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.
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.