C.R.S. § 43-4-201 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-201
43-4-201. Highway users tax fund - created
Status: repealed

43-4-201. Highway users tax fund - created. (1) (a) The highway users tax fund is hereby created in the state treasurer's office.

(b) The unrestricted year-end balance of the highway users tax fund, created pursuant to paragraph (a) of this subsection (1), for the 1991-92 fiscal year shall constitute a reserve, as defined in section 24-77-102 (12), C.R.S., and, for purposes of section 24-77-103, C.R.S.:

(I) Any moneys credited to the highway users tax fund in any subsequent fiscal year shall be included in state fiscal year spending, as defined in section 24-77-102 (17), C.R.S., for such fiscal year; and

(II) Any transfers or expenditures from the highway users tax fund in any subsequent fiscal year shall not be included in state fiscal year spending, as defined in section 24-77-102 (17), C.R.S., for such fiscal year.

(2) Repealed.

(3) (a) (I) The general assembly shall not make any annual appropriation (whether by regular, special, or supplementary appropriation) or any statutory distribution from the highway users tax fund for any purpose or purposes in a total amount that is:

(A) More than twenty-three percent of the net revenue of said fund for the prior fiscal year;

(B) Commencing in the fiscal year 1995-96, and ending in the fiscal year 2012-13, more than a six percent increase over the appropriation to the department of public safety for the Colorado state patrol and to the department of revenue for the ports of entry division for the prior fiscal year; except in fiscal years 2009-10, 2010-11, and 2011-12, more than a six percent increase over the appropriation to the department of public safety for the Colorado state patrol, to the department of revenue for the ports of entry division, and to the department of revenue for the division of motor vehicles pursuant to sub-subparagraph (C) of subparagraph (III) of this paragraph (a) for the prior fiscal year; or

(C) Commencing in the fiscal year 2013-14, more than a six percent increase over the appropriation to the Colorado state patrol for the prior fiscal year, plus, for the fiscal years 2016-17, 2017-18, 2018-19, and 2022-23 only, the amount appropriated to the department of revenue for use by the division of motor vehicles pursuant to subsection (3)(a)(III)(C) of this section.

(I.1) Repealed.

(II) The general assembly shall not make any annual appropriation or statutory distribution from the highway users tax fund except as follows:

(A) To the office of transportation safety;

(B) To the transportation development division;

(C) To the department of labor and employment for costs related to the oil inspection program;

(D) To the department of personnel for costs related to telecommunications support;

(E) To the department of corrections for costs related to the production of license plates by the division of correctional industries;

(F) To the department of revenue for highway-related programs, including capital construction costs;

(G) To the department of public safety for highway-related programs, including capital construction costs;

(H) Repealed.

(I) To the department of personnel for costs related to the salaries and benefits of the departments or programs listed in sub-subparagraphs (A) to (G) of this subparagraph (II);

(J) To the department of local affairs for the provision of disaster emergency services that relate to the transportation of hazardous materials.

(K) to (M) Repealed.

(III) (A) and (B) (Deleted by amendment, L. 2009, (SB 09-274), ch. 210, p. 955, § 9, effective May 1, 2009.)

(C) The general assembly shall not make any annual appropriation or statutory distribution from the highway users tax fund for the fiscal year 1997-98 or for any succeeding fiscal year authorized by subsection (3)(a)(II) of this section, excluding the annual appropriation or statutory distribution to the Colorado state patrol and, through the fiscal year 2011-12 only, the ports of entry section and excluding any appropriation to the department of revenue for the fiscal years 2008-09, 2009-10, 2010-11, 2011-12, 2016-17, 2017-18, 2018-19, and 2022-23 for expenses incurred in connection with the administration of article 2 of title 42 by the division of motor vehicles within the department.

(D) For any annual appropriation or statutory distribution authorized by subparagraph (II) of this paragraph (a) but not funded from the highway users tax fund, the general assembly shall determine the amount necessary to be expended for those purposes and shall make an annual appropriation as necessary from the general fund.

(IV) In addition to any other allocations required by this article, there shall be allocated from the highway users tax fund on or after July 31 for fiscal year 1995-96 and each succeeding fiscal year an amount equal to that not annually appropriated or statutorily distributed pursuant to sub-subparagraph (C) of subparagraph (III) of this paragraph (a). The moneys shall be allocated in accordance with the provisions of section 43-4-205 (6)(b).

(V) Notwithstanding any other provision in this section, the general assembly may make an annual appropriation or statutory distribution from the highway users tax fund to the department of revenue for the data collection services provided for under section 39-27-109.7, C.R.S.

(VI) Notwithstanding any other provision in this section, subject to the limitations specified in section 40-29-116 (2), C.R.S., for the 2016-17 fiscal year only, the general assembly may make an appropriation from the highway users tax fund to the highway-rail crossing signalization fund created in section 40-29-116 (1), C.R.S.

(b) The balance of net revenues shall be paid to the state highway fund, counties, and municipalities pursuant to sections 43-4-206 to 43-4-208.

(c) Any additional moneys in the highway users tax fund which are made available for distribution as a result of the limitation on appropriations or statutory distributions from the highway users tax fund imposed by paragraph (a) of this subsection (3) shall be allocated in accordance with the provisions of section 43-4-205 (6)(b).
C.R.S. § 43-4-604 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-604
43-4-604. Board of directors
Status: in_force

43-4-604. Board of directors. (1) (a) All powers, privileges, and duties vested in or imposed upon the authority shall be exercised and performed by and through the board. The board, by resolution, may delegate any of the powers of the board to any of the officers or agents of the board; except that, to ensure public participation in policy decisions, the board shall not delegate the following:

(I) Adoption of board policies and procedures;

(II) Approval of final roadway alignments;

(III) Ratification of acquisition of land by negotiated sale;

(IV) Instituting an eminent domain action, which may be at a public hearing or in executive session;

(V) Initiating or continuing legal action, not including traffic or toll violations; and

(VI) Establishment of fee policies.

(b) The board shall promulgate and adhere to policies and procedures that govern its conduct and provide meaningful opportunities for public input. Such policies shall include standards and procedures for calling an emergency meeting.

(2) Any director of the board shall disqualify himself or herself from voting on any issue with respect to which the director has a conflict of interest, unless the director has disclosed the conflict of interest in compliance with section 18-8-308, C.R.S.

(3) The board, in addition to all other powers conferred by this part 6, has the following powers:

(a) To adopt bylaws;

(b) To fix the time and place of meetings, whether within or without the boundaries of the authority, and the method of providing notice of the meetings;

(c) To make and pass orders and resolutions necessary for the government and management of the affairs of the authority and the execution of the powers vested in the authority;

(d) To adopt and use a seal;

(e) To maintain offices at such place or places as the board may designate;

(f) To appoint, hire, and retain employees, agents, engineers, attorneys, accountants, financial advisors, investment bankers, and other consultants;

(g) To prescribe methods for auditing and allowing or rejecting claims and demands; for the letting of contracts for the construction of improvements, works, or structures; for the acquisition of equipment; or for the performance or furnishing of such labor, materials, or supplies as may be required for carrying out the purposes of this part 6;

(h) To appoint advisory committees and define the duties thereof; and

(i) As applicable, to amend the contract that created the authority to the extent that any amendment procedures specified in the contract pursuant to section 43-4-603 (2)(f) authorize the board, rather than the members of the combination that are parties to the contract, to amend the contract or to amend or replace the resolution authorizing the transportation planning organization to exercise the powers of an authority adopted as authorized by section 43-4-622.
C.R.S. § 43-1-219 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-219
43-1-219. State highway fund - created - state supplementary fund - created
Status: in_force

43-1-219. State highway fund - created - state supplementary fund - created. There are hereby created two separate funds, one to be known as the state highway fund and the other to be known as the state highway supplementary fund. All money paid into either of the funds shall be available immediately, without further appropriation, for the purposes of the fund as provided by law. Money transferred to the state highway fund pursuant to section 24-75-219 (7)(c) and (7)(f) and any interest and income derived from the deposit and investment of such money may be expended for multimodal projects, as defined in section 43-4-1102 (5). Any sums paid into the state treasury, which by law belong to the state highway fund or to the state highway supplementary fund, shall be immediately placed by the state treasurer to the credit of the appropriate fund. Upon request of the commission or of the chief engineer, it is the duty of the state treasurer to report to the commission or to the chief engineer the amount of money on hand in each of the two funds and the amounts derived from each source from which each such fund is accumulated. All accounts and expenditures from each of the two funds shall be certified by the chief engineer and paid by the state treasurer upon warrants drawn by the controller. The controller is authorized as directed to draw warrants payable out of the specified fund upon such vouchers properly certified and audited. Nothing in this part 2 shall operate to alter the manner of the execution and issuance of transportation revenue anticipation notes provided in part 7 of article 4 of this title 43.
C.R.S. § 43-4-218 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-218
43-4-218. Additional funding - retail delivery fee - fund created - simultaneous collectio
Status: in_force

43-4-218. Additional funding - retail delivery fee - fund created - simultaneous collection of enterprise fees - rules - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:

(a) In recent years, the number of retail deliveries of tangible personal property, including restaurant food, has rapidly increased, and this rapid growth is expected to continue;

(b) The world economic forum estimates that by 2030 there will be over thirty percent more delivery vehicles on roads to deliver seventy-eight percent more packages, which will increase usage of the highways, roads, and streets of the state by motor vehicles used to make retail deliveries, traffic congestion, and retail-delivery-related emissions;

(c) This additional usage has accelerated and is expected to continue to accelerate deterioration of surface transportation system infrastructure, and has required and is expected to continue to require the state, counties, and municipalities to perform more maintenance and reconstruction of state highways, county roads, and city streets;

(d) This additional usage has also increased and is expected to continue to increase motor-vehicle-related emissions of air pollutants, including ozone precursors, particulate matter pollutants, other hazardous air pollutants, and greenhouse gases, that contribute to adverse environmental effects, including but not limited to climate change, and adverse human health effects;

(d.3) There are administrative costs for a retailer when the state imposes a fee on retail deliveries, and the benefits from the fee revenue need to be balanced with the potential economic impacts on the retailers;

(d.7) Fees on retail deliveries should only be imposed on retailers that are large enough to absorb these administrative costs without significant economic harm;

(e) It is therefore necessary and appropriate:

(I) To impose a retail delivery fee as specified in this section and to credit the proceeds of the fee to the highway users tax fund created in section 43-4-201 for allocation to the state, counties, and municipalities and to the multimodal transportation and mitigation options fund created in section 43-4-1103 (1)(a);

(II) To authorize the community access enterprise created in section 24-38.5-303 (1) to impose a community access retail delivery fee as specified in section 24-38.5-303 (7), authorize the clean fleet enterprise created in section 25-7.5-103 (1)(a) to impose a clean fleet retail delivery fee as specified in section 25-7.5-103 (8), authorize the statewide bridge and tunnel enterprise created in section 43-4-805 (2)(a)(I) to impose a bridge and tunnel retail delivery fee as specified in section 43-4-805 (5)(g.7), authorize the clean transit enterprise created in section 43-4-1203 (1)(a) to impose a clean transit retail delivery fee as specified in section 43-4-1203 (7), and authorize the nonattainment area air pollution mitigation enterprise created in section 43-4-1303 (1)(a) to impose an air pollution mitigation retail delivery fee as specified in section 43-1-1303 (8) to help fund the enterprises' pursuit of their respective business purposes;

(III) For the purpose of minimizing compliance costs for fee payers and administrative costs for the state, to require the department of revenue to collect the retail delivery fees imposed by the enterprises on behalf of the enterprises when it collects the retail delivery fee imposed by subsection (3) of this section and to distribute the enterprise fee revenue to the enterprises; and

(IV) To create an exemption from the retail delivery fees for retailers with retail sales of five hundred thousand dollars or less.

(2) As used in this section, unless the context otherwise requires:

(a) "Enterprise retail delivery fees" means:

(I) The community access retail delivery fee imposed by the community access enterprise created in section 24-38.5-303 (1), as specified in section 24-38.5-303 (7);

(II) The clean fleet retail delivery fee imposed by the clean fleet enterprise created in section 25-7.5-103 (1)(a), as specified in section 25-7.5-103 (8);

(III) The bridge and tunnel retail delivery fee imposed by the statewide bridge and tunnel enterprise created in section 43-4-805 (2)(a)(I), as specified in section 43-4-805 (5)(g.7);

(IV) The clean transit retail delivery fee imposed by the clean transit enterprise created in section 43-4-1203 (1)(a) as specified in section 43-4-1203 (7); and

(V) The air pollution mitigation retail delivery fee imposed by the nonattainment area air pollution mitigation enterprise created in section 43-4-1303 (1)(a) as specified in section 43-1-1303 (8).

(b) "Inflation" means the average annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index, for the five years ending on the last December 31 before the calendar year in which a state fiscal year for which an inflation adjustment to the retail delivery fee imposed by subsection (3) of this section is to be made begins.

(c) "Motor vehicle" has the same meaning as set forth in section 42-1-102 (58). The term does not include a personal delivery device.

(d) "Personal delivery device" means an autonomously operated robot that is:

(I) Designed and manufactured for the purpose of transporting tangible personal property primarily on sidewalks, crosswalks, and other public rights-of-way that are typically used by pedestrians;

(II) Weighs no more than five hundred fifty pounds, excluding any tangible personal property being transported; and

(III) Operates at speeds of less than ten miles per hour when on sidewalks, crosswalks, and other public rights-of-way that are typically used by pedestrians.

(e) "Retail delivery" means a retail sale of tangible personal property by a retailer for delivery by a motor vehicle owned or operated by the retailer or any other person to the purchaser at a location in this state, which sale includes at least one item of tangible personal property that is subject to taxation under article 26 of title 39. Each such retail sale is a single retail delivery regardless of the number of shipments necessary to deliver the items of tangible personal property purchased.

(f) "Retailer" has the same meaning as set forth in section 39-26-102 (8).

(g) "Retail sale" has the same meaning as set forth in section 39-26-102 (9).

(h) "Tangible personal property" has the same meaning as set forth in section 39-26-102 (15).

(3) (a) A retail delivery fee in an amount set forth in this subsection (3)(a) and subsection (3)(b) of this section is imposed on each retail delivery. Except as otherwise provided in subsection (6)(b)(II) of this section, for retail deliveries of tangible personal property purchased during state fiscal year 2022-23, each retailer who makes a retail delivery shall add to the price of the retail delivery, collect from the purchaser, and pay to the department of revenue at the time and in the manner prescribed by the department in accordance with subsection (6) of this section a retail delivery fee in the amount of eight and four-tenths cents.

(b) (I) Except as otherwise provided in subsection (6)(b)(II) of this section, for retail deliveries of tangible personal property purchased during state fiscal year 2023-24 or during any subsequent state fiscal year, each retailer who makes a retail delivery shall add to the price of the retail delivery, collect from the purchaser, and pay to the department of revenue at the time and in the manner prescribed by the department in accordance with subsection (6) of this section a retail delivery fee equal to the amount of the retail delivery fee for retail deliveries of tangible personal property purchased during the prior state fiscal year adjusted for inflation. The department of revenue shall annually calculate the inflation adjusted amount of the retail delivery fee to be imposed on retail deliveries of tangible personal property purchased during each state fiscal year and shall publish the amount no later than April 15 of the calendar year in which the state fiscal year begins.

(II) The department of revenue shall adjust the amount of the retail delivery fee for retail deliveries of tangible personal property purchased during a state fiscal year only if inflation is positive and cumulative inflation from the time of the last adjustment in the amount of the retail delivery fee, when applied to the sum of the current retail delivery fee and all current enterprise retail delivery fees and rounded to the nearest whole cent, will result in an increase of at least one whole cent in the total amount of the retail delivery fee and all enterprise retail delivery fees imposed on each retail delivery. The amount of cumulative inflation to be applied to the sum of the current retail delivery fee and all current enterprise retail delivery fees and rounded to the nearest whole cent is the lesser of actual cumulative inflation or five percent.

(c) A retail delivery that includes only tangible personal property, the sale of which is exempt from state sales tax under article 26 of title 39, is exempt from the retail delivery fee and from the enterprise retail delivery fees. A retail delivery made to a purchaser who is exempt from paying state sales tax under article 26 of title 39 is exempt from the retail delivery fee and from the enterprise retail delivery fees.

(d) (I) Notwithstanding any other provision of law, a retail delivery by a qualified business made on or after July 1, 2022, is exempt from the retail delivery fee imposed by this subsection (3) and the enterprise retail delivery fees.

(II) There are no refunds under section 39-26-703 of any retail delivery fees for a retail delivery made on or after July 1, 2022, but before July 1, 2023, on the basis of the exemption set forth in subsection (3)(d)(I) of this section.

(III) As used in this subsection (3)(d), "qualified business" means a retailer that in the previous calendar year made retail sales of tangible personal property, commodities, or services in the state totaling five hundred thousand dollars or less. If the retailer had no retail sales in the state in the previous calendar year, then the retailer is deemed to be a "qualified business" for the current calendar year, until the first day of the month after the ninetieth day after the retailer has made retail sales of tangible personal property, commodities, or services in the state that total more than five hundred thousand dollars.

(4) (a) For the purpose of minimizing compliance costs for retailers and administrative costs for the state, the department of revenue shall, when it collects the retail delivery fee imposed by subsection (3) of this section, also collect on behalf of the community access enterprise created in section 24-38.5-303 (1), the clean fleet enterprise created in section 25-7.5-103 (1)(a), the statewide bridge and tunnel enterprise created in section 43-4-805 (2)(a)(I), the clean transit enterprise created in section 43-1-1203 (1)(a), and the nonattainment area air pollution mitigation enterprise created in section 43-4-1303 (1)(a), the enterprise retail delivery fees.

