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Amendments for HB08-1007 House Journal, March 7 5 HB08-1007 be amended as follows, and as so amended, be referred to 6 the Committee of the Whole with favorable 7 recommendation: 8 9 Amend printed bill, page 2, after line 1, insert the following: 10 11 "SECTION 1. 7-45-101 (1), Colorado Revised Statutes, is 12 amended to read: 13 14 7-45-101. Formation of toll road or toll highway company - 15 description of corridor. (1) A toll road or toll highway company shall 16 be formed under Colorado law, and its filed formation document shall 17 specify and map a three-mile corridor within which a toll road or toll 18 highway or a toll road or toll highway project will be located and identify 19 the general location of the termini within the corridor ON AND AFTER THE 20 EFFECTIVE DATE OF THIS SUBSECTION (1), AS AMENDED, A TOLL ROAD OR 21 TOLL HIGHWAY COMPANY MAY NOT SPECIFY AND MAP A TRANSPORTATION 22 CORRIDOR IN ITS FILED FORMATION DOCUMENT. If a toll road or toll 23 highway company complies with the provisions of this article, it shall 24 have the power to erect toll gates and set and collect tolls.". 25 26 Renumber succeeding sections accordingly. 27 28 Page 2, line 2, strike "(1) and (3)," and substitute "(1),"; 29 30 line 3, strike "are" and substitute "is". 31 32 Page 3, line 7, strike "OR" and substitute "AND". 33 34 Page 4, line 9, strike "LEGALLY"; 35 36 line 24, strike "LAWFULLY". 37 38 Page 5, strike lines 5 through 9; 39 40 line 10, strike "(2) and (5) (a)," and substitute "(2),"; 41 42 line 11, strike "are" and substitute "is"; 43 44 strike lines 23 through 27. 45 46 Page 6, strike lines 1 through 10 and substitute the following: 47 48 "initiative between the department and the company. Such a toll road or 49 toll highway company shall, within six months after the date of filing of 50 its filed formation document, file and record with the county clerk and 51 recorder of each county SEND TO EACH MUNICIPAL, COUNTY, AND 52 REGIONAL PLANNING COMMISSION THAT IS RESPONSIBLE FOR PLANNING IN 53 ANY AREA through which any portion of the proposed toll road or toll 54 highway will pass a map or survey of the proposed route of the toll road 55 or toll highway. The toll road or toll highway company shall include with 56 the map or survey a statement of the proposed route of the toll road or toll 1 highway, within three miles, and a listing of all property over or across 2 which the proposed toll road or toll highway will be constructed, and shall 3 file and record ALSO SEND TO EACH AFFECTED COMMISSION supplementary 4 maps, surveys, statements, and listings upon any lawful change of the 5 proposed route of the toll road or toll highway.". 6 7 House Journal, March 24 7 Amendment No. 1, by Representative Looper. 8 9 Strike the Transportation & Energy Committee Report, dated 10 March 6, 2008, and substitute the following: 11 12 "Amend printed bill, strike everything below the enacting clause and 13 substitute the following: 14 15 "SECTION 1. 7-45-101 (1), (3), and (4), Colorado Revised 16 Statutes, are amended to read: 17 18 7-45-101. Formation of toll road or toll highway company - 19 description of corridor. (1) A toll road or toll highway company shall 20 be formed under Colorado law, and its filed formation document shall 21 specify and map a three-mile corridor within which a toll road or toll 22 highway or a toll road or toll highway project will be located and identify 23 the general location of the termini within the corridor ON AND AFTER THE 24 EFFECTIVE DATE OF THIS SUBSECTION (1), AS AMENDED, A TOLL ROAD OR 25 TOLL HIGHWAY COMPANY MAY NOT SPECIFY AND MAP A TRANSPORTATION 26 CORRIDOR IN ITS FILED FORMATION DOCUMENT. EXCEPT AS OTHERWISE 27 PROVIDED IN THIS ARTICLE, A PREEXISTING TOLL ROAD OR TOLL HIGHWAY 28 COMPANY SHALL HAVE THE EXCLUSIVE RIGHT TO DEVELOP OR SEEK 29 APPROVAL TO DEVELOP A TOLL ROAD OR TOLL HIGHWAY WITHIN THE 30 THREE-MILE CORRIDOR SPECIFIED AND MAPPED IN ITS FILED FORMATION 31 DOCUMENT AS REQUIRED BY THIS SUBSECTION (1) BEFORE THE EFFECTIVE 32 DATE OF THIS SUBSECTION (1), AS AMENDED. If a toll road or toll highway 33 company complies with the provisions of this article, it shall have the 34 power to erect toll gates and set and collect tolls. 35 36 (3) Nothing in articles 30 to 52, 101 to 117, or 121 to 137 of this 37 title shall be construed to authorize a toll road or toll highway company 38 to locate all or any part of its three-mile corridor, as described in 39 subsection (1) of this section, upon any existing toll road, toll highway, 40 or public highway that is, at the time of the formation of the company, 41 used as such, or within five miles of the route or corridor for a future toll 42 road, toll highway, or toll road or toll highway project that has been 43 designated in any previously filed formation document except as 44 necessary to cross the toll road, toll highway, project, route, or corridor. 45 46 (4) On June 6, 2006, any toll road or toll highway company whose 47 existing certificate of incorporation specifies the route of a future toll 48 road or toll highway or the location of a future toll road or toll highway 49 project, or any affiliate of such a company, shall have the exclusive right 50 for a period of ninety days to file new or amended formation documents 51 that encompass land within the specified route. 52 53 SECTION 2. 7-45-102, Colorado Revised Statutes, is amended 54 BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to 55 read: 56 1 7-45-102. Definitions. As used in this article, unless the context 2 otherwise requires: 3 4 (7.3) "NEW TOLL ROAD OR TOLL HIGHWAY COMPANY" MEANS A 5 TOLL ROAD OR TOLL HIGHWAY COMPANY THAT, AS OF THE EFFECTIVE 6 DATE OF THIS SUBSECTION (7.3), HAS NOT SPECIFIED AND MAPPED A 7 THREE-MILE CORRIDOR IN ITS FILED FORMATION DOCUMENT AS WAS 8 REQUIRED BY SECTION 7-45-101 (1) BEFORE THE EFFECTIVE DATE OF THIS 9 SUBSECTION (7.3). 10 11 (7.5) "PREEXISTING TOLL ROAD OR TOLL HIGHWAY COMPANY" 12 MEANS A TOLL ROAD OR TOLL HIGHWAY COMPANY THAT, AS OF THE 13 EFFECTIVE DATE OF THIS SUBSECTION (7.5), HAD SPECIFIED AND MAPPED 14 A THREE-MILE CORRIDOR IN ITS FILED FORMATION DOCUMENT AS WAS 15 REQUIRED BY SECTION 7-45-101 (1) BEFORE THE EFFECTIVE DATE OF THIS 16 SUBSECTION (7.5). 17 18 SECTION 3. 7-45-103, Colorado Revised Statutes, is amended 19 to read: 20 21 7-45-103. Deadline to commence work - maintenance of effort 22 requirement. A PREEXISTING toll road or toll highway company shall 23 commence work, including but not limited to planning, design, 24 environmental mitigation, and other preconstruction work, on the toll 25 road or toll highway proposed in the ITS filed formation document no later 26 than three years after the filing of the document or within one year after 27 receiving all necessary approvals for construction. If any necessary 28 approval is the subject of administrative or judicial review, then the 29 one-year period shall be automatically extended until one year after all 30 administrative or judicial review has been concluded. The PREEXISTING 31 toll road or toll highway company and any successor toll road or toll 32 highway