department of transportation, the provisions of the "Natural Gas "Pipeline Safety Act", of 1968", 49 U.S.C. Appx. 1671­1687 SEC. 60105, for the purpose of gas pipeline safety. Such rules shall apply to all public utilities and all municipal or quasi­municipal corporations transporting natural gas or providing natural gas service, all operators of master meter systems, as defined in 49 C.F.R. 191.3, and all operators of pipelines providing natural gas directly to the ultimate consumer for the purpose of manufacturing goods or generating power.

SECTION 7.  40­2­116 (1), Colorado Revised Statutes, is amended to read:

40­2­116.  Motor carriers ­ motor vehicle carriers exempt from regulation as public utilities ­ safety regulations. (1)  The commission has the duty to establish, for motor carriers subject to article ARTICLES 10, or 11, AND 16.2 of this title, reasonable requirements to promote safety of operation and, to that end, to prescribe qualifications and maximum hours of service of employees and minimum standards of equipment and for the operation thereof. With the exception of property carriers operating vehicles with a manufacturer's gross vehicle weight rating or gross combination rating of twenty­six thousand one pounds or more, the commission also has the duty to establish such requirements for motor vehicle carriers exempt from regulation as public utilities as defined in section 40­16­101.

SECTION 8.  Repeal.  40­2­119, Colorado Revised Statutes, is repealed as follows:

40­2­119.  Exemption of rail carrier transportation. (1)  The commission shall by rule or regulation establish standards and procedures to be used in determining whether certain transportation provided by a rail carrier in this state should be exempted, in whole or in part, from one or more provisions of this title. Such rules and regulations shall provide for such exemption when the commission finds that:

(a)  Jurisdiction, regulation, and control by the commission are not necessary to carry out the transportation policy of this title; and

(b)  Either the transaction or service is of limited scope or the application of a provision of this title is not needed to protect shippers from the abuse of market power.

SECTION 9.  Repeal.  40­2­120, Colorado Revised Statutes, is repealed as follows:

40­2­120.  Rail transportation policy. In regulating rail carriers, the state of Colorado hereby adopts the rail transportation policy of 49 U.S.C. 10101a; except that the references therein to the United States government and its agencies shall refer to the state of Colorado and its agencies.

SECTION 10.  40­3­103, Colorado Revised Statutes, is amended to read:

40­3­103.  Utilities to file tariffs and time schedules. Under such rules and regulations as the commission may prescribe, every public utility shall file with the commission, within such time and in such form as the commission may designate, and shall print and keep open to public inspection, TARIFFS AND TIME schedules showing all rates, tolls, rentals, charges, and classifications collected or enforced, or to be collected and enforced, together with all rules, regulations, contracts, privileges, and facilities which THAT in any manner affect or relate to rates, tolls, rentals, classifications, or service; except that the commission may not prescribe by rule or regulation the lease rate that is charged to a driver of a motor vehicle by a common or contract carrier. Changes in such lease rates shall not be subject to the notice provision of section 40­3­102.

SECTION 11.  40­3­104 (1) (a) and (1) (b), the introductory portion to 40­3­104 (1) (c) (I), and 40­3­104 (4) and (5), Colorado Revised Statutes, are amended, and the said 40­3­104 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

40­3­104.  Changes in rates ­ notice. (1) (a)  In the case of a public utility other than a rail carrier, Subject to the provisions of paragraph (c) of this subsection (1), no change shall be made by any public utility in any rate, fare, toll, rental, charge, or classification or in any rule, regulation, or contract relating to or affecting any rate, fare, toll, rental, charge, classification, or service or in any privilege or facility, except after thirty days' notice to the commission and the public. Notwithstanding the provisions of this paragraph (a), changes in intrastate telecommunications services which have been determined by the commission to be competitive in nature, pursuant to the provisions of article 15 of this title, shall not be subject to any notice requirement, including, but not limited to, any requirement in this section whether or not denoted as a notice requirement.

(b)  In the case of a rail carrier, a proposed rate change resulting in an increased rate or a new rate shall not become effective for twenty days after the notice to the commission and the public, and a proposed tariff change resulting in a reduced rate or a change resulting in no change in rates shall not become effective for ten days after such notice; except that a contract authorized under section 40­3­106 (1) (b) shall become effective in accordance with the provisions of such section.

(c) (I)  Such notice shall be given by filing with the commission and keeping open for public inspection new TARIFFS AND TIME schedules stating plainly the changes to be made in the TARIFFS AND TIME schedules then in force and the time when the changes will go into effect. Transportation and water utilities may be required to give additional notice in a manner and form set forth by commission order or commission rules. For public utilities other than transportation and water utilities, additional notice shall be required prior to an increase or other change in any rate, fare, toll, rental, charge, classification, or service and may be made, at the option of the public utility, by any of the following methods:

(d)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (1), CHANGES IN INTRASTATE TELECOMMUNICATIONS SERVICES THAT HAVE BEEN DETERMINED BY THE COMMISSION TO BE COMPETITIVE IN NATURE, PURSUANT TO THE PROVISIONS OF ARTICLE 15 OF THIS TITLE, SHALL NOT BE SUBJECT TO ANY NOTICE REQUIREMENT, INCLUDING, BUT NOT LIMITED TO, ANY REQUIREMENT IN THIS SECTION WHETHER OR NOT DENOTED AS A NOTICE REQUIREMENT.

(4)  Rail carriers may change rates, classifications, rules, and practices by filing amendments or supplements without filing complete tariffs that cover matters that are not being changed. However, all rate changes of rail carriers and rail rate­making associations shall be incorporated into their individual tariffs by the end of the second year after the change becomes effective. A rate not incorporated in an individual tariff as so required is void.

(5)  Rail carrier rates may be established not to exceed reasonable minimums and maximums in conformance with 49 U.S.C. 10701a.

SECTION 12.  40­3­104.3, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

40­3­104.3.  Manner of regulation ­ competitive responses. (6)  ALL PROCEEDINGS UNDER THIS SECTION, INCLUDING, WITHOUT LIMITATION, ALL APPLICATIONS AND ALL INFORMATION CONTAINED THEREIN, SHALL BE OPEN AND PUBLIC UNLESS, AND ONLY TO THE EXTENT THAT, THIS SECTION SPECIFICALLY PROVIDES OTHERWISE.

SECTION 13.  Repeal.  40­3­104.5, Colorado Revised Statutes, is repealed as follows:

40­3­104.5.  Special provisions for rail carrier rate increases. (1)  Notwithstanding sections 40­3­104 and 40­6­111 and any other provision of this title to the contrary, with respect to rail carriers, the commission shall not exercise any jurisdiction over general rate increases under 49 U.S.C. 10706, inflation­based rate increases under 49 U.S.C. 10712, or fuel adjustment surcharges approved by the interstate commerce commission.

(2) (a)  Notwithstanding section 40­6­111 or any other provision of this title to the contrary, with respect to rail carriers, the commission shall adopt rules or regulations in conformance with 49 U.S.C. 10707a allowing:

(I)  Rate increases which, when added to the existing rate, produce a rate not in excess of the adjusted base rate for the movement in question, which increases shall not be found to exceed a reasonable maximum for the involved transportation;

(II)  Consistent with 49 U.S.C. 10707a (c) and (d), rate increases not to exceed a specified percentage of the adjusted base rate without suspension thereof, and without investigation except upon complaint by an interested party alleging that such rate increase violates the provisions of this title and showing that the rate as increased produces a revenue­variable cost percentage limit specified in 49 U.S.C. 10707a (e) (2). In determining whether to investigate a rate increase under this section, the commission shall consider the factors set forth in 49 U.S.C. 10707a (e) (2) (B).

(b)  For the purposes of this subsection (2), "adjusted base rate" shall have the same meaning, with respect to rail carriers in this state, as in 49 U.S.C. 10707a (a).

(3)  Notwithstanding section 40­6­111 or any other provision of this title to the contrary, with respect to rail carriers, the commission shall adopt rules or regulations in conformance with 49 U.S.C. 10709 allowing rate increases without suspension thereof if the rail carrier proposing the rate increase is found by the commission not to have market dominance of the transportation. The commission shall determine whether or not the rail carrier has market dominance in accordance with the manner established in 49 U.S.C. 10709, and the definition of market dominance set forth in 49 U.S.C. 10709 (a) is hereby adopted. In making such determination, the commission shall find that the rail carrier does not have market dominance over the transportation to which the rate applies if the rail carrier proves that the rate charged results in a revenue­variable cost percentage for such transportation that is less than the percentages specified in 49 U.S.C. 10709 (d) (2). For the purposes of this subsection (3), "revenue­variable cost percentage" shall have the same meaning, with respect to rail carriers in this state, as in 49 U.S.C. 10709 (d) (1).

(4)  The commission shall maintain and revise as necessary standards and procedures for establishing revenue levels for rail carriers providing transportation subject to its jurisdiction that are adequate, under honest, economical, and efficient management, to cover total operating expenses, including depreciation and obsolescence, plus a reasonable and economic profit or return, or both, on capital employed in the business. The commission shall make an adequate and continuing effort to assist those carriers in attaining revenue levels prescribed under this subsection (4). Revenue levels established under this subsection (4) should provide a flow of net income plus depreciation adequate to support prudent capital outlays, assure the repayment of a reasonable level of debt, permit the raising of needed equity capital, and cover the effects of inflation and should attract and retain capital in amounts adequate to provide a sound transportation system in the United States.

(5) (a)  In every proceeding begun to investigate a proposed new rate or rate change, the commission shall specifically consider whether a proposed increase or decrease would:

(I)  Change the rate relationships between commodities, places, regions, areas, or other particular descriptions of traffic; and

(II)  Have a significant adverse effect on the competitive position of shippers or consignees served by the rail carrier proposing the increase or decrease.

(b)  Subject to subsection (2) of this section, the commission may on its own motion or on complaint of an interested party investigate to determine whether the change or effect violates this title either before or after the proposed increase or decrease becomes effective.

SECTION 14.  40­3­105 (2), Colorado Revised Statutes, is amended to read:

40­3­105.  Free and reduced service or transportation prohibited ­ exceptions. (2)  Except as otherwise provided in this section, no public utility shall charge, demand, collect, or receive a greater or lesser or different compensation for any product or commodity furnished or to be furnished, or for any service rendered or to be rendered, than the rates, tolls, rentals, and charges applicable to such product or commodity or service as specified in its schedules on file and in effect at the time, nor shall any such public utility refund or remit, directly or indirectly, in any manner or by any device, any portion of the rates, tolls, rentals, and charges so specified, nor extend to any corporation or person any form of contract or agreement or rule or regulation or any facility or privilege except those which are regularly and uniformly extended to all corporations and persons; and except in the case of a rail carrier, a contract authorized under section 40­3­106 (1) (b), which shall become effective in accordance with the provisions of such section; but the commission may by rule or order establish such exceptions from the operation of this prohibition as it may consider just and reasonable as to each public utility.

