Struck = removed from the bill ·
added = the amendment's new text.
FirstSB231_H_TRA.001 RegularHOUSE SessionCOMMITTEE Seventy-first General Assembly STATE OF COLORADOREFERENCE REENGROSSEDREPORT This_______________________________ VersionApril Includes5, All2017 AmendmentsChairman Adoptedof inCommittee theDate HouseCommittee ofon IntroductionTransportation LLS& NO.Energy .
17-0283.01After Kristenconsideration Forrestalon x4217the SENATEmerits, BILLthe 17-231Committee SENATErecommends SPONSORSHIPthe Moreno,following: Kerr, Martinez Humenik, Tate HOUSE SPONSORSHIP Thurlow, Arndt, Hooton, Nordberg Senate Committees House Committees Transportation A BILL FOR AN ACT C ONCERNING THE SCHEDULED REPEAL OF REPORTS BY THE DEPARTMENT OF TRANSPORTATION TO THE GENERAL ASSEMBLY .
BillSB17-231 Summarybe eamended (Note:as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
ThisAmendreengrossedbill,page4,strikelines11through20andsubstitute: summary applies to this bill as introduced and does n 7 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill m 0 T n , passes third reading in the house of introduction, a bill summary that A U 2 applies to the reengrossed version of this bill will be available at E i h S a a http://leg.colorado.gov/.) R M r Statutory Revision Committee.
Pursuant"SECTION5. to section 24-1-136 (11)(a)(I), Colorado Revised Statutes, any report that is required to be made to the general assembly by an executive agency or the judicial g i branch on a periodic basis expires on the day after the third anniversary a 1 of the date onwhichthefirstreportwas due unless the general assembly, E R 2 A n 8 N 2 2 Shading denotes HOUSE amendment.
DoubleIn underliningColorado denotesRevised SENATEStatutes, amendment.repeal 43-4-713as follows:
S e r Capital letters indicate new material to be added to existing statute.
n a Dashes through the words indicate deletions from existing statute.
e M A acting by bill, continues the requirement.
The bill addresses reporting requirements of the department of transportation.
Sections 1 and 2 and 4 through 9 of the bill repeal a report that was scheduled to repeal according to section 24-1-136 (11)(a)(I).
Currently there is no repeal date listed in the organic statute.
Section 3 of the bill adds a repeal date in the organic statute that coincides with the scheduled repeal date specified in section 24-1-136 (11)(a)(I).
Be it enacted by the General Assembly of the State of Colorado:
SECTION1.
InColoradoRevisedStatutes,42-4-1306,repeal(4) as follows:
42-4-1306.
Coloradotaskforceondrunkandimpaireddriving - creation - legislative declaration.
(4) The task force shall report its findings and recommendations to the judiciary committees of the house of representatives and the senate, or any successor committees, on or before January 15, 2007, and on or before each January 15 thereafter.
SECTION2.
InColoradoRevisedStatutes,42-4-1612,repeal(1) as follows:
42-4-1612.
Accidents in state highway work areas.
(1) On or before February 15, 2011, and on or before February 15 of each succeeding year, the department of transportation and the Colorado state patrol shall present a joint report to the transportation and energy committee of the house of representatives and the transportation committee of the senate, or any successor committees, regarding fatal accidents in state highway work areas during the preceding year.
The report shall include, at a minimum:
(a) A summaryof the total number of fatal accidents and the total number of individuals killed;
(b) A categorization of the total number of individuals killed that -2- 231 identifies the individuals as employees of the department of transportation, employees of contractors or subcontractors working on a project for the department, or other individuals;
(c) A copyof the accident reporting form for each fatal accident;
(d) A description of both ongoing and newly implemented measures taken by the department of transportation to prevent fatal accidents in state highway work areas.
SECTION3.
InColoradoRevisedStatutes,43-1-123,amend(4) as follows:
43-1-123.
