S.B. 96-10 Telecommunications - providers - taxation - use of rights-of-way - limits on powers of municipalities. Defines a "public highway", for purposes of statutes defining local jurisdiction over rights-of-way, to include all roads, streets, alleys, and all other dedicated rights-of-way and utility easements, whether or not located within the boundaries of a city, town, or other political subdivision of the state. Declares that providers of telecommunications service have a state franchise to do business within such political subdivisions, subject to lawful exercises of the police power.
Prohibits a political subdivision from discriminating among telecommunication providers in the rates and terms offered for use of rights-of-way and requires evenhanded treatment of providers wherever possible. Requires fees to be assessed in a manner reflecting the nature, extent, and value of the right or privilege granted and the terms of all agreements for the use of rights-of-way to be made public. Prohibits the exaction of in-kind payments from providers. In cases where equalization of tax provisions would require imposition of new or increased taxes on certain providers, and such taxes would be subject to voter approval under article X, section 20 of the state constitution ("Amendment 1"), requires submission of the new or increased taxes to a vote. If disapproved, invalidates both the new or increased taxes and the taxes that had previously applied to the incumbent providers.
Separates current statutes governing municipal control over rights-of-way for utility purposes generally into 2 different articles, one dealing with telecommunications and one dealing with other utility services such as electricity and gas.
APPROVED by Governor April 12, 1996
EFFECTIVE April 12, 1996
S.B. 96-138 Natural gas distribution - study - report - appropriation. Directs the legislative council to contract with a private party to study the availability of competitively-provided natural gas and associated services and supply choices in the state and report to the general assembly by January 15, 1997.
Appropriates $54,000 from the public utilities commission fixed utility fund to the legislative council for the conduct of the study.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
H.B. 96-1010 Telecommunications - local exchange service - unbundling, interconnection, and resale - interim tariffs. Requires that any telecommunications service provider that will provide unbundled facilities or functions, interconnection, services for resale, or local number portability in local exchange markets must place in effect interim tariffs, effective July 1, 1996, and cooperate in the development of semi-permanent "commission tariffs" governing the pricing of such services unless and until interconnection agreements setting prices for such services are adopted and approved pursuant to federal law.
Directs the public utilities commission to initiate emergency proceedings to approve the interim tariffs and, immediately thereafter, to initiate proceedings to develop the commission tariffs. Requires a "true-up" procedure for recovery of the differences, if any, between the rates paid under the interim tariffs and the rates that would have been paid if the commission tariffs or interconnection agreements, if applicable, had been in effect during the same time period.
Exempts providers that serve only rural exchanges of 10,000 or fewer access lines and, as to the interim rates, exempts colleges and vocational schools.
APPROVED by Governor May 15, 1996
EFFECTIVE May 15, 1996
H.B. 96-1059 Railroads - definition of common carrier. Clarifies that railroads providing transportation of property as well as passengers are included in the definition of common carrier.
APPROVED by Governor April 8, 1996
EFFECTIVE April 8, 1996
H.B. 96-1114 Motor carriers - safety regulation - oversize and overweight permits - taxicab service - ports of entry - jurisdiction of state patrol, departments of transportation and revenue, and public utilities commission. Replaces the ports of entry division in the department of revenue with a motor carrier services division consisting of enforcement functions, including the ports of entry, and service functions, including personnel and facilities for dealing with interstate and international motor vehicle registrations. Eliminates current provisions specifying minimum numbers of fixed and mobile port of entry weigh stations (now set at 10 and 4, respectively). Changes the minimum weight at which vehicles must clear weigh stations from the current 16,000 lbs. empty weight to a manufacturer's gross vehicle weight rating (GVWR) or gross combination rating (GCWR) of 26,001 lbs. or more. Eliminates existing references to negotiated and average weight factors.
Grants the motor carrier services division concurrent authority, along with the state patrol and the department of transportation, to issue permits for the movement of oversize or overweight vehicles. Requires that such permits be available at ports of entry except where additional safety precautions are necessary, in which case permits must originate with the department of transportation. As of July 1, 1996, if a municipality has in effect an ordinance or resolution governing oversize/overweight permits, requires filing of the ordinance or resolution with the department of transportation and the motor carrier services division.
Directs the departments of transportation and revenue to report by July 1, 1997, to the transportation legislation review committee on their progress in implementing electronic permitting systems.
Transfers from the public utilities commission (PUC) to the department of public safety the primary duty to make and enforce safety rules pertaining to property carriers operating vehicles with a GVWR or GCWR of 26,001 lbs. or more, but gives concurrent enforcement authority under such rules to the PUC. Gives the department of public safety concurrent authority to enforce PUC safety rules applicable to exempt passenger carriers and to property carriers operating vehicles under 26,001 lbs. GVWR/GCWR. Includes towing carriers within the definition of "commercial vehicles" subject to safety regulation by the department of public safety, granting concurrent enforcement authority to the PUC.
Expands existing taxicab operating authority within the city and county of Denver to include the authority to provide service from Denver to all points in the state or to all points within the taxicab operator's base area, depending on the type of authority currently held.
APPROVED by Governor June 1, 1996
EFFECTIVE July 1, 1996
H.B. 96-1161 Telecommunications - telephone service - rates for nonoptional operator services - disclosure to consumers. Requires rates for nonoptional operator services (as defined in current law) to be at or below a benchmark rate unless the public utilities commission (PUC) approves a higher rate. If a higher rate has been approved, and if the PUC determines that disclosure of the rate to customers is in the public interest, allows the PUC to require the provider of nonoptional operator services to disclose orally the total charges for such services prior to any charge being assessed and to allow the caller the option to disconnect at that time. States that the PUC may order any telecommunications provider to block access to the nonoptional operator services provider in response to any violation of these provisions.
APPROVED by Governor April 17, 1996
EFFECTIVE See Note
NOTE: This act was passed without a safety clause. It will take effect at 12:01 a.m. on the day following the
expiration of the ninety-day period after final adjournment of the general assembly unless a referendum petition is filed
pursuant to section 1 (3) of the state constitution. In that event, the act will take effect on the date of the official
proclamation of the governor, if it is approved by the voters at the 1996 election.
H.B. 96-1278 Railroads - state policy on abandoned rights-of-way - right of first refusal - repeal. Declares that the abandonment and disposal of railroad rights-of-way and the resulting loss of the use of the property as a transportation corridor adversely affects Colorado. Makes the transportation legislation review committee responsible for analyzing railroad rights-of-way abandonment and disposal in Colorado and presenting a final report with recommendations for legislation on or before January 1, 1997, to the general assembly.
Requires railroad companies to offer a right of first refusal to the state, through the executive director of the department of transportation, prior to sale or disposal of abandoned rights-of-way. Authorizes the executive director, with approval from the transportation commission, to match any offer made for the purchase of the abandoned right-of-way. Allows the executive director to intervene in a railroad right-of-way abandonment proceeding before the surface transportation board upon consultation with and direction from the committee.
Repeals these provisions on July 1, 1997.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
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