SECTION 15.  40­3­106 (1) (a) and (1) (b), Colorado Revised Statutes, are amended to read:

40­3­106.  Advantages prohibited ­ graduated schedules. (1) (a)  Except when operating under paragraph (b) or (c) of this subsection (1) or pursuant to article 3.4 of this title, no public utility, as to rates, charges, service, or facilities, or in any other respect, shall make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvantage. No public utility shall establish or maintain any unreasonable difference as to rates, charges, service, facilities, or in any respect, either between localities or as between any class of service. The commission has the power to determine any question of fact arising under this section.

(b) (I)  One or more rail carriers may enter into a contract with one or more purchasers of rail services to provide specified services under specified rates and conditions. Such a rail carrier may not enter into a contract with purchasers of rail services except as provided in 49 U.S.C. 10713 and any rules and regulations adopted by the commission pursuant to this paragraph (b).

(II)  Each contract entered into under this section shall be filed with the commission, together with a summary of the contract containing such nonconfidential information as the commission prescribes. In addition to any other rules or regulations adopted by the commission to implement this paragraph (b), which shall be in conformance with 49 U.S.C. 10713, the commission shall publish special tariff rules for such contracts in order to assure that the essential terms of the contract are available to the general public in tariff format.

(III)  A contract filed under this section shall be approved by the commission in the manner provided in 49 U.S.C. 10713 and the commission's rules and regulations pursuant thereto. Once approved, a contract governs the transportation to which it applies, and the provisions of this title which may be in conflict with the contract shall not apply thereto for the term of the contract.

SECTION 16.  Repeal.  40­3­113, Colorado Revised Statutes, is repealed as follows:

40­3­113.  Rail rates for transportation of recyclable or recycled materials. (1)  As used in this section:

(a)  "Recyclable material" means material collected or recovered from waste for a commercial or industrial use whenever the collection or recovery follows end usage as a product.

(b)  "Virgin material" means raw material, including previously unused metal or metal ore, wood pulp or pulpwood, textile fiber or material, or other resource that, through the application of technology, is or will become a source of raw material for commercial or industrial use.

(2)  The commission shall adopt regulations that will eliminate discrimination against the rail transportation of recyclable materials in rate structures and in other commission practices where such discrimination exists.

(3)  When appropriate, the commission shall:

(a)  Investigate the rate structure for the transportation of recyclable or recycled materials and competing virgin material by rail carriers and the manner in which that rate structure has been affected by successive general rate increases for those carriers;

(b)  Determine whether those rate increases affect any part of the rate structure in violation of this title and, if so, order any rate found to be in violation removed from the rate structure.

(4)  A determination under paragraph (b) of subsection (3) of this section may be made only after a public hearing. During the hearing, the rail carriers have the burden of proving that rate increases that affect the rate structure applicable to the transportation of those competing materials comply with this title.

(5)  Notwithstanding any other provision of this title, all rail carriers shall take all actions necessary to maintain rates for the transportation of recyclable or recycled materials, other than recyclable or recycled iron or steel, at revenue­to­variable cost ratio levels that are equal to or less than the average revenue­to­variable cost ratio that rail carriers would be required to realize, under honest, economical, and efficient management, in order to cover total operating expenses, including depreciation and obsolescence, plus a reasonable and economic profit or return, or both, on capital employed in the business sufficient to attract and retain capital in amounts adequate to provide a sound transportation system in the United States. As long as any such rate equals or exceeds such average revenue­to­variable cost ratio, such rate shall not be required to bear any further rate increase. The commission shall have jurisdiction to issue all regulations and orders necessary to enforce the requirements of this subsection (5).

SECTION 17.  Article 3 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

40­3­115.  Nonregulated activities ­ disclosure to consumers ­ rules. THE COMMISSION SHALL REQUIRE THAT A REGULATED GAS OR ELECTRIC UTILITY, WHEN MARKETING GOODS OR SERVICES THAT ARE NOT SUBJECT TO REGULATION BY THE COMMISSION, CONSPICUOUSLY DISCLOSE TO CONSUMERS THE FACT THAT SUCH GOODS OR SERVICES ARE NOT SO REGULATED. THIS REQUIREMENT SHALL APPLY WHENEVER THE UTILITY'S NAME OR LOGO IS USED IN CONNECTION WITH THE MARKETING OF SUCH GOODS OR SERVICES, REGARDLESS OF WHETHER THE UTILITY MARKETS SUCH GOODS OR SERVICES DIRECTLY OR THROUGH A DIVISION, SUBSIDIARY, OR AFFILIATE, AND THE DISCLOSURE SHALL BE INCLUDED IN ALL ADVERTISING AND MARKETING MATERIALS, PROPOSALS, CONTRACTS, AND BILLS RELATING TO UNREGULATED GOODS AND SERVICES THAT ARE MARKETED USING THE UTILITY'S NAME OR LOGO. THE COMMISSION MAY ADOPT RULES TO IMPLEMENT THIS SECTION.

SECTION 18.  40­4­106 (3) (b) (I) (A), (3) (b) (II), and (3) (b) (IV), Colorado Revised Statutes, are amended to read:

40­4­106.  Rules for public safety ­ crossings ­ allocation of expenses. (3) (b) (I) (A)  The commission is authorized to approve individual projects wherein the allocation of the total expenses of the separation of grades to be paid by the railroad corporation or railroad corporations may exceed one million two hundred fifty thousand THREE MILLION ONE HUNDRED TWENTY-FIVE THOUSAND dollars. The commission may approve more than one project, the sum totals of which may exceed the one­million­two­hundred­fifty­thousand­dollar THREE­MILLION­ONE-HUNDRED­TWENTY-FIVE-THOUSAND­DOLLAR cap set forth in this subparagraph (I), but in no event shall an individual class I railroad corporation pay more than one million two hundred fifty thousand THREE MILLION ONE HUNDRED TWENTY-FIVE THOUSAND dollars of the cost of a single project or the cost of more than one project in any calendar year. Nothing in this subparagraph (I) shall preclude any railroad corporation from voluntarily contributing more than its allotted share for grade separation construction in one year and, in such event, all amounts contributed by such railroad exceeding its allotted share in any one year shall be credited to and shall serve to reduce any payment for grade separation construction expenses by that railroad in subsequent years.

(II)  If the cost of a project is such that it calls for payment by a railroad corporation in more than one calendar year or if the amount due from the railroad corporation exceeds one million two hundred fifty thousand THREE MILLION ONE HUNDRED TWENTY-FIVE THOUSAND dollars and thus must be made in consecutive calendar years, nothing in this section shall be construed to require that the approved project must be subjected to reapplication or rereview by the commission.

(IV)  This paragraph (b) shall not apply to any project for the elimination of hazards at any railway­highway crossing when all or any part of the cost of such project will be paid from moneys made available for expenditure under Title 23, U.S.C.; except that any amount paid by a railroad corporation for such an exempt project shall be credited against the one­million­two­hundred­fifty­thousand­dollar THREE­MILLION­ONE­HUNDRED­TWENTY-FIVE-THOUSAND­DOLLAR cap set forth in subparagraph (I) of this paragraph (b).

SECTION 19.  Repeal.  40­4­107, Colorado Revised Statutes, is repealed as follows:

40­4­107.  Time limit regulations. (1)  The commission has the power to prescribe the period of time within which express packages shall be received, gathered, transported, and delivered at destination and the area within which express packages shall be gathered and distributed and telegraph messages delivered without extra charge.

(2)  The commission has the power to prescribe by proper rules and regulations the time which consignors or persons ordering cars shall load the cars and the time within which consignees or persons to whom freight may be consigned shall unload and discharge the same, and receive the freight from the freight depots and to enforce the penalties for any failure on the part of the consignors and consignees to conform to such rules as provided in articles 1 to 7 of this title.

SECTION 20.  40­4­111, Colorado Revised Statutes, is amended to read:

40­4­111.  Uniform system of accounts prescribed. The commission has power to establish a system of accounts to be kept by all public utilities, or to classify said public utilities and to establish a system of accounts for each class, and to prescribe the manner in which such accounts shall be kept. It may also in its discretion prescribe the forms of accounts, records, and memoranda to be kept by such public utilities, including the accounts, records, and memoranda of the movement of traffic as well as the receipts and expenditures of moneys and any other forms, records, and memoranda which in the judgment of the commission may be necessary to carry out the provisions of articles 1 to 7 of this title. The system of accounts established by the commission and the forms of accounts, records, and memoranda prescribed by it shall not be inconsistent in the case of corporations subject to the provisions of the interstate commerce act, Part I, 49 U. S. Code, '1, et seq., with the systems and forms from time to time established for such corporations by the interstate commerce commission; but nothing contained in this section shall affect the power of the commission to prescribe forms of accounts, records, and memoranda covering information in addition to that required by the interstate commerce commission. The commission, after hearing upon its own motion or upon complaint, may prescribe by order the accounts in which particular outlays and receipts shall be entered, charged, or credited. Where the commission has prescribed the forms of accounts, records, or memoranda to be kept by any public utility for any of its business, it shall thereafter be unlawful for such public utility to keep any accounts, records, or memoranda for such business other than those so prescribed, or those prescribed by or under the authority of any other state or of the United States, excepting such accounts, records, or memoranda as are explanatory of and supplemental to the accounts, records, or memoranda prescribed by the commission.

SECTION 21.  40­5­106, Colorado Revised Statutes, is amended to read:

40­5­106.  Designation for service of process. (1)  It is the duty of every public utility operating in, through, or into the state of Colorado to file with the commission a designation in writing, under oath, of the name and post­office address of a person upon whom service of notices or orders in proceedings pending before the commission may be made. Such designation may from time to time be changed by like writing similarly filed. In default of such designation, service of any notice or order may be made by posting such order or notice in the office of the secretary DIRECTOR of the commission and by mailing a copy of such notice or order to such public utility by certified mail, return receipt requested, at its last known address.

(2)  Every public utility operating in, through, or into the state of Colorado shall also file with the secretary DIRECTOR of the commission a designation in writing, under oath, of the name and post­office address of a person in the state of Colorado upon whom process issued by or under the authority of any court or board having jurisdiction of the subject matter may be served in any judicial or other proceeding brought against such public utility in this state. Such designation may from time to time be changed by like writing similarly filed. In default of such designation, service may be made upon any agent, representative, or employee of such public utility found within the state. Nothing in this article shall apply to railroad corporations.

