S.B. 02-11 Motor carriers - intrastate operation - safety regulation. Subjects intrastate motor carriers to a civil penalty for a violation of the federal rules regarding motor carrier safety and transfers such penalties to the highway users tax fund. Prohibits the actions of an independent contractor from being imputed to a motor carrier absent control or supervision of the independent contractor. Bases such penalties on gravity of violation and degree of culpability, limits carriers' compliance history subject to review to 3 years, and prohibits consideration of carriers' ability to pay. Exempts the intrastate operation of implements of husbandry from the penalties. Gives the state patrol exclusive authority to conduct safety compliance reviews.
APPROVED by Governor April 18, 2002
EFFECTIVE April 18, 2002
S.B. 02-85 Public highway authorities - public input - decision-making process. Requires the board of a transportation authority to publish notice of the time and agenda of a regularly scheduled meeting at least 7 days prior to such meeting. Obligates such board to offer the public at least one hour to comment during such meetings.
Requires such board to promulgate and adhere to policies and procedures that govern its conduct and to provide meaningful opportunities for public input, including standards and procedures for calling an emergency meeting. Prohibits such board from delegating the following powers and decisions:
Clarifies that a transportation authority is subject to the open records laws.
APPROVED by Governor May 6, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
S.B. 02-86 Construction projects - neighborhood notification - policies. Mandates that the transportation commission promulgate and implement written policies requiring notification and dissemination of information regarding transportation construction projects to the public, to residential neighborhoods, and to businesses that may be affected by transportation construction projects of the department of transportation. Specifies that such policies be based on a particular policy directive issued in 1999. Specifies the minimum requirements for such policies, including:
States that such policies shall not be construed to reopen the project public participation process for transportation construction projects for which such public participation process has been completed prior to June 1, 2002.
APPROVED by Governor June 1, 2002
EFFECTIVE June 1, 2002
S.B. 02-179 Transportation finance - allocation of surplus - census adjustment - state fiscal year spending - RTD - ballot question authorized for sales tax increase - TABOR refund amount - HUTF revenues allocated to transit - statewide tolling enterprise - authorization - appropriation. On July 1, 2003, and on July 1 of each succeeding year, requires the transfer of any general fund surplus for the prior fiscal year, less the statutory 4% general fund reserve and less any excess state revenues, as follows:
Requires the portion of the surplus transferred to the HUTF to be paid into the state highway fund for allocation to the Colorado department of transportation (CDOT) and to be expended for state highway reconstruction, repair, maintenance, and capital expansion projects.
Creates a growth dividend by allowing the constitutionally required adjustment of population to match the decennial federal census that is used in determining the maximum annual increase in state fiscal year spending permitted under section 20 of article X of the state constitution (TABOR) to occur over more than one fiscal year when the actual amount of state fiscal year spending for the first fiscal year in which such an adjustment can be made is insufficient to allow the state to recoup the full amount of all over-refunds that resulted from underestimates of population growth.
Allows a county that is located in whole or in part within the regional transportation district (RTD), and was therefore previously subject to a prohibition on developing, maintaining, and operating mass transportation systems, to provide transit services in cooperation with and pursuant to an agreement with the board of directors of the RTD.
Allows the RTD to submit to the eligible electors of the RTD at any general election or election held in November of an odd-numbered year a specified ballot question seeking approval to raise the rate of sales tax imposed by the RTD from 0.6% to 1% subject to the limitation that the RTD may submit the ballot question only if a petition requesting that the board submit the question has been signed by a number of registered electors within the RTD equal to 5% of the total number of votes cast within the RTD for all candidates for the office of secretary of state at the previous general election. If the RTD sales tax rate is increased to 1%, allows the subsequent reduction of the sales tax rate to a rate below 1%, but no less than 0.6%, that will generate sufficient revenue to repay all RTD indebtedness obligated under the original sales tax rate increase upon approval of a second ballot question on such a decrease.
Eliminates the requirement that the state sales tax refund mechanism used to refund excess state revenues as required by TABOR be calculated to refund the amount of excess state revenues not refunded by other mechanisms by 105%.
Allows the operator of an automatic vehicle identification system for use on high occupancy vehicle lanes, high occupancy toll lanes, or other toll highways that was in operation on August 4, 1999, to replace the system with a different system that is not compatible with the original system subject to the approval of CDOT. Requires CDOT to amend its functional specifications and standards for such systems to require compatibility with any approved replacement system.
Requires at least 10% of all revenues transferred to the HUTF and credited to the state highway fund pursuant to the provisions of Senate Bill 97-1 to be expended for transit purposes or for transit-related capital improvements.