(b) When collecting the retail delivery fee and, in accordance with subsection (4)(a) of this section, the enterprise retail delivery fees, the department of revenue shall retain an amount that does not exceed the total cost of collecting, administering, and enforcing the retail delivery fee and the enterprise retail delivery fees and shall transmit the amount retained to the state treasurer, who shall credit it to the retail delivery fees fund, which is hereby created in the state treasury. All money in the retail delivery fees fund is continuously appropriated to the department of revenue to defray the costs incurred by the department in collecting, enforcing, and administering the retail delivery fee and the enterprise retail delivery fees.

(5) (a) The department of revenue shall transmit all net revenue collected from the retail delivery fee imposed by subsection (3) of this section to the state treasurer, who shall credit the net revenue as follows:

(I) Seventy-one and one-tenth percent shall be credited to the highway users tax fund created in section 43-4-201 and allocated from the highway users tax fund to the state, counties, and municipalities as required by section 43-4-205 (6.8); and

(II) Twenty-eight and nine-tenths percent shall be credited to the multimodal transportation and mitigation options fund created in section 43-4-1103 (1)(a);

(b) The department of revenue shall transmit all net revenue collected from enterprise retail delivery fees to the state treasurer who shall credit the net revenue as follows:

(I) All net community access retail delivery fee revenue shall be credited to the community access enterprise fund created in section 24-38.5-303 (5);

(II) All net clean fleet retail delivery fee revenue shall be credited to the clean fleet enterprise fund created in section 25-7.5-103 (5);

(III) All net bridge and tunnel retail delivery fee revenue shall be credited to the statewide bridge and tunnel enterprise special revenue fund created in section 43-4-805 (3)(a);

(IV) All net clean transit retail delivery fee revenue shall be credited to the clean transit enterprise fund created in section 43-4-1203 (5); and

(V) All net air pollution mitigation retail delivery fee revenue shall be credited to the nonattainment area air pollution mitigation enterprise fund created in section 43-4-1303 (5).

(6) (a) Except as otherwise provided in this subsection (6), the collection, administration, and enforcement of the retail delivery fee imposed by subsection (3) of this section and the enterprise retail delivery fees shall be performed by the executive director of the department of revenue in the same manner as the collection, administration, and enforcement of state sales tax pursuant to article 26 of title 39.

(b) (I) Except as otherwise provided in subsection (6)(b)(II) of this section, every retailer who makes a retail delivery shall add the retail delivery fee imposed by subsection (3) of this section and the enterprise retail delivery fees to the price or charge for the retail delivery showing the total of the fees as one item called "retail delivery fees" that is separate and distinct from the price and any other taxes or fees imposed on the retail delivery. If added, the fees constitute a part of the retail delivery price or charge, are a debt from the purchaser to the retailer until paid, and are recoverable at law in the same manner as other debts.

(II) A retailer may elect to pay the retail delivery fee imposed by subsection (3) of this section and the enterprise retail delivery fees for a retail delivery on behalf of a purchaser. If a retailer elects to pay these fees, then:

(A) The retailer shall not add the fees to the price or charge for the retail delivery showing the total of the fees as one item called "retail delivery fees" that is separate and distinct from the price and any other taxes or fees imposed on the retail delivery;

(B) The purchaser is neither liable nor responsible for the payment of the fees; and

(C) The purchaser is not entitled to a refund for fees that are paid for a retail delivery that is exempt under subsection (3)(c) or (3)(d) of this section. A retailer may claim a refund under section 39-26-703 for the exempt fees paid; except that section 39-26-703 (2.5)(b)(I)(B) shall not apply in this circumstance.

(c) Every retailer who makes a retail delivery is liable and responsible for the payment of an amount equivalent to the total amount of the retail delivery fee imposed by subsection (3) of this section and the enterprise retail delivery fees for each retail delivery made irrespective of the requirements of subsection (6)(b) of this section. The burden of proving that a retailer is exempt from collecting or electing to pay the fees on any retail delivery and paying the fees to the executive director of the department of revenue is on the retailer under such reasonable requirements of proof as the executive director may prescribe. The retailer is entitled, as collecting agent for the state, to apply and credit the amount of the retailer's collections, if any, against the amount to be paid pursuant to this subsection (6)(c).

(d) (I) A retailer who collects the retail delivery fee imposed by subsection (3) of this section and the enterprise retail delivery fees shall remit the fees to the department of revenue at the same time and in the same manner as the retailer remits sales tax revenue collected to the department as required by article 26 of title 39 unless the department requires or authorizes the fees to be remitted at another time or in another manner.

(II) A retailer who elects to pay the retail delivery fee imposed by subsection (3) of this section and the enterprise retail delivery fees on behalf of a purchaser in accordance with subsection (6)(b)(II) of this section shall remit the fees to the department of revenue as if the fees had been collected from the purchaser on the date of the retail delivery, as specified in subsection (6)(d)(I) of this section.

(e) All money paid to a retailer as a retail delivery fee imposed by subsection (3) of this section, or as one or more of the enterprise retail delivery fees, shall be and remains public money, the property of the state of Colorado, in the hands of the retailer, and the retailer shall hold the money in trust for the sole use and benefit of the state of Colorado until paid to the executive director of the department of revenue, and, for failure to pay the money to the executive director, a retailer shall be punished as provided by law. If any retailer collects fees in excess of the amount imposed by this section and sections 24-38.5-303 (7), 25-7.5-103 (8), 43-4-1203 (7), and 43-4-1303 (8), the retailer shall remit to the executive director of the department of revenue the full amount of the fees and also the full amount of the excess.

(f) The department of revenue shall waive any processing costs, as defined in section 39-21-119.5 (7)(d)(II), for electronic payment of the retail delivery fee imposed by subsection (3) of this section and the enterprise retail delivery fees if:

(I) The processing costs would exceed the amount of the retail delivery fees the retailer is remitting; and

(II) The electronic payment is by automated clearing house (ACH) debit.

(7) The department of revenue may promulgate rules to implement this section.
C.R.S. § 43-2-142 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-142
43-2-142. Jurisdiction
Status: in_force

43-2-142. Jurisdiction. All courts of record having jurisdiction of misdemeanors have jurisdiction to try any case arising from the violation of this part 1 or any provision thereof.
C.R.S. § 43-1-115 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-115
43-1-115. Transportation data collection
Status: in_force

43-1-115. Transportation data collection. (1) The transportation development division shall compile and maintain consistent information concerning the condition of the streets, roads, highways, and other transportation systems of this state. Such information shall be obtained from data available to the division, counties, and municipalities and shall be obtained from the appropriate personnel of the transportation development division, the governmental officials of any county or municipality in the state, or any other person deemed appropriate by the transportation development division. The transportation development division, after consultation with representatives of municipalities and counties, shall establish and disseminate a uniform method of reporting such information.

(2) The information obtained pursuant to subsection (1) of this section shall be reported annually in conjunction with the reports required to be submitted pursuant to sections 43-2-120 (5) and 43-2-132 (5).
C.R.S. § 43-4-704 — CO Code / Title 43 / Article 4 / Part 7 / Section 43-4-704
43-4-704. Powers of executive director
Status: in_force

43-4-704. Powers of executive director. The executive director is authorized to enter into contracts with the federal government, the state of Colorado, any state institution or agency, any political subdivision, any department, agency, or instrumentality of a political subdivision, and any political or public corporation of the state, and with any person necessary or incidental to the performance of the duties and the execution of the powers of the executive director under this part 7.
C.R.S. § 43-4-311 — CO Code / Title 43 / Article 4 / Part 3 / Section 43-4-311
43-4-311. Authority not in derogation of existing powers
Status: repealed

43-4-311. Authority not in derogation of existing powers. (Repealed)
C.R.S. § 43-1-402 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-402
43-1-402. Legislative declaration
Status: in_force

43-1-402. Legislative declaration. (1) (a) It is declared to be the purpose of the general assembly in the passage of this part 4 to control the existing and future use of advertising devices in areas adjacent to the state highway system in order to protect and promote the health, safety, and welfare of the traveling public and the people of Colorado and such purposes are declared to be of statewide concern. The general assembly finds and declares that the enactment of this part 4 is necessary to further the following substantial state interests:

(I) Protection of the public investment in the state highway system;

(II) Promotion of safety upon the state highway system;

(III) Promotion of the recreational value of public travel;

(IV) Promotion of public pride and spirit both on a statewide and local basis;

(V) Preservation and enhancement of the natural and scenic beauty of this state;

(VI) Broadening the economic well-being and general welfare by attracting to this state tourists and other travelers;

(VII) Providing the traveling public with information as to necessary goods and services in the immediate vicinity of the traveler;

(VIII) Protection and encouragement of local tourist-related businesses for the general economic well-being of this state;

(IX) Insuring that Colorado receives its full share of funds to be apportioned by the congress of the United States for expenditures on federal-aid highways.

(b) In furtherance of the substantial state interests stated in paragraph (a) of this subsection (1), it is the intent of the general assembly that Colorado comply with the federal "Highway Beautification Act of 1965" and rules and regulations adopted thereunder.

(2) The general assembly further finds and declares that this part 4, taken as a whole, represents a balancing of the above-stated substantial state interests.
C.R.S. § 43-4-210 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-210
43-4-210. Estimated county allocations
Status: in_force

43-4-210. Estimated county allocations. In all cases where the state treasurer is required by law to apportion the moneys in the highway users tax fund to the various counties, if the number of vehicles registered in any of the counties, excluding vehicles registered within the limits of a city or incorporated town within the county, is not available before the state treasurer makes the apportionment provided by law, the state treasurer may estimate the amount to be paid to any county, and may pay to any county a sum not to exceed seventy-five percent of the amount estimated to be due that county, and shall notify the county clerk and recorder in writing that the amount paid is an estimate because registration data is not available.
C.R.S. § 43-4-609 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-609
43-4-609. Bonds
Status: in_force

43-4-609. Bonds. (1) The authority may, from time to time, issue bonds for any of its corporate purposes. The authority shall issue the bonds pursuant to resolution of the board, and the bonds shall be payable solely out of all or a specified portion of the revenues as designated by the board.

(2) As provided in the resolution of the board under which the bonds are authorized to be issued or as provided in a trust indenture between the authority and any commercial bank or trust company having full trust powers, the bonds may:

(a) Be executed and delivered by the authority at such times;

(b) Be in such form and denominations and include such terms and maturities;

(c) Be subject to optional or mandatory redemption prior to maturity with or without a premium;

(d) Be in fully registered form or bearer form registrable as to principal or interest or both;

(e) Bear such conversion privileges;

(f) Be payable in such installments and at such times not exceeding forty years from the date thereof;

(g) Be payable at such place or places whether within or without the state;

(h) Bear interest at such rate or rates per annum, which may be fixed or vary according to index, procedure, or formula or as determined by the authority or its agents, without regard to any interest rate limitation appearing in any other law of the state;

(i) Be subject to purchase at the option of the holder or the authority and be evidenced in such manner;

(j) Be executed by the officers of the authority, including the use of one or more facsimile signatures so long as at least one manual signature appears on the bonds, which signatures may be either of an officer of the authority or of an agent authenticating the same;

(k) Be in the form of coupon bonds that have attached interest coupons bearing a manual or facsimile signature of an officer of the authority; and

(l) Contain such provisions not inconsistent with this part 6.

(3) The bonds may be sold at public or private sale at such price or prices, in such manner, and at such times as determined by the board, and the board may pay all fees, expenses, and commissions that it deems necessary or advantageous in connection with the sale of the bonds. The power to fix the date of sale of the bonds, to receive bids or proposals, to award and sell bonds, to fix interest rates, and to take all other action necessary to sell and deliver the bonds may be delegated to an officer or agent of the authority. Any outstanding bonds may be refunded by the authority pursuant to article 56 of title 11, C.R.S. All bonds and any interest coupons applicable thereto are declared to be negotiable instruments.

(4) The resolution or trust indenture authorizing the issuance of the bonds may pledge all or a portion of the revenues of the authority, may contain such provisions for protecting and enforcing the rights and remedies of holders of any of the bonds as the authority deems appropriate, may set forth the rights and remedies of the holders of any of the bonds, and may contain provisions that the authority deems appropriate for the security of the holders of the bonds, including, but not limited to, provisions for letters of credit, insurance, standby credit agreements, or other forms of credit ensuring timely payment of the bonds, including the redemption price or the purchase price.

(5) Any pledge of revenues or property made by the authority or by any person or governmental unit with which the authority contracts shall be valid and binding from the time the pledge is made. The revenues or property so pledged shall immediately be subject to the lien of the pledge without any physical delivery or further act, and the lien of the pledge shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the pledging party, irrespective of whether such claiming party has notice of such lien. The instrument by which the pledge is created need not be recorded or filed.

(6) Neither the directors of the board, employees of the authority, or any person executing the bonds shall be liable personally on the bonds or subject to any personal liability or accountability by reason of the issuance thereof.

(7) The authority may purchase its bonds out of any available funds and may hold, pledge, cancel, or resell the bonds subject to and in accordance with agreements with the holders thereof.
C.R.S. § 43-4-708 — CO Code / Title 43 / Article 4 / Part 7 / Section 43-4-708
43-4-708. Investments
Status: in_force

43-4-708. Investments. (1) Any proceeds from the issuance of revenue anticipation notes or any other moneys relating to such notes that are credited to the state highway supplementary fund shall be invested in the same manner as all other moneys credited to said fund as provided by law.

(2) The executive director, in consultation with the state treasurer, may direct a corporate trustee that holds any proceeds from the issuance of revenue anticipation notes or any other moneys paid to such trustee in connection with such notes to invest or deposit such moneys in investments or deposits other than those in which moneys in the state highway supplementary fund may be invested or deposited if the executive director, in consultation with the state treasurer, determines that such investment or deposit meets the standard established in section 15-1-304, C.R.S., the income is at least comparable to income available on investments or deposits of moneys in the state highway supplementary fund, and the investment will assist the department in the financing, construction, operation, or maintenance of qualified federal aid transportation projects.
C.R.S. § 43-3-205 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-205
43-3-205. Trust indentures
Status: in_force

43-3-205. Trust indentures. In the discretion of the department of transportation, such bonds may be secured by a trust indenture by and between the department of transportation and a corporate trustee which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indentures may pledge or assign tolls and revenue to be received from the operation of the turnpike project but shall not convey or mortgage the turnpike or any part thereof. The resolution providing for the issuance of such bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including, without limiting the generality of the foregoing, covenants setting forth the duties of the department of transportation in relation to the acquisition of properties and the construction, maintenance, operation, repair, and insurance of the turnpike project and the custody, safeguarding, and application of all moneys. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders. In addition to the foregoing, such trust indenture may contain such other provisions as the department of transportation may deem reasonable for the security of bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the turnpike project.
C.R.S. § 43-4-203 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-203
43-4-203. Sources of revenue
Status: repealed

43-4-203. Sources of revenue. (1) All net revenue from the following sources shall be paid into and credited to the highway users tax fund as soon as it is received:

(a) From the imposition of any excise tax on motor fuel;

(b) From the imposition of annual registration fees on drivers, motor vehicles, trailers, and semitrailers, except as provided in section 42-3-304 (19), C.R.S.;

(c) From the imposition of passenger-mile taxes on vehicles or any fee or payment substituted therefor;

(d) Repealed.

(e) From interest or income earned on the deposit and investment of moneys in the fund;

(f) From the imposition of electric motor vehicle road usage equalization fees pursuant to section 42-3-304 (25)(a.5); and

(g) From the imposition of road usage fees pursuant to section 43-4-217 (3) and (4).
C.R.S. § 43-1-501 — CO Code / Title 43 / Article 1 / Part 5 / Section 43-1-501
43-1-501. Legislative declaration
Status: in_force

43-1-501. Legislative declaration. It is declared to be the purpose of the general assembly in the passage of this part 5 that in connection with the construction, maintenance, and supervision of the public highways of this state, the state of Colorado place itself in a position to receive its full share of funds to be apportioned by the congress of the United States for expenditures on federal-aid highways in this state and, to this end, to control the existing and future use and maintenance of junkyards in areas adjacent to the interstate and primary highway systems in order to protect the public investment in such highways; to promote the safety and recreational value of public travel; to promote public pride and public spirit, both on a statewide and local basis; to attract to this state tourists and other travelers with a view toward broadening the economic well-being and general welfare; and to preserve and enhance the natural and scenic beauty of this state.
C.R.S. § 43-2-301 — CO Code / Title 43 / Article 2 / Part 3 / Section 43-2-301
43-2-301. Definitions
Status: in_force

43-2-301. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Block" means that portion of a subdivision surrounded by streets, however designated, or other boundary lines and platted as a block, plot, tract, square, or other designated unit.

(2) "Owner" or "owner of record" includes any person, firm, partnership, association, or corporation.

(3) "Roadway" includes any platted or designated public street, alley, lane, parkway, avenue, road, or other public way, whether or not it has been used as such.
C.R.S. § 43-2-104.5 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-104.5
43-2-104.5. Reimbursement of counties and municipalities
Status: in_force

43-2-104.5. Reimbursement of counties and municipalities. (1) The department of transportation is authorized to reimburse, pursuant to contract, counties, cities, or incorporated towns for maintenance or construction of highways which are part of the state highway system. Such reimbursement may be over a period of time, and any funds available to the department of transportation for the maintenance and construction of public highways may be used.

