House Bill 1116
This bill was introduced by Gwyn Green in the Colorado House of Representatives, January 18, 2006.
Unfortunately, this bill died in committee.
For the most current information, visit the ColoradoGeneral Assembly website.
-----this is the text of HB 1116 as indroduced in 1/18/2006-----
Second Regular Session
Sixty-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 06-0083.01 John Hershey HOUSE BILL 06-1116
House Committees Senate Committees
Transportation & Energy
A BILL FOR AN ACT
CONCERNING A PROHIBITION ON ACTIONS TO DIVERT TRAFFIC ONTO 101
TOLL ROADS FROM ROADS FOR WHICH A TOLL IS NOT CHARGED. 102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.) Prohibits the department of transportation (department) or an entity
joining in a private-public initiative with the department from entering
into any agreement with a city, county, or city and county to divert traffic
onto a turnpike from a county road or city street. Prohibits the department
from taking any action to divert traffic onto a turnpike from a state
highway for which no toll is charged.Prohibits the owner of a private toll road from entering into any
HOUSE SPONSORSHIP
Green, and Pommer
SENATE SPONSORSHIP
Tupa,
HB06-1116 -2-agreement with a state agency, city, county, or city and county to divert traffic onto a private toll road from a state highway, county road, or city
street. Prohibits the statewide tolling enterprise or an entity joining in a private-public initiative with the enterprise from entering into any agreement with a city, county, or city and county to divert traffic from a county road or city street onto a toll highway operated by the enterprise. Prohibits the department from taking any action to divert traffic onto a toll highway from a state highway for which no toll is charged. Prohibits a public highway authority from entering into any
agreement with a city, county, or city and county to divert traffic from a county road or city street onto a public highway for which a toll is charged. Prohibits a city, county, or state agency that is a party to the contract creating an authority from taking any action to divert traffic onto a public highway for which a toll is charged from a city street, county road, or state highway for which no toll is charged. Prohibits a regional transportation authority from entering into any agreement with a city, county, or city and county to divert traffic from a county road or city street into a regional transportation system for which a toll or fee is charged. Prohibits a city, county, or state agency that is a party to the contract creating an authority from taking any action to divert traffic into a regional transportation system for which a toll or fare is charged from a city street, county road, or state highway for which no toll is charged.
Defines "action to divert traffic" as an action intended to encourage drivers of motor vehicles to use a toll road instead of another road, including but not limited to:
Reduction of maintenance;
Installation of a traffic control device; or
Reduction of a speed limit.
Be it enacted by the General Assembly of the State of Colorado: 1
SECTION 1. Part 2 of article 3 of title 43, Colorado Revised 2
Statutes, is amended BY THE ADDITION OF A NEW SECTION to 3
read: 4