company shall continue the work from day to day until at least 33 five hundred thousand dollars have been expended on the toll road or toll 34 highway. If the PREEXISTING toll road or toll highway company fails to 35 perform the required work, it shall forfeit all rights acquired under its 36 filed formation document and be administratively dissolved TO DEVELOP 37 AND CONSTRUCT THE PROPOSED TOLL ROAD OR TOLL HIGHWAY If the 38 PREEXISTING toll road or toll highway company performs the required 39 work, it shall have the exclusive right to develop or seek approval to 40 develop a toll road or toll highway within the three-mile corridor 10141 specified in its filed formation document as required by section 7-45- 42 (1) BEFORE THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED. 43 44 SECTION 4. 7-45-104 (1), Colorado Revised Statutes, is 45 amended to read: 46 47 7-45-104. Acquisition of right-of-way. (1) Notwithstanding the 48 provisions of section 38-2-101, C.R.S., on and after June 6, 2006, a 49 PREEXISTING toll road or toll highway company shall not have the power 50 to exercise the right of eminent domain to acquire any part of the 51 right-of-way of the three-mile corridor of a proposed toll road or toll 52 highway specified in the filed formation document of the company as 53 required by section 7-45-101 (1) AND A NEW TOLL ROAD OR TOLL 54 HIGHWAY COMPANY SHALL NOT HAVE THE POWER TO EXERCISE THE RIGHT 55 OF EMINENT DOMAIN TO ACQUIRE ANY PART OF THE RIGHT-OF-WAY OF A 56 TOLL ROAD OR TOLL HIGHWAY IT PROPOSES TO CONSTRUCT. Nothing 1 herein shall prohibit a PREEXISTING OR NEW toll road or toll highway 2 company from entering into a public-private initiative with the 123 department of transportation in accordance with the provisions of part 4 of article 1 of title 43, C.R.S., and as authorized in section 7-45-111 for 5 the purpose of enabling the construction of such a toll road or toll 6 highway, but in such a case the power of eminent domain shall not be 7 exercised by the toll road or toll highway company and may be exercised 8 by the department only for purposes of acquiring property and 9 rights-of-way necessary for the completion of a toll road or toll highway 10 open to the public that is incorporated into the comprehensive statewide 11 transportation plan prepared pursuant to section 43-1-1103 (5), C.R.S. 12 The department may not use the power of eminent domain provided in 13 this section to acquire a cemetery, as defined in section 10-15-102 (2), 14 C.R.S., or property owned by or primarily used by a religious 15 organization. In exercising the power of eminent domain, the department 16 shall comply with all laws and administrative rules that govern the 17 department's use of eminent domain for state highway projects, and the 18 rights-of-way acquired shall form a corridor no larger than that approved 19 by all affected metropolitan planning organizations, regional planning 20 commissions, and the transportation commission pursuant to sections 21 7-45-105 and 7-45-106. In accordance with section 43-1-1204 (3) (b), 22 C.R.S., the department may not sell or otherwise transfer ownership of 23 property or rights-of-way acquired through the exercise of the power of 24 eminent domain as authorized by this section to a toll road or toll highway 25 company. 26 27 SECTION 5. 