SENATE 3rd Reading Unamended March 18, 2016 SENATE Amended 2nd Reading March 17, 2016 Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-0590.02 Jason Gelender x4330 SENATE BILL 16-123 SENATE SPONSORSHIP Lundberg, Marble, Baumgardner, Scheffel, Holbert, Newell, Hill, Woods, Cooke, Crowder, Grantham, Lambert HOUSE SPONSORSHIP Singer, Saine, Ransom, Lebsock, Wilson, Melton, Winter, Lontine, Sias Senate Committees House Committees Transportation A BILL FOR AN ACT Concerning free access for high occupancy vehicles to high occupancy vehicle and high occupancy toll lanes on state highways. 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 the department of transportation or the high-performance transportation enterprise from requiring a vehicle owner to use a switchable transponder or other device in order to travel in a high occupancy vehicle on either a high occupancy vehicle lane or a high occupancy toll lane on a toll-free basis. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 42-4-1012, amend (1) (d) (II) as follows: 42-4-1012. High occupancy vehicle (HOV) and high occupancy toll (HOT) lanes. (1) (d) The department shall develop and adopt functional specifications and standards for an automatic vehicle identification system for use on high occupancy vehicle lanes, high occupancy toll lanes, any public highway constructed and operated under the provisions of part 5 of article 4 of title 43, C.R.S., and any other street or highway where tolls or charges are imposed for the privilege of traveling upon such street or highway. The specifications and standards shall ensure that: (II) On and after the effective date of this subparagraph (II), as amended, a vehicle owner shall not be required to purchase or install more than one device to use on all toll facilities a switchable transponder or other device in order to travel in a high-occupancy vehicle on either a high-occupancy vehicle lane or a high-occupancy toll lane that is on a highway under the jurisdiction of the department on a toll-free basis, but may be required to use one switchable transponder or other device in order to engage in such travel. The department shall remit back to any vehicle owner who purchased a switchable transponder or other device as required by the department before the effective date of this subparagraph (II), as amended, the full purchase price of the transponder or other device. SECTION 2. In Colorado Revised Statutes, 42-4-1012, add (1) (e) as follows: 42-4-1012. High occupancy vehicle (HOV) and high occupancy toll (HOT) lanes. (1) (e) At least twelve months before requiring that any vehicle carry three or more individuals to travel for free as a high-occupancy vehicle in a high occupancy vehicle lane or high occupancy toll lane operated by the department of transportation, the high performance transportation enterprise, or a private partner of the enterprise, the transportation commission shall provide written notice to the general assembly, at a time when the general assembly is in regular session, of its formally adopted resolution expressing its intention to impose the requirement beginning on a specified future date. SECTION 3. In Colorado Revised Statutes, 43-4-808, amend (2) (b) as follows: 43-4-808. Toll highways - special provisions - limitations. (2) (b) The transportation enterprise may adopt, by resolution of the transportation enterprise board, rules pertaining to the enforcement of toll collection and providing a civil penalty for toll evasion. The civil penalty established by the transportation enterprise for any toll evasion shall be not less than ten dollars nor more than two hundred fifty dollars in addition to any costs imposed by a court. The transportation enterprise may use state-of-the-art technology, including, but not limited to, automatic vehicle identification photography, to aid in the collection of tolls and enforcement of toll violations; except that, on and after the effective date of this paragraph (b), as amended, the transportation enterprise shall not require a vehicle owner to purchase, but may require a vehicle owner to install and use, a switchable transponder or other device in order to travel in a high occupancy vehicle on either a high occupancy vehicle lane or a high occupancy toll lane on a toll-free basis. The department shall remit back to any vehicle owner who purchased a switchable transponder or other device as required by the department before the effective date of this paragraph (b), as amended, the full purchase price of the transponder or other device. The use of state-of-the-art technology to aid in enforcement of toll violations shall be is governed solely by this section. SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2016, if adjournment sine die is on May 11, 2016); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.