43-3-221. Agreement or action to divert traffic to turnpike - 5
prohibited - definitions. (1) THE DEPARTMENT OF TRANSPORTATION OR 6
AN ENTITY JOINING IN A PUBLIC-PRIVATE INITIATIVE WITH THE 7
DEPARTMENT SHALL NOT ENTER INTO ANY AGREEMENT, WHETHER 8
HB06-1116 -3-WRITTEN OR ORAL, WITH A CITY, COUNTY, OR CITY AND COUNTY UNDER 1WHICH THE CITY, COUNTY, OR CITY AND COUNTY TAKES ANY ACTION TO 2
DIVERT TRAFFIC ONTO A TURNPIKE FROM A COUNTY ROAD OR CITY STREET 3
MAINTAINED BY THE CITY, COUNTY, OR CITY AND COUNTY. 4(2) THE DEPARTMENT OF TRANSPORTATION SHALL NOT TAKE ANY 5ACTION TO DIVERT TRAFFIC ONTO A TURNPIKE FROM A STATE HIGHWAY 6 FOR WHICH NO TOLL IS CHARGED. 7
(3) FOR PURPOSES OF THIS SECTION, "ACTION TO DIVERT TRAFFIC 8
ONTO A TURNPIKE" MEANS AN ACTION INTENDED TO ENCOURAGE DRIVERS 9
OF MOTOR VEHICLES TO USE A TURNPIKE INSTEAD OF ANOTHER HIGHWAY, 10
ROAD, OR STREET, INCLUDING BUT NOT LIMITED TO THE REDUCTION OF 11
MAINTENANCE, THE INSTALLATION OF A TRAFFIC CONTROL DEVICE, OR THE 12
REDUCTION OF A SPEED LIMIT ON THE HIGHWAY, ROAD, OR STREET. 13
SECTION 2. Part 3 of article 3 of title 43, Colorado Revised 14
Statutes, is amended BY THE ADDITION OF A NEW SECTION to 15
read: 16
43-3-323. Agreement or action to divert traffic to toll road - 17
prohibited - definitions. (1) THE OWNER OF A TOLL ROAD SHALL NOT 18
ENTER INTO ANY AGREEMENT, WHETHER WRITTEN OR ORAL, WITH A STATE 19
AGENCY, CITY, COUNTY, OR CITY AND COUNTY UNDER WHICH THE STATE 20
AGENCY, CITY, COUNTY, OR CITY AND COUNTY TAKES ANY ACTION TO 21
DIVERT TRAFFIC ONTO A TOLL ROAD FROM A STATE HIGHWAY, COUNTY 22
ROAD, OR CITY STREET MAINTAINED BY THE STATE AGENCY, CITY, 23
COUNTY, OR CITY AND COUNTY. 24
(2) FOR PURPOSES OF THIS SECTION, "ACTION TO DIVERT TRAFFIC 25
ONTO A TOLL ROAD" MEANS AN ACTION INTENDED TO ENCOURAGE 26
DRIVERS OF MOTOR VEHICLES TO USE A TOLL ROAD INSTEAD OF ANOTHER 27
HB06-1116 -4-
HIGHWAY, ROAD, OR STREET, INCLUDING BUT NOT LIMITED TO THE 1
REDUCTION OF MAINTENANCE, THE INSTALLATION OF A TRAFFIC CONTROL 2
DEVICE, OR THE REDUCTION OF A SPEED LIMIT ON THE HIGHWAY, ROAD, OR 3
STREET. 4
SECTION 3. Part 5 of article 4 of title 43, Colorado Revised 5
Statutes, is amended BY THE ADDITION OF A NEW SECTION to 6
read: 7
43-4-523. Agreement or action to divert traffic to public 8
highway - prohibited - definitions. (1) AN AUTHORITY SHALL NOT 9
ENTER INTO ANY AGREEMENT, WHETHER WRITTEN OR ORAL, WITH A CITY, 10
COUNTY, OR CITY AND COUNTY UNDER WHICH THE CITY, COUNTY, OR CITY 11
AND COUNTY TAKES ANY ACTION TO DIVERT TRAFFIC ONTO A PUBLIC 12
HIGHWAY FOR WHICH A TOLL IS CHARGED FROM A COUNTY ROAD OR CITY 13
STREET MAINTAINED BY THE CITY, COUNTY, OR CITY AND COUNTY. 14
(2) A MUNICIPALITY, COUNTY, OR STATE AGENCY THAT IS A PARTY 15
TO THE CONTRACT CREATING AN AUTHORITY SHALL NOT TAKE ANY 16
ACTION TO DIVERT TRAFFIC ONTO A PUBLIC HIGHWAY FOR WHICH A TOLL 17
IS CHARGED FROM A CITY STREET, COUNTY ROAD, OR STATE HIGHWAY FOR 18
WHICH NO TOLL IS CHARGED. 19
(3) FOR PURPOSES OF THIS SECTION, "ACTION TO DIVERT TRAFFIC 20
ONTO A PUBLIC HIGHWAY" MEANS AN ACTION INTENDED TO ENCOURAGE 21
DRIVERS OF MOTOR VEHICLES TO USE A PUBLIC HIGHWAY INSTEAD OF 22
ANOTHER HIGHWAY, ROAD, OR STREET, INCLUDING BUT NOT LIMITED TO 23
THE REDUCTION OF MAINTENANCE, THE INSTALLATION OF A TRAFFIC 24
CONTROL DEVICE, OR THE REDUCTION OF A SPEED LIMIT ON THE HIGHWAY, 25
