S.B. 97-37 Railroad rights-of-way - acquisition - use - appropriation. Permits the executive director of the department of transportation to accept donation of an abandoned railroad right-of-way. Requires the executive director to sell, trade, or otherwise convey the donated right-of-way to a railroad company capable of operating a freight or passenger rail service. Creates the state rail bank fund. Requires the proceeds of any sale of an abandoned railroad right-of-way to be deposited in the state rail bank fund. Permits the executive director to allow the use of the donated right-of-way for any public purpose that is not inconsistent with freight or passenger rail service.
Requires the executive director to determine what rail lines or railroad rights-of-way are eligible to be acquired. Requires the transportation commission to review and approve the rail line or railroad right-of-way to be acquired. Mandates the executive director to submit a prioritized list with recommendations to the transportation legislation review committee (TLRC) concerning state acquisition of and uses for rail lines and railroad rights-of-way.
Authorizes the executive director, upon approval by the general assembly, to acquire rail lines or railroad rights-of-way for placement in the state rail bank. Allows the executive director to accept gifts, grants, and donations for the disposition of railroad rights-of-way. Requires the department of transportation to maintain the property in the state rail bank, including the assumption of the responsibility for any fencing agreements of the abandoning railroad company.
Allows the executive director to make the property in the state rail bank available for recreational purposes so long as such use does not limit the ability to restore or reconstruct the property for railroad or other transportation services. Allows the executive director to sell or lease the property in the state rail bank to a financially responsible railroad operator for railroad purposes. Makes any damage to an irrigation ditch in or adjacent to railroad rights-of-way or any increase in ditch maintenance caused by the use of the railroad right-of-way for a public purpose the responsibility of the person to whom the title of the railroad right-of-way is transferred. Makes owners of such irrigation ditches immune from liability arising out of such use of the railroad right-of-way.
Compels an owner of a rail line or railroad right-of-way to notify the executive director when he or she intends to dispose of the rail line or railroad right-of-way. Requires the executive director, within 30 days after receipt of such notice, to inform all departments of the state of Colorado, the appropriate transportation authority, and any local government that contains the rail line or railroad right-of-way affected by the impending sale. Requires the owner to provide any of the public entities with the opportunity to purchase the rail line or railroad right-of-way if the owner receives notice of the entity's interest within 90 days after the announcement of the owner's intended disposal.
Requires the TLRC to consider the recommendations of the executive director and information from any other source and requires the legislative members of the committee to make findings and recommendations to the general assembly regarding the acquisition, use, and disposition of abandoned railroad rights-of-way.
Transfers $1,000,000 from the department of state cash fund to the state rail bank fund. Appropriates $1,000,000 from the state rail bank fund to the department of transportation for the implementation of the act.
APPROVED by
Governor June 4, 1997
EFFECTIVE June 4, 1997
S.B. 97-128 Pilot program for warranty of paving projects - powers of department of transportation. Requires the state transportation commission to establish a pilot program for the warranty of certain hot bituminous pavement projects. Directs the commission to implement such program by July 1, 1997. Stipulates that the program will end July 1, 2002, unless it is extended by the general assembly.
Limits the duration of such warranties to a maximum of 3 years and exempts contractors from liability for pavement distresses that are caused by factors beyond a contractor's control. Defines "warranty" and "qualified hot bituminous pavement project". Directs the commission to comply with federal requirements or regulations when federal aid is utilized for such paving projects.
Provides for a technical advisory committee to select those paving projects that will be undertaken as part of the pilot program. Specifies the composition of the advisory committee.
Requires that all paving projects constructed as part of the pilot program be subject to a cost-benefit evaluation by a committee selected by the commission. Specifies the composition of the committee. Directs the committee to gather data on actual costs of warranted projects and comparable nonwarranted projects and to present a report on its conclusions to the house and senate transportation committees at the end of the warranty period for the projects or at an earlier date specified by either committee.
APPROVED by
Governor May 21, 1997
EFFECTIVE August 6,
1997
NOTE: This act was
passed without a safety clause. It shall 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 that is
allowed for submitting a
referendum petition pursuant to article V, section 1 (3) of the state constitution; except that,
if a referendum petition is
filed against this act or an item, section, or part of this act within such period, then the act,
item, section, or part, if
approved by the people, shall take effect on the date of the official declaration of the vote
thereon by proclamation of
the governor.
H.B. 97-1023 Metropolitan transportation development commission - repeal. Repeals the statutory provision establishing the metropolitan transportation development commission, which was terminated in 1992.
APPROVED by
Governor April 1, 1997
EFFECTIVE April 1, 1997
H.B. 97-1061 Intrastate air carriers - Colorado business incentive fund - performance reports. Requires any entity establishing a new business facility or operation and participating in the Colorado business incentive fund to give due consideration to the provision of intrastate air service to all areas of Colorado and to comply with intrastate air carrier performance reporting requirements of Colorado law. Expands the guidelines for participating in the business incentive fund to include new operations in the state in addition to new business facilities. Expands the local governmental entities that may enter into agreements to participate in the Colorado business incentive fund to include those entities operating airports at which commercial passenger service is provided.
