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Second Regular Session
Sixty-first General Assembly
LLS NO. 980222.01 PLC
SENATE BILL 98043
STATE OF COLORADO
BY SENATOR Alexander;
also REPRESENTATIVE Dyer.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING THE EXCEPTION OF SCENIC RAILROADS FROM
COLORADO PUBLIC UTILITIES RATE REGULATION.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Excepts scenic railroads from rate regulation by
the public utilities commission. Defines "scenic railroad".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 401102, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
401102. Definitions. As used in articles 1 to 7 of this title, unless the context otherwise requires:
(7) "SCENIC RAILROAD" MEANS
A RAILROAD OPERATING ON NARROW GAUGE OR STANDARD GAUGE
TRACK THAT IS PRIMARILY ENGAGED IN THE TRANSPORTATION OF PERSONS
FOR THE PURPOSE OF SIGHTSEEING OR EXCURSIONS AND WHOSE OPERATIONS
APPEAL TO THE RECREATIONAL DESIRES OF THE PUBLIC AND WHOSE FREIGHT
OPERATIONS, IF ANY, ARE INCIDENTAL TO ITS RECREATIONAL ACTIVITIES.
SECTION 2. 403101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
403101. Reasonable charges adequate service. (3) NOTHING IN THIS ARTICLE SHALL BE DEEMED TO APPLY TO A SCENIC RAILROAD UNLESS A SCENIC RAILROAD PROPOSES TO RAISE ITS INDIVIDUAL RATES MORE THAN TWENTYFIVE PERCENT IN ANY CALENDAR YEAR. IF A SCENIC RAILROAD PROPOSES TO RAISE ITS INDIVIDUAL RATES MORE THAN TWENTYFIVE PERCENT, THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO SUCH SCENIC RAILROAD. EXCEPT THAT THE COMMISSION RETAINS JURISDICTION TO ORDER PROVISIONS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, QUALITY OF SERVICE, FREQUENCY OF SERVICE, POINTS OF SERVICE, AND POINTS OF BOARDING AND DEBARKATION.
SECTION 3. 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.