Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0080.01 Jason Gelender x4330 HOUSE BILL 12-1171 HOUSE SPONSORSHIP Tyler, Levy, Schafer S. SENATE SPONSORSHIP (None), House Committees Senate Committees Transportation A BILL FOR AN ACT Concerning a limitation on the circumstances in which a public highway authority may enter into a noncompete agreement with a public entity. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill prohibits a public highway authority from entering into a noncompete agreement with a public entity if the agreement would degrade an existing roadway or delay or prevent the construction or upgrading of a road or highway that is included in a fiscally constrained regional transportation plan or in the fiscally constrained statewide transportation plan. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 43-4-523 as follows: 43-4-523. Noncompete agreements. An authority may not enter into a noncompete agreement with a public entity if the agreement would degrade an existing roadway or either delay or prevent the construction or upgrading of a road or highway that is included in the fiscally constrained regional transportation plan required by section 43-1-1103 (1) or the fiscally constrained comprehensive statewide transportation plan required by section 43-1-1103 (5). SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.