S.B. 05-41 Highway users tax fund revenues - allocation. Authorizes the state treasurer to continue allocating certain highway users tax fund revenues, the proper manner of allocation of which is not currently specified by law, in the same manner in which the state treasurer has been allocating the revenues in the absence of such explicit authorization. Makes conforming amendments.
APPROVED by Governor April 5, 2005
EFFECTIVE April 5, 2005
S.B. 05-97 Public highway authorities - administrative toll enforcement process. Authorizes a public highway authority (authority) to create an administrative toll enforcement process at the request of the judicial department. Specifies that the rules of an administrative toll enforcement process shall provide for notice to the person cited, an opportunity for an open hearing by an impartial hearing officer, and a right to appeal the administrative determination in court.
States that if an authority establishes an administrative toll enforcement process, no municipal or county court shall have jurisdiction to hear toll evasion cases arising on a public highway operated by the authority.
States that a toll evasion case may be adjudicated in an administrative hearing by an impartial hearing officer, who may be an administrative law judge employed by the state or an independent contractor of the authority. States that the contract for an independent contractor shall grant to the hearing officer the same degree of independence granted to an administrative law judge employed by the state. Allows an authority to enter into contracts with other governments for joint adjudication of toll evasion cases.
Allows an authority to file a copy of an order imposing a toll, fee, and civil penalty for toll evasion with a county court. Directs the clerk of the court to record the order in the court's judgment book and judgment docket. States that the order shall have the effect of a judgment of the county court.
Subjects administrative decisions in toll evasion cases to judicial review. States that the administrative adjudication may be appealed as to matters of law and fact to county court and that the appeal shall be a review on the record of the administrative adjudication and not a de novo hearing.
Imposes liability for a toll evasion detected using automatic vehicle identification technology on the registered owner of the vehicle; except that an owner who is engaged in the business of leasing or renting motor vehicles may avoid liability for the toll evasion by obtaining payment from the person who leased or rented the vehicle at the time of the toll evasion for forwarding to the authority or by providing sufficient information to the authority about the person who leased or rented the vehicle.
Authorizes courts and authorities to report outstanding tolls, fees, and civil penalties to the department of revenue. Directs the department not to renew the registration of a vehicle owned by a person who fails to pay a toll, fee, and civil penalty. Directs the authority to contract with and compensate a vendor approved by the department for the direct costs associated with the nonrenewal of a vehicle registration.
Repeals the provision stating that a person with an outstanding judgment or warrant for toll evasion may not obtain or renew a driver's license.
APPROVED by Governor June 1, 2005
PORTIONS EFFECTIVE June 1, 2005
PORTIONS EFFECTIVE April 1, 2006
S.B. 05-230 Private toll road corporations - elimination of eminent domain power. Specifies that a corporation formed for the purposes of constructing a private toll road or toll highway (corporation) shall not have the power to use eminent domain to acquire right-of-way for the toll road or toll highway, but that a corporation may enter into an agreement with a public entity to enable the construction of a toll road or toll highway.
For the purpose of allowing the state to reap the benefits of private construction of toll roads or toll highways while protecting the rights of the property owners and taxpayers of the state and minimizing the adverse environmental impacts resulting from the construction and operation of a toll road or toll highway, encourages the transportation legislation review committee to examine existing laws that allow the construction of private toll roads and toll highways during the 2005 legislative interim and to make one or more recommendations to the legislative council of the general assembly.
VETOED by Governor June 3, 2005
H.B. 05-1064 Regional transportation authorities - authorization - requirements for formation. Changes the "Rural Transportation Authority Law" to the "Regional Transportation Authority Law" to allow any combination of 2 or more counties or municipalities, or both (combination), including any combination of counties or municipalities within the Denver metropolitan area that cannot currently form rural transportation authorities, to create, by a contract that takes effect only if submitted to and approved by the registered electors residing within the boundaries of the proposed authority, a regional transportation authority (authority) for the purpose of providing regional transportation systems. Clarifies that while rights-of-way included within a regional transportation system must generally be considered public rights-of-way for purposes of the location of utilities owned by persons other than the authority, no right-of-way that is within the regional transportation district (RTD) that is not publicly dedicated right-of-way by a municipality, a county, or the state shall be considered public right-of-way as a result of its inclusion in the district.
Requires a combination joining to create an authority to provide for comment a copy of the contract creating the authority to the department of transportation (department), each county or municipality that includes territory that would border the territory of the authority, the RTD if the territory of the authority would include or border territory of the RTD, and any public highway authority if the territory of the authority would intersect with or be likely to divert traffic to or from a toll highway operated by the public highway authority. If, within 90 days after a copy of the contract is provided, the department, the RTD, a county or a municipality, or a public highway authority informs the combination that any portions of the regional transportation systems proposed by the contract that involve road construction or improvement and that are on, alter the physical structure of, or negatively impact safe operation of any highway, road, or street under its jurisdiction or will provide mass transportation services that impact the affected entity, then, if the affected entity so requests, requires the combination to enter into an intergovernmental agreement with the affected entity concerning the identified portions or mass transportation services within 180 days after the provision of the contract or to eliminate those portions or services from the list of projects specified in the contract before it submits the contract to a vote of the appropriate registered electors. Requires an entity requesting that an intergovernmental agreement be entered into or that portions of a regional transportation system be eliminated due to a negative impact to safe operation of a highway, road, or street to provide, at the time of the request, evidence of the negative impact.
