First Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 05-0209.01 Jason Gelender HOUSE BILL 05-1030 HOUSE SPONSORSHIP Sullivan, SENATE SPONSORSHIP (None), House Committees Senate Committees Transportation & Energy A BILL FOR AN ACT Concerning private toll roads, and, in connection therewith, requiring the board of directors of the statewide tolling enterprise to fix toll rates for any private toll road that is located in more than one county, specifying the types of land, improvements, facilities, and property rights that private toll roads may include, specifying the manner of enforcement of tolls and applicable traffic laws, authorizing the conveyance of private toll roads or interests therein, and repealing outdated provisions pertaining to the construction and operation of private toll roads. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires the board of directors of the statewide tolling enterprise to fix toll rates for any private toll road or toll highway that is located in more than one county. Requires the district court located in the city and county of Denver to hear any toll rate appeal. Specifies the types of land, improvements, facilities, and property rights that a private toll road or toll highway may include. Specifies the manner of enforcement of private toll road or toll highway tolls and applicable traffic laws. Authorizes the conveyance of a private toll road, toll highway, or franchise, or any interest therein, by a corporation to any natural person, corporation, partnership, association, joint venture, or political subdivision or agency of the state. Explicitly preserves all powers to regulate land use activities granted by law or by the state constitution to a county or municipality that has jurisdiction over territory in which any portion of a toll road or toll highway is located. Repeals outdated provisions pertaining to the construction and operation of private toll roads or toll highways. Makes a conforming amendment. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 7-45-101, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read: 7-45-101. Additional statements in certificate. (3.5) If a toll road or toll highway is located in more than one county, the board of directors of the statewide tolling enterprise created pursuant to section 43-4-803, C.R.S., shall perform the duties of the board of county commissioners set forth in subsections (2) and (3) of this section. Any appeal pursuant to subsection (3) of this section shall be made to the district court located in the city and county of Denver. The board of directors of the statewide tolling enterprise may enter into an agreement with the corporation and any creditor of the corporation or trustee acting on behalf of creditors of the corporation regarding the setting of tolls at a level sufficient to provide security for the repayment of such creditors. The board of directors shall have no liability for performing such duties. (3.7) A toll road or toll highway may include, but is not limited to, paving, grading, landscaping, curbs, gutters, culverts, sidewalks, bikeways, lighting, bridges, overpasses, underpasses, railroad crossings, frontage roads, access roads, interchanges, drainage facilities, mass transit lanes, park-and-ride facilities, railroad facilities, toll collection facilities, service areas and facilities necessary to serve the traveling public, open space, administrative or maintenance facilities, gas, electric, water, sewer, cable, data transmission, and other utilities located or to be located in the right-of-way for a toll road or toll highway, other ancillary business facilities or improvements, and other real or personal property, including easements, rights-of-way, and other interests therein. SECTION 2. Article 45 of title 7, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read: 7-45-104. Traffic laws - toll collection. (1) The traffic laws of this state, and those of any municipality through which a toll road or toll highway constructed, operated, or maintained by a corporation passes, and the corporation's regulations regarding toll collection and enforcement shall pertain to and govern the use of the toll road or toll highway. State and local law enforcement authorities are authorized to enter into traffic and toll enforcement agreements with corporations. Any moneys received by a state law enforcement authority pursuant to a toll enforcement agreement shall be subject to annual appropriations by the general assembly to the law enforcement authority for the purpose of performing its duties pursuant to the agreement. (2) A corporation may adopt, by resolution of its board, regulations pertaining to the enforcement of toll collection and providing a civil penalty for toll evasion. The civil penalty established by a corporation for any toll evasion shall not be less than ten dollars nor more than one hundred dollars in addition to any costs imposed by a court. A corporation 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. (3) (a) A person who evades a toll established by a corporation shall be subject to the civil penalty established by the corporation for toll evasion. A peace officer as described in section 16-2.5-101, C.R.S., shall have the authority to issue civil penalty assessments, or municipal summons and complaints if authorized pursuant to a municipal ordinance, for the toll evasion. (b) At any time that a person is cited for toll evasion, the person operating the motor vehicle involved shall be given either a notice in the form of a civil penalty assessment notice or a municipal summons and complaint. If a civil penalty assessment notice is issued, the notice shall be tendered by a peace officer as described in section 16-2.5-101, C.R.S., and shall contain the name and address of the person, the license number of the motor vehicle involved, the number of the person's driver's license, the nature of the violation, the amount of the penalty prescribed for the violation, the date of the notice, a place for the person to execute a signed acknowledgment of the person's receipt of the civil penalty assessment notice, a place for the person to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear in court should the prescribed penalty not be paid within twenty days. Every cited person shall execute the signed acknowledgment of the person's receipt of the civil penalty assessment notice. (c) The acknowledgment of liability shall be executed at the time the cited person pays the prescribed penalty. The person cited shall pay the civil penalty authorized by the corporation involved at the office of the corporation, either in person or by postmarking the payment within twenty days of the citation. If the person cited does not pay the prescribed penalty within twenty days of the civil penalty assessment notice, the notice shall constitute a complaint to appear in court, and the person cited shall, within the time specified in the notice, file an answer to the complaint with the county court for the county in which the notice was issued. (d) If a municipal summons and complaint is issued, the adjudication of the violation shall be conducted and the format of the summons and