C.R.S. § 43-3-207 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-207
43-3-207. Bond lien
Status: in_force

43-3-207. Bond lien. (1) All bonds issued pursuant to section 43-3-203 shall constitute a first lien on all or any part of the moneys pledged or set aside under sections 43-3-202 (1)(f) and 43-3-203; except that the department of transportation may provide preferential security for any bonds to be issued under section 43-3-203 over any bonds that may be issued under section 43-3-203 thereafter. No moneys which may, from time to time, be credited to the state highway fund which are derived from sources other than those described in section 43-3-202 (1)(f) or 43-3-203 shall be applied to the payment of the bonds issued pursuant to section 43-3-203.

(2) Any pledge made by the department of transportation to secure the payment of bonds issued pursuant to section 43-3-203 shall be valid and binding from the time when the pledge is made. The revenues, moneys, and funds so pledged shall immediately be subject to lien of such pledge without any physical delivery or further act, and the lien of such pledge shall be valid and binding against all parties having claims of any kind in tort or contract or otherwise against the department of transportation, irrespective of whether such parties have notice of such lien. Each pledge, agreement, and resolution made for the benefit or security of any of the bonds issued pursuant to section 43-3-203 shall continue to be effective until the principal of and interest on the bonds for the benefit of which the same are made has been fully paid or provision for such payment has been duly made.

(3) Any resolution of the transportation commission for the issuance of bonds pursuant to section 43-3-203 may contain the provisions for protecting and enforcing the rights and remedies of the holders of any of the bonds as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the department of transportation in relation to the purposes to which proceeds of the bonds may be applied, the terms and conditions for the issuance of additional bonds, and the custody, safeguarding, and application of all moneys. Any such resolution may set forth the rights and remedies of the holders of any bonds and may restrict the individual right of action by any such holders. In addition, any such resolution may contain any other provisions as the department of transportation may deem reasonable and proper for the security of the holders of any bonds. All expenses incurred in carrying out the provisions of the resolution may be paid from the revenues or assets pledged or assigned to the payment of the bonds. In the event of default in any such payment or in any agreements of the department of transportation made as part of the contract under which the bonds were issued or contained in the resolution concerning the bonds, the payment or agreement may be enforced by suit, mandamus, or either of the remedies.
C.R.S. § 43-5-203 — CO Code / Title 43 / Article 5 / Part 2 / Section 43-5-203
43-5-203. Required records
Status: repealed

43-5-203. Required records. (1) It is the duty of every person, firm, association, or corporation owning, operating, controlling, or leasing an auto camp or hotel to keep and maintain in the auto camp or hotel an easily accessible and permanent daily record of all automobiles stored, kept, parked, or maintained in said auto camp and all automobiles of patrons of such hotel which are parked in facilities maintained or made available exclusively for such patrons by such hotel. The record shall be kept in a book or on cards, consecutively numbered, in a uniform manner approved by the Colorado state patrol. The record shall include the name and address of the owner of the automobile stored, parked, kept, or maintained in said auto camp or hotel facility, together with the make, body style, and year of said automobile and the license number, if any. All such records shall be preserved for a period of three years.

(2) Repealed.
C.R.S. § 43-1-1209 — CO Code / Title 43 / Article 1 / Part 12 / Section 43-1-1209
43-1-1209. Notice of investment opportunities
Status: repealed

43-1-1209. Notice of investment opportunities. (1) The department or the private entity responsible for funding a public-private initiative under this part 12 may forward the agreement and a description of the investment opportunity for such initiative to any of the following for consideration under their respective statutory authority:

(a) The board of trustees of the public employees' retirement association created under section 24-51-202, C.R.S.;

(b) Repealed.

(c) The board of directors of the fire and police pension association, as defined in section 31-31-102 (2), C.R.S.;

(d) The boards of trustees of the firefighters' and police officers' old hire pension funds, as defined in section 31-30.5-102 (1.5), C.R.S.;

(e) The board of trustees of the volunteer firefighter pension fund, as defined in section 31-30-1102 (1), C.R.S.;

(f) Repealed.

(g) The board of directors of the university of Colorado hospital authority, as defined in section 23-21-502 (2), C.R.S.;

(h) The state treasurer for consideration under section 23-20-117.5, C.R.S.;

(i) The county boards of retirement, as described in section 24-54-107, C.R.S.;

(j) The governing boards of state colleges and universities, as defined in sections 24-54.5-102 (5) and 24-54.6-102 (4), C.R.S.; and

(k) Any employer who has established a defined contribution plan.
C.R.S. § 43-4-509 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-509
43-4-509. Bonds
Status: in_force

43-4-509. Bonds. (1) The authority may, from time to time, issue bonds for any of its corporate purposes. The bonds shall be issued pursuant to resolution of the board and shall be payable solely out of all or a specified portion of the revenues as designated by the board.