SECTION 22.  40­6­101 (3), Colorado Revised Statutes, is amended to read:

40­6­101.  Proceedings ­ delegation of duties ­ rules. (3)  An individual commissioner or an administrative law judge has authority to hear and determine, order, certify, report, or otherwise act as to any work, business, or functions assigned or referred to him OR HER under the provisions of this title and, with respect thereto, has all the jurisdiction and powers conferred by law upon the commission and is subject to the same duties and obligations. The secretary DIRECTOR and seal of the commission shall be the secretary DIRECTOR and seal of an individual commissioner or administrative law judge. Except as otherwise provided in this title, any order, decision, or requirement of an individual commissioner or an administrative law judge with respect to any matter assigned or referred to him OR HER under subsection (2) of this section has the same force and effect and may be made and evidenced in the same manner as if made or taken by the commission.

SECTION 23.  40­6­102 (1), Colorado Revised Statutes, is amended to read:

40­6­102.  Service ­ fees ­ depositions ­ examination of witnesses. (1)  The commission, each commissioner, an administrative law judge with respect to matters referred to him OR HER, and the secretary DIRECTOR of the commission have power to issue notices, orders to satisfy or answer, summonses, subpoenas, and commissions to take the deposition of any witness whose testimony is required in any proceeding pending before the commission in like manner and to the same extent as courts of record. The process issued by the commission, any commissioner, an administrative law judge, or the secretary DIRECTOR of the commission shall extend to all parts of the state and beyond the boundaries thereof as may be provided by law or the Colorado rules of civil procedure and may be served by any person authorized to serve process of courts of record, by any person designated for that purpose by the commission or a commissioner, or by first class mail, postage prepaid, as provided in section 40­6­108. The person executing any such process shall receive such compensation as may be allowed by the commission, not to exceed the fees now prescribed by law for similar services, and such fees shall be paid in the same manner as provided for payment of the fees of witnesses.

SECTION 24.  40­6­103, Colorado Revised Statutes, is amended to read:

40­6­103.  Administration of oaths ­ compulsion of testimony ­ fees. (1)  The commission, each commissioner, the secretary DIRECTOR, and any administrative law judge as to matters referred to him OR HER have power to administer oaths, certify to all official acts, and issue subpoenas for the attendance of witnesses and the production of records, documents, and testimony in any inquiry, investigation, hearing, or proceeding in any part of the state. No subpoena shall be issued except upon good cause shown. Good cause shown shall consist of an affidavit stating with specificity the testimony, records, or documents sought and the relevance of such testimony, records, or documents to the proceedings of the commission. Each witness who appears by order of the commission, a commissioner, the secretary DIRECTOR, or any administrative law judge shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpoenaed. When any witness who has not been required to attend at the request of any party is subpoenaed, his fees and mileage shall be paid from the funds appropriated for the use of the commission in the same manner as other expenses of the commission are paid. Any witness subpoenaed except one whose fees and mileage may be paid from the funds of the commission, at the time of service, may demand the fees to which he SUCH WITNESS is entitled for travel to and from the place at which he SUCH WITNESS is required to appear, and one day's attendance. If such witness demands such fees at the time of service, and they are not at that time paid or tendered, he SUCH WITNESS shall not be required to attend, as directed in the subpoena. All fees and mileage to which any witness is entitled under the provisions of this section may be collected by action therefor instituted by the person to whom such fees are payable. No witness furnished with free transportation shall receive mileage for the distance he SUCH WITNESS may have traveled on such free transportation.

(2)  The district court in and for the county or city and county in which any inquiry, investigation, hearing, or proceeding may be held by the commission, or any individual commissioner or administrative law judge, has the power to compel the attendance of witnesses, the giving of testimony, and the production of records or documents as required by any subpoenas issued by the commission, or any individual commissioner, the secretary DIRECTOR, or any administrative law judge. The commission, individual commissioner, or an administrative law judge before whom the testimony is to be given or produced, in case of the failure or refusal of any witness to attend or testify or produce any records or documents required by such subpoena, may report to the district court in and for the county or city and county in which the proceeding is pending, by petition, setting forth that due notice has been given of the time and place of attendance of said witness or the production of said records or documents, that the witness has been subpoenaed in the manner prescribed in this title, and that the witness has failed or refused to attend or produce the records or documents required by the subpoena or has failed or refused to answer questions propounded to him OR HER in the course of such proceeding; and said commission, individual commissioner, or an administrative law judge may ask for an order of the court compelling the witness to attend and testify or produce or cause to be produced documentary evidence. No person so testifying shall be exempt from prosecution or punishment for any perjury in the first degree committed by him SUCH PERSON in this testimony. Nothing in this section shall be construed as in any manner giving to any public utility immunity of any kind.

SECTION 250  40­6­104, Colorado Revised Statutes, is amended to read:

40­6­104.  Certified copies ­ evidence ­ orders. (1)  Copies of all official documents, commission decisions, and orders on file with the commission, or documents filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary DIRECTOR under the official seal of the commission to be true copies of the originals, shall be evidence in like manner as the originals and shall be treated and recognized as such by all courts of the state of Colorado.

(2)  Any order, decision, authorization, certificate, or entry, or a copy thereof, certified by a commissioner or by the secretary DIRECTOR under the official seal of the commission to be a true copy of the original order, decision, authorization, certificate, or entry, may be filed for record in the office of the county clerk and recorder of any county or city and county in which is located the principal place of business of any public utility affected thereby or in which is situated any property of any such public utility, and such record shall impart notice of its provisions to all persons. A certificate under the seal of the commission that any such order, decision, authorization, or certificate has not been modified, stayed, suspended, or revoked may also be recorded in the same offices in the same manner and with like effect.

SECTION 260  40­6­108 (1) (b) and (3), Colorado Revised Statutes, are amended to read:

40­6­108.  Complaints ­ service ­ notice of hearing. (1) (b) (I)  EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (b), no complaint shall be entertained by the commission except upon its own motion, as to the reasonableness of any rates or charges of any gas, electric, water, or telephone public utility, unless the same is signed by the mayor or the president or chairman PRESIDING OFFICER of the board of trustees or a majority of the council, commission, or other legislative body of the county, city and county, city, or town, if any, within which the alleged violation occurred, or not less than twenty­five customers or prospective customers of such public utility.

(II)  THE REQUIREMENTS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) SHALL NOT APPLY TO A COMPLAINT BROUGHT BY:

(A)  THE COMMISSION, UPON ITS OWN MOTION;

(B)  THE OFFICE OF CONSUMER COUNSEL; OR

(C)  A PUBLIC UTILITY.

(3)   Service in all applications, petitions, complaints, hearings, investigations, and other proceedings pending before the commission may be made upon any person upon whom a summons may be served in accordance with the provisions of the Colorado rules of civil procedure, or may be made personally or by first class mail. In all cases wherein service is obtained by mail by the commission, the certificate of the secretary DIRECTOR of the commission of such mailing shall be prima facie evidence that service has been obtained, and the time fixed in any order or notice shall commence to run from the date of mailing as shown in such certificate. The mailing of any notice or other paper by any other party to a proceeding shall be evidenced by the certificate of the person mailing such notice or other paper, and the time fixed in any such notice or other paper shall commence to run from the date of mailing as shown in such certificate.

SECTION 270  40­6­109 (1), Colorado Revised Statutes, is amended to read:

40­6­109.  Hearings ­ orders ­ record ­ review ­ representation of entities in nonadjudicatory proceedings. (1)  At the time fixed for any hearing before the commission, any commissioner, or an administrative law judge, or, at the time to which the same may have been continued, the applicant, petitioner, complainant, the person, firm, or corporation complained of, and such persons, firms, or corporations as the commission may allow to intervene and such persons, firms, or corporations as will be interested in or affected by any order that may be made by the commission in such proceeding and who shall have become parties to the proceeding shall be entitled to be heard, examine and cross­examine witnesses, and introduce evidence. A full and complete record of all proceedings had before the commission, any commissioner, or an administrative law judge in any formal hearing had, and all testimony, shall be taken down by any reporter appointed by the commission MADE AND KEPT AVAILABLE IN ACCORDANCE WITH SECTION 24­4­105 (13), C.R.S., and all parties in interest shall be entitled to be heard in person or by attorney.

SECTION 280 40­6­110, Colorado Revised Statutes, is amended to read:

40­6­110.  Complaint by utility ­ grounds ­ expedited process. (1)  Any public utility has a right to complain on any grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted and followed as in other cases.

(2)  AT THE REQUEST OF THE PARTY FILING A COMPLAINT AND ONLY UPON THE APPROVAL OF THE COMMISSION, A COMPLAINT MAY BE HEARD AND DECIDED UNDER AN EXPEDITED PROCESS IN LIEU OF THE PROCESS PROVIDED IN THIS ARTICLE. SUCH EXPEDITED PROCESS SHALL BE SUBSTANTIALLY SIMILAR TO THE PROCESS PROVIDED IN THIS ARTICLE, WITH THE FOLLOWING EXCEPTIONS:

(a) THE PUBLIC UTILITY COMPLAINED AGAINST SHALL ANSWER THE COMPLAINT WITHIN SEVEN DAYS OF THE COMMISSION SERVING NOTICE THAT THIS EXPEDITED PROCESS IS APPLICABLE, UNLESS SUCH OTHER TIME FOR AN ANSWER IS ESTABLISHED.

(b)  A HEARING ON THE COMPLAINT SHALL COMMENCE WITHIN THIRTY DAYS AFTER FILING OF THE COMPLAINT.

(c)  A WRITTEN, RECOMMENDED DECISION SHALL BE ISSUED WITHIN FIFTEEN DAYS AFTER THE CONCLUSION OF THE HEARING.

(d)  A WRITTEN, RECOMMENDED DECISION OF AN ADMINISTRATIVE LAW JUDGE OR INDIVIDUAL COMMISSIONER SHALL BECOME FINAL IF NO EXCEPTIONS ARE FILED WITHIN SEVEN DAYS AFTER SERVICE UPON THE PARTIES. IF EXCEPTIONS ARE FILED OR IF, WITHIN SEVEN DAYS AFTER ISSUANCE OF THE WRITTEN RECOMMENDED DECISION, THE COMMISSION TAKES UP THE MATTER ON ITS OWN MOTION, THE COMMISSION SHALL ISSUE ITS FINAL DECISION WITHIN FIFTEEN DAYS THEREAFTER. RESPONSES TO EXCEPTIONS SHALL BE FILED WITHIN THREE BUSINESS DAYS AFTER SERVICE OF THE EXCEPTIONS.