Authorizes the creation by the transportation commission (commission) of a statewide tolling enterprise (enterprise) that will operate as a government-owned business within CDOT and as a division of CDOT. Specifies that the commission shall serve as the board of the enterprise, but shall also, with the consent of the executive director of CDOT, appoint a director of the enterprise who shall possess qualifications as may be established by the commission and the state personnel board.
Specifies that the enterprise, and the commission when acting as the board of the enterprise, shall be a TABOR-exempt constitutional enterprise so long as the enterprise retains the authority to issue revenue bonds and receives less than 10% of its total annual revenues from government grants. Specifies that the records of the enterprise are public records and that the enterprise is a public entity for purposes of specified existing statutes relating to public securities.
Creates the statewide tolling enterprise special revenue fund (special fund). Allocates bond proceeds, toll revenues, and any other revenues of the enterprise to the special fund. Specifies that the enterprise may expend moneys in the special fund to fund the administration, planning, financing, construction, operation, maintenance, or repair of toll highways or to pay its operating costs and expenses.
Creates a statewide tolling enterprise operating fund and allows the transportation commission to transfer moneys from the state highway fund to the operating fund to defray expenses incurred by the enterprise prior to the receipt of bond proceeds or toll revenues by the enterprise. Requires the enterprise to reimburse the state highway fund for the full amount of any transfer made by the commission plus interest at a rate set by the commission.
Requires the commission to adjust toll rates, upon payment of certain costs and debt, so that the amount of toll revenues to be generated is as close as possible to the amount required for the ongoing operation, maintenance, renewal, and replacement of the toll highway. Specifies the powers and duties of the commission when acting as the board of the enterprise, including but not limited to the power to determine and charge tolls, issue revenue bonds payable solely from the special fund, enter into public-private initiatives, and plan, construct, operate, and maintain a system of toll highways in the state and the duty to make an annual report to the general assembly.
Specifies that the traffic laws of the state and any municipality through which a toll highway passes and the enterprise's regulations regarding toll collection and enforcement shall pertain to and govern the use of the toll highway. Allows state and local law enforcement authorities to enter into traffic and toll enforcement agreements with the enterprise.
Specifies that the enterprise shall not be subject to the provisions of the "Procurement Code", but shall be subject to the provisions of the Colorado sunshine law and statutory open records requirements.
Appropriates $5,843 to the department of law for the implementation of this act.
APPROVED by Governor May 30, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1269 Roadside advertising - message center displays - remodeling and relocation as an alternative to the acquisition of signs. Permits certain advertising devices to include a message center display with movable parts and a changeable message that is changed by electronic processes or by remote control; except that advertising devices with message center displays may not:
Prohibits advertising devices from including a message center display if the department of transportation (department) receives written notification from the applicable federal authority that such advertising device will directly cause the repayment or denial of federal moneys that would otherwise be available or that such advertising device would otherwise be inconsistent with federal law.
Permits the department to allow an advertising device that is otherwise permitted by the "Outdoor Advertising Act" to be remodeled or relocated in certain designated areas as an alternative to the removal or acquisition of such device; except that such remodeling or relocation will not be permitted if the department receives written notification from the applicable federal authority that such advertising device will directly cause the repayment or denial of federal moneys that would otherwise be available or that such advertising device would otherwise be inconsistent with federal law.
APPROVED by Governor May 24, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1310 Transportation finance - allocation of surplus - census adjustment - state fiscal year spending - RTD - ballot question authorized for sales tax increase - TABOR refund amount - HUTF revenues allocated to transit - statewide tolling enterprise - authorization - appropriation. On July 1, 2003, and on July 1 of each succeeding year, requires the transfer of any general fund surplus for the prior fiscal year, less the statutory 4% general fund reserve and less any excess state revenues, as follows:
Requires the portion of the surplus transferred to the HUTF to be paid into the state highway fund for allocation to the Colorado department of transportation (CDOT) and to be expended for state highway reconstruction, repair, maintenance, and capital expansion projects.
Creates a growth dividend by allowing the constitutionally required adjustment of population to match the decennial federal census that is used in determining the maximum annual increase in state fiscal year spending permitted under section 20 of article X of the state constitution (TABOR) to occur over more than one fiscal year when the actual amount of state fiscal year spending for the first fiscal year in which such an adjustment can be made is insufficient to allow the state to recoup the full amount of all over-refunds that resulted from underestimates of population growth.
Allows a county that is located in whole or in part within the regional transportation district (RTD), and was therefore previously subject to a prohibition on developing, maintaining, and operating mass transportation systems, to provide transit services in cooperation with and pursuant to an agreement with the board of directors of the RTD.