Projectclosureandprojectreportingrequirements - repeal.
(4) (a) On or after July 1, 2016, and on ander July 1 of each year thereafter, the department shall report to the transportation legislationreviewcommitteecreatedinsection43-2-145(1)regardingall policy amendments made to the statewide transportation improvement planthatwereadoptedduringthemostrecentlyendedfiscalyearandthat added or deleted a project from the plan or modified the funding priority of any project included in the plan.
The report shall include an explanation of the reasons for each reported policy amendment.
(b) PRSUANT TO SECTION 24-1-136 (11)(a)(THIS SUBSECTION (4)IS REPEALED,EFFECTIVE JULY 2, 2019.
SECTION4.
InColoradoRevisedStatutes,43-4-404,amend(1) as follows:
43-4-404.
Formula for allocation of moneys.
(1) The office of transportation safety shall allocate not less than thirty percent and not more than fifty percent of the moneys allocated to the office pursuant to section43-4-402(2)tocountiesthathaveestablishedaqualifieddrunken driving prevention and law enforcement program.
The intent of the -3- 231 general assemblyis that these moneys be expended in a manner that will improve enforcement of drunken driving laws.
To this end, rules for the distribution of these moneys shall be developed by the office of transportationsafety.Theofficeshallreportannuallytothetransportation legislationreviewcommitteeonthedistributionandexpenditureofthese funds and the nature and purpose of the programs.
All moneys appropriatedhereunder shall be used for drunken driving prevention and law enforcement improvement by counties and not for statewide programs.
SECTION5.
InColoradoRevisedStatutes,43-4-713,amend(1) introductory portion as follows:
(1) NOTWITHSTANDINGNo SECTION 24-1-136(11)(A)(I), no later than January 15, 2001, andandnolaterthanJanuary15ofeachyearthereafter,theexecutivedirector no later than January 15 of each year thereafter, the executive director shall submit a report to the members of the joint budgetbudgetcommittee committee of the general assembly, the members of the legislative audit committee of the generalgeneralassembly,thechairofthetransportationandenergycommitteeof assembly,thehouseofrepresentatives,andthechairofthetransportationcommittee the chair of the transportation and energy committee of the houseofrepresentatives,andthechairofthetransportationcommitteeof the senate that includes, at a minimum, the following information:
SECTION6.(a) The total amount of revenue anticipation notes issued by the executive director in accordance with this part 7;
InColoradoRevisedStatutes,43-4-805,repeal(6)(b) asThequalifiedfederalaidtransportationprojectsforwhich follows:the proceeds from such revenue anticipation notes have been expended, the amount of note proceeds expended on each project, the status of each project, and the estimated date of completion for such projects not yet completed;
43-4-805.(c) The total amount of federal transportation funds paid to the department since such revenue anticipation notes have been issued;
Statewideand bridge(d) enterpriseThe -total creationamount -of boardproceeds -from fundsthe -issuance powersof revenue anticipationnotes,statematchingfunds,andfederaltransportationfunds allocated by the commission in each state fiscal year for the payment of suchrevenueanticipationnotesandthecostsassociatedwiththeissuance *SB231_H_TRA.001* and dutiesadministration -of legislativesuch declaration.notes.".
(6)Page No5, laterstrike thanlines February15,11 2010,through and27 no later than February15 of each year thereafter, thebridgeenterpriseshallpresentareporttothecommitteesof thehouse of representatives and thesubstitute: senate that have jurisdiction over -4- 231 transportation.
The"SECTION report7. shall include a summary of the bridge enterprise'sactivitiesforthepreviousyear,asummaryofthestatusofany current designated bridge projects, a statement of the enterprise's revenues and expenses, an estimate of the number of jobs created or preserved as a result of the enterprise's activities, and any recommendations for statutory changes that the enterprise deems necessary or desirable.
TheIn committeesColorado shallRevised reviewStatutes, the43-4-806, reportamend and(10) mayas recommendfollows: legislation.