(e)  IN ADDITION TO ALL OTHER REMEDIES AND PENALTIES PROVIDED BY LAW, THE RELIEF GRANTED MAY BE IN THE FORM OF AN ORDER TO CEASE AND DESIST FROM THE PRACTICE COMPLAINED OF OR TO AFFIRMATIVELY TAKE ACTION AS PRESCRIBED IN THE DECISION.

(f)  AT OR BEFORE THE TIME FOR FILING THE ANSWER, THE PARTIES MAY AGREE TO BINDING ARBITRATION, WHICH SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE 22 OF TITLE 13, C.R.S.; EXCEPT THAT:

(I)  ANY SUCH ARBITRATION SHALL BE CONCLUDED WITHIN SIXTY DAYS AFTER FILING OF THE COMPLAINT; AND

(II)  A WRITTEN NOTICE OF THE AGREEMENT TO ARBITRATE, SIGNED BY THE PARTIES AND FILED WITH THE COMMISSION, SHALL BE SUFFICIENT TO MEET THE REQUIREMENTS OF SECTION 13­22­203, C.R.S.

SECTION 290  40­6­111 (1) (b), (1) (c), (2) (a) and (2) (b), Colorado Revised Statutes, are amended to read:

40­6­111.  Hearing on schedules ­ suspension ­ new rates ­ rejection of tariffs. (1) (b)  Pending the hearing and decision thereon, in the case of a public utility other than a rail carrier, such rate, fare, toll, rental, charge, classification, contract, practice, OR rule or regulation shall not go into effect; but the period of suspension of such rate, fare, toll, rental, charge, classification, contract, practice, OR rule or regulation shall not extend beyond one hundred twenty days beyond the time when such rate, fare, toll, rental, charge, classification, contract, practice, OR rule or regulation would otherwise go into effect unless the commission, in its discretion, and by separate order, extends the period of suspension for a further period not exceeding ninety days.

(c) (I)  Pending the hearing and decision thereon in the case of a rail carrier, the commission may suspend a proposed rate, classification, rule, or practice during the course of a commission proceeding under this section upon petition and in accordance with 49 U.S.C. 10707 and the regulations promulgated by the commission thereunder, and only when it appears from the specific facts shown by the verified statement of a person that:

(A)  It is substantially likely that the protestant will prevail on the merits of its challenge to the rate change;

(B)  Without suspension, the proposed rate change will cause substantial injury to the protestant or the party represented by the protestant; and

(C)  Because of the peculiar economic circumstances of the protestant, the provisions of subparagraph (III) of this paragraph (c) do not protect the protestant.

(II)  The burden shall be on the protestant to prove the matters described in sub­subparagraphs (A), (B), and (C) of subparagraph (I) of this paragraph (c).

(III)  The commission may by rule or regulation provide for: Carrier refunds to shippers, including interest, when a rate increase is subsequently found unreasonable; carrier assessments on shippers, including interest, when a suspended rate increase is subsequently found reasonable; and carrier refunds to shippers when a suspended rate decrease is subsequently found reasonable. Such rules or regulations shall be in conformance with 49 U.S.C. 10707.

(2) (a)  If a hearing is held thereon, whether completed before or after the expiration of the period of suspension, the commission shall establish the rates, fares, tolls, rentals, charges, classifications, contracts, practices, OR rules or regulations proposed, in whole or in part, or others in lieu thereof, which it finds just and reasonable. In making such finding, in the case of a public utility other than a rail carrier, the commission may consider current, future, or past test periods or any reasonable combination thereof and any other factors which THAT may affect the sufficiency or insufficiency of such rates, fares, tolls, rentals, charges, or classifications during the period the same may be in effect and may consider any factors which THAT influence an adequate supply of energy, encourage energy conservation, or encourage renewable energy development. All such rates, fares, tolls, rentals, charges, classifications, contracts, practices, OR rules or regulations not so suspended, on the effective date thereof, which in the case of a public utility other than a rail carrier, shall not be less than thirty days from the time of filing the same with the commission, or of such lesser time as the commission may grant, shall go into effect and be the established and effective rates, fares, tolls, rentals, charges, classifications, contracts, practices, OR rules and regulations subject to the power of the commission, after a hearing on its own motion or upon complaint, as provided in this article, to alter or modify the same.

(b)  In determining whether a rail rate is reasonable, the commission shall consider, among other factors, evidence of the following:

(I)  The amount of traffic which is transported at revenues which do not contribute to going­concern value and efforts made to minimize such traffic;

(II)  The amount of traffic which contributes only marginally to fixed costs and the extent to which, if any, rates on such traffic can be changed to maximize the revenues from such traffic; and

(III)  The carrier's mix of rail traffic to determine whether one commodity is paying an unreasonable share of the carrier's overall revenues.

SECTION 300  Article 6 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

40­6­112.5. Attorney fees. (1)  SUBJECT TO THE PROVISIONS OF THIS SECTION, IN ANY PROCEEDING UNDER THIS ARTICLE, THE COMMISSION MAY AWARD, AS PART OF ITS DECISION AND IN ADDITION TO ANY COSTS OTHERWISE ASSESSED, REASONABLE ATTORNEY FEES.

(2)  SUBJECT TO THE PROVISIONS OF THIS SECTION, IN ANY PROCEEDING UNDER THIS ARTICLE, THE COMMISSION SHALL AWARD, BY WAY OF DECISION OR SEPARATE ORDER, REASONABLE ATTORNEY FEES AGAINST ANY ATTORNEY OR PARTY WHO HAS BROUGHT OR DEFENDED A COMPLAINT OR OTHER MATTER REQUIRING ACTION BY THE COMMISSION, EITHER IN WHOLE OR IN PART, THAT THE COMMISSION DETERMINES LACKED SUBSTANTIAL JUSTIFICATION.

(3)  WHEN THE COMMISSION DETERMINES THAT REASONABLE ATTORNEY FEES SHOULD BE ASSESSED, IT SHALL ALLOCATE THE PAYMENT THEREOF AMONG THE OFFENDING ATTORNEYS AND PARTIES, JOINTLY OR SEVERALLY, AS IT DEEMS MOST JUST, AND MAY CHARGE SUCH AMOUNT, OR PORTION THEREOF, TO ANY OFFENDING ATTORNEY OR PARTY.

(4)  THE COMMISSION SHALL ASSESS ATTORNEY FEES IF, UPON THE MOTION OF ANY PARTY OR THE COMMISSION ITSELF, IT FINDS THAT AN ATTORNEY OR PARTY BROUGHT OR DEFENDED A COMPLAINT OR OTHER MATTER, OR ANY PART THEREOF, THAT LACKED SUBSTANTIAL JUSTIFICATION OR THAT THE COMPLAINT OR OTHER MATTER, OR ANY PART THEREOF, WAS INTERPOSED FOR DELAY OR HARASSMENT OR IF IT FINDS THAT AN ATTORNEY OR PARTY UNNECESSARILY EXPANDED THE PROCEEDING BY OTHER IMPROPER CONDUCT, INCLUDING, BUT NOT LIMITED TO, THE PROMULGATION OF PLEADINGS, RESPONSES, OR DISCOVERY REQUESTS THAT LACKED SUBSTANTIAL JUSTIFICATION. AS USED IN THIS SECTION, "LACKED SUBSTANTIAL JUSTIFICATION" MEANS SUBSTANTIALLY FRIVOLOUS, SUBSTANTIALLY GROUNDLESS, OR SUBSTANTIALLY VEXATIOUS, AND SHALL BE CONSTRUED IN ACCORDANCE WITH COURT DECISIONS CONSTRUING SECTION 13­17­102, C.R.S.

(5)  NO ATTORNEY FEES SHALL BE ASSESSED IF, AFTER FILING OF A COMPLAINT OR OTHER PLEADING, A VOLUNTARY DISMISSAL IS FILED AS TO ANY SUCH PLEADING WITHIN A REASONABLE TIME AFTER THE ATTORNEY OR PARTY FILING THE DISMISSAL KNEW, OR REASONABLY SHOULD HAVE KNOWN, THAT HE OR SHE WOULD NOT PREVAIL ON THE MATTER ASSERTED IN THE PLEADING.

(6)  NO PARTY WHO IS APPEARING WITHOUT AN ATTORNEY SHALL BE ASSESSED ATTORNEY FEES UNLESS THE COMMISSION FINDS THAT THE PARTY CLEARLY KNEW OR REASONABLY SHOULD HAVE KNOWN THAT HIS OR HER COMPLAINT OR OTHER PLEADING OR RESPONSE, OR ANY PART THEREOF, LACKED SUBSTANTIAL JUSTIFICATION; EXCEPT THAT THIS SUBSECTION (6) SHALL NOT APPLY TO SITUATIONS IN WHICH AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE IS APPEARING WITHOUT AN ATTORNEY, IN WHICH CASE, HE OR SHE SHALL BE HELD TO THE STANDARDS ESTABLISHED FOR ATTORNEYS BY OTHER PROVISIONS OF LAW.

(7)  NO ATTORNEY OR PARTY SHALL BE ASSESSED ATTORNEY FEES AS TO ANY PLEADING OR RESPONSE WHICH THE COMMISSION DETERMINES WAS ASSERTED BY SAID ATTORNEY OR PARTY IN A GOOD FAITH ATTEMPT TO ESTABLISH A NEW THEORY OF LAW IN COLORADO.

SECTION 310  40­7­112 (1), Colorado Revised Statutes, is amended to read:

40­7­112.  Carriers subject to civil penalties. (1)  Any person who operates a motor vehicle carrier as defined in section 40­10­101 (4) (a), a contract carrier by motor vehicle as defined in section 40­11­101 (3), a towing carrier as defined in section 40-13-101 (3), those motor vehicle carriers exempt from regulation as public utilities as defined in section 40­16­101 (1) to (5) (6.5), and interstate carriers required to register under section 40­10­120 or 40­11­115 40­16.2­102 shall be subject to civil penalties as provided in this section and sections 40­7­113 to 40­7­116, which shall be paid and credited to the general fund, in addition to any other sanctions which may be imposed pursuant to law.

SECTION 320  The introductory portion to 40­7­113 (1) and 40­7­113 (1) (d) and (1) (g), Colorado Revised Statutes, are 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, OR 16.2 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:

(d) Any person who operates a motor vehicle for hire as a towing carrier without first having obtained a permit from the commission as required by section 40-13-103 may be assessed a civil penalty of not more than four hundred dollars.