(2) Bonds may be executed and delivered by the authority at such times, may be in such form and denominations and include such terms and maturities, may be subject to optional or mandatory redemption prior to maturity with or without a premium, may be in fully registered form or bearer form registrable as to principal or interest or both, may bear such conversion privileges, may be payable in such installments and at such times not exceeding forty years from the date thereof, may be payable at such place or places whether within or without the state, may 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, may be subject to purchase at the option of the holder or the authority, may be evidenced in such manner, may be executed by such 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 may be either of an officer of the authority or of an agent authenticating the same, may be in the form of coupon bonds which have attached interest coupons bearing a manual or facsimile signature of an officer of the authority, and may contain such provisions not inconsistent with this part 5, all as provided in the resolution of the authority 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.

(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 which 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 which 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 insuring 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 such pledge without any physical delivery or further act, and the lien of such 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 members of the board, employees of the authority, nor 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 such bonds subject to and in accordance with agreements with the holders thereof.
C.R.S. § 43-1-108 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-108
43-1-108. Transfer of functions, employees, and property - contracts
Status: in_force

43-1-108. Transfer of functions, employees, and property - contracts. (1) The department shall, on and after July 1, 1991, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the state department of highways as a principal department prior to July 1, 1991, concerning the duties and functions transferred to the department pursuant to this article. On and after July 1, 1991, the officers and employees of the state department of highways as a principal department prior to said date whose duties and functions concerned the duties and functions transferred to the department pursuant to this article and whose employment in the department of transportation is deemed necessary by the executive director to carry out the purposes of this article shall be transferred to the department and become employees thereof. Such employees shall retain all rights to state personnel system and retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules and regulations.

(2) On July 1, 1991, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the state department of highways pertaining to the duties and functions transferred to the department pursuant to section 24-1-128.7, C.R.S., are transferred to the department of transportation and become the property thereof.

(3) The provisions of subsections (1) and (2) of this section shall not apply to functions, employees, and property transferred under the provisions of section 24-42-104, C.R.S.

(4) Whenever the state department of highways is referred to or designated by any contract or other document in connection with the duties and functions transferred to the department pursuant to this article, such reference or designation shall be deemed to apply to the department of transportation pursuant to this article. All contracts entered into by the state department of highways as a principal department prior to July 1, 1991, in connection with the duties and functions transferred to the department pursuant to this article are hereby validated, with the department of transportation created by this article succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred pursuant to such contracts are hereby transferred and appropriated to the department of transportation created by this article for the payment of such obligations.
C.R.S. § 43-1-117 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-117
43-1-117. Transportation development division - created - duties - freight mobility and sa
Status: repealed

43-1-117. Transportation development division - created - duties - freight mobility and safety branch - repeal. (1) There is hereby created, in the department of transportation, the transportation development division, the head of which shall be the director of the transportation development division, which office is hereby created.

(2) The transportation development division and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation and the executive director.

(3) The transportation development division shall be responsible for the implementation of the provisions of part 11 of this article.

(4) The freight mobility and safety branch is created in the transportation development division. The function of the freight mobility and safety branch is to plan, design, and implement programs and projects that enhance freight mobility and safety within the state. No later than January 1, 2022, the freight mobility and safety branch shall provide to the commission a long-term strategic plan that sets forth the vision and goals for the branch, key priorities for all freight-related programs, activities, and projects, and guidelines for coordination between the branch and the freight advisory committee.

(5) (a) Three days after May 26, 2022, the state treasurer shall transfer ten million dollars from the general fund to the state highway fund created in section 43-1-219 for use by the transportation development division as additional funding for the revitalizing main streets program, giving priority to programs that improve air quality through increased use of transit.

(b) This subsection (5) is repealed, effective July 1, 2026.
C.R.S. § 43-5-304 — CO Code / Title 43 / Article 5 / Part 3 / Section 43-5-304
43-5-304. Jurisdiction
Status: in_force

43-5-304. Jurisdiction. The county court of the county wherein any of the offenses described in sections 43-5-301 and 43-5-303 may be committed shall have jurisdiction of complaints coming within the provisions of sections 43-5-301 and 43-5-303.
C.R.S. § 43-2-110 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-110
43-2-110. Selection by county - notice - secondary system
Status: in_force

43-2-110. Selection by county - notice - secondary system. (1) The initial selection of the county road system shall be done in the following manner:

(a) The board of county commissioners of each county shall cause a map to be prepared showing each road in the county primary and secondary system and designating each primary road by appropriate number, and said board 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 will be heard. Such notice of intention shall be published once a week for at least two successive weeks preceding the date of such hearing in a newspaper of general circulation in the county.