(2) Any municipality, county, or political subdivision may enter into an intergovernmental agreement with the department of transportation to loan to the department of transportation funds necessary to accelerate the completion of state highway projects. Such loaned funds may be repaid by the department of transportation from any funds available to that department for the maintenance and construction of public highways. Such acceleration of projects must be approved by the transportation commission and the governing board of the municipality, county, or political subdivision involved. The construction of projects conducted pursuant to this section shall be carried out under the supervision of the chief engineer of the department of transportation, who may contract with private parties for construction services. Any municipality, county, or political subdivision may contract with private parties for construction services when conducting projects pursuant to this section.
C.R.S. § 43-1-504 — CO Code / Title 43 / Article 1 / Part 5 / Section 43-1-504
43-1-504. Permits issued - when
Status: in_force

43-1-504. Permits issued - when. The department has the sole authority to issue permits for the establishment, maintenance, and operation of junkyards within the limits prescribed by this part 5. No permit shall be issued unless such junkyard can be effectively screened, as required by regulation, by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of such highways. Such screening shall be at the expense of the person applying for said permit.
C.R.S. § 43-1-106 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-106
43-1-106. Transportation commission - efficiency and accountability committee - powers and
Status: repealed

43-1-106. Transportation commission - efficiency and accountability committee - powers and duties - rules - definitions. (1) There is created the transportation commission, which consists of eleven members. The transportation commission is a type 1 entity, as defined in section 24-1-105.

(2) One member of the commission shall be appointed by the governor from each of the following districts:

(a) District 1: The city and county of Denver;

(b) District 2: The county of Jefferson;

(c) District 3: The counties of Arapahoe and Douglas;

(d) District 4: The counties of Adams and Boulder;

(e) District 5: The counties of Larimer, Morgan, and Weld;

(f) District 6: The counties of Rio Blanco, Grand, Moffat, Routt, Gilpin, Clear Creek, and Jackson;

(g) District 7: The counties of Chaffee, Eagle, Garfield, Lake, Summit, Pitkin, Delta, Gunnison, Mesa, Montrose, and Ouray;

(h) District 8: The counties of Alamosa, Archuleta, Conejos, Costilla, Dolores, Hinsdale, La Plata, Mineral, Montezuma, Rio Grande, Saguache, San Juan, and San Miguel;

(i) District 9: The counties of El Paso, Fremont, Park, and Teller;

(j) District 10: The counties of Baca, Bent, Crowley, Custer, Huerfano, Kiowa, Las Animas, Otero, Prowers, and Pueblo; and

(k) District 11: The counties of Cheyenne, Elbert, Kit Carson, Lincoln, Logan, Phillips, Sedgwick, Washington, and Yuma.

(3) Each district member shall actually reside in the district he or she represents. If a district member ceases to reside in the district he or she represents, such district member shall be deemed to have resigned as a member of the commission.

(4) (a) Each member of the commission shall be appointed by the governor, with the consent of the senate, for a term of four years.

(b) Repealed.

(c) As the terms of the members of the commission expire, the governor shall consider the appointment to the commission of one or more individuals with knowledge or experience in mass transportation to provide for a commission with expertise in different modes of transportation and shall consider the appointment to the commission of at least one individual with knowledge or experience in engineering. In making appointments to the commission, the governor is encouraged to include representation by at least one member who is a person with a disability, as defined in section 24-34-301, a family member of a person with a disability, or a member of an advocacy group for persons with disabilities, provided that the other requirements of this subsection (4)(c) are met.

(5) All members of the commission shall take an oath or affirmation in accordance with section 24-12-101.

(6) The commission shall meet regularly not less than eight times a year, but special meetings may be called by the governor, the chairman of the commission, the executive director, or a majority of the members of the commission on three days' prior notice by mail or, in case of emergency, on twenty-four hours' notice by telephone or other telecommunications device. The commission shall adopt rules in relation to its meetings and the transaction of its business. Six members shall constitute a quorum of the commission. All meetings of the commission, in any suit or proceedings, shall be presumed to have been duly called and regularly held, and all orders, rules, and proceedings of the commission to have been authorized, unless the contrary is proved. Each member of the commission shall receive seventy-five dollars per day for each regular or special meeting of the commission actually attended and shall be reimbursed for his or her necessary expenses incurred in the discharge of such member's official duties. Mileage rates shall be computed in accordance with section 24-9-104, C.R.S.

(7) The members of the commission thus designated or appointed and their successors shall constitute a body corporate to be known by the name and style of the "transportation commission of Colorado", shall have the power to adopt and use a common seal and to change and alter such seal at will, and shall have and exercise all powers necessarily incident to a body corporate or as provided by law.

(8) In addition to all other powers and duties imposed upon it by law, the commission has the following powers and duties:

(a) To formulate the general policy with respect to the management, construction, and maintenance of public highways and other transportation systems in the state and, in that capacity, to receive delegations, including county commissioners and municipal officials interested therein;

(b) To assure that the preservation and enhancement of Colorado's environment, safety, mobility, and economics be considered in the planning, selection, construction, and operation of all transportation projects in Colorado;

(c) To make such studies as it deems necessary to guide the executive director and the chief engineer concerning the transportation needs of the state;

(d) To prescribe the administrative practices to be followed by the executive director and the chief engineer in the performance of any duty imposed on them by law;

(e) Repealed.

(f) To require the executive director and the chief engineer to furnish whatever reports, statistics, information, or assistance it may request in studying any particular transportation problem or with respect to the operation of the department generally;

(g) To furnish the executive director and the chief engineer with advice on any transportation problem with which they may be confronted;

(h) To promulgate and adopt all department budgets, subject to section 43-1-113, and state transportation programs, including construction priorities and the approval of extensions or abandonments of the state highway system and including a capital construction request, based on the statewide transportation improvement programs, for state highway reconstruction, repair, and maintenance projects to be funded from the capital construction fund as provided in section 2-3-1304 (1)(a.5), C.R.S. The provisions of this paragraph (h) shall not apply to the budget of the aeronautics division; except that the commission has the authority to adopt the portion of the division's budget pertaining to its administrative costs and to make an allocation therefor.

(i) To act as consultants and to provide services and information, to the boards of county commissioners, which in the discretion of the commission are deemed beneficial to the state of Colorado. Such duty shall include the establishment of a formal hearing process for the boards of county commissioners.

(j) To do all other things necessary and appropriate in the construction, improvement, and maintenance of the state highway and transportation systems;

(k) To make all necessary and reasonable orders, rules, and regulations in order to carry out the provisions of this part 1 but not inconsistent therewith, but nothing in this section shall be deemed or construed to give the commission or any member thereof the power to direct any officer or any employee, other than the executive director of the department, to do or not to do anything;

(l) To do all things necessary and appropriate in the construction, improvement, and maintenance of the public roads serving the state parks and recreation areas and, to this end, to cooperate with the parks and wildlife commission and the director of the division of parks and wildlife;

(m) To do all things necessary and appropriate in the construction, maintenance, and improvement of recreational trails along and across new or existing state or interstate highways and, to this end, to cooperate with the parks and wildlife commission and the director of the division of parks and wildlife;

(n) To prepare an inventory of, description of use of, evaluation of future plans for, and assessment of the value of property, except for operating highway rights-of-way, held by the department and to determine whether or not the transfer, sale, lease, or other disposition of such property would result in a substantial net benefit to the highway users tax fund or any other fund to which such moneys would be directed. Upon such determination, the commission shall direct the department to dispose of any property that is not anticipated for use for transportation purposes in the reasonably foreseeable future, as determined by the chief engineer, subject to the provisions of section 43-1-210 (5).

(o) To require the internal auditor to perform such audits and furnish such other information or assistance as is set forth in subsection (12) of this section;

(p) (I) To promulgate all necessary and reasonable regulations to establish an emerging small business program for the department. In promulgating such regulations, the commission may provide such assistance to eligible small businesses as the commission determines is appropriate to promote the participation of small businesses in the performance of highway construction work, professional services work, and practice of research work and thereby to increase the competition and lower the cost to the state for such work. For the purposes of this paragraph (p), "professional services" shall have the meaning provided for such term in section 24-30-1402 (6), C.R.S. For the purposes of this paragraph (p), "practice of research" means the performance of professional services involving the design, data collection and data analysis of studies such as evaluation studies, usage studies, feasibility studies, environmental impact studies, polling studies, and other such studies performed by a person qualified by education or training or actual performance in the field.

(II) The assistance that is provided to small businesses under the regulations promulgated by the commission pursuant to the provisions of subparagraph (I) of this paragraph (p) may include, but is not necessarily limited to, the following:

(A) Assistance in developing business plans;

(B) The provision of technical assistance to small businesses;

(C) The provision of payments to prime contractors and consultants for the actual costs incurred by such contractors and consultants in providing job training to small business subcontractors and subconsultants;

(D) The restriction of certain smaller projects to only eligible small businesses;

(E) The provision of assistance to small businesses with bonding and retainage requirements, including, but not necessarily limited to, the waiver of bonding or retainage requirements for certain smaller projects;

(F) Increasing the number of smaller projects that could be completed by small businesses in construction and nonconstruction areas; and

(G) The adjustment of the points awarded in the evaluation of any prospective consultant who is an eligible small business or who will hire eligible small businesses as subconsultants in construction and nonconstruction areas.

(q) (I) To cooperate or contract with the department of transportation of one or more states, regional or national associations, or not-for-profit organizations to provide any function, service, or facility lawfully authorized to each, including the sharing of costs, concerning the research, development, implementation, or utilization of transportation studies, issues, and new transportation technology. Said studies, issues, and technology shall include intelligent vehicle highway systems only if such cooperation or contracts are authorized by each party with the approval of its legislative body or other authority.

(II) Any such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial and otherwise, of the contracting parties.

(III) Where other provisions of law provide requirements for special types of intergovernmental contracting or cooperation, those special provisions shall control.

(IV) Any such contract may provide for the joint exercise of any function, service, or facility, as specified in subparagraph (I) of this paragraph (q), including the establishment of a separate legal entity to do so.

(q.5) In accordance with an implementation plan developed as required by section 32-9-107.7 (4), and on behalf of the department, to enter into a standalone intergovernmental agreement with or create a separate legal entity pursuant to sections 29-1-203 and 29-1-203.5 or pursuant to articles 121 to 137 of title 7 with the regional transportation district, created in section 32-9-105, the front range passenger rail district, created in section 32-22-103 (1), and the high-performance transportation enterprise, created in section 43-4-806 (2)(a)(I), to implement the completion of construction and operation of the regional transportation district's northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service;

(r) Subject to section 2-3-1307, C.R.S., to cooperate with the executive director in complying with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans for the department;

(s) To promulgate rules or guidelines for the maintenance and administration of the transportation infrastructure revolving fund in accordance with section 43-1-113.5.

(9) The commission may adopt rules and regulations to provide that traffic lanes of state highways, or portions thereof, may be designated as diamond lanes for the preferential treatment of buses. The commission may also by rule and regulation provide that diamond lanes, or portions thereof, may also be available for use by vanpools and carpools. Such rules and regulations may include, but shall not be limited to, the minimum number of persons that would constitute a vanpool or carpool, the conditions under which such vanpools and carpools may use such diamond lanes, time restrictions, if any, conformance with existing intergovernmental agreements, and variances between highways. The commission shall report to the senate transportation committee and the house transportation and energy committee as to the utilization of high-occupancy vehicle traffic lanes, and their overall impact on traffic flow and air quality. Any hearings held pursuant to article 4 of title 24, C.R.S., shall be presided over by the commission, its designee for rule-making, or an administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S.

(9.5) (a) The commission shall promulgate and implement written policies based upon the policy directive number 1604.0 issued by the commission on November 18, 1999, or any subsequent policy directive as amended or revised requiring the department to notify and disseminate information regarding transportation construction projects to the public and to residential neighborhoods and businesses that may be affected by transportation construction projects. Such policies shall include at a minimum:

(I) Notification procedures to communities, residences, and businesses affected by a proposed transportation construction project, including time periods for notification and information about lane closures and detours;

(II) Notification and signage requirements to be followed by contractors for a transportation construction project;

(III) Requirements for mitigation of impacts, including but not limited to noise, dust, and access to property caused by a transportation construction project.

(b) The policies issued pursuant to this subsection (9.5) shall not be construed to reopen the project public participation process for any transportation construction project for which the public participation process has been completed prior to June 1, 2002.

(10) The commission shall define the succession of administrative officers in the department so that in the absence of the executive director, the deputy director, or the chief engineer there may always be a designated officer to act in his or her stead and to assume the obligation of his or her office.

(11) The commission shall act only by resolution adopted at a duly called meeting of the commission, and no individual member of the commission shall exercise individually any administrative authority with respect to the department.

(12) (a) Subject to the provisions of section 13 of article XII of the state constitution, the executive director of the department shall appoint an internal auditor, who shall have the status of a division director and shall have the authority to appoint such personnel as may be necessary for the efficient operation of his office. The executive director shall give presumptive consideration to the recommendations of the commission prior to appointing the internal auditor.

(b) The internal auditor shall conduct and supervise:

(I) Internal audits on the department;

(II) External audits on persons entering into contracts with the department, as deemed necessary or advisable by the commission;

(III) Such federally required audits as are delegated to the commission or the department to perform;

(IV) Financial audits in order to ensure the financial integrity of the department; and

(V) Performance audits to determine the efficiency and effectiveness of the operations of the department.

(c) The commission shall establish an audit review committee from the commission membership which shall oversee the operations of the internal auditor and his staff.

(d) The executive director may direct the internal auditor to conduct such other audits as the executive director may deem necessary.

(e) It is the intent of the general assembly to shift reporting of, supervision of, and control of the department's internal auditor to the commission.

(13) Repealed.

(14) The commission shall seek to enter into intergovernmental agreements with local governmental entities in order to encourage cooperation between the department and local governments and to maximize the efficiency of transportation systems in Colorado. Such intergovernmental agreements shall be negotiated by the chief engineer or the executive director pursuant to the provisions of section 43-1-110 (4).

(15) In addition to any other duties required by law, the commission shall have the following charges:

(a) To study the feasibility of generating income for highway operations through the usage of the powers granted to the department under the provisions of part 2 of article 3 of this title;

(b) To study the feasibility of transferring some or all of the existing tunnel and highway authorities to the department and to examine the building of a highway beltway in the Denver metropolitan area;

(c) To study whether the regulation of private and public bus companies should continue to be performed by the public utilities commission or whether such regulation should be performed by the department;

(d) (I) To study and make recommendations for existing and future transportation systems in Colorado with a focus of such study and recommendations being a ten-year plan for each mode of transportation. The ten-year plan must be based on what can be reasonably expected to be implemented with the estimated revenues which are likely to be available. For each transportation project identified in the ten-year plan, the plan must specify and regularly update as circumstances change:

(A) The time frame during which the project is expected to be completed;

(B) The total estimated amount of funding required to complete the project; and

(C) Accounting for the total estimated amount of funding for the project, the amount of funding from each funding source that has been allocated for the project or is anticipated to be allocated for the project. The plan must always identify specific funding sources and amounts that taken together account for full funding for each project identified in the plan but may indicate, to the extent made necessary by data limitations and uncertainties regarding the availability of future funding and with respect to both the plan generally and any individual project, the extent to which and reasons why the sources and amounts of funding listed are uncertain and subject to change.

(II) The commission shall allocate department of transportation funding and resources to the extent necessary to provide to state and local government elected officials a designated and readily available department contact to receive and respond to their questions about the status and funding of specific transportation projects that affect their communities and constituents. The department shall inform the members of the general assembly and the governing body of each county and municipality in the state of the identity of the designated contact and the means by which the designated contact may be reached.

(e) To examine the application of traffic systems management and intelligent vehicle highway systems for Colorado highways. The commission shall complete such examination as soon as practicable.

(16) Repealed.

(17) (a) The commission shall reestablish the standing efficiency and accountability committee that was initially established in 2009 and disbanded in 2013. The committee shall seek ways to maximize the efficiency and accountability of the department to allow increased investment in the transportation system over the short, medium, and long term. The committee shall include:

(I) From the executive branch of state government:

(A) One member of the commission designated by the commission;

(B) One member from the office of the executive director designated by the executive director;

(C) One member from each of the divisions of the department created in section 43-1-104 (1) designated by the executive director after consultation with the directors of each division; and

(D) Any other employees of the department that the executive director may designate;

(I.5) From the legislative branch of state government:

(A) Two members of the house of representatives, one appointed from the majority party by the speaker of the house of representatives and one appointed from the minority party by the minority leader of the house of representatives; and

(B) Two members of the senate, one appointed from the majority party by the president of the senate and one appointed from the minority party by the senate minority leader;

(II) From outside state government, representatives of:

(A) The construction industry;

(B) The engineering industry;

(C) The environmental community;

(D) Transportation planning organizations;

(E) Public transportation providers;

(F) Counties;

(G) Municipalities;

(H) Nonpartisan good governance organizations; and

(I) Any other industries or groups that the commission determines should be represented on the committee; and

(III) Any individuals or representatives of informally constituted groups of individuals that the commission determines should be represented on the committee.

(b) The efficiency and accountability committee shall seek to ensure that the commission and the department execute their duties efficiently and in compliance with all applicable federal and state legal requirements. The committee shall periodically report to the commission and the executive director in order to recommend means by which the commission and the department may execute their duties more efficiently, point out any failures of the commission or the department to comply with applicable federal and state legal requirements, and recommend improvements to commission or department procedures that reduce the likelihood of inadvertent legal compliance failures. The committee shall also specifically examine actions taken by the commission and the department in response to the August 2015 performance audit report prepared by the state auditor titled "Collection and Usage of the FASTER Motor Vehicle Fees" and report its findings regarding the appropriateness, effectiveness, and efficiency of those actions. The executive director or the executive director's designee shall report at least once per calendar year to either the committees of the house of representatives and the senate that have jurisdiction over transportation or the transportation legislation review committee created in section 43-2-145 (1) regarding the activities and recommendations of the efficiency and accountability committee and any actions taken by the commission or the department to implement recommendations of the committee. Notwithstanding section 24-1-136 (11)(a), C.R.S., the reporting requirement continues indefinitely.

