S.B. 96-173 Public highway authorities - elimination of taxation powers. Eliminates the powers of taxation granted to a public highway authority under the "Public Highway Authority Law" since the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), determined that the power to impose taxes is inconsistent with the establishment of a public highway authority as an "enterprise" under section 20 of article X of the state constitution.
APPROVED by Governor March 18, 1996
EFFECTIVE March 18, 1996
S.B. 96-200 Department of transportation - disposal of property - procedures. Prior to the disposal of any property or interest therein worth $5,000 or more that is no longer needed for transportation purposes, requires the department of transportation to obtain an appraisal from a certified appraiser to determine the fair market value of such property or interest. Specifies the methods for determining the first right of refusal on such property or interest. If refusal is not exercised, requires the department to dispose of such property or interest by means of a sale or exchange for not less than its fair market value. For property or interest therein worth less than $5,000, allows the department to employ a right-of-way acquisition agent to provide an estimate of the fair market value of such property.
In regard to the disposal of property or interest therein by the department of transportation, eliminates the following requirements:
Requires the department of transportation to dispose of, by means of a sale or exchange at not less than its market value, any portion of an abandoned state highway if the portion is not claimed by a county, city, or town for a county highway or a city street. Eliminates the requirement that title to such portion reverts to the abutting land owner. Specifies that the manner of disposal is the same as required for property that is no longer needed for transportation purposes.
Requires the department of transportation to vacate any property or interest therein that is no longer necessary for transportation purposes or as a state highway if the department is unable to sell or exchange the property or interest or the vacated state highway, as applicable, following a diligent effort
for 5 years.
APPROVED by Governor June 1, 1996
EFFECTIVE June 1, 1996
H.B. 96-1028 Highways - advertising devices. Amends the definition of "directional advertising device" to include devices that direct emergency vehicles to remote locations. Authorizes on-premise advertising devices, in addition to awnings, that are attached to buildings adjacent to state highways to extend over rights-of-way. Requires the department of transportation to issue permits for advertising devices on bus benches or bus shelters in the right-of-way of a state highway if the local governing body having jurisdiction over the state highway approves the advertising device.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
H.B. 96-1144 Turnpike construction - powers of department of transportation - public-private initiatives - highway commission - disposition of tolls. Adds to the powers of the department of transportation the ability to design and finance turnpikes within the state. Authorizes the department to contract with public or private entities through a public-private initiative to design, finance, construct, operate, maintain, reconstruct, or improve a turnpike. Requires the contract to contain a provision that the public or private entity secure adequate liability insurance for any turnpike project. Allows the department to revise periodically the fees, fares, and tolls charged for travel upon any turnpike.
Requires, rather than permits, the department to use excess revenues after bond retirement for the cost of maintaining, repairing, and operating a turnpike. Specifies the priority in which the revenues generated from the fees, fares, and tolls are to be used when bonds are issued and when bonds are not issued. If a turnpike project is adequately maintained, allows the department to use any additional proceeds for the maintenance, construction, and operation of a network of turnpikes.
Eliminates the provision requiring the department to maintain a turnpike free of tolls once the bond debt is retired. Eliminates the long-range highway program that authorizes the department to construct turnpikes and speedways.
Clarifies that the transportation commission, rather than the department, has the authority to pass a resolution authorizing any action by the department with respect to a turnpike project.
Eliminates the provision requiring a corporation formed to construct a toll road to commence and continue work on such road until $500 has been expended.
APPROVED by Governor April 23, 1996
EFFECTIVE April 23, 1996
H.B. 96-1215 Aeronautics division - authority to contract - duty of aeronautical board to distribute federal funds - definition of "aviation purposes". Expands the definition of "aviation purposes" to include informal public education or training or informational materials for dissemination to the public concerning aviation in Colorado. Allows the division of aeronautics, under supervision of the Colorado aeronautical board, to enter into contracts with public or private entities for aviation purposes. Authorizes the use of moneys in the aviation fund to pay for the costs of any contract that the division may award. Allows the Colorado aeronautical board to accept and distribute by contract to local airports federal funds available to the state for airport development or planning projects if certain requirements are met.
APPROVED by Governor May 1, 1996
EFFECTIVE May 1, 1996
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