7-45-105 (1) and (3) (b), Colorado Revised 28 Statutes, are amended to read: 29 30 7-45-105. Planning standards and project review. (1) A 31 PREEXISTING OR NEW toll road or toll highway company shall not 32 commence the construction of a toll road or toll highway or of any other 33 element of a toll road or toll highway project until the toll road or toll 34 highway or other element has been reviewed by every metropolitan 35 planning organization or regional planning commission that is located in 36 whole or in part within the three-mile corridor designated by the 37 PREEXISTING toll road or toll highway company as required by section 38 7-45-101 (1) BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (1), AS 39 AMENDED, OR THAT IS LOCATED IN WHOLE OR IN PART WITHIN THE 40 PROPOSED ROUTE OF THE TOLL ROAD OR TOLL HIGHWAY PROPOSED BY THE 41 NEW TOLL ROAD OR TOLL HIGHWAY COMPANY and has been included in 42 the regional transportation plan in effect for the region pursuant to section 43 43-1-1103, C.R.S., and in the comprehensive statewide transportation 44 plan required pursuant to section 43-1-1103 (5), C.R.S. In designated 45 nonattainment areas for any pollutant pursuant to the federal "Clean Air 46 Act", 42 U.S.C. sec. 7401 et seq., as amended, a metropolitan planning 47 organization or regional planning commission shall not include a toll road 48 or toll highway project in the regional transportation plan unless the 49 organization or commission has performed an emissions analysis that 50 demonstrates that regional emissions and local project emissions will 51 continue to conform to the state implementation plan if the project is 52 added to the regional transportation plan. The toll road or toll highway 53 company shall pay the reasonable actual costs for the emissions analysis. 54 Each organization or commission may condition its addition of a toll road 55 or toll highway project into the regional transportation plan upon 56 acceptable environmental mitigation activities and commitments to offset 1 incremental costs of public services that will be necessary as a result of 2 development of the project within the planning region. 3 4 (3) (b) Upon request of a local government located in whole or in 5 part within the three-mile corridor of a proposed toll road or toll highway 6 or toll road or toll highway project as specified pursuant to AND MAPPED 7 BY A PREEXISTING TOLL ROAD OR TOLL HIGHWAY COMPANY IN ITS FILED 8 FORMATION DOCUMENT AS REQUIRED BY section 7-45-101 (1) BEFORE THE 9 EFFECTIVE DATE OF THIS PARAGRAPH (b), AS AMENDED, OR LOCATED IN 10 WHOLE OR IN PART WITHIN THE PROPOSED ROUTE OF A TOLL ROAD OR TOLL 11 HIGHWAY PROPOSED BY A NEW TOLL ROAD OR TOLL HIGHWAY COMPANY, 12 a PREEXISTING OR NEW toll road or toll highway company shall consult 13 with representatives from the local government and shall consider 14 available mitigation of demonstrable negative impacts on the local 15 government or its citizens that would result from the construction, 16 operation, or financing of the toll road or toll highway or project. 17 18 SECTION 6. 7-45-108, Colorado Revised Statutes, is 19 REPEALED AND REENACTED, WITH AMENDMENTS, to read: 20 21 7-45-108. Notice requirements for proposed toll roads and toll 22 highways - removal from titles and voiding of previously filed and 23 recorded documents. (1) (a) WITHIN NINETY DAYS OF THE EFFECTIVE 24 DATE OF THIS PARAGRAPH (a): 25 26 (I) THE COUNTY CLERK AND RECORDER OF EACH COUNTY IN WHICH 27 A PREEXISTING TOLL ROAD OR TOLL HIGHWAY COMPANY FILED A 28 DISCLAIMER OF INTEREST AND MAP PURSUANT TO PARAGRAPH (b) OF THIS 29 SUBSECTION (1), AS SAID PARAGRAPH (b) EXISTED BEFORE THE EFFECTIVE 30 DATE OF THIS SUBPARAGRAPH (I), SHALL TRANSFER THE MAP, BUT NOT THE 31 DISCLAIMER OF INTEREST, TO THE BOARD OF COUNTY COMMISSIONERS OF 32 THE COUNTY; AND 33 34 (II) A PREEXISTING TOLL ROAD OR TOLL HIGHWAY COMPANY 35 SHALL PROVIDE A COPY OF THE MAP, BUT NOT THE DISCLAIMER OF 36 INTEREST, THAT THE COMPANY FILED PURSUANT TO PARAGRAPH (b) OF 37 THIS SUBSECTION (1), AS SAID PARAGRAPH (b) EXISTED BEFORE THE 38 EFFECTIVE DATE OF THIS SUBPARAGRAPH (II), TO THE GOVERNING BODY 39 OF EACH MUNICIPALITY THAT IS INCLUDED WITHIN THE THREE-MILE 40 CORRIDOR SPECIFIED AND MAPPED IN THE COMPANY'S FILED FORMATION 41 DOCUMENT. 