(b.5) (I) The efficiency and accountability committee shall study and report to the executive director and the commission its findings and any recommendations regarding the following issues relating to consulting engineer contracts:

(A) Implementation of fixed bid procurement in lieu of bids based on hourly charges;

(B) The quality assurance process;

(C) The revolving door of retired department employees going to work for consultants;

(D) Incentives for closing out the contracts, early project completion, and timely problem resolution; and

(E) Project staffing and implementation of the portion of the department memorandum "Work Plan for Consistent CDOT and Consultant Construction Project Administration" under the heading "Measurements in Fiscal Year 2015".

(II) The department shall annually report to the joint committees of reference of the house of representatives and the senate to which the department is assigned pursuant to section 2-7-203 (1) as part of the hearing required by section 2-7-203 (2)(a) regarding the findings and any recommendations reported as required by subsection (17)(b.5)(I) of this section and the position of the department with respect to the findings and any recommendations.

(c) A member of the efficiency and accountability committee who has a personal or private interest that could reasonably be expected to be affected if the commission or the department implements a proposed committee recommendation shall disclose the interest to the committee and shall abstain from any committee vote to adopt or reject the recommendation.

(d) Repealed.
C.R.S. § 43-1-1501 — CO Code / Title 43 / Article 1 / Part 15 / Section 43-1-1501
43-1-1501. Definitions
Status: in_force

43-1-1501. Definitions. As used in this part 15, unless the context otherwise requires:

(1) "Public entity" includes, but is not limited to, a public body, as that term is defined in section 32-9-103 (11), C.R.S., and any other governmental entity, agency, or official.

(2) "Retail goods and services" means all goods and services sold to the public.

(3) "Transfer facility" means a public park-n-ride, bus terminal, light rail station, or other bus or rail transfer facility operated on property that is owned by the department.
C.R.S. § 43-4-813 — CO Code / Title 43 / Article 4 / Part 8 / Section 43-4-813
43-4-813. Transportation deficit report - annual reporting requirement
Status: repealed

43-4-813. Transportation deficit report - annual reporting requirement. (Repealed)
C.R.S. § 43-2-130 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-130
43-2-130. Street budgets
Status: in_force

43-2-130. Street budgets. In each city, city and county, and incorporated town, the street supervisor or authorized budget officer, in compliance with the local government budget law, shall prepare each year a tentative street budget covering all proposed expenditures for the ensuing calendar year for the city street system. He shall submit the same as his recommended budget for the city street system to the city council or local governing authority for approval.
C.R.S. § 43-1-112.5 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-112.5
43-1-112.5. Establishment of annual allowable revenues and expenditures by general assembly
Status: in_force

43-1-112.5. Establishment of annual allowable revenues and expenditures by general assembly. (1) The general assembly hereby finds and declares that:

(a) Section 20 of article X of the state constitution limits state fiscal year spending;

(b) Subject to certain exclusions specified in section 20 of article X of the state constitution, including the exclusion of collections for another government, as defined in section 24-77-102 (1), all state general fund expenditures and all state cash fund expenditures, including expenditures of the department and the commission, are included in the limitation on state fiscal year spending;

(c) The legislative powers of the general assembly, including but not limited to its plenary power of appropriation, authorize and require the general assembly to assure compliance with the limitation on state fiscal year spending and to make fundamental fiscal policy decisions establishing the level of activity of all departments and agencies of state government, including the department and the commission; and

(d) Consonant with the exercise of such legislative powers, the general assembly must establish limits on the revenues under the jurisdiction of and the expenditures of the department and the commission.

(2) For the 1993-94 fiscal year and fiscal years thereafter, the general assembly, in the general appropriation bill or by separate bill, shall prescribe the total amount of allowable revenues which may be collected and expenditures which may be made by the department and the commission for the fiscal year. The amounts prescribed by the general assembly pursuant to this subsection (2) shall be based upon the determination of the limitation on state fiscal year spending under section 20 of article X of the state constitution and upon decisions establishing the level of activity of all departments and agencies of state government, including the department and the commission.
C.R.S. § 43-2-103 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-103
43-2-103. Urban highway contracts
Status: in_force

43-2-103. Urban highway contracts. In all cases where any part of the state highway system extends into or through a city or incorporated town, the construction and maintenance of such systems shall remain the obligation of the department of transportation. Nothing in this part 1, however, shall be construed as denying the department of transportation the right to enter into a contract with a city or incorporated town for the maintenance or construction of such urban connections, where it appears that such city or incorporated town has adequate facilities.
C.R.S. § 43-2-114 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-114
43-2-114. Standards for county primary roads
Status: in_force

43-2-114. Standards for county primary roads. After December 31, 1953, roads constructed by the respective counties as part of the primary road system shall be constructed to general standards acceptable for county primary roads, where found practicable by the board of county commissioners. Such general standards shall conform to those adopted by the transportation commission for the state highway system for the corresponding class of road in the state highway system.
C.R.S. § 43-2-104 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-104
43-2-104. County highway contracts
Status: in_force

43-2-104. County highway contracts. The department of transportation may also contract with the counties wherein any roads comprising a part of the state highway system are situated for the maintenance or construction of such roads directly by the county.
C.R.S. § 43-4-603 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-603
43-4-603. Creation of authorities - exercise of powers of an authority by transportation p
Status: in_force

43-4-603. Creation of authorities - exercise of powers of an authority by transportation planning organization. (1) Any combination may create, by contract, an authority that is authorized to exercise the functions conferred by this part 6 upon the issuance by the director of the division of a certificate stating that the authority has been duly organized according to the laws of the state. In addition, any transportation planning organization may adopt a resolution authorizing it to exercise the powers of an authority as authorized by section 43-4-622 upon the issuance by the director of the division of a certificate stating that the transportation planning organization has been duly authorized to exercise the powers of an authority according to the laws of the state. The combination joining in the creation of the authority or the transportation planning organization adopting a resolution authorizing it to exercise the powers of an authority shall provide a copy of the contract or resolution to the department of transportation for comment and, if the territory of the proposed authority or the territory in which the transportation planning organization is authorized to exercise the powers of an authority includes or borders any territory of the regional transportation district created in article 9 of title 32 or intersects with or is likely to divert vehicle traffic to or from a toll highway operated by a public highway authority established under part 5 of this article 4, shall also provide a copy of the contract or resolution to the district or the affected public highway authority, as applicable, for comment. The combination or transportation planning organization shall also provide a copy of the contract or resolution for comment to each county and municipality that is not a member of the combination or a member of the transportation planning organization but that includes territory that borders the territory of the proposed authority or the territory in which the transportation planning organization is authorized to exercise the powers of an authority. A transportation planning organization adopting a resolution authorizing it to exercise the powers of an authority shall also provide a copy of the resolution for comment to any existing authority that includes or borders any of the territory in which the transportation planning organization will exercise the powers of an authority and to the regional transportation district created in section 32-9-105 if the regional transportation district includes or borders any of that territory. If the transportation planning organization is required to provide a copy of the resolution for comment to the regional transportation district, it shall also collaborate with the district and ensure that the district's services are taken into consideration and protected when the organization plans to exercise and exercises the powers of an authority. The director shall issue the certificate upon the filing with the director of a copy of the contract by the combination joining in the creation of the authority or a copy of the resolution adopted by the board of the transportation planning organization authorizing the transportation planning organization to exercise the powers of an authority. The director shall cause the certificate to be recorded in the real estate records in each county having territory included in the boundaries of the authority. Upon issuance of the certificate by the director, an authority created by a combination by contract constitutes a separate political subdivision and body corporate of the state and shall have all of the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate.

(1.5) If, after reviewing a contract that creates an authority or a resolution authorizing a transportation planning organization to exercise the powers of an authority provided pursuant to subsection (1) of this section, but in no event more than ninety days after a copy of the contract or resolution is provided pursuant to subsection (1) of this section, the department of transportation, the regional transportation district created in article 9 of title 32, a bordering county or municipality, a public highway authority established under part 5 of this article 4, or, with respect to a resolution only, an existing authority, informs the combination that executed the contract or the transportation planning organization that adopted the resolution that any portions of the regional transportation systems to be provided by the proposed authority that involve road construction or improvement, as specified in the contract or resolution pursuant to subsection (2)(a) of this section, and that are on, alter the physical structure of, or negatively impact safe operation of any highway, road, or street under its jurisdiction or will provide mass transportation services that impact the district, then, at the request of the affected entity, the combination or the transportation planning organization shall enter into an intergovernmental agreement concerning the identified portions or mass transportation services with the department, the district, the bordering county or municipality, the public highway authority, the existing authority, or any combination thereof, as applicable, within one hundred eighty days after a copy of the contract or resolution was provided, eliminate those portions or services from the list of projects specified in the contract before it submits the contract to a vote of the registered electors residing within the boundaries of the proposed authority as required by subsection (4) of this section, or amend or replace the resolution to eliminate those portions or services from the list of projects specified in the resolution. When requesting that an intergovernmental agreement be entered into or that portions of a regional transportation system be eliminated due to a negative impact to safe operation of a highway, road, or street, the requesting entity shall provide, at the time of the request, evidence of the negative impact. The intergovernmental agreement shall specify whatever terms the combination or transportation planning organization and the affected entity or entities deem necessary to avoid duplication of effort and to ensure coordinated transportation planning, efficient allocation of resources, and equitable sharing of costs. If the department is a party to the intergovernmental agreement, the agreement shall also describe in detail any effect on department funding of any portion of the state highway system within the proposed region that is expected to result from the creation of the proposed authority or the exercise of the power of an authority by the transportation planning organization. Nothing in this subsection (1.5) shall be construed to preclude a combination, authority, or transportation planning organization exercising the powers of an authority from entering into an intergovernmental agreement with the department, the district, a public highway authority, a bordering county or municipality, or any other governmental entity regarding any regional transportation system.

(2) Any contract establishing an authority shall specify:

(a) The name and purpose of the authority and the regional transportation systems to be provided;

(b) The establishment and organization of the board of directors in which all legislative power of the authority is vested, including:

(I) The number of directors, which shall be at least five, all of which, except as provided in subsection (5) of this section, shall be elected officials from the members of the combination and which shall include at least one elected official from each member of the combination;

(II) The manner of the appointment, the qualifications, and the compensation, if any, of the directors and the procedure for filling vacancies;

(III) The officers of the authority, the manner of their appointment, and their duties; and

(IV) The voting requirements for action by the board; except that, unless specifically provided otherwise in the contract, a majority of the directors of the board constitutes a quorum and a majority of the board is necessary for action by the board;

(c) The provisions for the distribution, disposition, or division of the assets of the authority;

(d) The boundaries of the authority, which may not include territory outside of the boundaries of the members of the combination, may not include territory within the boundaries of a municipality that is not a member of the combination as the boundaries of the municipality exist on the date the authority is created without the consent of the governing body of such municipality, and may not include territory within the unincorporated boundaries of a county that is not a member of the combination as the unincorporated boundaries of the county exist on the date the authority is created without the consent of the governing body of such county;

(e) The term of the contract, which may be for a definite term or until rescinded or terminated, and the method, if any, by which it may be terminated or rescinded; except that the contract may not be terminated or rescinded so long as the authority has bonds outstanding;

(f) The provisions for amendment of the contract;

(g) The limitations, if any, on the powers granted by this part 6 that may be exercised by the authority pursuant to this part 6; and

(h) The conditions required when adding or deleting parties to the contract.

(2.5) A resolution authorizing a transportation planning organization to exercise the powers of an authority adopted as authorized by section 43-4-622 must specify:

(a) The regional transportation systems to be provided; and

(b) The boundaries of the territory in which the transportation planning organization is authorized to exercise the powers of an authority, which may not include:

(I) Territory outside of the boundaries of the members of the transportation planning organization;

(II) Territory within the boundaries of an existing authority without the approval of the existing authority;

(III) Territory within the boundaries of a municipality that is a member of the transportation planning organization if the governing body of the municipality adopts a resolution objecting to the inclusion of the territory;

(IV) Territory within the boundaries of a county that is a member of the transportation planning organization if the governing body of the county adopts a resolution objecting to the inclusion of the territory;

(V) Territory within the boundaries of a municipality that is not a member of the transportation planning organization as the boundaries of the municipality exist on the date the resolution is adopted without the consent of the governing body of the municipality; or

(VI) Territory within the unincorporated boundaries of a county that is not a member of the transportation planning organization as the unincorporated boundaries of the county exist on the date the resolution is adopted without the consent of the governing body of the county.

(3) No municipality, county, or special district shall enter into a contract establishing an authority and no transportation planning organization shall adopt a resolution authorizing it to exercise the powers of an authority as authorized by section 43-4-622 without holding at least two public hearings thereon in addition to other requirements imposed by law for public notice. The municipality, county, special district, or transportation planning organization shall give notice of the time, place, and purpose of the public hearing by publication in a newspaper of general circulation in the municipality, county, special district, or territory of the transportation planning organization as the case may be, at least ten days prior to the date of the public hearing.

(4) No contract establishing an authority pursuant to this section shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the proposed authority. However, a contract establishing an authority may subsequently be amended in accordance with any amendment procedures specified in the contract pursuant to paragraph (f) of subsection (2) of this section. The question of establishing the authority shall be submitted to such registered electors at a general election or a special election called for such purpose. Such question may also be proposed to such registered electors at the same time and in the same or a separate question as an election required under section 43-4-612. The authority shall not be established unless a majority of the registered electors voting thereon at the election vote in favor thereof. The election shall be conducted in substantially the same manner as county elections, and the county clerk and recorder of each county in which the election is conducted shall assist the members of the combination of the proposed authority in conducting the election.

(5) The state, acting by and through the transportation commission, created in section 43-1-106, and upon the approval of the governor, may join in the contract creating the authority. The number of directors of the board to which the state is entitled shall be established in the contract, but in no case shall the state be entitled to less than one director. The governor shall appoint the director or directors representing the state on the board, with the consent of the senate, for such term as established by the governor.
C.R.S. § 43-5-506 — CO Code / Title 43 / Article 5 / Part 5 / Section 43-5-506
43-5-506. Report
Status: in_force

43-5-506. Report. Notwithstanding section 24-1-136 (11)(a)(I), no later than September 1 of each year, the department of public safety shall report to the legislative audit committee and the house and senate transportation committees, or their successor committees. The report must comment on the effectiveness of the program, annual motorcycle accidents or fatalities, availability of training throughout the state, historic and current training costs, and other performance measures.
C.R.S. § 43-10-115 — CO Code / Title 43 / Article 10 / Section 43-10-115
43-10-115. Submittal of budget for recommendations
Status: in_force

43-10-115. Submittal of budget for recommendations. The board shall submit annually the proposed budget for the division to the transportation commission for the commission's review and, with respect to moneys that are to be allocated for administrative costs, the commission's approval and allocation. The commission shall examine the division's proposed budget and make recommendations based on the comprehensive statewide transportation plan formed by the commission pursuant to the provisions of section 43-1-1103 (5). Except for the portion of the budget that pertains to administrative costs that are allocated by the commission, the commission shall have no authority to reject or to alter any portion of the division's proposed budget.
C.R.S. § 43-3-101 — CO Code / Title 43 / Article 3 / Part 1 / Section 43-3-101
43-3-101. Freeways - how declared - commercial enterprises prohibited - definition
Status: in_force

43-3-101. Freeways - how declared - commercial enterprises prohibited - definition. (1) The transportation commission with the approval of the governor may designate any portion of a highway to be a freeway whenever, in its opinion, by reason of the volume and speed of traffic there is particular danger to the safety of the traveling public by collisions between vehicles proceeding in opposite directions thereon or between vehicles at intersections of said state highways with other public highways or at approaches to said state highways from private property abutting thereon.

(2) Whenever, in the establishment of a freeway, real property held under one ownership is severed by the freeway, then the chief engineer may provide access across the freeway from one such tract to the other either at grade or below or above grade at least once within one mile if there is a demand made for such crossing by the landowner, or he must compensate such landowner for any legally compensable damages sustained by any such severance as provided by law, but the compensable damage shall in no case be less than the difference in value caused by the severance. No such connecting roads shall be used for or in connection with the conduct of any roadside business or enterprise. If such tracts at any time cease to be held under one ownership, the chief engineer may terminate and discontinue such access roads.

(3) Except as provided in subsection (4) of this section, section 32-9-119.8, and part 15 of article 1 of this title 43, a commercial enterprise or activity for serving motorists, other than emergency services for disabled vehicles, shall not be conducted or authorized on any property designated as or acquired for or in connection with a freeway or highway by the department of transportation or any other governmental agency. At locations deemed appropriate by the transportation commission, the department of transportation shall construct local service roads, which open into or connect with a freeway, in such manner as to facilitate the establishment and operation of competitive commercial enterprises for serving users of the freeway on private property abutting such local service roads.

(4) (a) If the requirements of subsection (4)(b) of this section are satisfied, the department of transportation may collaborate with public or private entities to develop projects for the construction of electric vehicle charging systems along interstate highway rights-of-way, including rest areas, as prioritized by the department.

(b) The provisions of subsection (4)(a) of this section apply when 23 U.S.C. sec. 111, or its successor statute, is modified, or when any other federal law is enacted, to expand the allowable commercial services along interstate highway rights-of-way, including rest areas, and the modified or newly enacted law no longer prohibits the construction of electric vehicle charging systems along interstate highway rights-of-way, including rest areas.

(c) The department of transportation may collaborate with public or private entities to develop projects for the construction of electric vehicle charging systems along state highway rights-of-way, including rest areas, as prioritized by the department.