Allows the RTD to submit to the eligible electors of the RTD at any general election or election held in November of an odd-numbered year a specified ballot question seeking approval to raise the rate of sales tax imposed by the RTD from 0.6% to 1% subject to the limitation that the RTD may submit the ballot question only if a petition requesting that the board submit the question has been signed by a number of registered electors within the RTD equal to 5% of the total number of votes cast within the RTD for all candidates for the office of secretary of state at the previous general election. If the RTD sales tax rate is increased to 1%, allows the subsequent reduction of the sales tax rate to a rate below 1%, but no less than 0.6%, that will generate sufficient revenue to repay all RTD indebtedness obligated under the original sales tax rate increase upon approval of a second ballot question on such a decrease.
Eliminates the requirement that the state sales tax refund mechanism used to refund excess state revenues as required by TABOR be calculated to refund the amount of excess state revenues not refunded by other mechanisms by 105%.
Allows the operator of an automatic vehicle identification system for use on high occupancy vehicle lanes, high occupancy toll lanes, or other toll highways that was in operation on August 4, 1999, to replace the system with a different system that is not compatible with the original system subject to the approval of CDOT. Requires CDOT to amend its functional specifications and standards for such systems to require compatibility with any approved replacement system.
Requires at least 10% of all revenues transferred to the HUTF and credited to the state highway fund pursuant to the provisions of Senate Bill 97-1 to be expended for transit purposes or for transit-related capital improvements.
Authorizes the creation by the transportation commission (commission) of a statewide tolling enterprise (enterprise) that will operate as a government-owned business within CDOT and as a division of CDOT. Specifies that the commission shall serve as the board of the enterprise, but shall also, with the consent of the executive director of CDOT, appoint a director of the enterprise who shall possess qualifications as may be established by the commission and the state personnel board.
Specifies that the enterprise, and the commission when acting as the board of the enterprise, shall be a TABOR-exempt constitutional enterprise so long as the enterprise retains the authority to issue revenue bonds and receives less than 10% of its total annual revenues from government grants. Specifies that the records of the enterprise are public records and that the enterprise is a public entity for purposes of specified existing statutes relating to public securities.
Creates the statewide tolling enterprise special revenue fund (special fund). Allocates bond proceeds, toll revenues, and any other revenues of the enterprise to the special fund. Specifies that the enterprise may expend moneys in the special fund to fund the administration, planning, financing, construction, operation, maintenance, or repair of toll highways or to pay its operating costs and expenses.
Creates a statewide tolling enterprise operating fund and allows the transportation commission to transfer moneys from the state highway fund to the operating fund to defray expenses incurred by the enterprise prior to the receipt of bond proceeds or toll revenues by the enterprise. Requires the enterprise to reimburse the state highway fund for the full amount of any transfer made by the commission plus interest at a rate set by the commission.
Requires the commission to adjust toll rates, upon payment of certain costs and debt, so that the amount of toll revenues to be generated is as close as possible to the amount required for the ongoing operation, maintenance, renewal, and replacement of the toll highway. Specifies the powers and duties of the commission when acting as the board of the enterprise, including but not limited to the power to determine and charge tolls, issue revenue bonds payable solely from the special fund, enter into public-private initiatives, and plan, construct, operate, and maintain a system of toll highways in the state and the duty to make an annual report to the general assembly.
Specifies that the traffic laws of the state and any municipality through which a toll highway passes and the enterprise's regulations regarding toll collection and enforcement shall pertain to and govern the use of the toll highway. Allows state and local law enforcement authorities to enter into traffic and toll enforcement agreements with the enterprise.
Specifies that the enterprise shall not be subject to the provisions of the "Procurement Code", but shall be subject to the provisions of the Colorado sunshine law and statutory open records requirements.
Appropriates $5,843 to the department of law for the implementation of this act.
APPROVED by Governor May 30, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1350 Railroads - Towner railroad line - lease. Authorizes the Colorado department of transportation (department) to renew the current Towner railroad line lease if the lessee annually demonstrates it is financially solvent and responsible.
Changes from 5 to 10 years the limit on the length of the lease agreement for the Towner railroad line. Instructs the department to lease such line for as long as is reasonably possible and to offer the lessee an option to purchase such line. Requires the department to waive any bonding requirements in the lease if the lessee has demonstrated financial solvency and responsibility after one year of such lease. Authorizes the department to suspend any volume-based rent in such lease so long as such rent is placed into an escrow account and used for infrastructure developments that are approved by the department.
Repeals obsolete provisions.
APPROVED by Governor April 12, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1417 Highway authority - eminent domain - attorney fees and litigation costs award. Clarifies the circumstances under which an owner may be awarded attorney fees and litigation costs in a highway condemnation action.
APPROVED by Governor June 1, 2002
EFFECTIVE June 1, 2002
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