42 43 (b) NOTWITHSTANDING THE PROVISIONS OF SECTION 30-10-406 OR 44 30-10-407, C.R.S., OR ANY OTHER PROVISION OF LAW THAT REQUIRES THE 45 PRESERVATION OF DOCUMENTS BY COUNTY CLERKS AND RECORDERS, THE 46 COUNTY CLERK AND RECORDER OF EVERY COUNTY IN WHICH ANY 47 DOCUMENT DESIGNATED "NOTICE TO CONSTRUCT A TOLL ROAD AND 48 DISCLAIMER OF INTEREST", OR ANY SUBSTANTIALLY SIMILAR OR RELATED 49 DOCUMENT HOWEVER DESIGNATED, WAS RECEIVED FROM A PREEXISTING 50 TOLL ROAD OR TOLL HIGHWAY COMPANY OR ANY PREDECESSOR IN 51 INTEREST THERETO AND RECORDED BY THE CLERK AND RECORDER SHALL 52 REMOVE THE DOCUMENT AND EVERY OTHER RECORD OF THE DOCUMENT 53 THAT MAY EXIST FROM EVERY TITLE TO REAL PROPERTY AFFECTED BY THE 54 DOCUMENT. THE REMOVAL OF DOCUMENTS REQUIRED BY THIS 55 PARAGRAPH (b), HOWEVER ACCOMPLISHED, EFFECTUATES THE VOIDING OF 56 WRITTEN NOTICES, DISCLAIMERS OF INTEREST, AND MAPS DESCRIBED IN 1 SUBPARAGRAPH (I) OF PARAGRAPH (c) OF THIS SUBSECTION (1). 2 3 (c) (I) ANY PROPERLY AUTHORIZED WRITTEN NOTICE, DISCLAIMER 4 OF INTEREST, OR MAP FILED OR RECORDED BY A PREEXISTING TOLL ROAD 5 OR TOLL HIGHWAY COMPANY AS REQUIRED BY SUBSECTION (1) OF THIS 6 SECTION, AS SAID SUBSECTION (1) EXISTED BEFORE THE EFFECTIVE DATE 7 OF THIS PARAGRAPH (c), IS HEREBY DECLARED VOID AND OF NO EFFECT. 8 THE VOIDING OF A WRITTEN NOTICE, DISCLAIMER OF INTEREST, OR MAP 9 PURSUANT TO THIS PARAGRAPH (c) CONCLUSIVELY ESTABLISHES THAT THE 10 WRITTEN NOTICE, DISCLAIMER OF INTEREST, OR MAP DOES NOT AFFECT THE 11 TITLE TO ANY PROPERTY OR HAVE ANY OTHER LEGAL EFFECT, AND A TITLE 12 INSURANCE COMPANY OR TITLE INSURANCE AGENT SHALL EXCLUDE A VOID 13 WRITTEN NOTICE, DISCLAIMER OF INTEREST, OR MAP FROM ANY 14 DOCUMENTS IT PREPARES ON OR AFTER THE EFFECTIVE DATE OF THIS 15 PARAGRAPH (c). 16 17 (II) NO CAUSE OF ACTION AT LAW OR IN EQUITY SHALL BE 18 MAINTAINED BASED UPON: 19 20 (A) THE ACT OF PREPARING, FILING, OR RECORDING A WRITTEN 21 NOTICE, DISCLAIMER OF INTEREST, OR MAP FILED OR RECORDED BY A 22 PREEXISTING TOLL ROAD OR TOLL HIGHWAY COMPANY PURSUANT TO 23 SUBSECTION (1) OF THIS SECTION, AS SAID SUBSECTION (1) EXISTED 24 BEFORE THE EFFECTIVE DATE OF THIS SUB-SUBPARAGRAPH (A), THAT WAS 25 SUBSEQUENTLY VOIDED PURSUANT TO SUBPARAGRAPH (I) OF THIS 26 PARAGRAPH (c); 27 28 (B) THE VOIDING OF SUCH A WRITTEN NOTICE, DISCLAIMER OF 29 INTEREST, OR MAP; OR 30 31 (C) THE INCLUSION OR EXCLUSION OF SUCH A WRITTEN NOTICE, 32 DISCLAIMER OF INTEREST, OR MAP FROM ANY DOCUMENT PREPARED BY A 33 TITLE INSURANCE COMPANY OR TITLE INSURANCE AGENT. 34 35 (2) WITHIN NINETY DAYS OF THE INCLUSION OF A TOLL ROAD OR 36 TOLL HIGHWAY OR ANY OTHER ELEMENT OF A TOLL ROAD OR TOLL 37 HIGHWAY PROJECT PROPOSED BY A PREEXISTING OR NEW TOLL ROAD OR 38 TOLL HIGHWAY COMPANY IN THE COMPREHENSIVE STATEWIDE 39 TRANSPORTATION PLAN AS REQUIRED BY SECTION 7-45-105 (1), THE TOLL 40 ROAD OR TOLL HIGHWAY COMPANY SHALL SEND WRITTEN NOTICE TO EACH 41 PERSON WHO OWNS REAL PROPERTY WITHIN THE PROPOSED ROUTE OF THE 42 PROPOSED TOLL ROAD, TOLL HIGHWAY, OR PROJECT OF THE INTENT OF THE 43 TOLL ROAD OR TOLL HIGHWAY COMPANY TO CONSTRUCT THE PROPOSED 44 TOLL ROAD, TOLL HIGHWAY, OR ELEMENT OF THE PROJECT. THE TOLL 45 ROAD OR TOLL HIGHWAY COMPANY SHALL SEND THE NOTICE BY CERTIFIED 46 MAIL AND SHALL DESCRIBE THE PROPOSED TOLL ROAD, TOLL HIGHWAY, OR 47 PROJECT, INCLUDING ITS LOCATION, TERMINI, IMPROVEMENTS, AND 48 OPERATION. 