(d) As used in this subsection (4), "electric vehicle charging system" has the meaning set forth in section 38-12-601 (6)(a).
C.R.S. § 43-1-119 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-119
43-1-119. Applications for licenses - authority to suspend licenses - rules
Status: in_force

43-1-119. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued by the department or any authorized agent of the department shall require the applicant's name, address, and social security number.

(2) The department or any authorized agent of the department shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if the department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the department, rules promulgated by the state board of human services, and any memorandum of understanding entered into between the department or an authorized agent thereof and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S.

(3) (a) The department shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the department and the state child support enforcement agency in the department of human services with respect to the implementation of this section and section 26-13-126, C.R.S.

(b) The appropriate rule-making body of the department is authorized to promulgate rules to implement the provisions of this section.

(4) For purposes of this section, "license" means any recognition, authority, or permission that the department or any authorized agent of such department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. "License" may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
C.R.S. § 43-4-506 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-506
43-4-506. Powers of the authority - inclusion or exclusion of property - determination of
Status: repealed

43-4-506. Powers of the authority - inclusion or exclusion of property - determination of public highway alignment. (1) In addition to any other powers granted to the authority pursuant to this part 5, the authority has the following powers:

(a) To have perpetual existence, except as otherwise provided in the contract;

(b) To sue and be sued;

(c) To enter into contracts and agreements affecting the affairs of the authority;

(d) To establish, collect, and, from time to time, increase or decrease fees, tolls, rates, and charges for the privilege of traveling on any public highway financed, constructed, operated, or maintained by the authority, without any supervision or regulation of such fees, tolls, rates, and charges by any board, agency, bureau, commission, or official;

(e) To pledge all or any portion of the revenues to the payment of bonds of the authority;

(f) To construct, finance, operate, or maintain public highways within or without the boundaries of the authority; except that:

(I) The authority shall not construct public highways in any territory located outside the boundaries of the authority and within the boundaries of a municipality without the consent of the governing body of such municipality or within the unincorporated boundaries of a county without the consent of the governing body of such county; and

(II) (A) Upon completion, no public highway of more than three lanes shall have at-grade intersections unless the authority is constructing a public highway to use or connect to existing at-grade infrastructure, the governing body of the municipality, county, or entity that owns the at-grade infrastructure has approved the use of the existing at-grade infrastructure as a part of the public three-lane highway, and the authority and the Colorado department of transportation have executed an intergovernmental agreement that specifies the circumstances under which the construction of an above-grade or below-grade intersection is required and the entity responsible for payment of construction costs to build such intersection.

(B) If the authority is connecting with the at-grade infrastructure of the Colorado department of transportation, the Colorado department of transportation shall be required to give the approval required by sub-subparagraph (A) of this subparagraph (II).

(g) To purchase, trade, exchange, acquire, buy, sell, lease, lease with an option to purchase, dispose of, and encumber real or personal property and any interest therein, including easements and rights-of-way, without restriction or limitation by other statutory or charter provisions;

(h) (I) To have and exercise the power of eminent domain in the manner provided by law for the condemnation of private property for public use and to take any private property necessary to exercise the powers granted in this part 5, either within or without the boundaries of the authority; except that the authority shall not exercise the power of eminent domain with respect to property located outside the boundaries of the authority and within the boundaries of a municipality without the consent of the governing body of such municipality or within the unincorporated boundaries of a county without the consent of the governing body of such county.

(II) To the extent applicable, in addition to any compensation awarded the owner in an eminent domain proceeding pursuant to the requirements of subparagraph (I) of this paragraph (h), and any benefits that may be due the owner pursuant to article 56 of title 24, C.R.S., the authority shall additionally reimburse the owner whose property is being acquired or condemned by such authority the following:

(A) An amount representing the reasonable costs of relocating the individuals, families, and business concerns that will be displaced by such authority, including, without limitation, moving expenses and actual direct losses of property resulting from the displacement. In the case of an owner that is a business concern, such amount shall also cover expenses incurred in connection with the reestablishment of such concern, including, without limitation, expenses incurred in connection with the construction of replacement facilities or utility, water, or sewer connections, as well as lost profits that are reasonably related to relocation of the business resulting from the displacement for which reimbursement or compensation is not otherwise made; and

(B) In connection with proceedings for the authority's acquisition or condemnation of property pursuant to this part 5 in which the final value of the property as determined by the court exceeds ten thousand dollars, the court shall award the owner all of such owner's reasonable attorney fees and the reasonable costs of the litigation incurred by such owner where the award by the court in such proceedings equals or exceeds one hundred thirty percent of the last written offer given to the property owner prior to the filing of the condemnation action. For purposes of this sub-subparagraph (B), the reasonable costs of litigation shall include, but not be limited to, those items includable as costs in accordance with section 13-16-122, C.R.S.

(i) To accept real or personal property for the use of the authority and to accept gifts and conveyances upon such terms and conditions as the board may approve;

(j) To establish, and from time to time increase or decrease, a highway expansion fee and collect such fee from persons who own property located within the boundaries of the authority who apply for a building permit for improvements on such property, which permit is issued in accordance with applicable ordinances, resolutions, or regulations of any county or municipality. After such fees have been established by the authority, no building permit shall be issued by any county or municipality for any improvement constructed within the boundaries of the authority until such fees have been paid to the authority.

(k) To impose an annual motor vehicle registration fee of not more than ten dollars for each motor vehicle registered with the authorized agent, as defined in section 42-1-102, of the county by persons residing in all or any designated portion of the members of the combination. The registration fee is in addition to any fee or tax imposed by the state or any other governmental unit. If a motor vehicle is registered in a county which is a member of more than one authority, the total of all fees imposed pursuant to this subsection (1)(k) for any such motor vehicle shall not exceed ten dollars. The authorized agent shall collect the fee and remit the fee to the authority. The authority shall apply the registration fees solely to the financing, construction, operation, or maintenance of public highways.

(l) to (n) Repealed.

(o) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted by this part 5. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 5.

(2) A public highway authority shall not accept or expend federal funds unless such federal funds are in excess of federal funds for the fiscal year commencing July 1, 1987, or unless such federal funds are specifically authorized, allocated, or made available by the federal government, and unless such acceptance or expenditure is consistent with section 43-1-113 (13).

(3) (a) The board may include property within or exclude property from the boundaries of the authority in the manner provided in this subsection (3). Property may not be included within the boundaries of the authority unless it is within the boundaries of the members of the combination, is contiguous to property within the boundaries of the authority at the time of the inclusion, and is not more than two and one-half miles from the proposed center line of the public highway as described in the contract required by section 43-4-504 (2).

(b) Prior to any inclusion or exclusion of property, the board shall cause notice of the proposed inclusion or exclusion to be published in a newspaper of general circulation within the boundaries of the authority and cause such notice to be mailed to the division, to the transportation commission, and to the owners of property to be included or excluded at the last-known address described for such owners in the real estate records of the county in which such property is located. Such notice shall describe the property to be included within or excluded from the boundaries of the authority, shall specify the date, time, and place at which the board shall hold a public hearing on the proposed inclusion or exclusion, and shall state that persons having objections to the inclusion or exclusion may appear at such hearing to object to the proposed inclusion or exclusion. The date of such public hearing contained in such notice shall be not less than twenty days after the mailing and publication of the notice. The board at the time and place designated in the notice or at such times and places to which the hearing may be adjourned shall hear all objections to the proposed inclusion or exclusion. The board, upon the affirmative vote of two-thirds of the members of the board, may adopt a resolution including or excluding all or any portion of the property described in the notice. Upon the adoption of such resolution, such property shall be included within or excluded from the boundaries of the authority as set forth in the resolution. Such resolution may be adopted by the board without amending the contract required by section 43-4-504 (2). The resolution shall be filed with the director of the division, who shall cause such resolution to be recorded in the real estate records of each county that has territory included in the boundaries of the authority.

(c) All property excluded from the authority shall thereafter be subject to the revenue-raising powers of the authority only to the extent that such powers have been exercised by the authority against such property prior to the exclusion and to the extent required to comply with agreements with the holders of bonds outstanding at the time of the exclusion. All property included within the authority shall thereafter be subject to the revenue-raising powers of the authority. In no way will this section affect or increase property taxes in the affected territory or jurisdiction.

(4) The board, upon the affirmative vote of two-thirds of the members of the board, may determine the location of the alignment of the public highway, subject only to any limitation existing pursuant to paragraph (f) of subsection (1) of this section.
C.R.S. § 43-2-218 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-218
43-2-218. Sections supplemental
Status: in_force

43-2-218. Sections supplemental. Sections 43-2-214 to 43-2-218 are supplemental and in addition to all other powers and authorities by statute or otherwise granted and enjoyed by the respective counties of the state.
C.R.S. § 43-4-217 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-217
43-4-217. Additional funding - road usage fees - rules - legislative declaration - definit
Status: in_force

43-4-217. Additional funding - road usage fees - rules - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:

(a) State motor fuel excise taxes levied on the purchase of motor fuels represent the largest source of state funding for the construction, maintenance, and supervision of the highways, roads, and streets of the state;

(b) The amount of motor fuel taxes paid for motor fuel used to propel a motor vehicle bears a reasonable relationship to the vehicle's use of and impact on the highways, roads, and streets of the state because the amount of motor fuel used by a vehicle is in large part a function of the amount of miles traveled by the vehicle and the weight of the vehicle;

(c) Motor fuel tax rates have not been increased in over twenty-five years, and motor fuel tax revenue has not kept pace and will not keep pace with inflation or the increased transportation infrastructure demands of the growing population of the state because:

(I) The amount of motor fuel tax paid does not depend on the price of motor fuel and therefore does not increase when motor fuel prices increase but instead depends on the quantity of motor fuel purchased, which for most drivers does not increase over time; and

(II) Motor vehicles have become more fuel-efficient over time;

(d) It is necessary, appropriate, and in the best interest of the state to mitigate the declining purchasing power of motor fuel excise taxes by collecting a road usage fee from persons who use the transportation system to travel by motor vehicle, basing the amount of the fee on reasonable estimates of fee payers' usage of and impact on the system, and using fee revenue solely for the construction, maintenance, and supervision of the highways of the state;

(e) Because motor fuel consumption is reasonably related to use of and impact on the transportation system, it is fair to fee payers, reasonable, and appropriate to calculate the amount of the road usage fee based on their motor fuel consumption;

(f) It is also fair to fee payers, reasonable, and appropriate to streamline fee collection by collecting the road usage fee from distributors of motor fuels when motor fuel taxes are collected because the amount of the fee will be incorporated into the retail price of motor fuel and therefore passed on to users of the transportation system in precise proportion to their consumption of motor fuel and in reasonable relation to their use of and impact on the transportation system; and

(g) In accordance with numerous Colorado judicial precedents, the road usage fee and the bridge and tunnel impact fee imposed as authorized by section 43-4-805 (5)(g.5) and collected by the department of revenue on behalf of the statewide bridge and tunnel enterprise pursuant to this section are fees and are not taxes because:

(I) The fees are imposed not to raise revenue for general governmental purposes but instead are imposed for the sole purpose of funding the construction, maintenance, and supervision of the transportation system, with a priority placed on projects that are designated as ten-year vision projects on the department's ten-year vision project list;

(II) Fee revenue defrays costs incurred by the state in funding construction, maintenance, and supervision of the transportation system that is necessitated by increased use of the system by the fee payers who use motor vehicles on the transportation system; and

(III) The fees are imposed at rates that are reasonably calculated to defray the costs of providing the service, are based on the use and impact on the transportation system by fee payers, and are thus proportional to the benefits received by fee payers.

(2) As used in this section:

(a) "Gasoline" means gasoline, as defined in section 39-27-101 (12), that is taxed at the rate specified in section 39-27-102 (1)(a)(II)(A).

(b) "Inflation" means the average annual percentage change in the United States department of transportation, federal highway administration, national highway construction cost index or its applicable predecessor or successor index for the five-year period ending on the last December 31 before a state fiscal year for which an adjustment to the road usage fee imposed pursuant to subsection (3) or (4) of this section is to be made begins.

(c) "Special fuel" means special fuel, as defined in section 39-27-101 (29), that is taxed at the rate specified in section 39-27-102 (1)(a)(II)(B). "Special fuel" does not include diesel fuel and kerosene to which indelible dye meeting federal regulations is added before or upon removal from a terminal so long as such fuel is not used for a taxable purpose as described in section 39-27-102.5 (1.5).

(3) (a) Except as otherwise provided in subsection (6) of this section, on and after April 1, 2023, each distributor of gasoline that pays the excise tax imposed on gasoline shall also pay, at the same time and in the same manner as the excise tax, a road usage fee in the amount specified in subsection (3)(b)(I) of this section or annually calculated by the department of revenue as required by subsection (3)(b)(II) or (3)(b)(III) of this section.

(b) (I) The amount of the road usage fee for each gallon of gasoline acquired, sold, offered for sale, or used in this state from April 1, 2023, through June 30, 2023, and during state fiscal years 2023-24 through 2031-32 is:

(A) Two cents per gallon from April 1, 2023, through June 30, 2023;

(B) Three cents per gallon for state fiscal year 2023-24;

(C) Four cents per gallon for state fiscal year 2024-25;

(D) Five cents per gallon for state fiscal year 2025-26;

(E) Six cents per gallon for state fiscal year 2026-27;

(F) Seven cents per gallon for state fiscal year 2027-28; and

(G) Eight cents per gallon for state fiscal years 2028-29 through 2031-32.

(II) Except as otherwise provided in subsection (3)(b)(III) of this section, the amount of the road usage fee for each gallon of gasoline acquired, sold, offered for sale, or used in this state during state fiscal year 2032-33 or during any subsequent state fiscal year is the sum of:

(A) The nominal amount of eight cents on December 31, 2030, adjusted for inflation; and

(B) The difference between the nominal amount of twenty-two cents on December 31, 2030, adjusted for inflation, and the nominal amount of twenty-two cents on December 31, 2030.

(III) An adjustment for inflation shall be made pursuant to subsection (3)(b)(II) of this section only if the rate of inflation is positive and must be the lesser of the actual rate of inflation or five percent. The department of revenue shall calculate the inflation adjusted amount of the road usage fee for state fiscal year 2032-33 and shall publish the amount no later than April 15, 2032.

(4) (a) Except as otherwise provided in subsection (6) of this section, on and after April 1, 2023, each distributor of special fuel that pays the excise tax imposed on special fuel shall also pay, at the same time and in the same manner as the excise tax, a road usage fee in the amount specified in subsection (4)(b)(I) of this section or annually calculated by the department of revenue as required by subsection (4)(b)(II) or (4)(b)(III) of this section.

(b) (I) The amount of the road usage fee for each gallon of special fuel acquired, sold, offered for sale, or used in this state from April 1, 2023, through June 30, 2023, and during state fiscal years 2023-24 through 2031-32 is:

(A) Two cents per gallon from April 1, 2023, through June 30, 2023;

(B) Three cents per gallon for state fiscal year 2023-24;

(C) Four cents per gallon for state fiscal year 2024-25;

(D) Five cents per gallon for state fiscal year 2025-26;

(E) Six cents per gallon for state fiscal year 2026-27;

(F) Seven cents per gallon for state fiscal year 2027-28; and

(G) Eight cents per gallon for state fiscal years 2028-29 through 2031-32.

(II) Except as otherwise provided in subsection (4)(b)(III) of this section, the amount of the road usage fee for each gallon of special fuel acquired, sold, offered for sale, or used in this state during state fiscal year 2032-33 or during any subsequent state fiscal year is the sum of:

(A) The nominal amount of eight cents on December 31, 2030, adjusted for inflation; and

(B) The difference between the nominal amount of twenty and one-half cents on December 31, 2030, adjusted for inflation, and the nominal amount of twenty and one-half cents on December 31, 2030.

(III) An adjustment for inflation shall be made pursuant to subsection (4)(b)(II) of this section only if the rate of inflation is positive and must be the lesser of the actual rate of inflation or five percent. The department of revenue shall calculate the inflation adjusted amount of the road usage fee for state fiscal year 2032-33 and shall publish the amount no later than April 15, 2032.

(5) Each distributor of special fuel that pays the excise tax imposed on special fuel shall also pay, at the same time and in the same manner as the excise tax and the road usage fee imposed pursuant to subsections (3) and (4) of this section, a bridge and tunnel impact fee in the amount imposed by the statewide bridge and tunnel enterprise as authorized by section 43-4-805 (5)(g.5). The collection and administration of the bridge and tunnel impact fee by the department of revenue on behalf of the statewide bridge and tunnel enterprise is done on behalf of the enterprise for the purpose of minimizing compliance costs for distributors and administrative costs for the state, and all bridge and tunnel impact fee revenue is revenue of the enterprise only and is excluded from state fiscal year spending, as defined in section 24-77-102 (17).

(6) (a) A distributor is not required to pay the road usage fee imposed by subsection (3) or (4) of this section or the bridge and tunnel impact fee imposed as authorized by section 43-4-805 (5)(g.5), if the distributor would otherwise be liable for the excise tax on the gasoline or special fuel subject to the fee but is allowed to sell the gasoline or special fuel without payment of the applicable excise tax pursuant to section 39-27-102 (1)(b)(II) or section 39-27-102.5 (2)(b).

(b) Gasoline or special fuel removed from a terminal in this state by a person licensed as an exporter pursuant to section 39-27-104 exclusively for delivery to another state is not subject to the road usage fee imposed by subsection (3) or (4) of this section or the bridge and tunnel impact fee imposed as authorized by section 43-4-805 (5)(g.5).

(c) The burden of proving that gasoline or special fuel is not subject to the road usage fee imposed by subsection (3) or (4) of this section or the bridge and tunnel impact fee imposed as authorized by section 43-4-805 (5)(g.5) is on the distributor under such reasonable requirements of proof as the executive director of the department of revenue may prescribe.