(g)  Any person who operates a motor vehicle as defined in section 40­10­101 (3) or 40­11­101 (4) who intentionally violates any provision of articles 10, 11, 13, 14, and 16, AND 16.2 of this title not enumerated in paragraphs (a) to (f) of this subsection (1), any rule or regulation promulgated by the commission pursuant to this title, or any safety rule adopted by the department of public safety relating to towing carriers may be assessed a civil penalty of not more than four hundred dollars.

SECTION 330  40­7­116, Colorado Revised Statutes, is amended to read:

40­7­116.  Enforcement of civil penalties against carriers ­ suspension or revocation of authority. (1)  Investigative personnel of the commission and personnel of the ports of entry and the Colorado state patrol shall have the authority to issue civil penalty assessments for the violations enumerated in sections 40­7­113 and 40­7­114. When a person is cited for such violation, the person operating the motor vehicle involved shall be given notice of such violation in the form of a civil penalty assessment notice. Such notice shall be tendered by the enforcement official, either in person or by certified mail, and shall contain: The name and address of such person; the nature of the violation; the maximum penalty amounts prescribed for such violation; the date of the notice; a place for such person to execute a signed acknowledgment of receipt of the civil penalty assessment notice; a place for such person to execute a signed acknowledgment of liability for the cited violation; and such other information as may be required by law to constitute notice of a complaint to appear for hearing if the prescribed penalty is not paid within ten days. Every cited person shall execute the signed acknowledgment of receipt of the civil penalty assessment notice. The acknowledgment of liability shall be executed at the time the cited person pays the prescribed penalty. The person cited shall pay the civil penalty specified for the violation involved at the office of the commission, either in person or by depositing such payment postpaid in the United States mail within ten days of AFTER the issuance of the citation. If the person cited does not pay the prescribed penalty within ten days of AFTER the issuance of the notice, the civil penalty assessment notice shall constitute a complaint to appear before the commission. The person cited shall contact the commission on or before the time and date specified in the notice to set the complaint for a hearing on the merits in accordance with section 40­6­109. If the person cited fails to contact the commission on or before the time and date specified, the commission shall set the complaint for hearing. At such hearing, the commission shall have the burden of demonstrating a violation by a preponderance of the evidence.

(2)  AFTER DEMONSTRATING A VIOLATION IN ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION, THE COMMISSION MAY PROCEED TO SUSPEND OR REVOKE THE OPERATING AUTHORITY OF A MOTOR CARRIER THAT FAILS OR REFUSES TO PAY THE PRESCRIBED CIVIL PENALTY.

SECTION 340  Article 7 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

40­7­118.  Telecommunications offenses ­ civil penalties ­ attorney fees. (1)  IN ADDITION TO ANY OTHER PENALTY AUTHORIZED BY LAW AND EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS (2) AND (3) OF THIS SECTION, ANY PERSON SUBJECT TO ARTICLE 15 OF THIS TITLE WHO VIOLATES ANY APPLICABLE PROVISION OF SAID ARTICLE 15 OR ANY RULE ADOPTED BY THE COMMISSION PURSUANT TO SUCH PROVISION MAY BE SUBJECT TO FINES, TO BE ASSESSED DIRECTLY BY THE COMMISSION, AS FOLLOWS:

(a)  ANY PERSON WHO PROVIDES TELECOMMUNICATIONS SERVICE WITHOUT THE NECESSARY AUTHORIZATION FROM THE COMMISSION, WHETHER IN THE FORM OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY OR OTHERWISE, MAY BE ASSESSED A FINE OF NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION.

(b)  ANY PERSON WHO HOLDS A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE, OR IS OTHERWISE AUTHORIZED TO PROVIDE, TELECOMMUNICATIONS SERVICE TO THE PUBLIC AND WHO FAILS OR REFUSES TO PROVIDE SUCH SERVICE WITHOUT LAWFUL JUSTIFICATION MAY BE ASSESSED A FINE OF NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION.

(c)  ANY PERSON WHO FAILS OR REFUSES TO PAY AN ASSESSMENT DUE AND PAYABLE UNDER SECTION 40­15­502 (4) OR (5) MAY BE ASSESSED A FINE OF NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION.

(d)  ANY PERSON DESIGNATED AS A PROVIDER OF LAST RESORT UNDER SECTION 40­15­502 (6) AND WHO FAILS OR REFUSES TO CARRY OUT THE RESPONSIBILITIES OF A PERSON SO DESIGNATED MAY BE ASSESSED A FINE OF NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION.

(e)  ANY PERSON WHO SELLS A TELECOMMUNICATIONS SERVICE AND WHO FAILS OR REFUSES TO COMPLY WITH AN APPLICABLE TARIFF, PRICE LIST, OR RATE SCHEDULE ON FILE WITH THE COMMISSION PERTAINING TO SUCH SERVICE MAY BE ASSESSED A FINE OF NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION.

(f)  ANY PERSON WHO HOLDS A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE, OR IS OTHERWISE AUTHORIZED TO PROVIDE, TELECOMMUNICATIONS SERVICE TO THE PUBLIC AND WHO SELLS, ASSIGNS, LEASES, ENCUMBERS, OR TRANSFERS SUCH CERTIFICATE OR OTHER AUTHORITY WITHOUT PRIOR AUTHORIZATION BY THE COMMISSION PURSUANT TO SECTION 40­5­105 MAY BE ASSESSED A FINE OF NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION.

(g)  ANY PROVIDER WHO VIOLATES SECTION 40­15­105.5 OR ANY ORDER, DECISION, DECREE, DIRECTION, DEMAND, OR REQUIREMENT OF THE COMMISSION, OTHER THAN AN ORDER FOR THE PAYMENT OF MONEY, ISSUED PURSUANT TO SECTION 40­15­105.5 MAY BE ASSESSED A FINE OF NOT MORE THAN TWENTY­FIVE THOUSAND DOLLARS FOR EACH VIOLATION.

(h)  ANY PERSON WHO VIOLATES ANY PROVISION OF ARTICLES 1 TO 7 OR ARTICLE 15 OF THIS TITLE NOT ENUMERATED IN PARAGRAPHS (a) TO (g) OF THIS SUBSECTION (1), OR OF ANY RULE ADOPTED BY THE COMMISSION PURSUANT TO THIS TITLE, MAY BE ASSESSED A FINE OF NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION.

(i)  ANY PERSON WHO VIOLATES ANY PART OF AN ORDER, DECISION, DECREE, DIRECTION, DEMAND, OR REQUIREMENT OF THE COMMISSION, OTHER THAN AN ORDER FOR THE PAYMENT OF MONEY, ISSUED PURSUANT TO THIS TITLE MAY BE ASSESSED A FINE OF NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION.

(2)  IF ANY PERSON RECEIVES A SECOND FINE ASSESSMENT NOTICE FOR A VIOLATION OF SUBSECTION (1) OF THIS SECTION WITHIN THREE YEARS AFTER THE DATE OF THE FINAL COMMISSION DECISION ORDERING PAYMENT OF THE FIRST FINE, THE FINE ASSESSED FOR SUCH SECOND VIOLATION MAY BE TWICE THE AMOUNT SPECIFIED IN SUBSECTION (1) OF THIS SECTION.

(3)  IF ANY PERSON RECEIVES MORE THAN TWO FINE ASSESSMENT NOTICES FOR VIOLATION OF SUBSECTION (1) OF THIS SECTION WITHIN THREE YEARS AFTER THE DATE OF THE FINAL COMMISSION DECISION ORDERING PAYMENT OF THE FIRST FINE, THE FINE ASSESSED FOR SUCH SECOND VIOLATION MAY BE THREE TIMES THE AMOUNT SPECIFIED IN SUBSECTION (1) OF THIS SECTION.

(4)  FOR PURPOSES OF THIS SECTION:

(a)  EACH VIOLATION OF AN APPLICABLE PROVISION OF A STATUTE, RULE, ORDER, DECISION, DECREE, DIRECTION, DEMAND, OR REQUIREMENT SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE. IN THE CASE OF A CONTINUING VIOLATION, EACH DAY ON WHICH THE VIOLATION OCCURS AND EACH CONSUMER OF TELECOMMUNICATIONS SERVICE AFFECTED BY THE VIOLATION SHALL CONSTITUTE A SEPARATE AND DISTINCT OFFENSE.

(b)  THE ACT OR OMISSION OF ANY OFFICER, AGENT, OR EMPLOYEE OF ANY PERSON SUBJECT TO THIS SECTION, WHEN ACTING WITHIN THE SCOPE OF THE OFFICIAL DUTIES OR EMPLOYMENT OF SUCH OFFICER, AGENT, OR EMPLOYEE, SHALL BE DEEMED THE ACT OR OMISSION OF THE PRINCIPAL OR EMPLOYER.

(5)  IN APPROPRIATE CASES, UPON THE MOTION OF THE PREVAILING PARTY, THE COMMISSION MAY AWARD COSTS AND REASONABLE ATTORNEY FEES TO THE PREVAILING PARTY IN A PROCEEDING BROUGHT UNDER THIS SECTION.

SECTION 350  40­9­102 (1), Colorado Revised Statutes, is amended to read:

40­9­102.  Definitions. As used in sections 40­9­101 to 40­9­105, unless the context otherwise requires:

(1)  "Common carriers" also includes express companies, private freight car lines and pipe lines.

SECTION  360  Repeal.  40­9­103 (3), Colorado Revised Statutes, is repealed as follows:

40­9­103.  Liability for damages. (3)  Notwithstanding subsection (2) of this section, a rail carrier may establish rates for the transportation of property under which the liability of the carrier for such property is limited to a value established by a written declaration of the shipper or by a written agreement between the shipper and the rail carrier, and such carrier may provide in such written declaration or agreement for specified amounts to be deducted from any claim against the rail carrier for loss or damage to the property or for delay in the transportation of such property.

SECTION 370  Repeal.  40­9­106, Colorado Revised Statutes, is repealed as follows:

40­9­106.  Transportation of livestock ­ not less than ten miles per hour. Every common carrier in this state must transport livestock from the initial point of shipment in this state to the point of destination in this state at an average rate of speed of not less than ten miles an hour and within such time, from the hour of loading at the initial point to the hour of arrival at the destination, that the point of destination shall be reached in not more than one­tenth as many hours as there were miles required to be traveled in the transportation of such shipment; except only that necessary stops of reasonable duration for feeding purposes, when required by the length of the journey, or necessary and imperative delays caused only by an act of God or inevitable accident shall not be computed in determining such minimum requirements as to speed.