Specifies that intrastate air carriers that fail to submit required performance reports when due with the aeronautics division in the department of transportation, and that fail to cure the failure within 30 days after notification, may be subject to a civil money penalty of not less than $2,500 and not more than $5,000 for each violation as determined by the Colorado aeronautical board. Specifies that moneys from such civil penalties shall be credited to the aviation fund and continuously appropriated to cover the administrative costs of enforcing the performance report provisions. Requires such reports to contain information on mechanical defects discovered and repairs made for each operation of a flight and any weather conditions contributing to delayed or canceled flights.
Appropriates $5,500,000 from the Colorado business incentive fund to the department of local affairs for allocation to the economic development commission for the fiscal year beginning July 1, 1997, for implementation of the Colorado business incentive fund portions of this act.
Makes this act applicable to intrastate air carrier performance reports not filed when due on or after May 8, 1997.
APPROVED by
Governor May 8, 1997
EFFECTIVE May 8, 1997
H.B. 97-1066 Emissions inspections - new diesel vehicles. Extends from 12 months to 2 years the time a certificate of compliance that is issued for new diesel vehicles without an emissions test is valid. Clarifies statutory language regarding expiration of such certificates.
APPROVED by
Governor March 28, 1997
EFFECTIVE August 6,
1997
NOTE: This act was
passed without a safety clause. It shall 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 that is
allowed for submitting a
referendum petition pursuant to article V, section 1 (3) of the state constitution; except that,
if a referendum petition is
filed against this act or an item, section, or part of this act within such period, then the act,
item, section, or part, if
approved by the people, shall take effect on the date of the official declaration of the vote
thereon by proclamation of
the governor.
H.B. 97-1190 Drivers' licenses - renewal by mail. Allows the department of revenue to offer renewal of a driver's license by mail subject to certain conditions. Limits the availability of license renewal by mail to drivers who are 21 years of age or older and under 66 years of age. Restricts license renewal by mail to every other license renewal period.
APPROVED by
Governor March 28, 1997
EFFECTIVE March 28,
1997
H.B. 97-1273 Rural transportation authority law - creation. Creates the "Rural Transportation Authority Law". Specifies that 2 or more municipalities, 2 or more counties, or one or more municipalities and one or more counties may create an authority. Directs the director of the division of local government in the department of local affairs to issue a certificate upon the filing of a contract establishing an authority. Specifies the required provisions of such a contract. Prohibits a municipality or county from entering into a contract creating an authority unless 2 public hearings are held. Requires voter approval prior to the establishment of any such authority. Allows the state to join in such a contract upon approval by the governor.
Requires a board of directors to exercise all powers, privileges, and duties vested in or imposed upon an authority. Specifies the powers and duties of the board and the duty of a director when a conflict of interest arises.
Specifies that an authority has the power to:
Specifies the manner in which an authority may include property within or exclude property from the boundaries of the authority. Subjects property included in an authority to the same mill levies and other taxes levied on other similarly situated property. Allows the board to determine the location of a rural transportation system upon a 2/3rds vote. Specifies when a rural transportation system is subject to the construction bidding provisions governing state projects and state-funded local projects. Directs an authority to assess taxes within the boundaries of existing taxing districts whenever possible.
Allows an authority to establish rural transportation activity enterprises for purposes of conducting authorized activities. Specifies that such enterprise is excluded from the provisions of section 20 of article X of the state constitution. Sets forth the parameters under which such enterprise may operate, including its ability to contract and to issue revenue bonds. States that certain revenues collected and rates charged by an authority in connection with a rural transportation system are not subject to the election requirements or spending limits under section 20 of article X of the state constitution.
Clarifies that state and local traffic laws regarding toll collection and enforcement pertain to and govern the use of any rural transportation system on which vehicles subject to such laws are operated. Specifies the penalty for violations of such laws.
Allows an authority to establish local improvement districts within the boundaries of the authority to facilitate the financing, construction, operation, or maintenance of rural transportation systems. Specifies the method of establishing a local improvement district. Specifies the methods of issuance and payment of bonds by the authority. Designates the areas in which an authority has cooperative powers. Grants certain powers to the state or any political subdivision thereof for purposes of aiding and cooperating in the financing, construction, operation, or maintenance of rural transportation systems.
Requires voter approval for any action by an authority to establish or increase any tax or to create a multiple fiscal year obligation under section 20 of article X of the state constitution. Specifies the notice requirements for the creation of an authority and for any proposal by an authority to establish, increase, or decrease any tax or fee. Requires an authority to report annually to the transportation legislation review committee. Allows the committee to review the operations, plans, and projects of any rural transportation authority.
Specifies that the state shall not limit or alter the rights of obligees with which the authority contracts. Specifies the manner in which the authority may invest or deposit its funds. Allows fiduciaries to invest in any bonds issued by the authority. Exempts the income, revenues, and bonds issued by the authority from all state taxation and assessments. Creates a limitation on actions. Allows the board of an authority to file a petition in district court for a judicial examination and determination of certain issues.
APPROVED by
Governor April 24, 1997
EFFECTIVE August 6,
1997
NOTE: This act was
passed without a safety clause. It shall 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 that is
allowed for submitting a
referendum petition pursuant to article V, section 1 (3) of the state constitution; except that,
if a referendum petition is
filed against this act or an item, section, or part of this act within such period, then the act,
item, section, or part, if
approved by the people, shall take effect on the date of the official declaration of the vote
thereon by proclamation of
the governor.
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