(7) The collection, administration, and enforcement of the road usage fees imposed by subsection (3) or (4) of this section and the bridge and tunnel impact fee imposed as authorized by section 43-4-805 (5)(g.5) shall be performed by the executive director of the department of revenue in the same manner as the collection, administration, and enforcement of state gasoline and special fuel taxes pursuant to article 27 of title 39. A distributor who pays the road usage fee as required by subsection (3) or (4) of this section shall remit the fee, together with any bridge and tunnel impact fee that the distributor also pays as required by section 43-4-805 (5)(g.5) and subsection (5) of this section, to the department of revenue at the same time and in the same manner in which the distributor remits gasoline or special fuel taxes collected by the distributor as required by article 27 of title 39. The department of revenue may promulgate rules to implement this section.

(8) In accordance with section 43-4-203 (1)(f), the state treasurer shall credit all road usage fee revenue collected as required by this section to the highway users tax fund created in section 43-4-201. In accordance with section 43-4-805 (5)(g.5), the state treasurer shall credit all bridge and tunnel impact fee revenue collected as required by this section to the statewide bridge and tunnel enterprise special revenue fund created in section 43-4-805 (3)(a). All fees credited to the highway users tax fund pursuant to this section shall be allocated from the highway users tax fund to the state, counties, and municipalities as required by section 43-4-205 (6.8).
C.R.S. § 43-4-1503 — CO Code / Title 43 / Article 4 / Part 15 / Section 43-4-1503
43-4-1503. Fuels impact enterprise - creation - powers and duties
Status: in_force

43-4-1503. Fuels impact enterprise - creation - powers and duties. (1) (a) The fuels impact enterprise is created in the department. The enterprise is and operates as a government-owned business within the department in order to execute its business purposes as specified in subsection (2) of this section by exercising the powers and performing the duties and functions set forth in this section.

(b) The enterprise is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department. The governing board of the enterprise is made up of the transportation commission created in section 43-1-106 (1).

(2) The business purposes of the enterprise are to improve the transportation of fuel in the state and monitor vehicle emissions. To allow the enterprise to accomplish these business purposes and fully exercise its powers and duties, the enterprise may:

(a) Impose a fuels impact reduction fee as authorized by section 43-4-1505;

(b) Issue grants as authorized by the fuels impact reduction grant program created in section 43-4-1506; and

(c) Issue revenue bonds payable from fuels impact reduction fee revenue and other available money of the enterprise.

(3) The enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total annual revenue in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (3), the enterprise is not subject to section 20 of article X of the state constitution.

(4) In addition to any other powers and duties specified in this section, the enterprise has the following general powers and duties:

(a) To provide services as set forth in section 43-4-1506; and

(b) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers and duties granted by this section.
C.R.S. § 43-4-605 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-605
43-4-605. Powers of the authority - inclusion or exclusion of property - determination of
Status: repealed

43-4-605. Powers of the authority - inclusion or exclusion of property - determination of regional transportation system alignment - fund created - repeal. (1) In addition to any other powers granted to an authority pursuant to this part 6, an authority has the following powers:

(a) To have perpetual existence, except as otherwise provided in the contract;

(b) To sue and be sued;

(c) To enter into contracts and agreements affecting the affairs of the authority;

(d) To establish, collect, and, from time to time, increase or decrease fees, tolls, rates, and charges for the privilege of traveling on or using any property included in any regional transportation system financed, constructed, operated, or maintained by the authority, without the fees, tolls, rates, and charges being subject to any supervision or regulation by any board, agency, bureau, commission, or official; except that any fees, tolls, rates, and charges imposed for the use of any regional transportation system shall be fixed and adjusted so that the fees, tolls, rates, and charges collected, along with other revenues, if any, are at least sufficient to pay for any bonds issued pursuant to this part 6 and interest thereon;

(e) To pledge all or any portion of the revenues to the payment of bonds of the authority;

(f) To finance, construct, operate, or maintain regional transportation systems within or without the boundaries of the authority; except that the authority shall not construct regional transportation systems in any territory located outside the boundaries of the authority and within the boundaries of a municipality as the boundaries of the municipality exist on the date the authority is created without the consent of the governing body of the municipality; outside the boundaries of the authority and within the unincorporated boundaries of a county as the unincorporated boundaries of the county exist on the date the authority is created without the consent of the governing body of the county; or inside or outside the boundaries of the authority if the regional transportation systems would alter the state highway system, as defined in section 43-2-101 (1), or the interstate system, as defined in section 43-2-101 (2), except as authorized by an intergovernmental agreement entered into by the members of the combination that created the authority or the transportation planning organization exercising the powers of an authority and the department of transportation as required by section 43-4-603 (1.5);

(g) To purchase, trade, exchange, acquire, buy, sell, lease, lease with an option to purchase, dispose of, and encumber real or personal property and any interest therein, including easements and rights-of-way;

(h) To accept real or personal property for the use of the authority and to accept gifts and conveyances upon the terms and conditions as the board may approve;

(i) To impose an annual motor vehicle registration fee of not more than ten dollars for each motor vehicle registered with the authorized agent, as defined in section 42-1-102, of the county by persons residing in all or any designated portion of the members of the combination or of the members of the transportation planning organization exercising the powers of an authority as authorized by section 43-4-622; except that the authority shall not impose a motor vehicle registration fee with respect to motor vehicles registered to persons residing outside the boundaries of the authority and within the boundaries of a municipality as the boundaries of the municipality exist on the date the authority is created or the resolution authorizing the transportation planning organization to exercise the powers of an authority is adopted without the consent of the governing body of the municipality or outside the boundaries of the authority and within the unincorporated boundaries of a county as the unincorporated boundaries of the county exist on the date the authority is created without the consent of the governing body of the county. The registration fee is in addition to any fee or tax imposed by the state or any other governmental unit. If a motor vehicle is registered in a county that is a member of more than one authority, the total of all fees imposed pursuant to this subsection (1)(i) for the motor vehicle shall not exceed ten dollars. The authorized agent of the county in which the registration fee is imposed shall collect the fee and remit the fee to the authority. The authority shall apply the registration fees solely to the financing, construction, operation, or maintenance of regional transportation systems that are consistent with the expenditures specified in section 18 of article X of the state constitution.

(i.5) (I) Subject to the provisions of section 43-4-612, to impose, in all or any designated portion of the members of the combination or of the members of the transportation planning organization exercising the powers of an authority as authorized by section 43-4-622, a visitor benefit tax on persons who purchase overnight rooms or accommodations; except that the authority shall not impose a visitor benefit tax on overnight rooms or accommodations that are in any territory:

(A) Outside the boundaries of the authority and within the boundaries of a municipality as the boundaries of the municipality exist on the date the authority is created without the consent of the governing body of such municipality; or

(B) Outside the boundaries of the authority and within the unincorporated boundaries of a county as the unincorporated boundaries of the county exist on the date the authority is created without the consent of the governing body of such county.

(II) The visitor benefit tax is in addition to any fee or tax imposed by the state or any other governmental unit and a minimum of seventy-five percent of the net revenue derived from the tax shall be used by the authority solely to finance, construct, operate, and maintain regional transportation systems and provide incentives to overnight visitors to use public transportation.

(III) Notwithstanding the provisions of subparagraph (I) of this paragraph (i.5), an authority may derive no more than one-half of its total revenues from the visitor benefit tax.

(IV) Any authority that imposes a visitor benefit tax shall give due consideration to the transportation needs of persons who pay the visitor benefit tax on the purchase of overnight rooms or accommodations when constructing, operating, and maintaining regional transportation systems and shall ensure that such visitors have easy access to the regional transportation systems.

(V) [Editor's note: This version of subsection (1)(i.5)(V) is effective until July 1, 2025.] Upon the request of the authority, the executive director of the department of revenue shall administer and collect the visitor benefit tax authorized by subparagraph (I) of this paragraph (i.5). If the authority requests that the executive director administer and collect the tax, the executive director shall make monthly distributions of the tax collections to the authority. The department of revenue shall retain an amount not to exceed the cost of the collection, administration, and enforcement and shall transmit the amount to the state treasurer who shall credit the same to the regional transportation authority visitor benefit tax fund, which fund is hereby created. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of the provisions of this part 6. Any moneys remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that, prior to the transmission to the authority of such moneys, any moneys appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid.

(V) [Editor's note: This version of subsection (1)(i.5)(V) is effective July 1, 2025.] The executive director of the department of revenue shall collect, administer, and enforce the visitor benefit tax authorized by subsection (1)(i.5)(I) of this section pursuant to part 2 of article 2 of title 29. The department of revenue shall retain an amount not to exceed the cost of the collection, administration, and enforcement and shall transmit the amount to the state treasurer who shall credit the same to the regional transportation authority visitor benefit tax fund, which fund is hereby created. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of the provisions of this part 6. Any money remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that, prior to the transmission to the authority of such money, any money appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid.

(j) (I) [Editor's note: This version of subsection (1)(j)(I) is effective until July 1, 2025.] Subject to the provisions of section 43-4-612, to levy, in all or any designated portion of the members of the combination or of the members of the transportation planning organization exercising the powers of an authority as authorized by section 43-4-622, a sales or use tax, or both, at a rate not to exceed two percent upon every transaction or other incident with respect to which a sales or use tax is levied by the state; except that, if the authority includes territory that is within the regional transportation district created and existing pursuant to article 9 of title 32, a designated portion of the members of the combination or of the members of the transportation planning organization in which a new tax is levied must be composed of entire territories of members of the combination or of the members of the transportation planning organization so that the rate of tax imposed pursuant to this part 6 within the territory of any single member of the combination or of the members of the transportation planning organization is uniform and except that the authority shall not levy a sales or use tax on any transaction or other incident occurring in any territory located outside the boundaries of the authority and within the boundaries of a municipality as the boundaries of the municipality exist on the date the authority is created without the consent of the governing body of the municipality or outside the boundaries of the authority and within the unincorporated boundaries of a county as the unincorporated boundaries exist on the date the authority is created without the consent of the governing body of the county. Subject to the provisions of section 43-4-612, the authority may elect to levy any such sales or use tax at different rates in different designated portions of the members of the combination or of the members of the transportation planning organization; except that, if the authority includes territory that is within the regional transportation district, a designated portion of the members of the combination or of the members of the transportation planning organization in which a new tax is levied must be composed of entire territories of members of the combination or of the members of the transportation planning organization so that the rate of tax imposed pursuant to this part 6 within the territory of any single member of the combination or of the transportation planning organization is uniform. If the authority so elects, it shall submit a single ballot question that lists all of the different rates to the registered electors of all designated portions of the members of the combination or of the transportation planning organization in which the proposed sales or use tax is to be levied. The tax imposed pursuant to this subsection (1)(j) is in addition to any other sales or use tax imposed pursuant to law. If a member of the combination or of the transportation planning organization is located within more than one authority, the sales or use tax, or both, authorized by this subsection (1)(j) shall not exceed two percent upon every transaction or other incident with respect to which a sales or use tax is levied by the state. The executive director of the department of revenue shall collect, administer, and enforce the sales or use tax, to the extent feasible, in the manner provided in section 29-2-106. The director shall make monthly distributions of the tax collections to the authority, which shall apply the proceeds solely to the financing, construction, operation, or maintenance of regional transportation systems. The department shall retain an amount not to exceed the total cost of the collection, administration, and enforcement and shall transmit the amount to the state treasurer, who shall credit the same to the regional transportation authority sales tax fund, which fund is hereby created. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of this part 6. Any money remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that, prior to the transmission to the authority of such money, any money appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid.

(j) (I) [Editor's note: This version of subsection (1)(j)(I) is effective July 1, 2025.] (A) Subject to the provisions of section 43-4-612, to levy, in all or any designated portion of the members of the combination or of the members of the transportation planning organization exercising the powers of an authority as authorized by section 43-4-622, a sales or use tax, or both, at a rate not to exceed two percent upon every transaction or other incident with respect to which a sales or use tax is levied by the state; except that, if the authority includes territory that is within the regional transportation district created and existing pursuant to article 9 of title 32, a designated portion of the members of the combination or of the members of the transportation planning organization in which a new tax is levied must be composed of entire territories of members of the combination or of the members of the transportation planning organization so that the rate of tax imposed pursuant to this part 6 within the territory of any single member of the combination or of the members of the transportation planning organization is uniform and except that the authority shall not levy a sales or use tax on any transaction or other incident occurring in any territory located outside the boundaries of the authority and within the boundaries of a municipality as the boundaries of the municipality exist on the date the authority is created without the consent of the governing body of the municipality or outside the boundaries of the authority and within the unincorporated boundaries of a county as the unincorporated boundaries exist on the date the authority is created without the consent of the governing body of the county. Subject to the provisions of section 43-4-612, the authority may elect to levy any such sales or use tax at different rates in different designated portions of the members of the combination or of the members of the transportation planning organization; except that, if the authority includes territory that is within the regional transportation district, a designated portion of the members of the combination or of the members of the transportation planning organization in which a new tax is levied must be composed of entire territories of members of the combination or of the members of the transportation planning organization so that the rate of tax imposed pursuant to this part 6 within the territory of any single member of the combination or of the transportation planning organization is uniform. If the authority so elects, it shall submit a single ballot question that lists all of the different rates to the registered electors of all designated portions of the members of the combination or of the transportation planning organization in which the proposed sales or use tax is to be levied.

(B) The tax imposed pursuant to this subsection (1)(j) is in addition to any other sales or use tax imposed pursuant to law. If a member of the combination or of the transportation planning organization is located within more than one authority, the sales or use tax, or both, authorized by this subsection (1)(j) shall not exceed two percent upon every transaction or other incident with respect to which a sales or use tax is levied by the state.

(C) The executive director of the department of revenue shall collect, administer, and enforce the sales or use tax pursuant to part 2 of article 2 of title 29. The authority shall apply monthly distributions received from the department of revenue pursuant to section 29-2-207 solely to the financing, construction, operation, or maintenance of regional transportation systems.

(D) The department shall retain an amount not to exceed the total cost of the collection, administration, and enforcement and shall transmit the amount to the state treasurer, who shall credit the same to the regional transportation authority sales tax fund, which fund is hereby created. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of this part 6. Any money remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that, prior to the transmission to the authority of such money, any money appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid.

(II) A sales or use tax, or both, levied pursuant to subparagraph (I) of this paragraph (j) shall not be levied on the sale of tangible personal property:

(A) Delivered by a retailer or a retailer's agent or to a common carrier for delivery to a destination outside the authority;

(B) Upon which specific ownership tax has been paid or is payable if the purchaser resides outside the boundaries of the authority or the purchaser's principal place of business is outside the boundaries of the authority and if the personal property is registered or required to be registered outside the boundaries of the authority; or

(C) Where such tangible personal property is a cigarette.

(j.5) (I) Subject to the provisions of section 43-4-612, to impose a uniform mill levy of up to five mills on all taxable property within the territory of the authority. This subsection (1)(j.5) does not limit or affect the power of an authority to establish local improvement districts and impose special assessments as authorized by section 43-4-608.

(II) Repealed.

(k) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted by this part 6. The specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 6.

(2) (a) The board may include property within or exclude property from the boundaries of the authority in the manner provided in this subsection (2). Property may not be included within the boundaries of the authority unless it is within the boundaries of the members of the combination or of the transportation planning organization exercising the powers of an authority as authorized by section 43-4-622 at the time of the inclusion. Property located within the boundaries of a municipality that is not a member of the combination or of the transportation planning organization as the boundaries of the municipality exist on the date the property is included may not be included without the consent of the governing body of the municipality, and property within the unincorporated boundaries of a county that is not a member of the combination or of the transportation planning organization as the unincorporated boundaries of the county exist on the date the property is included may not be included without the consent of the governing body of the county.

(b) (I) Prior to any inclusion in or exclusion of property from the boundaries of the authority, the board shall cause notice of the proposed inclusion or exclusion to be published in a newspaper of general circulation within the boundaries of the authority and cause the notice to be mailed to the division, to the transportation commission, and to the owners of property to be included or excluded at the last-known address described for the owners in the real estate records of the county in which the property is located. The notice shall describe the property to be included in or excluded from the boundaries of the authority, shall specify the date, time, and place at which the board shall hold a public hearing on the proposed inclusion or exclusion, and shall state that persons having objections to the inclusion or exclusion may appear at the public hearing to object to the proposed inclusion or exclusion. The date of the public hearing contained in the notice shall be not less than twenty days after the mailing and publication of the notice. The board, at the time and place designated in the notice or at such times and places to which the hearing may be adjourned, shall hear all objections to the proposed inclusion or exclusion.

(II) The board, upon the affirmative vote of two-thirds of the directors of the board, may adopt a resolution including or excluding all or any portion of the property described in the notice. Upon the adoption of the resolution, the property shall be included within or excluded from the boundaries of the authority as set forth in the resolution. The board may adopt the resolution without amending the contract required by section 43-4-603 (2). The board shall file the resolution with the director of the division, who shall cause the resolution to be recorded in the real estate records of each county having territory included in the boundaries of the authority.

(c) All property excluded from the authority shall thereafter be subject to the revenue-raising powers of the authority only to the extent that the powers have been exercised by the authority against the property or activities occurring on the property prior to the exclusion and to the extent required to comply with agreements with the holders of bonds outstanding at the time of the exclusion. All property or activities occurring on the property included within the authority shall thereafter be subject to the revenue-raising powers of the authority. In no way will this section affect or increase property taxes in the affected territory or jurisdiction.

(3) Property included in an authority pursuant to this section is subject to the same mill levies and other taxes levied or to be levied on other similarly situated property at the time the additional property is included. The newly included property is an addition to taxable real property, and the application of such levies and other taxes to the newly included property is not subject to the requirements of section 20 (4) of article X of the state constitution. This subsection (3) is intended to place newly included property and similarly situated existing property within an authority on an equal basis.