SECTION 380  Repeal.  40­9­107, Colorado Revised Statutes, is repealed as follows:

40­9­107.  Damages for failure to comply. For failure of any common carrier to transport any such shipment within the time required by section 40­9­106, the common carrier issuing the receipt or bill of lading shall pay to the owner, consignee, or other interested party whose interest may appear such actual damages as the owner, consignee, or other interested party may sustain, together with exemplary damages in a sum of not less than one hundred dollars nor more than one thousand dollars, to be fixed by the jury or by the court if the cause is tried without a jury, and such actual and exemplary damages may be sued for and recovered in any court of competent jurisdiction in the district in which the plaintiff resides.

SECTION 390  40­9.5­104 (1) (d), Colorado Revised Statutes, is amended to read:

40­9.5­104.  Procedure for exemption ­ election. (1) (d)  The results of the election held pursuant to this subsection (1) shall be certified by the secretary of the board of directors of the cooperative electric association no later than sixty days after the ballots are mailed to the members and consumers, and said secretary shall file the results with the secretary DIRECTOR of the public utilities commission.

SECTION 400  40­10­101 (5), Colorado Revised Statutes, is amended to read:

40­10­101.  Definitions. As used in this article, unless the context otherwise requires:

(5)  "Person" means any individual, partnership, LIMITED LIABILITY COMPANY, corporation, company, association, joint stock association, or other legal entity.

SECTION 410  Repeal.  40­10­105 (2) (d) (III), Colorado Revised Statutes, is repealed as follows:

40­10­105.  Rules for issuance of certificates ­ standing to protest ­ judicial review. (2) (d) (III)  The commission shall forthwith amend, by order and without notice or hearing, any existing taxicab certificate as described in subparagraph (I) or (II) of this paragraph (d) to allow service from points in the city and county of Denver to either all points in the state of Colorado or all points within the motor carrier's base area to conform with the directives contained in said subparagraph (I) or (II).

SECTION 420  40­10­105, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

40­10­105.  Rules for issuance of certificates ­ standing to protest ­ judicial review. (2.5) (a)  THE HOLDER OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY THAT CONTAINS AUTHORITY TO TRANSPORT PASSENGERS AND THEIR BAGGAGE ON SCHEDULE BETWEEN POINTS IN THE CITY AND COUNTY OF DENVER AND STAPLETON INTERNATIONAL AIRPORT SHALL ALSO BE DEEMED TO HOLD SUCH AUTHORITY BETWEEN POINTS IN THE CITY AND COUNTY OF DENVER AND DENVER INTERNATIONAL AIRPORT IF SUCH PERSON:

(I)  PREVIOUSLY HELD A CERTIFICATE AUTHORIZING SERVICE BETWEEN POINTS IN THE FRONT RANGE AREA, INCLUDING BOULDER, LONGMONT, LOVELAND, FORT COLLINS, AND GREELEY BEFORE THE OPENING OF DENVER INTERNATIONAL AIRPORT;

(II)  FILED TARIFFS WITH THE COMMISSION REFLECTING SUCH AUTHORITY; AND

(III)  HAS CONTINUOUSLY OPERATED THE PREVIOUS CERTIFICATE.

(b)  THE COMMISSION SHALL FORTHWITH AMEND, BY ORDER AND WITHOUT NOTICE OR HEARING, ANY EXISTING CERTIFICATE AS DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (2.5) TO ALLOW SERVICE BETWEEN POINTS IN THE CITY AND COUNTY OF DENVER AND DENVER INTERNATIONAL AIRPORT.

SECTION 430  40­10­106, Colorado Revised Statutes, is amended to read:

40­10­106.  Transfer of certificate. Any certificate of public convenience and necessity or registration of interstate operating rights as described in section 40­10­120 or rights obtained under any such certificate or registration held, owned, or obtained by any motor vehicle carrier may be sold, assigned, leased, encumbered, or transferred as other property only upon authorization by the commission. Absent other facts, the fact that a motor vehicle carrier conducts operations with independent contractors shall not in and of itself constitute a lease or transfer of the certificate.

SECTION 440  40­10­109, Colorado Revised Statutes, is amended to read:

40­10­109.  Filing and issuance fees for certificates. The commission shall ESTABLISH, IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN SECTION 24­34­105, C.R.S., AND collect from all motor vehicle carriers the following fees: Filing fee for application for certificate of public convenience and necessity to operate in intrastate commerce thirty­five dollars; filing fee for application to register interstate operating rights as set out in section 40­10­120, fifteen dollars; AND filing fee for transfer or lease of a certificate of public convenience and necessity in intrastate commerce. thirty­five dollars; and filing fee for transfer of a registration of interstate operating rights, five dollars. In addition, the commission shall charge a fee of five dollars for issuing a certificate of public convenience and necessity in intrastate commerce. or a registration in interstate commerce, or both. All fees collected under this section shall be transmitted to the state treasurer, who shall credit the same to the public utilities commission motor carrier fund.

SECTION 450  40­10­110, Colorado Revised Statutes, is amended to read:

40­10­110.  Carrier's liability insurance policy, filing. Every motor vehicle carrier shall file with the commission a PUBLIC liability AND PROPERTY DAMAGE insurance policy issued by some insurance carrier or insurer, authorized to do business in the state of Colorado, or a surety bond issued by some company authorized to do a surety business in the state of Colorado, in such sum, for such protection, and in such form as the commission, by its rules and regulations, may deem necessary to adequately safeguard the public interest.

SECTION 460  40­10­112, Colorado Revised Statutes, is amended to read:

40­10­112.  Commission may revoke certificate or impose civil penalty. (1)  The commission, at any time, by order duly entered, after hearing upon notice to the holder of any certificate of public convenience and necessity or any registration by a motor vehicle carrier having registered under the provisions of section 40­10­120 and when it is established to the satisfaction of the commission that such holder has violated any of the provisions of this article or violated or refused to observe any of the proper orders, OR rules or regulations of the commission, may suspend, revoke, alter, or amend any such certificate or registration issued under the provisions of this article or may impose a civil penalty as provided in sections 40­7­112 to 40­7­116. but The holder of such certificate or registration shall have all the rights of hearing, review, and appeal as to such order or ruling of the commission as are now provided by articles 1 to 7 of this title. No appeal from or review of any order or ruling of the commission shall be construed to supersede or suspend such order or rulings unless upon order of the proper court.

(2)  Notwithstanding the notice and hearing provisions of subsection (1) of this section, the commission may summarily SUSPEND OR revoke the registration CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY of any carrier registered under section 40­10­120 for failure to maintain effective insurance or bond coverage and file evidence of the same in accordance with section 40­10­110 and rules adopted pursuant thereto.

SECTION 470  Repeal.  40­10­120, Colorado Revised Statutes, is repealed as follows:

40­10­120.  Registration of interstate carriers. (1)  No motor vehicle carrier shall engage in any interstate transportation of persons or property for compensation on any public highway in this state without first having complied with the requirements of this section.

(2)  Any motor vehicle carrier operating into, from, within, or through the state of Colorado under authority issued by the interstate commerce commission shall comply with the commission's requirements relating to participation in the insurance registration system authorized by section 4005 of the federal "Intermodal Surface Transportation Efficiency Act of 1991", 49 U.S.C. 11506.

(3)  Any motor vehicle carrier operating into, from, within, or through the state of Colorado for hire, where such interstate transportation is performed by such motor carrier pursuant to exemptions or partial exemptions from economic regulation contained in the interstate commerce act, shall comply with the commission's requirements relating to participation in the insurance registration system authorized by section 4005 of the federal "Intermodal Surface Transportation Efficiency Act of 1991", 49 U.S.C. 11506.

(4)  For the purpose of carrying out the provisions of this section, the commission has the power after hearing to adopt rules and regulations to participate in the single­state insurance registration system for motor carriers authorized by section 4005 of the federal "Intermodal Surface Transportation Efficiency Act of 1991", 49 U.S.C. 11506, and by applicable rules of the interstate commerce commission.

(5)  Applications for registration under the provisions of this section may be approved by the commission without notice or hearing, and it shall not be necessary for a motor vehicle carrier to prove public convenience and necessity as a condition of obtaining such approval.

(6)  Motor vehicle carriers engaged in interstate transportation of persons or property for compensation who have obtained a permit under the provisions of section 115­9­1 (4) (c), C.R.S. 1963, prior to December 14, 1971, shall be deemed to have registered in accordance with the provisions of this section and shall not be required to file an application for registration.

SECTION 480  40­11­101 (6), Colorado Revised Statutes, is amended to read:

40­11­101.  Definitions. As used in this article, unless the context otherwise requires:

(6)  "Person" means any individual, partnership, LIMITED LIABILITY COMPANY, corporation, company, association, joint stock association, or other legal entity.

SECTION 490  40­11­104, Colorado Revised Statutes, is amended to read:

40­11­104.  Permit may be sold or transferred. Any permit or registration of interstate operating rights as described in section 40­11­115 issued by the commission, or any rights obtained under such permit, held, owned, or obtained by any contract carrier by motor vehicle may be sold, assigned, leased, or encumbered only upon authorization by the commission. No existing permit shall be transferred unless the financial standing of the transferee is established to the satisfaction of the commission.

SECTION 500  40­11­108, Colorado Revised Statutes, is amended to read:

40­11­108.  Filing fees and issuance fees for permits. The commission SHALL ESTABLISH, IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN SECTION 24­34­105, C.R.S., AND shall collect from all contract carriers by motor vehicle the following fees: Filing fee for application for a permit in intrastate commerce thirty­five dollars; filing fee for application to register interstate operating rights as set out in section 40­11­115, fifteen dollars; AND filing fee for application to transfer or lease a permit authorizing intrastate commerce. thirty­five dollars; filing fee for application to transfer a registration of interstate operating rights, five dollars. In addition, the commission shall collect a fee of five dollars for issuing a permit. or a registration in interstate commerce, or both. All fees collected under this section shall be transmitted to the state treasurer, who shall credit the same to the public utilities commission motor carrier fund.

SECTION 510  40­11­109, Colorado Revised Statutes, is amended to read:

40­11­109.  Liability insurance or surety bond required. Every contract carrier by motor vehicle shall file with the commission a PUBLIC liability AND PROPERTY DAMAGE insurance policy issued by some insurance carrier or insurer authorized to do business in the state of Colorado or a surety bond issued by a company authorized to do a surety business in the state of Colorado, in such sum, for such protection, and in such form as the commission, by its rules and regulations, may deem necessary to adequately safeguard the public interest.

