Date: 03/09/2006

Final
BILL SUMMARY for SB06-115

HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Votes: View--> Action Taken:
Moved to refer Senate Bill 06-115 to the CommitteePASS



11:30 AM -- Senate Bill 06-115

Representative Larson, prime sponsor, presented Senate Bill 06-115 which requires a corporation formed for the purpose of constructing a toll road or toll highway to file with the county clerk and recorder of each county through which any portion of the proposed toll road or toll highway will pass, and update as necessary, the following materials:

1. a map or survey of the proposed route of the toll road or toll highway;
2. a statement of the proposed route of the toll road or toll highway, within three miles; and
3. a listing of all property over or across which the proposed toll road or toll highway will be constructed.

The bill further requires a corporation to obtain the consent of the appropriate municipal or county authorities before constructing a private toll road or toll highway through, in, upon, under, or over any street or alley of any city, incorporated town, county, or city and county. The bill also allows, subject to specified limitations, a political subdivision to levy a tax, fee, or charge for any right or privilege of constructing or operating a private toll road or toll highway. If there is any controversy over the appropriateness of the fee or charge, the bill requires the political subdivision to prove that the fee or charge is no greater than necessary to defray the direct impacts or costs incurred by the political subdivision.

11:33 AM

Robert Thomasson, representing the High Plains Coalition for Responsible Transportation Policy (HPCRTP), spoke in support of the bill. Mr. Thomasson stated that Elbert County is close to bankruptcy. He stated that he loves Elbert County and that it is a great place, but that the residents don't always have the money or the sophistication to contend with big corporations and big money. He stated that there are many questions that Elbert County residents have about some of the toll road proposals that are being left unanswered by the toll road companies, and he asked the committee to support the bill.

11:36 AM

Carl Filler, representing himself, spoke in support of the bill. Mr. Filler stated that local government should have the strongest voice in the planning phases of their counties and cities. He stated that local politicians and policy makers are most accessible to common people and that they generally share the same values and beliefs as the residents in regard to how the county or city should be administered. He added that these politicians and policy makers are responsible for the heath and safety of the residents in their counties, and that this bill allows them to have the power and support they need to look out for the best interest of their constituents. He asked the committee to support the bill.

11:38 AM

The committee discussed whether or not the bill affected any of the provisions in Senate Bill 06-078.

11:40 AM

Herman Stockinger, Legislative Liaison for the Colorado Department of Transportation, stated that if Senate Bill 06-078 becomes state law before Senate Bill 06-115, the definition of who could condemn property would go back to how it is written in current law. Mr. Stockinger stated that interested parties and the sponsor will talk to the bill drafter for clarification.

Representative Larson stated that he would work on the effective dates of the two bills with the other sponsors and LLS.
BILL:SB06-115
TIME: 11:41:38 AM
MOVED:Borodkin
MOTION:Moved to refer Senate Bill 06-115 to the Committee of the Whole. The motion passed 9-0.
SECONDED:Hefley
VOTE
Borodkin
Yes
Green
Excused
Hefley
Yes
Knoedler
Yes
Larson
Yes
Lindstrom
Yes
Ragsdale
Yes
Sullivan
Excused
Welker
Yes
McFadyen
Yes
Pommer
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS



11:42 AM

The committee adjourned.