Requires an intergovernmental agreement to address coordination of effort and financing issues, and allows an authority to construct a regional transportation system that would alter the state highway system or the interstate system only as authorized by the intergovernmental agreement. Specifies that an authority that includes territory that is within the RTD must levy any new tax only in designated portions of its territory that are comprised of entire territories of members of the combination so that the rate of tax imposed by the authority within the territory of any single member of the combination is uniform. Allows the board of the RTD to establish local improvement districts in any authority located in whole or in part within the boundaries of the RTD.
Specifies that moneys generated by an authority shall not supplant existing or budgeted department funding except as described in an intergovernmental agreement. Specifies that a local government whose jurisdiction includes territory within an authority may create, permit, or contract streetscape enhancements within that territory.
APPROVED by Governor June 3, 2005
EFFECTIVE Janury 1, 2006
H.B. 05-1148 Statewide tolling enterprise - toll highway systems - local involvement - toll exemptions and reductions. Establishes a separate account within the statewide tolling enterprise special revenue fund for toll revenues from each toll highway system. Requires toll revenues to be used within the toll highway system in which they were collected and for the enterprise's general operating costs and expenses. Permits toll revenues to be used for the acquisition of land within a toll highway corridor.
Involves a metropolitan planning organization or regional planning commission in the construction of a toll highway system. Establishes a way for a local government to consult with the board of the statewide tolling enterprise (board) about issues relating to a toll highway or toll highway system.
Exempts public transportation vehicles from tolls. Permits the board to reduce or eliminate the toll for high occupancy vehicles.
APPROVED by Governor June 3, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 05-1196 Highway users tax fund - extension of authorization for appropriations from the fund to the department of revenue - appropriation. Extends through the 2006-07 state fiscal year the authority of the general assembly to make appropriations from the highway users tax fund to the department of revenue (department) for certain expenses incurred in connection with the administration and motor vehicle division (division) expenses of the motor vehicle business group within the department.
Adjusts the appropriations made in the 2005 general appropriation act to the department for fiscal year 2005-06 by:
● Decreasing the general fund appropriation to the division of the department for personal services by $8,948,375; and
● Increasing the cash funds exempt appropriation from the highway users tax fund to the division for personal services by $8,948,375.
BECAME LAW June 9, 2005
EFFECTIVE June 9, 2005
H.B. 05-1342 Private toll roads - prerequisites to construction - construction standards. Requires a corporation formed for the purposes of constructing a private toll road or toll highway (corporation) to:
● Specify in its certificate of incorporation a proposed route for the toll road or toll highway within 3 miles;
● Commence work on the toll road or toll highway within 3 years after incorporating and continue the work until it has expended at least $500,000 or forfeit all rights acquired under its certificate of incorporation and be administratively dissolved;
● Comply with all department of transportation standards for state transportation projects when planning, constructing, and maintaining a toll highway;
● Before constructing and operating a toll road or toll highway, undertake, at its own expense, the analysis and receive the approvals that would be required for any new segment of a federal interstate highway, including but not limited to: Certification by the executive director of the department of transportation (executive director) that all applicable required regional transportation and statewide transportation plans approved by the transportation commission (commission) include the toll road or toll highway and that the corporation has prepared an environmental, economic, and social impact analysis that meets all substantive and approval requirements imposed by specified federal laws and regulations; identification and implementation of all mitigation measures required by specified federal regulations; and transportation planning region approval with attendant incorporation into regional and statewide transportation plans of the proposed toll road or toll highway and the mitigation and financial plans prepared by the corporation;
● Bear the responsibility for defending any legal challenge filed in a court to the adequacy of an impact analysis;
● Within 45 days following its incorporation, provide written individual notice through a specified process to each person who owns real property within the route specified in the certificate of incorporation of the intent of the corporation to construct a toll road or toll highway and, if applicable, to acquire the person's real property, and record the notice with the office of the clerk and recorder of the county that includes the real property;
● File a disclaimer of interest with the clerk and recorder's office in the county of residence of each person to whom the corporation provided written notice that expressly states that the certificate of incorporation does not effect an interest in the person's real property within the route specified in the certificate of incorporation;
● Comply with certain standards, procedures, and other requirements specified in the act; and
● Obtain plan and land use approval from the board of county commissioners of the county in which property to be affected by the construction is located.
Specifies that a toll road or toll highway shall be included by amendment in an applicable regional and statewide transportation plan only if:
● The corporation has complied with all planning, construction, maintenance, and environmental mitigation standards and requirements specified in or developed in accordance with the act;
● The applicable transportation planning region and the department of transportation certify that the taxpayers of the state or any county will not bear any direct or indirect costs resulting from the construction, operation, or maintenance of the toll road or toll highway; and
● The corporation establishes to the satisfaction of the commission that the proposed toll road or toll highway is financially viable and the corporation has or can obtain sufficient financial resources to construct, operate, and maintain the toll road or toll highway.
Requires a corporation that has previously filed a certificate of incorporation that does not comply with the new notice and disclaimer of interest requirements of the act to file a new or amended certificate of incorporation within 30 days of the date the new requirements take effect that certifies that the corporation will satisfy the requirements. Specifies that if a corporation is sold or sells its interest in a toll road or toll highway or real property obtained for the purpose of constructing or operating a toll road or toll highway, the purchaser shall use any real property purchased only for the purpose of constructing or operating a toll road or toll highway.
Allows the executive director to charge a fee to a corporation to cover the reasonable expenses incurred by the executive director and the department in determining whether to grant any approval or certification required to be obtained from the executive director. Requires a corporation to provide written notification to the commission of its intent to sell a property interest in a toll road or toll highway. Allows the commission, within 45 days following notification, to adopt a resolution that prohibits the corporation from completing the sale of the property interest, and allows the corporation to complete the sale of the property interest if the commission does not adopt such a resolution.
VETOED by Governor June 6, 2005
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