SECTION 520  40­11­110, Colorado Revised Statutes, is amended to read:

40­11­110.  Commission may take action against permit or impose civil penalty. (1)  The commission, at any time, upon complaint by any interested party or upon its own motion, by order duly entered, after hearing upon notice to the holder of any permit or any registration by a contract carrier by motor vehicle having registered under the provisions of section 40­11­115, issued under this article 40­16.2­102, and when it has been established to the satisfaction of the commission that such holder has violated any of the provisions of this article or any of the terms and conditions of such holder's permit or registration, or has exceeded the authority granted by such permit or registration, or has violated or refused to observe any of the proper orders, rules, or regulations of the commission, may revoke, suspend, alter, or amend any permit or registration issued under this article or may impose a civil penalty as provided in sections 40­7­112 to 40­7­116; and the holder of such permit or registration shall have all of the rights of hearing, review, and appeal as to such order or ruling of the commission as are now provided by articles 1 to 7 of this title. No appeal from or review of any order or ruling of the commission shall be construed so as to supersede or suspend such order or ruling except upon order of a proper court obtained for such purpose.

(2)  Notwithstanding the notice and hearing provisions of subsection (1) of this section, the commission may summarily revoke the registration of any carrier registered under section 40­11­115 40­16.2­102 for failure to maintain effective insurance or bond coverage and file evidence of the same in accordance with section 40­11­109 and rules adopted pursuant thereto.

SECTION 530  Repeal.  40­11­115, Colorado Revised Statutes, is repealed as follows:

40­11­115.  Registration of interstate carriers. (1)  No contract carrier by motor vehicle shall engage in any interstate transportation of persons or property for compensation on any public highway in this state without first having complied with the requirements of this section.

(2)  Any contract carrier by motor vehicle operating into, from, within, or through the state of Colorado under authority issued by the interstate commerce commission shall comply with the commission's requirements relating to participation in the insurance registration system authorized by section 4005 of the federal "Intermodal Surface Transportation Efficiency Act of 1991", 49 U.S.C. 11506.

(3)  Any contract carrier by motor vehicle operating into, from, within, or through the state of Colorado for hire, where such interstate transportation is performed by such motor carrier pursuant to exemptions or partial exemptions from economic regulation contained in the interstate commerce act, shall comply with the commission's requirements relating to participation in the insurance registration system authorized by section 4005 of the federal "Intermodal Surface Transportation Efficiency Act of 1991", 49 U.S.C. 11506.

(4)  For the purpose of carrying out the provisions of this section, the commission has the power after hearing to adopt rules and regulations to participate in the single­state insurance registration system for motor carriers authorized by section 4005 of the federal "Intermodal Surface Transportation Efficiency Act of 1991", 49 U.S.C. 11506, and by applicable rules of the interstate commerce commission.

(5)  Applications for registration under the provisions of this section may be approved by the commission without notice or hearing.

(6)  Motor vehicle contract carriers engaged in interstate transportation of persons or property for compensation who have obtained a permit under the provisions of this article prior to December 14, 1971, shall be deemed to have registered in accordance with the provisions of this section and shall not be required to file an application for registration.

SECTION 540  Part 1 of article 15 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

40­15­105.5.  Prohibited practices. (1)  THE PROHIBITIONS CONTAINED IN THIS SECTION ARE CUMULATIVE WITH, AND DO NOT SUPERSEDE, THE PROHIBITIONS CONTAINED IN OTHER PROVISIONS OF THIS PART 1, INCLUDING ,WITHOUT LIMITATION, THOSE OF SECTIONS 40­15­105, 40­15­106, AND 40­15­109.

(2)  AS USED IN THIS SECTION, THE TERMS "UNBUNDLED NETWORK ELEMENTS" AND "FACILITIES", TOGETHER WITH THE CONDITIONS, DUTIES, AND OBLIGATIONS ASSOCIATED THEREWITH, ARE USED AND SHALL BE CONSTRUED IN AGREEMENT WITH THE FEDERAL "TELECOMMUNICATIONS ACT OF 1996", PUBLIC LAW 104­104, EFFECTIVE FEBRUARY 8, 1996, AND WITH RELEVANT RULES OF THE COMMISSION.

(3)  NO PROVIDER OF TELECOMMUNICATIONS SERVICE SHALL, WITH RESPECT TO ANOTHER PROVIDER OF TELECOMMUNICATIONS SERVICE:

(a)  UNREASONABLY DELAY, DENY, OR REQUEST ANY OF THE FOLLOWING:

(I)  INTERCONNECTION WITH SUCH OTHER PROVIDER OR ACCESS FOR INTERCONNECTION WITH SUCH OTHER PROVIDER;

(II)  TRANSFER OF CUSTOMER SERVICE;

(III)  ACCESS TO UNBUNDLED NETWORK ELEMENTS, FACILITIES, OR RETAIL TELECOMMUNICATIONS SERVICES THAT ARE SOUGHT FOR THE PURPOSE OF RESALE;

(IV)  NECESSARY INFORMATION AS SET FORTH BY THE PUBLIC UTILITIES COMMISSION REQUESTED FOR THE PURPOSE OF INTERCONNECTION OR RESALE, INCLUDING, WITHOUT LIMITATION, TECHNICAL SPECIFICATIONS AND INFORMATION CONCERNING THE STATUS OF INTERCONNECTION, UNBUNDLED NETWORK ELEMENTS, AND RESOLD SERVICES;

(b)  IMPAIR THE SPEED, QUALITY, OR EFFICIENCY OF SERVICES AND UNBUNDLED NETWORK ELEMENTS USED BY OTHER PROVIDERS;

(c)  VIOLATE THE TERMS OR DELAY THE IMPLEMENTATION OF ANY FEDERAL OR STATE STATUTE OR ANY REQUIREMENT OF AN ORDER OF THE COMMISSION OR OF ANY COURT; OR

(d)  DISCRIMINATE IN FAVOR OF ITSELF, ITS AFFILIATES, OR ANOTHER PROVIDER IN THE PROVISION OF ANY TELECOMMUNICATIONS SERVICE OR ANY UNBUNDLED NETWORK ELEMENT OR FACILITY RELATED TO THE PROVISION OF TELECOMMUNICATIONS SERVICE.

SECTION 550  40­15­302 (1), Colorado Revised Statutes, is amended to read:

40­15­302. Manner of regulation ­ rules and regulations. (1) (a)  The commission shall promulgate rules and regulations as may be appropriate to regulate services and products provided pursuant to this part 3. In promulgating such rules and regulations, the commission shall consider such alternatives to traditional rate of return regulations as flexible pricing, detariffing, and other such manner and methods of regulation that are deemed consistent with the general assembly's expression of intent pursuant to section 40­15­101. It is the intent of the general assembly that traditional rate base or rate of return regulation may be considered but shall not be the sole factor considered by the commission. Such rate of return information shall be provided by the local exchange provider as requested by the commission.

(b)  THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS TO PROHIBIT ANY PERSON OR PROVIDER OF TELECOMMUNICATIONS SERVICE FROM KNOWINGLY OR INTENTIONALLY CAUSING A CUSTOMER ACCOUNT TO BE CHANGED FROM THE EXISTING PROVIDER OF INTRASTATE INTRALATA OR INTRASTATE INTERLATA TELECOMMUNICATIONS SERVICE TO ANOTHER PROVIDER OF THE SAME TELECOMMUNICATIONS SERVICE TO THE CUSTOMER WITHOUT THE CUSTOMER'S PRIOR AUTHORIZATION.

SECTION 560  40­16­101 (1), (3), (4), and (5), Colorado Revised Statutes, are amended, and the said 40­16­101 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 BASIS" MEANS ON THE BASIS OF 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.

(1.2)  "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, INCLUDING, WITHOUT LIMITATION, A FAMILY, BUSINESS, RELIGIOUS GROUP, SOCIAL ORGANIZATION, OR PROFESSIONAL ORGANIZATION. "CHARTERING PARTY" DOES NOT INCLUDE GROUPS OF UNRELATED PERSONS BROUGHT TOGETHER BY A CARRIER, TRANSPORTATION BROKER, OR OTHER THIRD PARTY.

(1) (1.3)  "Charter or scenic bus" means a motor vehicle for the transport of people, ON A CHARTER BASIS, with a minimum capacity of thirty­two passengers which is hired to provide services for a person or group of persons travelling TRAVELING 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.

(1.7)  "COMMERCIAL LOCATION" MEANS A PLACE WHERE GOODS OR SERVICES ARE BOUGHT, SOLD, OR EXCHANGED.

(3) (a)  "Luxury limousine" means a CHAUFFEUR­DRIVEN, luxury motor­driven passenger automobile MOTOR VEHICLE WITH A REAR SEATING CAPACITY OF THREE OR MORE, for hire on a PREARRANGED, charter basis to transport passengers which IN LUXURY LIMOUSINE SERVICE, THAT:

(I)  IS NOT IDENTIFIED BY EXTERIOR SIGNS OR GRAPHICS OTHER THAN LICENSE PLATES;

(II)  IS NOT EQUIPPED WITH A TAXICAB METER OR OTHER DEVICE FOR MEASURING TIME OR MILEAGE OTHER THAN A FACTORY­INSTALLED ODOMETER;

(III)  Offers luxury features which THAT 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. AND

(IV)  IN ADDITION, QUALIFIES FOR INCLUSION IN ONE OF THE FOLLOWING CATEGORIES:

(A)  STRETCHED LIMOUSINE, WHICH IS A MOTOR VEHICLE, ORIGINALLY DESIGNED AS A LUXURY MOTOR­DRIVEN PASSENGER VEHICLE, WHOSE WHEELBASE HAS BEEN LENGTHENED BEYOND THE MANUFACTURER'S ORIGINAL SPECIFICATIONS, WHETHER AT THE MANUFACTURER'S FACTORY OR OTHERWISE, AND THAT MEETS APPLICABLE STANDARDS OF THE FEDERAL DEPARTMENT OF TRANSPORTATION.

(B)  EXECUTIVE SEDAN, WHICH IS A FULL­SIZE, FOUR­DOOR, LUXURY SEDAN THAT HAS NOT BEEN ALTERED FROM THE MANUFACTURER'S ORIGINAL SPECIFICATIONS.

(C)  EXECUTIVE VAN, WHICH IS A VAN WITH A REAR SEATING CAPACITY OF SEVEN OR MORE THAT MAY BE OF STANDARD MANUFACTURER'S SPECIFICATIONS, BUT MAY HAVE BEEN ALTERED FROM THE MANUFACTURER'S ORIGINAL SPECIFICATIONS, AND THAT MEETS APPLICABLE STANDARDS OF THE FEDERAL DEPARTMENT OF TRANSPORTATION.