The report shall be public and shall be available on the website of the department on or before January 15 of the year in which the report is presented.
SECTION7.
InColoradoRevisedStatutes,43-4-806,repeal(10) as follows:
(10) NoN laterOTWITHSTANDING thanSECTION February15,24-1-136(11)(a)(I),nolaterthanFebruary15,2010,andnolater 2010, and no later than February 15 of each year thereafter, the transportation enterprise shall present a report to the committees of the house of representatives and the senate that have jurisdiction over transportation.
The report shall include a summary of the transportation enterprise'sactivitiesforthepreviousyear,asummaryofthestatusofanyenterprise's activities for the previous year, a summary of the status of any current surface transportation infrastructure projects, a statement of the enterprise's revenues and expenses, and any recommendations for statutory changes that the enterprise deems necessary or desirable.
The committees shall review the report and mayrecommendmay recommend legislation.
The report shall be public and shall be available on the website of the department on or before January 15 of the year in which the report is presented.presented.".
-5-** 231*** SECTION** 8.*** ** *SB231_H_TRA.001* -2-
In Colorado Revised Statutes, repeal 43-4-813 as follows:
43-4-813.
Transportation deficit report - annual reporting requirement.
No later than June 30, 2009, and no later than March 1 of any fiscal year in which road or bridge safety surcharges are imposed pursuant to section 43-4-804 (1) (a) or 43-4-805 (5) (g), the department shall prepare and present to the transportation and energy committee of the house of representatives and the transportation committee of the senate, or any successor committees, a transportation deficit report that separately addresses the goals of repairing deficient highways and bridges, as evidenced by a C or D rating, sustaining existing transportation system performance levels, and achieving the corridor visionsdescribedbyregionaltransportationplansandpublicpreferences.
For each goal, the report shall include a listing of the annual costs for eachofthenexttenfiscalyearsofachievingthegoal;theannualincrease and rate of increase of the costs;
the factors contributing to the costs, including, but not limited to, the rate and geographic distribution of population growth, vehicle size and weight, land use policies, and work patterns;
methods of reducing the impact of the cost factors, including, but not limited to, land use policy changes, increased use of transit, telecommuting, and peak transportation system demand reduction practices and economic incentives;
and a comparison of the costs of mitigating the cost factors and the costs of achieving the goal by repairing, upgrading, or expanding the transportation system.
The report shall explain why any cost estimate for a goal differs by more than five percent from any department estimate of such costs published before March 2, 2009, and shall separately account for cost overruns other than -6- 231 overrunsattributabletoincreasesintheColoradoconstructioncostindex.
Thedepartmentshallpublishthereportonitswebsiteinaformatthatcan be downloaded.
SECTION9.
InColoradoRevisedStatutes,43-10-109,repeal(4) as follows:
43-10-109.
Aviation fund created.
(4) No later than November 1, 2003, and no later than November 1 of each year thereafter, the department of transportation shall submit a report to the members of the joint budget committee that includes, at a minimum, the following information:
(a) The amounts, recipients, and purposes of moneys transferred from the fund during the prior state fiscal year:
(I) (Deleted by amendment, L.
2009, (HB 09-1066), ch.
82, p.
302, § 4, effective August 5, 2009.) (II) To the airport operating fund of the governmental entity operating the FAA-designated public-use airport pursuant to section 43-10-110 (2) (a);
and (III) For the awarding of state aviation system grants pursuant to section 43-10-108.5;
(b) The balance remaining in the fund as of June 30 of each state fiscal year and an explanation of any such balance;
and (c) Any additional information pertaining to the transfer of moneys from the fund as the joint budget committee may request in the exercise of its discretion.
SECTION 10.
Act subject to petition - effective date.
This act takes effect at 12:01 a.m.
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(August -7- 231 9, 2017, if adjournment sine die is on May 10, 2017);
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 2018 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
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