49 50 SECTION 7. 7-45-109, Colorado Revised Statutes, is amended 51 to read: 52 53 7-45-109. Use of land by toll road or toll highway company - 54 right to repurchase unneeded condemned property. Any interest in 55 real property that is obtained by a PREEXISTING toll road or toll highway 56 company, other than a leasehold interest in property or rights-of-way 1 acquired and owned by the department of transportation as authorized in 2 section 7-45-104, within the three-mile corridor specified AND MAPPED 1013 in its filed formation document AS WAS REQUIRED BY SECTION 7-45- 4 (1) BEFORE THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED, AND ANY 5 INTEREST IN REAL PROPERTY THAT IS OBTAINED BY A NEW TOLL ROAD OR 6 TOLL HIGHWAY COMPANY, OTHER THAN A LEASEHOLD INTEREST IN 7 PROPERTY OR RIGHTS-OF-WAY ACQUIRED AND OWNED BY THE 8 DEPARTMENT OF TRANSPORTATION AS AUTHORIZED IN SECTION 7-45-104, 9 WITHIN THE PROPOSED ROUTE OF THE TOLL ROAD OR TOLL HIGHWAY 10 PROPOSED BY THE NEW TOLL ROAD OR TOLL HIGHWAY COMPANY ON OR 11 AFTER THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED, and that is not 12 used for a toll road or toll highway project shall not be used for 13 commercial, residential, or industrial development; except that this 14 limitation on use shall apply only during the period in which the toll road 15 or toll highway company is developing or operating a toll road or toll 16 highway within the corridor OR PROPOSED ROUTE. If the development or 17 operation of a toll road or toll highway ceases after the department has 18 exercised the power of eminent domain to acquire property deemed at the 19 time of acquisition to be necessary for the completion of the toll road or 20 toll highway as authorized in section 7-45-104, a person from whom the 21 department acquired property through the exercise of eminent domain has 22 an exclusive option to repurchase the property acquired at the price paid 23 for the property as just compensation by the department. The person may 24 exercise the option within eighteen months following the cessation of the 25 development or operation of the toll road or toll highway. 26 27 SECTION 8. 7-45-110 (1) and (2), Colorado Revised Statutes, 28 are amended to read: 29 30 7-45-110. Sale of interest in or assets of a toll road or toll 31 highway company. (1) If any interest in a PREEXISTING OR NEW toll 32 road or toll highway company is sold or transferred, the toll road or toll 33 highway company shall continue to comply with the limitations set forth 34 in section 7-45-109. 35 36 (2) If a PREEXISTING OR NEW toll road or toll highway company 37 sells or transfers any interest in its real property within the three-mile 38 corridor specified in its THE filed formation document OF THE 39 PREEXISTING TOLL ROAD OR TOLL HIGHWAY COMPANY OR WITHIN THE 40 PROPOSED ROUTE OF THE TOLL ROAD OR TOLL HIGHWAY PROPOSED BY THE 41 NEW TOLL ROAD OR TOLL HIGHWAY COMPANY that is not used for the toll 42 road or toll highway, then the purchaser shall comply with the limitations 43 set forth in section 7-45-109. 44 45 SECTION 9. 