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HOUSE BILL 981047
BY REPRESENTATIVES McPherson, Pfiffner, and Tucker;
also SENATORS Powers and Chlouber.
CONCERNING REGULATION BY THE DEPARTMENT OF TRANSPORTATION
OF SIGNS LOCATED ON RIGHTSOFWAY OF INTERSTATE HIGHWAYS,
AND, IN CONNECTION THEREWITH, AUTHORIZING THE PLACEMENT OF BUSINESS
SIGNS FOR TOURISTORIENTED ATTRACTIONS, AUTHORIZING THE PLACEMENT
OF BUSINESS SIGNS IN URBANIZED AREAS, AND ALLOWING FOR THE FINANCING
OF SUCH SIGNAGE THROUGH PUBLICPRIVATE INITIATIVES.
Be it enacted by the General Assembly of the State
SECTION 1. Legislative declaration.
(1) The general assembly finds, determines, and declares
(a) The purpose of this act is to encourage
cooperation between the state and private businesses in the provision
of useful information to the traveling public, not to usurp functions
properly performed by the private sector nor to compete unfairly
with private businesses;
(b) The role of the department of transportation
in administering this act should be as nonintrusive and evenhanded
as possible consistent with the public purpose to be achieved;
(c) The department shall administer this
act in a competitively neutral fashion and shall, in all its dealings
with private businesses pursuant to this act, follow a procompetitive
and businessfriendly approach.
SECTION 2. 431420,
Colorado Revised Statutes, is amended to read:
431420. Specific information
signs and touristoriented directional signs authorized.
(1) (a) The department may erect, administer,
and maintain signs within highway rightsofway upon
the interstate system, which rightsofway are outside
urbanized areas, for the display of advertising and information
of interest to the traveling public, pursuant to the federal authority
therefor as set forth in 23
U.S.C. secs. 109 (d), 131 (f), and 315 and 49 CFR 1.48 (b).
(b) IN ADDITION TO ERECTING, ADMINISTERING,
AND MAINTAINING THE SIGNS AUTHORIZED BY PARAGRAPH (a) OF THIS
SUBSECTION (1), THE DEPARTMENT MAY AUTHORIZE THE ERECTION, ADMINISTRATION,
AND MAINTENANCE OF SPECIFIC INFORMATION SIGNS WITHIN HIGHWAY RIGHTSOFWAY
UPON THE INTERSTATE SYSTEM IN URBANIZED AREAS FOR THE PURPOSE
OF PROVIDING INFORMATION REGARDING TOURISTORIENTED ATTRACTIONS
OF REGIONAL INTEREST TO THE TRAVELING PUBLIC.
purposes of this subsection (1) AS
USED IN THIS SECTION, "urbanized area" means that area
within the boundary of a metropolitan area having a population
of fifty thousand or more as determined by the United States bureau
of the census in its latest census and as included on the urbanized
area map approved by the department.
(2) The department may issue permits for
business signs to be installed on specific information signs,
all such specific information signs and business signs to be constructed
and installed at the expense of the business being identified
UNLESS OTHERWISE SPECIFIED BY A CONTRACTOR IN AN AGREEMENT NEGOTIATED
PURSUANT TO SECTION 4311202 (1) (a) (XI). Permits
for such business signs shall be issued for a period of one year,
beginning each January 1, without proration for periods less than
a year. Each application for an initial permit or for a renewal
of an existing permit shall be accompanied by an administration
and maintenance fee to be determined by the department OR BY THE
CONTRACTOR IN AN AGREEMENT NEGOTIATED PURSUANT TO SECTION 4311202
(1) (a) (XI).
In no case shall the
required fee exceed the actual cost of erecting the sign, maintaining
the sign, and administration of the program.
In the event that the number of applications for permits for a
particular location exceeds the number of business signs which
THAT can be accommodated at that location, the department OR,
IF SO SPECIFIED IN AN AGREEMENT NEGOTIATED PURSUANT TO SECTION
4311202 (1) (a) (XI), THE CONTRACTOR, shall develop
a method for the annual rotation of such business signs. THE DEPARTMENT
SHALL NOT CONDITION ELIGIBILITY FOR BUSINESS SIGNS ON THE UTILIZATION
OF ANY OTHER OFFPREMISE OUTDOOR ADVERTISING DEVICES.
(3) The department may issue permits and
for the erection, administration, and maintenance of touristoriented
directional signs within highway rightsofway not on
the interstate system, freeways, or expressways, as such highways
are defined in such rules, and regulations,
for the display of information of interest to the traveling public
pursuant to the federal authority therefor as set forth in 23
U.S.C. secs. 109 (d), 315, and 402 (a); 49 CFR 1.48 (b); and in
accordance with federal requirements. Any touristoriented
directional sign erected pursuant to this subsection (3) shall
be required to comply with all applicable regulations of the county,
city and county, or municipality in which such sign is located.
A county, city and county, or municipality may choose to authorize
such signs within its jurisdiction by adoption of a resolution
to that effect by the governing body of that county, city and
county, or municipality, which resolution shall be directed to
the executive director of the department or his
THE EXECUTIVE DIRECTOR'S designee. Upon receipt of such resolution,
the department shall authorize further implementation of the touristoriented
directional sign program within the affected jurisdiction subject
to the rules and regulations
adopted by the department. THE DEPARTMENT SHALL NOT CONDITION
ELIGIBILITY FOR BUSINESS SIGNS ON THE UTILIZATION OF ANY OTHER
OFFPREMISE OUTDOOR ADVERTISING DEVICES.
the provisions of subsection (2) of this section,
The department may contract with private businesses to implement
all or part of the touristoriented
directional sign program authorized by this subsection (3) if
it is determined by the department that such private businesses
can perform that function at a lower cost than the department
SIGN PROGRAMS AUTHORIZED BY THIS SECTION PURSUANT TO THE PUBLICPRIVATE
INITIATIVES PROGRAM SET FORTH IN PART 12 OF THIS ARTICLE.
SECTION 3. 4311202
(1) (a), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
4311202. Department powers.
(1) Notwithstanding any other law, the department
(a) Solicit and consider proposals, enter
into agreements, grant benefits, and accept contributions for
publicprivate initiatives pursuant to this part 12 concerning
any of the following:
(XI) THE SPECIFIC INFORMATION AND TOURISTORIENTED
DIRECTIONAL SIGN PROGRAMS AUTHORIZED IN SECTION 431420.
THE DEPARTMENT MAY PROVIDE BY CONTRACT FOR PRIVATE BUSINESSES
TO PAY A REASONABLE FEE TO THE DEPARTMENT TO REFLECT THE COST
OF THE USE OF HIGHWAY RIGHTSOFWAY AND THE DEPARTMENT'S
COSTS OF ADMINISTERING THE PROGRAM.
SECTION 4. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
GOVERNOR OF THE STATE