complaint shall be determined pursuant to the terms of the municipal ordinance authorizing issuance of the summons and complaint. In no case shall the penalty upon conviction for violation of a municipal ordinance for toll evasion exceed the limit established in subsection (2) of this section. (4) The respective courts of the municipalities, counties, and the cities and counties of Denver and Broomfield are given jurisdiction to try all cases arising under municipal ordinances and state laws governing the use of a toll road or toll highway operated by a corporation and arising under the toll evasion civil penalty regulations adopted by the corporation. Venue for the cases shall be in the municipality, county, or city and county where the alleged violation of municipal ordinance, state law, or a regulation adopted by a corporation occurred. (5) The aggregate amount of penalties, exclusive of court costs, collected as a result of civil penalties imposed pursuant to resolutions adopted as authorized in subsection (2) of this section shall be remitted to the corporation in whose name the civil penalty assessment notice was issued and shall be applied by the corporation to defray the costs and expenses of enforcing the laws of the state, any applicable municipality, and the regulations of the corporation. If a municipal summons or complaint is issued, the aggregate penalty shall be apportioned pursuant to the terms of any enforcement agreement. (6) (a) In addition to the penalty assessment procedure provided for in subsection (3) of this section, where an instance of toll evasion is evidenced by automatic vehicle identification photography or other technology not involving a peace officer, a civil penalty assessment notice may be issued and sent by first-class mail, or by any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, by the corporation to the registered owner of the motor vehicle involved. The notice shall contain the name and address of the registered owner of the vehicle involved, the license number of the vehicle involved, the time and location of the violation, the amount of the penalty prescribed for the violation, a place for the person to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear in court. (b) In addition to any other liability provided for in this section, the owner of a motor vehicle who is engaged in the business of leasing or renting motor vehicles is liable for payment of a toll evasion violation civil penalty; except that, at the discretion of the owner: (I) The owner may obtain payment for a toll evasion violation civil penalty from the person or company who leased or rented the vehicle at the time of the toll evasion through a credit or debit card payment and forward the payment on to the corporation; or (II) The owner may seek to avoid liability for a toll evasion violation civil penalty if the owner of the leased or rented motor vehicle can furnish sufficient evidence that, at the time of the toll evasion violation, the vehicle was leased or rented to another person. To avoid liability for payment, the owner of the motor vehicle shall, within thirty days after receipt of the notification of the toll evasion violation, furnish to the corporation an affidavit containing the name, address, and state driver's license number of the person or company who leased or rented the vehicle. As a condition to avoid liability for payment of a toll evasion violation civil penalty, any person or company who leases or rents motor vehicles to a person shall include a notice in the leasing or rental agreement stating that, pursuant to the requirements of this section, the person renting or leasing the motor vehicle is liable for payment of a toll evasion violation civil penalty incurred on or after the date the person renting or leasing the vehicle takes possession of the motor vehicle. The notice shall inform the person renting or leasing the motor vehicle that the person's name, address, and state driver's license number shall be furnished to the corporation when a toll evasion violation civil penalty is incurred during the term of the lease or rental agreement. (c) Should the prescribed penalty not be paid within twenty days, in order to ensure that adequate notice has been given, the corporation shall send a second civil penalty assessment notice by certified mail, return receipt requested, or by any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to certified mail, return receipt requested, with respect to receipt verification and delivery speed, reliability, and price, containing the same information as set forth in paragraph (a) of this subsection (6). The notice shall specify that the alleged violator may pay the same penalty assessment at any time prior to the scheduled hearing. (d) The provisions of paragraph (c) of subsection (3) of this section relating to payment of the prescribed penalty and failure to pay shall apply to civil penalty assessment notices mailed by a corporation. (7) A court shall report to the department of revenue any outstanding judgment or warrant or any default judgment for purposes of section 42-2-107 (5), C.R.S., for any toll evasion, including the driver's license number and the date of birth of the cited person. The department has no authority to assess any points against a license under section 42-2-127, C.R.S., upon entry of a conviction or judgment for any toll evasion. 7-45-105. Conveyance of assets. A corporation may transfer a toll road, toll highway, or franchise, or any interest in a corporation, toll road, toll highway, or franchise, to any natural person, corporation, partnership, association, joint venture, or political subdivision or agency of the state and, in conjunction with a transfer, may retain easements or interests as agreed upon with the transferee. The transferee shall have all of the powers that the corporation had in connection with the toll road, toll highway, or franchise. If the toll road, toll highway, or franchise is transferred to a political subdivision or agency of the state, section 7-45-101 shall not apply to the political subdivision or agency or the toll road, toll highway, or franchise. 7-45-106. Local government regulation of land use activities - no impairment. The provisions of this article are not intended to and shall not be construed to abrogate, supersede, interfere with, limit, or otherwise modify any power to regulate land use activities granted by law or by the state constitution to a county or municipality that has jurisdiction over territory in which any portion of a toll road or toll highway is located. SECTION 3. 43-4-812 (3), Colorado Revised Statutes, is amended to read: 43-4-812. Applicability of other laws. (3) Notwithstanding any other law to the contrary, the provisions of part 3 of article 3 of this title and article 45 of title 7, C.R.S., shall not apply to any toll highway that is financed, constructed, operated, or maintained pursuant to this part 8 or to any public-private initiative pursuant to section 43-1-1203 or 43-1-1204. SECTION 4. Repeal. Part 3 of article 3 of title 43, Colorado Revised Statutes, is repealed. SECTION 5. 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.