38-2-101 (2) and (5) (a), Colorado Revised Statutes, 46 are amended to read: 47 48 38-2-101. Who may condemn real estate, rights-of-way, or 49 other rights - additional requirements for private toll roads and toll 50 highways. (2) Notwithstanding the provisions of subsection (1) of this 51 section, a toll road or toll highway company may not condemn real estate 52 or right-of-way, but the department of transportation may exercise, 53 subject to the conditions and limitations set forth in sections 7-45-104 and 54 43-1-1202 (1) (f), C.R.S., the power of eminent domain for purposes of 55 acquiring property and rights-of-way necessary for the completion of a 56 toll road or toll highway open to the public that is incorporated into the 1 comprehensive statewide transportation plan prepared pursuant to section 2 43-1-1103 (5), C.R.S., and is being undertaken as a public-private 3 initiative between the department and the company. Such a toll road or 4 toll highway company shall within six months after the date of filing of 5 its filed formation document, file and record with the county clerk and 6 recorder of each county through which any portion of the proposed toll 7 road or toll highway will pass a map or survey of the proposed route of 8 the toll road or toll highway. The toll road or toll highway company shall 9 include with the map or survey a statement of the proposed route of the 10 toll road or toll highway, within three miles, and a listing of all property 11 over or across which the proposed toll road or toll highway will be 12 constructed, and shall file and record supplementary maps, surveys, 13 statements, and listings upon any lawful change of the proposed route of 14 the toll road or toll highway PROVIDE WRITTEN NOTICE OF ITS INTENT TO 15 CONSTRUCT A TOLL ROAD OR TOLL HIGHWAY AS REQUIRED BY SECTION 16 7-45-108 (2), C.R.S. 17 18 (5) As used in this section, unless the context otherwise requires: 19 20 (a) "Filed formation document" shall have the meaning set forth 21 in section 7-45-102 (7), C.R.S. 22 23 SECTION 10. Article 35.7 of title 38, Colorado Revised Statutes, 24 is amended BY THE ADDITION OF A NEW SECTION to read: 25 26 38-35.7-105. Disclosure of transportation projects - rules. NO 27 LATER THAN JANUARY 1, 2009, THE REAL ESTATE COMMISSION CREATED 28 IN SECTION 12-61-105, C.R.S., SHALL, BY RULE, REQUIRE EACH SELLER'S 29 PROPERTY DISCLOSURE FOR REAL PROPERTY THAT IS SUBJECT TO THE 30 COMMISSION'S JURISDICTION PURSUANT TO ARTICLE 61 OF TITLE 12, 31 C.R.S., TO DISCLOSE THE EXISTENCE OF ANY PROPOSED OR EXISTING 32 TRANSPORTATION PROJECT THAT AFFECTS OR IS EXPECTED TO AFFECT THE 33 REAL PROPERTY. 34 35 SECTION 11. Safety clause. The general assembly hereby finds, 36 determines, and declares that this act is necessary for the immediate 37 preservation of the public peace, health, and safety.".". 38 39 Amendment No. 2, by Representative Looper. 40 41 Amend Amendment No. 1, by Representative Looper, as printed in House 42 Journal page 959, strike lines 43 through 56; 43 44 Page 960, strike line 1; 45 46 Reletter succeeding paragraph accordingly. 47 48 line 7, strike "(c)" and substitute "(b)"; 49 50 line 9, strike "(c)" and substitute "(b)"; 51 52 line 15, strike "(c)." and substitute "(b).". 53 54 line 26, strike "(c);" and substitute "(b);". 55 56 1 Amendment No. 3, by Representative Levy. 2 3 Amend Amendment No. 1, by Representative Looper, as printed in House 4 Journal page 962, strike lines 23 through 33. 5 6 Renumber succeeding section accordingly. 7 8 As amended, ordered engrossed and placed on the Calendar for Third 9 Reading and Final Passage. 