ROAD, OR STREET. 26
SECTION 4. Part 6 of article 4 of title 43, Colorado Revised 27
HB06-1116 -5-
Statutes, is amended BY THE ADDITION OF A NEW SECTION to 1
read: 2
43-4-622. Agreement or action to divert traffic to regional 3
transportation system - prohibited - definitions. (1) AN AUTHORITY 4
SHALL NOT ENTER INTO ANY AGREEMENT, WHETHER WRITTEN OR ORAL, 5
WITH A CITY, COUNTY, OR CITY AND COUNTY UNDER WHICH THE CITY, 6
COUNTY, OR CITY AND COUNTY TAKES ANY ACTION TO DIVERT TRAFFIC 7
INTO A REGIONAL TRANSPORTATION SYSTEM FOR WHICH A TOLL OR FARE 8
IS CHARGED FROM A COUNTY ROAD OR CITY STREET MAINTAINED BY THE 9
CITY, COUNTY, OR CITY AND COUNTY. 10
(2) A MUNICIPALITY, COUNTY, OR STATE AGENCY THAT IS A PARTY 11
TO THE CONTRACT CREATING AN AUTHORITY SHALL NOT TAKE ANY 12
ACTION TO DIVERT TRAFFIC INTO A REGIONAL TRANSPORTATION SYSTEM 13
FOR WHICH A TOLL OR FARE IS CHARGED FROM A CITY STREET, COUNTY 14
ROAD, OR STATE HIGHWAY FOR WHICH NO TOLL IS CHARGED. 15
(3) FOR PURPOSES OF THIS SECTION, "ACTION TO DIVERT TRAFFIC 16
INTO A REGIONAL TRANSPORTATION SYSTEM" MEANS AN ACTION 17
INTENDED TO ENCOURAGE DRIVERS OF MOTOR VEHICLES TO USE A 18
REGIONAL TRANSPORTATION SYSTEM INSTEAD OF ANOTHER HIGHWAY, 19
ROAD, OR STREET, INCLUDING BUT NOT LIMITED TO THE REDUCTION OF 20
MAINTENANCE, THE INSTALLATION OF A TRAFFIC CONTROL DEVICE, OR THE 21
REDUCTION OF A SPEED LIMIT ON THE HIGHWAY, ROAD, OR STREET. 22
SECTION 5. Part 8 of article 4 of title 43, Colorado Revised 23
Statutes, is amended BY THE ADDITION OF A NEW SECTION to 24
read: 25
43-4-813. Agreement or action to divert traffic to toll highway 26
- prohibited - definitions. (1) THE ENTERPRISE OR AN ENTITY JOINING 27
HB06-1116 -6-
IN A PUBLIC-PRIVATE INITIATIVE WITH THE ENTERPRISE SHALL NOT ENTER 1
INTO ANY AGREEMENT, WHETHER WRITTEN OR ORAL, WITH A CITY, 2
COUNTY, OR CITY AND COUNTY UNDER WHICH THE CITY, COUNTY, OR CITY 3
AND COUNTY TAKES ANY ACTION TO DIVERT TRAFFIC ONTO A TOLL 4
HIGHWAY FROM A COUNTY ROAD OR CITY STREET MAINTAINED BY THE 5
CITY, COUNTY, OR CITY AND COUNTY. 6
(2) THE DEPARTMENT SHALL NOT TAKE ANY ACTION TO DIVERT 7
TRAFFIC ONTO A TOLL HIGHWAY FROM A STATE HIGHWAY FOR WHICH NO 8
TOLL IS CHARGED. 9
(3) FOR PURPOSES OF THIS SECTION, "ACTION TO DIVERT TRAFFIC 10
ONTO A TOLL HIGHWAY" MEANS AN ACTION INTENDED TO ENCOURAGE 11
DRIVERS OF MOTOR VEHICLES TO USE A TOLL HIGHWAY INSTEAD OF 12
ANOTHER HIGHWAY, ROAD, OR STREET, INCLUDING BUT NOT LIMITED TO 13
THE REDUCTION OF MAINTENANCE, THE INSTALLATION OF A TRAFFIC 14
CONTROL DEVICE, OR THE REDUCTION OF A SPEED LIMIT ON THE HIGHWAY, 15
ROAD, OR STREET. 16
SECTION 6. Effective date. This act shall take effect at 12:01 17
a.m. on the day following the expiration of the ninety-day period after 18
final adjournment of the general assembly that is allowed for submitting 19
a referendum petition pursuant to article V, section 1 (3) of the state 20
constitution (August 9, 2006, if adjournment sine die is on May 10, 21
2006); except that, if a referendum petition is filed against this act or an 22
item, section, or part of this act within such period, then the act, item, 23
section, or part, if approved by the people, shall take effect on the date of 24
the official declaration of the vote thereon by proclamation of the 25
governor. 26
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