(4) The board, upon the affirmative vote of two-thirds of the directors of the board, may determine the location of the regional transportation system.

(5) Any regional transportation system constructed by an authority under this part 6 that is funded, in whole or in part, from the highway users tax fund and that may be reasonably expected to exceed one hundred fifty thousand dollars in the aggregate for any fiscal year shall be subject to the construction bidding provisions in part 7 of article 1 of title 29, C.R.S. If the state is involved in the construction of the regional transportation system, the construction bidding provisions in article 92 of title 24, C.R.S., shall apply. Nothing herein shall be construed to affect the ability of such entities to enter into design-build contracts under applicable state laws.

(6) In exercising any of the powers to impose taxes pursuant to subsection (1) of this section, an authority shall, whenever possible, assess any such tax within the boundaries of existing taxing districts in order to reduce the administrative costs of the department of revenue.
C.R.S. § 43-4-208 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-208
43-4-208. Municipal allocation
Status: repealed

43-4-208. Municipal allocation. (1) After paying the costs of the Colorado state patrol and any other costs of the department, exclusive of highway construction, highway improvements, or highway maintenance, that are appropriated by the general assembly, the money, including money transferred from the general fund to the highway users tax fund pursuant to section 24-75-219 (5)(a)(II) and (5)(b)(II), that section 43-4-205 requires to be paid from the highway users tax fund to cities and incorporated towns shall be paid to the cities and incorporated towns within the limits of the respective counties, subject to annual appropriation by the general assembly, and shall be allocated and expended as provided in this section. Each city treasurer shall account for the money received as provided in this part 2. Money so allocated shall be expended by the cities and incorporated towns for the construction, engineering, reconstruction, maintenance, repair, equipment, improvement, and administration of the system of streets of such city or incorporated town or of any public highways located within such city or incorporated town, including any state highways, together with the acquisition of rights-of-way and access rights for the same, and for the planning, designing, engineering, acquisition, installation, construction, repair, reconstruction, maintenance, operation, or administration of transit-related projects, including, but not limited to, designated bicycle or pedestrian lanes of highway and infrastructure needed to integrate different transportation modes within a multimodal transportation system, and for no other purpose; except that money paid to the cities and incorporated towns pursuant to section 43-4-205 (6.3) shall be expended by the cities and incorporated towns only for road safety projects, as defined in section 43-4-803 (21). The amount expended for administrative purposes shall not exceed five percent of each city's share of the funds available.

(2) For the purpose of allocating money in the highway users tax fund to the various cities and incorporated towns throughout the state, the following method is adopted:

(a) Except as otherwise provided in subsection (6) of this section, eighty percent shall be allocated to the cities and incorporated towns in proportion to the adjusted urban motor vehicle registration in each city and incorporated town. The term "urban motor vehicle registration" includes all passenger, truck, truck-tractor, and motorcycle registrations. The number of registrations used in computing the percentage shall be those certified to the state treasurer by the department of revenue as constituting the urban motor vehicle registration for the last preceding year. The adjusted registration shall be computed by applying a factor to the actual number of such registrations to reflect the increased standards and costs of construction resulting from the concentration of vehicles in cities and incorporated places. For this purpose the following table of actual registration numbers and factors shall be employed:

Actual registration Factor

1 -- 500 1.0

501 -- 1,250 1.1

1,251 -- 2,500 1.2

2,501 -- 5,000 1.3

5,001 -- 12,500 1.4

12,501 -- 25,000 1.5

25,001 -- 50,000 1.6

50,001 -- 85,000 1.7

85,001 -- 130,000 1.8

130,001 -- 185,000 1.9

185,001 and over 2.0

(b) Twenty percent shall be allocated to the cities and incorporated towns in proportion to the mileage of open, used, and maintained streets in each city and incorporated town, excepting the mileage of state highways.

(3) The department of transportation, prior to July 1 of each year, shall certify to the state treasurer the mileage figures as of December 31 of the preceding year of the several cities and incorporated towns within the state, and the state treasurer shall use such mileage figures for the current fiscal year as the basis for the allocation mentioned.

(4) Repealed.

(5) For the purpose of this section, the city and county of Denver and the city and county of Broomfield shall be considered as cities.

(6) (a) In addition to the provisions of subsection (2)(a) of this section, on or after July 1, 1979, eighty percent of all additional money becoming available to cities and incorporated towns from the highway users tax fund pursuant to sections 24-75-215 and 43-4-205 (6)(b)(III) and, on and after July 1, 2018, eighty percent of the general fund money transferred from the general fund to the highway users tax fund pursuant to section 24-75-219 (5)(a)(II) and (5)(b)(II) that is required by section 43-4-205 (6.4)(b) and subsection (1) of this section to be allocated to the cities and incorporated towns is allocated to the cities and incorporated towns in proportion to the adjusted urban motor vehicle registration in each city and incorporated town. The term "urban motor vehicle registration", as used in this section, includes all passenger, truck, truck-tractor, and motorcycle registrations. The number of registrations used in computing the percentage shall be those certified to the state treasurer by the department of revenue as constituting the urban motor vehicle registration for the last preceding year. The adjusted registration shall be computed by applying a factor to the actual number of such registrations to reflect the increased standards and costs of construction resulting from the concentration of vehicles in cities and incorporated places. For this purpose the following table of actual registration numbers and factors shall be employed:

Actual registration Factor

1 -- 500 1.0

501 -- 1,250 1.1

1,251 -- 2,500 1.2

2,501 -- 5,000 1.3

5,001 -- 12,500 1.4

12,501 -- 25,000 1.5

25,001 -- 50,000 1.6

50,001 -- 85,000 1.7

85,001 -- 125,000 1.8

125,001 -- 165,000 1.9

165,001 -- 205,000 2.0

205,001 -- 245,000 2.1

245,001 -- 285,000 2.2

285,001 -- 325,000 2.3

325,001 -- 365,000 2.4

365,001 -- 405,000 2.5

405,001 -- 445,000 2.6

445,001 -- 485,000 2.7

485,001 -- 525,000 2.8

525,001 -- 565,000 2.9

565,001 -- 605,000 3.0

(b) The share allocated to the city and county of Denver shall be the amount determined by applying the applicable factors set forth in paragraph (a) of this subsection (6) and paragraph (b) of subsection (2) of this section.

(c) Repealed.
C.R.S. § 43-1-1405 — CO Code / Title 43 / Article 1 / Part 14 / Section 43-1-1405
43-1-1405. Public notice procedures
Status: in_force

43-1-1405. Public notice procedures. At least forty-five days prior to the anticipated date of selecting a design-build firm for a transportation project, the department shall publish a public notice at least twice in one or more daily newspapers of general circulation in the state. The public notice shall set forth a general description of the transportation project.
C.R.S. § 43-3-212.6 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-212.6
43-3-212.6. Disposition of tolls - when bonds not issued
Status: in_force

43-3-212.6. Disposition of tolls - when bonds not issued. (1) If bonds are not issued pursuant to this part 2, any fees, fares, and tolls to be charged for the use of any turnpike shall be fixed and adjusted so that the fees, fares, and tolls collected, along with other revenues, if any, are at least sufficient to ensure, as applicable:

(a) Reimbursement or payment to the department of transportation for all costs relating to or resulting from the turnpike project, including, but not limited to, costs for the design, finance, construction, operation, maintenance, improvement, and reconstruction of the turnpike, and for all works, facilities, and means necessary or convenient to the full exercise of the powers granted to the department of transportation under this part 2;

(b) The reasonable return on investment of any private entity financing the turnpike project by means of a public-private initiative pursuant to section 43-3-202.5 and part 12 of article 1 of this title.

(2) If amounts generated from the fees, fares, and tolls collected exceed the amount required in subsection (1) of this section and if the transportation commission determines that a turnpike project is being adequately maintained, the department of transportation may use any proceeds in excess of such amounts for the maintenance, construction, and operation of a network of turnpikes.
C.R.S. § 43-3-407 — CO Code / Title 43 / Article 3 / Part 4 / Section 43-3-407
43-3-407. Cessation in office not to affect signature
Status: repealed

43-3-407. Cessation in office not to affect signature. (Repealed)
C.R.S. § 43-10-109 — CO Code / Title 43 / Article 10 / Section 43-10-109
43-10-109. Aviation fund created
Status: repealed

43-10-109. Aviation fund created. (1) There is hereby created in the state treasury a fund to be known as the aviation fund, referred to in this article 10 as the "fund", which consists of all revenues credited thereto pursuant to section 39-27-112 (2)(b) and all revenues credited thereto in accordance with subsection (2) of this section within the total revenues prescribed by the general assembly pursuant to section 43-1-112.5. All interest derived from the deposit and investment of money in the fund must be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund must remain therein and must not be credited or transferred to the general fund or any other fund, except as directed by the general assembly acting by bill and subject to section 18 of article X of the Colorado constitution.

(2) (a) (I) In accordance with section 18 of article X of the Colorado constitution, for the 1991-92 fiscal year, and each fiscal year thereafter, one hundred percent of the sales and use taxes collected during that fiscal year by the state pursuant to sections 39-26-104 and 39-26-202 on aviation fuels used in turbo-propeller or jet engine aircraft shall be credited to the aviation fund.

(II) If a temporary reduction of the state sales and use tax rates pursuant to section 39-26-901 is in effect, the state treasurer shall credit additional sales and use taxes collected on other property and services to the aviation fund so that the aviation fund receives an amount equal to the amount that it would have received if the sales and use tax rates had not been temporarily reduced for that fiscal year.

(b) Such credit shall be made by the state treasurer as soon as possible after the twentieth day of the month following the collection of such sales and use taxes.

(c) It is not the intent of the general assembly that the moneys available for expenditure pursuant to the provisions of this subsection (2) be used to supplant any federal moneys which may be available to airports, governmental entities operating FAA-designated public-use airports, or the division pursuant to federal law.

(3) The money in the fund is hereby continuously appropriated to the division for the purposes authorized by law. In each fiscal year, the transportation commission shall budget and allocate an amount not to exceed five percent of the total amount of revenues credited to the fund pursuant to section 39-27-112 (2)(b) and subsection (2) of this section during the preceding fiscal year to be used to defray any administrative costs incurred by the division and the board in implementing and administering this article 10. The board shall recommend to the commission an amount to be allocated by the commission for administrative costs. The general assembly shall appropriate from the fund an amount to the department of revenue for the reasonable expenses incurred in administering section 39-26-715 (1)(a)(I) and (2)(a) and as provided in section 39-27-112 (2)(b).

(4) Repealed.
C.R.S. § 43-4-207 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-207
43-4-207. County allocation
Status: in_force

43-4-207. County allocation. (1) After paying the costs of the Colorado state patrol and any other costs of the department, exclusive of highway construction, highway improvements, or highway maintenance, that are appropriated by the general assembly, the money, including money transferred from the general fund to the highway users tax fund pursuant to section 24-75-219 (5)(a)(II) and (5)(b)(II), that section 43-4-205 requires to be paid from the highway users tax fund to the county treasurers of the respective counties shall be paid to the county treasurers of the respective counties, subject to annual appropriation by the general assembly, and shall be allocated and expended as provided in this section. The money received is allocated to the counties as provided by law and shall be expended by the counties only on the construction, engineering, reconstruction, maintenance, repair, equipment, improvement, and administration of the county highway systems and any other public highways, including any state highways, together with acquisition of rights-of-way and access rights for the same, for the planning, designing, engineering, acquisition, installation, construction, repair, reconstruction, maintenance, operation, or administration of transit-related projects, including, but not limited to, designated bicycle or pedestrian lanes of highway and infrastructure needed to integrate different transportation modes within a multimodal transportation system, and for no other purpose; except that money received pursuant to section 43-4-205 (6.3) shall be expended by the counties only for road safety projects, as defined in section 43-4-803 (21). The amount expended for administrative purposes shall not exceed five percent of each county's share of the funds available.

(2) For the fiscal year commencing July 1, 1989, and each fiscal year thereafter, for the purpose of allocating money in the highway users tax fund to the various counties throughout the state, the following method is adopted:

(a) (I) The first sixty-nine million seven hundred thousand dollars or any portion thereof shall be allocated to the counties in such a manner that each county receives the same allocation that it received for the fiscal year 1987-88.

(II) The next seventeen million dollars or any portion thereof shall be allocated to the following seventeen counties in the following percentages: Adams, 9.5718; Alamosa, 1.1598; Arapahoe, 12.6560; Boulder, 7.3571; Douglas, 3.5148; El Paso, 13.0552; Jefferson, 14.9666; La Plata, 2.0733; Larimer, 7.9978; Lincoln, 1.8866; Logan, 2.0334; Mesa, 4.3285; Morgan, 2.9915; Otero, 1.6843; Pueblo, 4.6096; Rio Grande, 1.3384; and Weld, 8.7753.

(b) All money credited to the fund in excess of eighty-six million seven hundred thousand dollars and all money transferred to the fund pursuant to section 24-75-219 (5)(a)(II) and (5)(b)(II) that is required by section 43-4-205 (6.4)(a) and subsection (1) of this section to be paid to the county treasurers of the respective counties is allocated to the counties in the following manner:

(I) Fifteen percent shall be allocated to the counties in proportion to the rural motor vehicle registration in each county. The term "rural motor vehicle registration" includes all passenger, truck, truck-tractor, and motorcycle registrations in unincorporated portions of the county. The number of registrations used in computing the percentage shall be those certified to the state treasurer by the department of revenue as constituting the rural motor vehicle registration for the last preceding year.

(II) Fifteen percent shall be allocated to the counties in proportion to the countywide motor vehicle registration in each county. The term "countywide motor vehicle registration" includes all passenger, truck, truck-tractor, and motorcycle registrations in unincorporated portions of the county and in cities and incorporated towns. The number of registrations used in computing the percentage shall be those certified to the state treasurer by the department of revenue as constituting the countywide motor vehicle registration for the last preceding year.

(III) Sixty percent shall be allocated to counties in proportion to the adjusted lane miles of open, used, and maintained county roads in each county, excepting mileage of state highways and municipal streets. A lane mile shall be measured by each ten-foot width of traveled roadway surface, or fractional lane mile thereof. The adjusted lane miles shall be determined by applying to the existing lane miles of county roads in each county a factor of difficulty. The lane miles, the adjusted lane miles, and the factor representing the difficulty of construction and maintenance in the various counties in the state by reason of terrain shall be determined by the department of transportation as provided in paragraphs (c), (d), and (e) of this subsection (2).

(IV) Ten percent shall be allocated to counties in proportion to the square feet of bridge deck for bridges greater than twenty feet in length in each county, as certified by the department of transportation.

(c) The percentage of area in each county classified as "plains", "plains rolling and irrigated", and "mountainous" shall be determined from an accredited topographical map. The department of transportation shall also classify the percentage of "paved" roads in each county. To the percentage indicated "plains" a factor of 1.00 shall be applied. To the percentage indicated "plains rolling and irrigated" a factor of 1.75 shall be applied. To the percentage indicated "mountainous" a factor of 3.00 shall be applied. To the percentage indicated "paved" roads a factor of 1.5 shall be applied.

(d) The department of transportation, prior to July 1 of each year, shall certify to the state treasurer the lane mile figures, as of December 31 of the preceding year, of the several counties, and the state treasurer shall use such lane mile figures for the current fiscal year as the basis for the allocation mentioned in this subsection (2).

(e) The authorized agent, as defined in section 42-1-102, in each county shall certify to the department of revenue the number of motor vehicle licenses issued during the preceding calendar year to persons residing within the limits of a county and whether or not such persons reside in cities, incorporated towns, or unincorporated portions of the county. Upon receipt of the certified information, the department of revenue shall tabulate the total number of all motor vehicle licenses issued during the preceding calendar year to persons residing within the limits of the respective counties in the entire state and within the limits of each city or incorporated town within the respective counties. The department of revenue shall then determine the percentage that the rural motor vehicle registration in each county bears to the total rural motor vehicle registration in the entire state and shall then determine the percentage that the countywide motor vehicle registration in each county bears to the total countywide rural and urban motor vehicle registration in the entire state. On or before May 1 of each year, the department of revenue shall certify to the state treasurer the percentage of motor vehicle registration for each county as provided in this subsection (2)(e).

(3) For the purpose of this section, the city and county of Denver and the city and county of Broomfield shall not be considered as counties.
C.R.S. § 43-4-619 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-619
43-4-619. No action maintainable
Status: in_force

43-4-619. No action maintainable. An action or proceeding at law or in equity to review any acts or proceedings or to question the validity or enjoin the performance of any act or proceedings or the issuance of any bonds or for any other relief against or from any acts or proceedings done under this part 6, whether based upon irregularities or jurisdictional defects, shall not be maintained unless commenced within thirty days after the performance of the act or proceedings or the effective date thereof, whichever occurs first, and is thereafter perpetually barred.
C.R.S. § 43-10-108 — CO Code / Title 43 / Article 10 / Section 43-10-108
43-10-108. Annual report
Status: repealed

43-10-108. Annual report. (Repealed)
C.R.S. § 43-1-1307 — CO Code / Title 43 / Article 1 / Part 13 / Section 43-1-1307
43-1-1307. Powers and duties of the TLRC concerning state acquisition of abandoned railroad
Status: in_force

43-1-1307. Powers and duties of the TLRC concerning state acquisition of abandoned railroad rights-of-way. (1) The transportation legislation review committee shall study the recommendations of the executive director made pursuant to section 43-1-1303 (3) for acquisition of, and use or uses for, abandoned or proposed to be abandoned railroad rights-of-way. On or before October 1 of each year, the executive director shall submit a prioritized list that shall include recommendations for the acquisition and proposed use of abandoned or proposed to be abandoned railroad rights-of-way. The members of the transportation legislation review committee shall determine which abandoned railroad rights-of-way may be acquired by the department and funded out of the state rail bank fund, created in section 43-1-1309, based upon the greatest need and its proposed use or uses.