10 Senate Journal, April 18 After consideration on the merits, the Committee recommends that HB08-1007 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation. Amend reengrossed bill, page 13, after line 18, insert the following: "SECTION 10. Article 35.7 of title 38, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 38-35.7-105. Disclosure of transportation projects - rules. NO LATER THAN JANUARY 1, 2009, THE REAL ESTATE COMMISSION CREATED IN SECTION 12-61-105, C.R.S., SHALL, BY RULE, REQUIRE EACH SELLER'S PROPERTY DISCLOSURE FOR REAL PROPERTY THAT IS SUBJECT TO THE COMMISSION'S JURISDICTION PURSUANT TO ARTICLE 61 OF TITLE 12, C.R.S., TO DISCLOSE THE EXISTENCE OF ANY PROPOSED OR EXISTING TRANSPORTATION PROJECT THAT AFFECTS OR IS EXPECTED TO AFFECT THE REAL PROPERTY.". Renumber succeeding section accordingly. Education The Committee on Education has had under consideration and has had a hearing on the following appointments and recommends that the appointments be confirmed: MEMBERS OF THE READ-TO-ACHIEVE BOARD for terms expiring April 1, 2010: Katie Carroll of Rocky Ford, Colorado, to serve as a member with knowledge of the best practices in reading and reading instruction, and as a Republican, appointed. for terms expiring April 1, 2011: Teresa L. Williams of Westminster, Colorado, to serve as a member with knowledge of and experience in public education in elementary grades and as a Democrat, appointed. Health & Human Services The Committee on Health and Human Services has had under consideration and has had a hearing on the following appointments and recommends that the appointments be confirmed: MEMBER OF THE COLORADO COMMISSION ON THE AGING for a term expiring July 1, 2008: Gretchen G. Cerveny of Wheat Ridge, Colorado, to fill the vacancy occasioned by the resignation of Marion P. Fairbank of Aurora, Colorado, and to serve as a Republican from the Seventh Congressional District, appointed. Health & Human Services The Committee on Health and Human Services has had under consideration and has had a hearing on the following appointments and recommends that the appointments be confirmed: MEMBERS OF THE UNIVERSITY OF COLORADO HOSPITAL AUTHORITY BOARD OF DIRECTORS From the Fifth Congressional District: William J. Hybl for a term effective March 1, 2008, and continuing until February 29, 2012 (or until his successor is appointed by the Board of Regents). From the Seventh Congressional District: Tim Travis for a term effective March 1, 2007, and continuing until February 28, 2011 (or until his successor is appointed by the Board of Regents). Health & Human Services Senate Journal, April 23 HB08-1007 by Representative(s) Looper; also Senator(s) Tapia--Concerning the modification of statutory provisions enacted by the general assembly during the 2006 legislative session that impose certain requirements on private toll companies for the purpose of alleviating consequences of those provisions that may affect real property. Amendment No. 1, State, Veterans & Military Affairs Committee Amendment. (Printed in Senate Journal, April 18, pages 1026-1027 and placed in members' bill files.) Amendment No. 2(L.019), by Senator Wiens. Amend reengrossed bill, page 2, line 6, strike "law, and" and substitute "law. and". Page 3, line 1, strike "ON" and substitute "ON"; strike lines 4 through 10 and substitute the following: "CORRIDOR IN ITS FILED FORMATION DOCUMENT, AND ANY CORRIDOR INCLUDED IN A FILED FORMATION DOCUMENT FILED BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (1), AS AMENDED, IS VOID AND SHALL NOT BE DEEMED TO GIVE THE FILING TOLL ROAD OR TOLL HIGHWAY COMPANY ANY PROPERTY RIGHT OR EXCLUSIVE DEVELOPMENT RIGHT OF ANY KIND WHATSOEVER WITHIN THE CORRIDOR. If a toll road or toll highway". As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. |