C08-0669Decision No. C08-0669
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
08R-271TRDOCKET NO. 08R-271TR
IN THE MATTER OF THE EMERGENCY RULES IMPLEMENTING the statutory amendments to fingerprint requirements UNDER HOUSE BILL 08-1227.
DECISION ADOPTING EMERGENCY RULES
Mailed Date:  June 30, 2008
Adopted Date: June 25, 2008
I.	BY THE COMMISSION
A.	Statement
1.	This matter comes before the Commission for adoption of emergency rules implementing amendments to fingerprint-based criminal history record check requirements under House Bill 08-1227 (the bill).
2.	The bill amends, inter alia, §§ 40-10-105.5, 40-16-104.5, and 40-14-103, C.R.S.  The bill becomes effective on July 1, 2008.
3.	The bill’s amendment of Articles 10 and 16 of Title 40 of the Colorado Revised Statutes applies to drivers of taxicabs, charter or scenic buses, luxury limousines, off-road scenic charters, and children’s activity buses.  Under the bill, fingerprint requirements no longer apply to fire crew transports.  Generally, the amendments change the driver disqualification standards by eliminating disqualification for crimes of violence and establishing disqualification for:  (a) lack of good moral character; and (b) felonies or misdemeanors involving moral turpitude.  The bill does not change the disqualification standards pertaining to driving under the influence, driving with excessive alcohol content, driving while ability impaired, or driving while a habitual user of a controlled substance.
4.	The bill amends Article 14 of Title 40 of the Colorado Revised Statutes by repealing fingerprint-based criminal history record checks for household goods movers.
5.	The Commission’s existing rules for fingerprint-based criminal history record checks were established in Docket Nos. 07R-255TR and 08R-084TR.  Both dockets adopted rules on an emergency basis.  Permanent rulemaking is complete, but permanent rules do not become effective until July 30, 2008.  See Docket No. 07R-327TR.
6.	Because the Commission’s current and future rules conflict with the amendments under the bill, we now adopt on an emergency basis (i.e., without compliance with the rulemaking requirements for permanent rules set forth in § 24‑4-103, C.R.S.) the emergency rules appended to this Decision as Attachments A and B.  Attachment A contains the emergency rules modifying current Commission rules.  The emergency rules in Attachment A shall become effective on July 1, 2008.  The emergency rules in Attachment B shall become effective on July 30, 2008, and shall supersede any conflicting rules adopted in Docket No. 07R-327TR.  Both Attachments incorporate the results from the permanent rulemaking in Docket No. 07R-327TR, to the extent this incorporation does not conflict with the bill.
7.	We find that adoption of the emergency rules is imperative and necessary to implement the requirements of the bill. Compliance with the rulemaking requirements associated with permanent rules, pursuant to § 24-4-103, C.R.S., would be contrary to public interest.
8.	We take this action in accordance with the provisions of §§ 40-2-108(2) and 24-4-103(6), C.R.S.
9.	The rules attached to this Decision shall remain in effect until permanent rules become effective or for 210 days from their respective effective dates, whichever period is less.
10.	The emergency rules attached to this Decision include disqualification for convictions related to crimes of violence; convictions related to Class 1, 2, 3, or 4 felonies under Article 3 of Title 18, C.R.S.; unlawful sexual offenses against a child, as defined in § 18-3-411, C.R.S.; and any comparable offences in any other state or in the United States.  We recognize that this list will likely be modified during the permanent rulemaking process.  The Commission will publish a Notice of Proposed Rulemaking seeking comments on, among other issues, the appropriate breadth of driver disqualification under the bill’s new legal framework.
II.	ORDER
A.	The Commission Orders That:
1.	The rules appended to this Decision as Attachment A are hereby adopted as emergency rules consistent with the above discussion.
2.	The rules in Attachment A shall be effective on July 1, 2008.
3.	The rules appended to this Decision as Attachment B are hereby adopted as emergency rules consistent with the above discussion.
4.	The rules in Attachment B shall be effective on July 30, 2008, and shall supersede any conflicting rules adopted in Docket No. 07R-327TR.
5.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
June 25, 2008.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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	Commissioners

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