(b)  "LUXURY LIMOUSINE" DOES NOT INCLUDE A TAXICAB.

(3.3)  "LUXURY LIMOUSINE SERVICE" MEANS A SPECIALIZED, LUXURIOUS TRANSPORTATION SERVICE PROVIDED 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 who offer services as property carriers by motor vehicle or WHO offer services using charter or scenic buses, luxury limousines, off­road scenic charters, and children's activity buses BUS SERVICES.

(5)  "Off­road scenic charter" means a motor­driven passenger vehicle for the transport of passengers, ON A CHARTER BASIS, to scenic points within Colorado, a portion of which will be travel off paved roads. "Off­road scenic charter" does not include the transport of passengers to commercial locations. An off­road scenic charter provides services which THAT originate and terminate at the same location.

(6.3)  "PREARRANGED", IN REFERENCE TO TRANSPORTATION, MEANS ARRANGED IN ADVANCE BY MAIL, TELEPHONE, TELEFACSIMILE, OR COMPUTER BEFORE THE CARRIER BEGINS TO RENDER THE TRANSPORTATION SERVICE OR ANY SERVICE ANCILLARY TO THE TRANSPORTATION SERVICE, INCLUDING, WITHOUT LIMITATION, THE LOADING OF BAGGAGE.

SECTION 57. Article 16 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

40­16­102.5. Luxury limousines ­ operational requirements.

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.

SECTION 58.  40­16­104 (1) (e), (1) (f), and (2), Colorado Revised Statutes, are 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:

(e)  For property carriers by motor vehicle that are not required to obtain a hazardous material permit under section 43­6­201, 42­20­201, C.R.S., amounts and types of coverage required by 49 C.F.R. part 1043; except that such carriers using only vehicles weighing ten thousand pounds or less gross vehicle weight rating shall maintain insurance in the amount of at least three hundred thousand dollars combined single limit liability;

(f)  For property carriers by motor vehicle that are required to obtain a hazardous material permit under section 43­6­201, 42­20­201, C.R.S., amounts and types of coverage required by section 43­6­202 (2) (a), 42­20­201 (2) (a), C.R.S.

(2)  Each motor vehicle carrier exempt from regulation as a public utility shall maintain with the public utilities commission of this state adequate written documentation that such carrier maintains a general PUBLIC liability AND PROPERTY DAMAGE insurance policy, or for public entities a certificate of self­insurance, in accordance with this section, AND IN SUCH FORM AS THE COMMISSION MAY DESIGNATE IN ITS RULES. No termination of such insurance policy shall be valid unless the insurer has notified the holder of the policy and the public utilities commission of this state at least thirty days prior to such termination.

SECTION 59.  40­16­110 (4) (a), Colorado Revised Statutes, is amended to read:

40­16­110.  Legislative declaration ­ federal preemption ­ property carriers to surrender certificates and permits ­ issuance by ports of entry. (4) (a)  No person shall operate as a property carrier by motor vehicle without first obtaining a certificate of registration from the commission. except that, prior to January 1, 1996, a carrier subject to subsection (3) of this section may treat a certificate or permit not yet surrendered as the equivalent of such certificate of registration.

SECTION 60.  Article 16 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

40­16­111.  Fees. THE COMMISSION SHALL ADOPT RULES TO ESTABLISH ANY ADDITIONAL FEES, IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN SECTION 24­34­105, C.R.S., NECESSARY TO DEFRAY THE COST OF REGULATION UNDER THIS ARTICLE. IN ADDITION, THE COMMISSION MAY ASSESS A FEE, NOT TO EXCEED TEN DOLLARS PER PERMIT, TO DEFRAY THE COST OF ISSUING OR RENEWING HAZARDOUS MATERIAL TRANSPORT PERMITS ISSUED PURSUANT TO SECTION 42­20­201 OR 42­20­202, C.R.S.

SECTION 61.  Title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 16.2

Registration of Interstate Carriers

40­16.2­101.  Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "MOTOR VEHICLE" MEANS ANY AUTOMOBILE, TRUCK, MOTOR BUS, OR OTHER SELF­PROPELLED VEHICLE OR ANY OTHER TRAILER DRAWN THEREBY, EXCLUDING VEHICLES OPERATED UPON FIXED RAILS.

(2)  "INTERSTATE MOTOR VEHICLE CARRIER" MEANS EVERY PERSON, LESSEE, TRUSTEE, RECEIVER, OR TRUSTEE APPOINTED BY ANY COURT WHATSOEVER OWNING, CONTROLLING, OPERATING, OR MANAGING ANY MOTOR VEHICLE USED IN THE BUSINESS OF TRANSPORTING PERSONS OR PROPERTY FOR COMPENSATION IN INTERSTATE COMMERCE.

40­16.2­102.  Registration of interstate carriers. (1)  NO INTERSTATE MOTOR VEHICLE CARRIER SHALL ENGAGE IN ANY INTERSTATE TRANSPORTATION OF PERSONS OR PROPERTY FOR COMPENSATION ON ANY PUBLIC HIGHWAY IN THIS STATE WITHOUT FIRST HAVING COMPLIED WITH THE REQUIREMENTS OF THIS ARTICLE.

(2)  ANY INTERSTATE MOTOR VEHICLE CARRIER OPERATING INTO, FROM, WITHIN, OR THROUGH THE STATE OF COLORADO UNDER AUTHORITY ISSUED BY THE FEDERAL HIGHWAY ADMINISTRATION OR ITS PREDECESSOR, THE INTERSTATE COMMERCE COMMISSION, SHALL COMPLY WITH THE COMMISSION'S REQUIREMENTS RELATING TO PARTICIPATION IN THE INSURANCE REGISTRATION SYSTEM AUTHORIZED BY THE FEDERAL "ICC TERMINATION ACT OF 1995", 49 U.S.C. 14504, AND PAYMENT OF APPROPRIATE FEES.

(3)  ANY INTERSTATE MOTOR VEHICLE CARRIER OPERATING INTO, FROM, WITHIN, OR THROUGH THE STATE OF COLORADO FOR HIRE, WHERE SUCH INTERSTATE TRANSPORTATION IS PERFORMED BY SUCH MOTOR CARRIER PURSUANT TO EXEMPTIONS OR PARTIAL EXEMPTIONS CONTAINED IN 49 U.S.C. 13503 OR 49 U.S.C. 13506, SHALL COMPLY WITH THE COMMISSION'S REQUIREMENTS RELATING TO INSURANCE REGISTRATION AND PAYMENT OF APPROPRIATE FEES.

(4)  FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS ARTICLE, THE COMMISSION HAS THE POWER TO ADOPT RULES TO PARTICIPATE IN THE INSURANCE REGISTRATION SYSTEM FOR MOTOR CARRIERS AUTHORIZED BY 49 U.S.C. 14504 AND BY APPLICABLE RULES OF THE FEDERAL HIGHWAY ADMINISTRATION.

(5)  APPLICATIONS FOR REGISTRATION UNDER THE PROVISIONS OF THIS ARTICLE MAY BE APPROVED BY THE COMMISSION WITHOUT NOTICE OR HEARING.

40­16.2­103.  Filing fees. THE COMMISSION SHALL COLLECT FROM ALL INTERSTATE MOTOR VEHICLE CARRIERS OPERATING UNDER AN EXEMPTION REFERENCED IN SECTION 40­16.2­102 (3) AN APPLICATION FEE OF TWENTY DOLLARS. ALL FEES COLLECTED UNDER THIS SECTION SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE PUBLIC UTILITIES COMMISSION MOTOR CARRIER FUND.

40­16.2­104.  Carrier's liability insurance policy, filing. EVERY INTERSTATE MOTOR VEHICLE CARRIER SHALL FILE PROOF OF PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE OR A SURETY BOND WITH THE COMMISSION, OR WITH ANOTHER PARTICIPATING STATE, IN SUCH SUM AND FOR SUCH PROTECTION, AND IN SUCH FORM AS THE COMMISSION, BY ITS RULES, MAY DEEM NECESSARY TO ADEQUATELY SAFEGUARD THE PUBLIC INTEREST.

40­16.2­105.  Commission may revoke registration or impose civil penalty. THE COMMISSION MAY SUMMARILY SUSPEND OR REVOKE THE REGISTRATION OF ANY INTERSTATE MOTOR CARRIER REGISTERED UNDER SECTION 40­16.2­102 FOR FAILURE TO MAINTAIN EFFECTIVE INSURANCE OR BOND COVERAGE AND FILE EVIDENCE OF THE SAME IN ACCORDANCE WITH SECTION 40­16.2­104 AND RULES ADOPTED PURSUANT THERETO. THE COMMISSION MAY IMPOSE CIVIL PENALTIES FOR FAILURE TO REGISTER UNDER THIS ARTICLE OR FOR FAILURE TO MAINTAIN THE REQUIRED INSURANCE.

SECTION 62.  Repeal.  40­27­106 (5), Colorado Revised Statutes, is repealed as follows:

40­27­106.  Engineer to notify agent ­ inspection. (5)  Should the animal be so badly injured that it is in great suffering and cannot live or recover, it is the duty of either the stock inspector or the section foreman upon inspection to immediately kill the animal. If through any cause such an authorized inspector does not appear to inspect such animal so killed within thirty­six hours after such killing, it is the duty of the section foreman to remove the hide of said animal and preserve the same until it has been inspected by such inspector, and thereafter the carcass of such animal shall be disposed of by the railroad company, without prejudice to its rights, in such manner as it may determine.

SECTION 63.  Repeal.  40­27­108 (2), Colorado Revised Statutes, is repealed as follows:

40­27­108.  Notification of owner and claim agent. (2)  Should the secretary be unable to determine from the description furnished by the stock inspector the owner or probable owner of such animal so killed or injured, he shall cause an advertisement to be placed in a newspaper published in the county where said killing or wounding occurred, describing the animal so killed or injured, giving the marks or brands appearing on said animal, if any, and notifying the owner to appear within six months of the date of such killing or injuring and make claim for said animal. Said advertisement shall appear for two consecutive weeks and the cost of same shall not exceed two dollars for any one animal. The cost of such advertisement shall be paid out of the brand inspection fund of the state board of stock inspection commissioners and shall be deducted from the amount of damages that may be awarded against the railway company or corporation. Should no claim be made for any animal so advertised, the cost of such advertising shall be paid by the railroad company responsible for such killing or injuring and shall be deposited in the brand inspection fund of said board.

SECTION 64. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.

SECTION 65.  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to acts occurring on or after said date.

SECTION 66.  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.