(2) The transportation legislation review committee may hold such hearings as it determines necessary to consider reports, studies, and other pertinent information from any source, including affected individuals, political subdivisions, railroad companies, or other entities, with respect to the acquisition of abandoned railroad rights-of-way.

(3) The transportation legislation review committee may determine the priority of acquisition of, and use or uses for, abandoned railroad rights-of-way by the department.
C.R.S. § 43-2-125 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-125
43-2-125. Adoption of street systems - reports
Status: in_force

43-2-125. Adoption of street systems - reports. (1) The arterial streets and local service streets in any town, city, or city and county shall constitute its city street system. The system of arterial streets shall be selected in the following manner:

(a) On or before December 31, 1953, the city council, local governing body, or designated officer of each incorporated town, city, or city and county shall determine the total mileage of its city street system, and prepare a certification showing the amount of total mileage.

(b) The city council, local governing body, or designated officer of each municipality shall then cause a map to be prepared showing each street in the city arterial system and designating each street by appropriate number for the purpose of identification and shall cause notice of intention to adopt said map as the official map of such system to be given, which notice shall specify the time and place at which all interested persons shall be heard. Such notice of intention shall be published once a week for two successive weeks preceding the date of such hearing in a newspaper of general circulation in the city, or in case of cities or towns which have no newspaper published within their limits, notice of intention shall be published by placing said notice in a conspicuous place in such city or incorporated town generally used for publishing such public notices.

(c) After such hearing the city council, local governing body, or designated officer shall certify such map, with any changes or revisions deemed to be advisable, as the official map of the arterial street system.

(d) On or before December 31, 1953, each town, city, or city and county shall file copies of the following information with the department of transportation:

(I) Certification of the total mileage of streets in its city street system as provided in paragraph (a) of this subsection (1);

(II) Certification adopting its arterial street system, together with a copy of the map of the arterial street system as provided in paragraph (c) of this subsection (1).

(2) Changes in total mileage and arterial mileage shall be made in a similar manner and all such changes shall be reported as made. Each annual report as required in section 43-2-132 shall include all changes or a statement that no changes have been made.
C.R.S. § 43-3-209 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-209
43-3-209. Tax exemption
Status: in_force

43-3-209. Tax exemption. The accomplishment by the department of transportation of the authorized purposes stated in this part 2 being for the benefit of the people of the state and for the improvement of their commerce and prosperity in which accomplishment the department of transportation will be performing essential governmental functions, the department of transportation shall not be required to pay any taxes or assessments on any property acquired or used by it for the purposes provided in this part 2.
C.R.S. § 43-2-129 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-129
43-2-129. Accounting by municipalities - unexpended funds - matching federal aid
Status: in_force

43-2-129. Accounting by municipalities - unexpended funds - matching federal aid. (1) All amounts paid to each city, city and county, or incorporated town out of the highway users tax fund shall be accounted for as provided in this part 1.

(2) A city, city and county, or incorporated town, if moneys paid from the highway users tax fund are not expended in any fiscal year, may carry over and rebudget such moneys for the succeeding year; or it may make expenditures in anticipation of receipt of these moneys and receive credit for them in the year in which the moneys are received.

(3) In the event that any funds become available from the federal government for expenditure by the cities and incorporated towns in conjunction with funds which have accrued to such cities and incorporated towns for the construction, alteration, repair, or improvement of any street within the limits of said cities or incorporated towns, the city council or local governing authority of the respective cities and incorporated towns, upon the approval by the department of transportation, may use such funds which have accrued to them from the highway users tax fund for the purpose of matching the federal funds becoming available; if the city council or local governing authority of such city or incorporated town has, by proper resolution, filed in duplicate with the department of transportation and approved by said department, determined that the street construction, alteration, repair, or improvement to be performed in such city or incorporated town conforms in all respects to the requirements necessary for the use of such funds from the federal government and if all such funds becoming available are expended only as provided by law.
C.R.S. § 43-2-139 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-139
43-2-139. Roadside advertising on county roads
Status: in_force

43-2-139. Roadside advertising on county roads. The board of county commissioners of each county has the power to require all persons placing or maintaining road signs, guide boards, billboards, and bulletin boards, of any kind on any road constituting a part of the county highway system which do not conform to the standards designated by the transportation commission, to remove the same, and if such persons do not comply with such requirements, the board of county commissioners has the power to remove said signs and boards. Where said signs and boards are erected outside the right-of-way of any county road in such a manner that any portion of said sign or board projects onto the right-of-way of said county road, the board of county commissioners has the power to remove as much of said sign or board projecting onto said right-of-way as is necessary to keep said right-of-way free and clear of obstruction.
C.R.S. § 43-1-221 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-221
43-1-221. Proceeds from sale of bonds
Status: in_force

43-1-221. Proceeds from sale of bonds. The proceeds from the sale of any bonds that may be authorized for state highways shall be expended only for such purposes as are specified in the law authorizing the issue of the bonds and not more than ten percent of any bond issue for administrative and engineering purposes.
C.R.S. § 43-4-1505 — CO Code / Title 43 / Article 4 / Part 15 / Section 43-4-1505
43-4-1505. Fuels impact reduction fee
Status: in_force

43-4-1505. Fuels impact reduction fee. (1) In furtherance of its business purpose, beginning September 1, 2023, the enterprise shall impose a fuels impact reduction fee per gallon to be paid by a licensed fuel excise tax distributor within Colorado and a licensed fuel distributor who ships products from outside of Colorado to a point within Colorado. For the purpose of minimizing compliance costs for distributors and administrative costs for the state, the department of revenue shall collect the fuels impact reduction fee on behalf of the enterprise, and a fuel distributor shall pay the fee to the department of revenue as required by section 8-20-206.5 (8)(a).

(2) For a licensed fuel excise tax distributor within Colorado and a licensed fuel distributor who ships products from outside of Colorado to a point within Colorado, beginning September 1, 2023, the enterprise shall impose the fuels impact reduction fee in a reasonable amount that is no more than six thousand one hundred twenty-five millionths of a dollar per gallon of fuel products delivered for sale or use in Colorado.

(3) As required by section 8-20-206.5 (8)(c), the executive director of the department of revenue shall transmit any fuels impact reduction fee revenue it collects to the state treasurer who shall credit the revenue, minus the costs to the department of revenue for collecting the fee, to the fund.
C.R.S. § 43-1-125 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-125
43-1-125. Motor vehicles used for commercial purposes - stakeholder group - reporting - ru
Status: repealed

43-1-125. Motor vehicles used for commercial purposes - stakeholder group - reporting - rules - legislative declaration - definition. (1) The general assembly hereby finds and declares that:

(a) The way in which Coloradans travel is rapidly changing, and the adoption of new technologies impacts both the manner in which people travel and the number of vehicles on Colorado roads, presents opportunities for increased efficiency, and requires thorough review;

(b) The state must adapt to these changes by encouraging them to the extent that they benefit the environment and facilitate the effective movement of people while being proactive in addressing any negative impacts. Specifically, the state must:

(I) Ensure ongoing funding for the transportation infrastructure needed to support the changes, including the infrastructure needed to support the adoption of new transportation technologies including zero-emissions vehicles; and

(II) Reduce and mitigate the impact on the environment and the transportation system resulting from the increasing commercial use of personal vehicles for the purposes of ride sharing provided through transportation network companies, as defined in section 40-10.1-602 (3), and car sharing and personal and fleet vehicles for certain other commercial purposes by incentivizing ameliorative practices such as the adoption of zero-emissions vehicles for such commercial use, multiple passenger ride sharing, and the use of ride sharing as a first- and last-mile solution for users of public transit.

(2) The general assembly further finds and declares that it is necessary, appropriate, and in the best interest of the state to:

(a) Require the department to convene, engage in robust consultation with, and strongly consider the formal policy recommendations of a stakeholder group comprised of representatives of potentially affected industries, workers, governmental entities, planning organizations, and interest groups for the purposes of:

(I) Examining the economic, environmental, and transportation system impacts of the adoption of new and emerging technologies and transportation business models;

(II) Receiving information and recommendations from the freight advisory council regarding current and evolving practices related to the residential delivery of goods; and

(III) Recommending to the department:

(A) Means of addressing the impacts that increase positive impacts and mitigate negative impacts; and

(B) Whether fees should be levied upon the use of motor vehicles used for commercial purposes.

(b) Repealed.

(3) (a) As used in this section, unless the context otherwise requires, "motor vehicle used for commercial purposes" means a motor vehicle that is used to provide passenger transportation services purchased through a transportation network company, as defined in section 40-10.1-602 (3), a peer-to-peer car sharing company, a car sharing company that does not use a peer-to-peer business model, or a company that provides taxicab service, as defined in section 40-10.1-101 (19); a motor vehicle that is rented out by a rental car company; and a motor vehicle that is used for residential delivery of goods.

(b) "Motor vehicle used for commercial purposes" does not include:

(I) A motor vehicle used to deliver goods that is used only to deliver goods:

(A) To addresses other than residences; or

(B) That are delivered as freight;

(II) A motor vehicle that has a gross vehicle weight rating of more than fourteen thousand pounds; or

(III) A motor vehicle that is operated for the purpose of transporting passengers:

(A) Under a contract with the regional transportation district created in section 32-9-105, a regional transportation authority created pursuant to part 6 of article 4 of this title 43, or any other governmental or public entity; or

(B) By a common carrier, as defined in section 40-1-102 (3), except as otherwise provided in subsection (3)(a) of this section.

(4) The department shall convene and engage in robust consultation with a stakeholder group consisting of:

(a) The following state government employees:

(I) An employee of the department who is not an employee of the high-performance transportation enterprise created in section 43-4-806 (2)(a)(I);

(II) An employee of the Colorado energy office created in section 24-38.5-101 (1);

(III) An employee of the department of revenue; and

(IV) The chief of the Colorado state patrol or the chief's designee;

(b) The following representatives of state and local governments and transportation planning entities:

(I) A representative of a statewide organization that represents the interests of counties;

(II) A representative of a statewide organization that represents the interests of municipalities;

(III) A representative of metropolitan planning organizations, as defined in section 43-1-1102 (4); and

(IV) A representative of rural transportation planning organizations;

(c) Representatives of the following types of businesses:

(I) Two representatives of transportation network companies, as defined in section 40-10.1-602 (3);

(II) A representative of a business that has expertise regarding the technology and processes required to develop, implement, and administer a road usage charge program;

(III) A representative of certificated taxi carriers;

(IV) A representative of a rental car company;

(V) A representative of a business that is a peer-to-peer car sharing program;

(VI) A representative of a car sharing network company that does not use a peer-to-peer car sharing business model;

(VII) A representative of the freight advisory council;

(VIII) A representative of the contracting industry that works on or represents businesses that work on transportation infrastructure projects;

(IX) A representative of the engineering industry;

(X) A representative of businesses that provide package delivery services to end users of the goods in the packages for other businesses;

(XI) A representative of businesses that hire drivers to use their personal motor vehicles to deliver their own goods to end users of the goods;

(XII) A representative of towing and recovery professionals of Colorado;

(XIII) A representative of autonomous vehicle manufacturers; and

(XIV) A representative of autonomous vehicle technology companies;

(d) A labor representative;

(e) A representative of persons with disabilities;

(f) A representative of persons who advocate for the protection of the environment;

(g) A transportation network company driver, as defined in section 40-10.1-602 (4); and

(h) Any other individuals who the department deems necessary or appropriate to include in the stakeholder group.

(5) The stakeholder group convened as required by subsection (4) of this section shall:

(a) Examine the economic, environmental, and transportation system impacts of the adoption of new and emerging transportation technologies and business models and identify potential means of addressing the impacts that increase positive impacts and mitigate negative impacts. Neither the department nor the stakeholder group shall obtain or examine any personal or private information concerning users of ride sharing services as part of the examination. The examination shall include, at a minimum:

(I) Quantification of the amount of carbon emissions that can be eliminated through different means of incentivizing and supporting the use of zero-emissions vehicles as motor vehicles used for commercial purposes;

(II) Examination of the effects of different means of incentivizing multiple occupant trips in motor vehicles used for commercial purposes;

(III) Identification of the additional or improved transportation infrastructure, including multimodal infrastructure and infrastructure needed to support the adoption and use of zero-emissions vehicles, that is required to accommodate the impacts on transportation infrastructure resulting from utilization of motor vehicles used for commercial purposes;

(IV) Examination of repealing the requirement of section 40-10.1-605 (1)(d)(IV) that a transportation network company, as defined in section 40-10.1-602 (3), possess proof that a transportation network company driver, as defined in section 40-10.1-602 (4), is medically fit to drive; and

(V) Assessment of the costs of implementing identified potential means of addressing the impacts.

(b) Present to the department no later than November 1, 2019, a report of policy recommendations regarding the impacts examined as required by subsection (5)(a) of this section and means of addressing those impacts with funding from the imposition of fees on the use of motor vehicles used for commercial purposes. The report must, at a minimum:

(I) Identify potential fees to:

(A) Generate sufficient revenue for the state and local governments to mitigate the impacts to the transportation system resulting from the increasing use of motor vehicles used for commercial purposes, fund needed transportation infrastructure, including multimodal infrastructure and the infrastructure needed to support the adoption of zero-emissions vehicles, and defray the administrative costs of fee collection;

(B) Incentivize the adoption of zero-emissions vehicles for utilization as motor vehicles used for commercial purposes; and

(C) Incentivize multiple passenger ride sharing for motor vehicles used for commercial purposes and the use of such vehicles as a first- and last-mile solution for public transit users;

(II) Subject to the requirement that fees be imposed only on business entities and not upon individuals using motor vehicles that are owned primarily as personal vehicles but are also used for commercial purposes, provide recommendations as to whether fees should be imposed on such motor vehicles used for commercial purposes;

(III) Provide recommendations regarding the manner in which fees should be calculated and imposed, including but not limited to analysis of whether fees should be:

(A) Flat or variable;

(B) Calculated and imposed on a per trip basis, a mileage basis, or a combination of such bases, or in some other manner;

(C) Imposed at different rates on different classes of motor vehicles;

(D) Imposed at different rates in different locations, at different times of day, or based on real-time analysis of traffic congestion;

(E) Waived or reduced for trips for which a motor vehicle used for commercial purposes is used as a first- and last-mile solution for users of public transit; or

(F) Capped at one or more specified maximum amounts; and

(IV) Provide recommendations regarding the rate or rates at which or the range or ranges of rates within which fees should be imposed.

(6) The department shall report on the progress and policy recommendations of the stakeholder group, the preliminary plans and recommendations of the department regarding the development and promulgation of rules as required by subsection (7)(a) of this section, and any recommendations that the department has regarding the need for related legislation during its 2019 annual presentation to legislative oversight committees required by section 2-7-203 (2)(a). In preparation for the presentation, the department shall give strong consideration to the policy recommendations report provided by the stakeholder group as required by subsection (5)(b) of this section.

(7) Repealed.

(8) Nothing in this section shall supplant the activities or work being conducted by the freight advisory council.
C.R.S. § 43-4-502 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-502
43-4-502. Legislative declaration
Status: in_force

43-4-502. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:

(a) The necessity for this part 5 results from the large population and population growth within metropolitan regions in the state, from the significant and growing demand for construction of beltways within such metropolitan regions to facilitate traffic movement in such metropolitan regions and the inadequacy of current transportation facilities to meet that demand, from the division of such metropolitan regions into a variety of incorporated and unincorporated areas, from the need to coordinate planning and construction of beltways or other transportation improvements to serve regional needs, and from the limited availability of state and federal funds for such purposes;

(b) The creation of public highway authorities implements section 18 (2) of article XIV of the state constitution and is essential to the continued economic growth of the metropolitan regions of this state, is in the public interest, and will promote the health, safety, and welfare of the citizens of this state by securing for them more adequate transportation;

(c) It is the intention of the general assembly that public highway authorities be formed to finance, construct, operate, or maintain all or a portion of a beltway or other transportation improvements in a metropolitan region which, because of the cost or the location thereof in the jurisdiction of more than one municipality or county, cannot feasibly be financed, constructed, operated, or maintained by a municipality or county acting alone and that it is not the intention of the general assembly that public highway authorities be formed to assume, directly or indirectly, the traditional role of counties or municipalities to finance, construct, operate, or maintain local arterial or collector streets;

(d) It is the intention of the general assembly that a beltway developed pursuant to this part 5 shall ultimately be supported by tolls and that, therefore, it is the intention of the general assembly that revenue-raising powers other than tolls, granted by this part 5 to authorities, counties, and municipalities, shall be terminated at such time as the boards of the authorities determine that projected tolls will be sufficient to meet the authorities' obligations to their bondholders and to operate and maintain such beltways or other transportation improvements.

(2) It is further the intent of the general assembly that no provision of this part 5 affects the former "Public School Finance Act of 1973", article 50 of title 22, the former "Public School Finance Act of 1988", article 53 of title 22, the former "Public School Finance Act of 1994", article 54 of title 22, the "Public School Finance Act of 2025", article 54 of title 22, or any additional school financing mechanisms adopted by the general assembly.

(3) The general assembly further finds, determines, and declares that it is the intention of the general assembly that public highway authorities be permitted to qualify as enterprises under section 20 of article X of the state constitution. Since the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), determined that the power to impose taxes is inconsistent with the establishment of a public highway authority as an "enterprise" under section 20 of article X of the state constitution, those powers of taxation are hereby eliminated by S.B. 96-173, as enacted at the second regular session of the sixtieth general assembly.