C08-0153Decision No. C08-0153
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
08R-050TRDOCKET NO. 08R-050TR
IN THE MATTER OF THE EMERGENCY RULES IMPLEMENTING HOUSE BILL 07-1019 AND AMENDING THE REQUIREMENTS PERTAINING TO LUXURY LIMOUSINES.
DECISION ADOPTING EMERGENCY RULES
Mailed Date:	February 13, 2008
Adopted Date:	January 30, 2008
I.	BY THE COMMISSION
A.	Statement
1.	This matter comes before the Commission for adoption of emergency rules implementing House Bill 07-1019 (the bill) and amending the requirements pertaining to luxury limousines.  For the reasons set forth in this decision, 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 Attachment A.
2.	House Bill 07-1019 substantially amended the provisions of Title 40, Article 16, C.R.S., with respect to luxury limousines.  In particular, the bill amended Article 16, C.R.S., so that it no longer defines “luxury limousine,” but requires the Commission to do so.  The bill deleted the statutory operational requirements pertaining to luxury limousines.  Lastly, the bill mandated that the Commission promulgate rules that ensure public safety, consumer protection, and the provision of services to the public.  The bill became effective on July 1, 2007.
3.	By Decision No. C07-0547, the Commission adopted emergency rules implementing the bill, ensuring that there was no lapse of governing regulations concerning luxury limousines.  By Decision No. C07-0613, the Commission adopted modified emergency rules that superseded the emergency rules adopted by Decision No. C07-0547.  
4.	By Decision No. C07-0742, the Commission issued its Notice of Proposed Rulemaking regarding, inter alia, the proposed permanent rules under bill.  However, the permanent rulemaking proceeding is not concluded and permanent rules have yet to be adopted.  Moreover, the current emergency rules adopted by Decision No. C07-0613 will expire on February 13, 2008.  Therefore, the governing regulations concerning luxury limousines will lapse unless emergency rules are adopted by this decision.
5.	We take this action in accordance with the provisions of §§ 40-2-108(2) and 24-4-103(6), C.R.S.
6.	We find that immediate adoption of the emergency rules is imperative and necessary to implement the requirements of the bill without lapse.  Compliance with the rulemaking requirements associated with permanent rules, pursuant to § 24-4-103, C.R.S., would be contrary to public interest.
7.	The rules attached to this order shall be effective on February 13, 2008, and shall remain in effect until permanent rules become effective or for 210 days, whichever period is less.
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 attached rules shall be effective on February 13, 2008.
3.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
January 30, 2008.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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	Commissioners
	
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