(b) After such hearing, the board of county commissioners shall adopt such map, with any changes or revisions deemed by it to be advisable, as the official map of the road system of the county.

(1.5) The board of county commissioners of any county with a population of two hundred fifty thousand or more may designate as a primary road any four-lane controlled-access county highway, the construction of which commences in 2016, that is located within the unincorporated area of the county and that intersects with an interstate highway or a United States numbered highway. If a city or an incorporated town subsequently annexes any portion of a highway that has been designated as a primary road, the respective jurisdiction, control, and duty of the county and of the city or incorporated town with respect to the highway is as follows:

(a) The city or incorporated town shall exercise full responsibility for and control over the highway beyond and including the curbs and, if no curb is installed, beyond the traveled way, its contiguous shoulders, and appurtenances.

(b) The county has the authority to grant or deny access to the highway and to roughed-in roads, as defined in section 42-1-102 (85.5), and to establish weight restrictions for vehicles traveling on the highway as authorized by section 42-4-106 (1), (2), and (3)(b).

(c) The county has the authority to prohibit the suspension of signs, banners, or decorations above the portion of the highway between the curbs or, if the highway does not have curbs, between the portion of the highway used for vehicular travel up to a vertical height of twenty feet above the surface of the highway.

(d) The city or incorporated town shall maintain all of its underground facilities under the highway at its own expense and has the right to construct such underground facilities as may be necessary under the highway.

(e) The city or incorporated town has the right to grant the privilege to open the surface of the highway, but all resulting damages shall promptly be repaired either by the city or incorporated town itself or at its direction.

(f) The city or incorporated town shall provide street illumination at its own expense and shall clean the highway, including storm sewer inlets and catch basins.

(g) The county has the right to utilize all storm sewers on the highway without cost; and if new storm sewer facilities are necessary in construction of the highway by the county, the county and the municipality shall bear the cost of the facilities as mutually agreed upon by the board of county commissioners of the county and the local governing body of the city or incorporated town.

(h) The city or incorporated town shall regulate and enforce all traffic and parking restrictions on the portion of the highway that is located within the city or incorporated town.

(i) The county shall erect, control, and maintain at county expense all route markers and directional signs, except street signs, on the portion of the highway located within the city or incorporated town.

(j) The county shall install, operate, maintain, and control at county expense all traffic control signals, signs, and traffic control devices on the portion of the highway located within the city or incorporated town. No local authority shall erect or maintain any stop sign or traffic control signal at any location that requires the traffic on the highway to stop before entering or crossing any intersecting highway unless the local authority first obtains approval in writing from the county. For the purposes of this paragraph (j), "traffic control device" includes, but is not limited to, striping, lane-marking, and channelization.

(k) Either the city or incorporated town or the county shall acquire rights-of-way for the highway as mutually agreed upon. Costs of acquiring the rights-of-way may be the sole expense of the county or the city or incorporated town, or shared by both, as mutually agreed upon. Title to all rights-of-way acquired vest in the city or incorporated town, or in the county, according to the agreement under which the rights-of-way were secured.

(l) The county is authorized to acquire rights-of-way for the highway by purchase, gift, or condemnation. Any condemnation proceeding shall be conducted in the manner provided by law for condemnation proceedings to acquire lands required for county highways. Nothing in this subsection (1.5) abrogates the right of a home rule city to acquire lands for purposes and in the manner set forth in the charter of the city.

(m) The county may enter into an intergovernmental agreement with a city or incorporated town located within the county to add to the highway specified roads or streets annexed by the city or incorporated town before the designation of the highway as a primary road. Such an agreement must define the respective jurisdiction, control, and duty of the county and the city or incorporated town with respect to the highway and may modify the division of such jurisdiction, control, and duty from the division specified in paragraphs (a) to (l) of this subsection (1.5).

(2) All roads not on the county primary system and for which the boards of county commissioners assume responsibility shall be the county secondary system.

(3) Nothing in this section shall limit the power of any board of county commissioners to subsequently include or exclude any road from the county primary system in the same manner provided for the selection of the initial road system as provided in this section. Where a portion of a state highway is abandoned and it appears that such abandoned portion is necessary for use as a public highway, then such abandoned portion shall become a part of the county system upon the adoption of a resolution to that effect by the board of county commissioners of the county wherein such abandoned portion is located within ninety days after such abandonment.
C.R.S. § 43-4-505 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-505
43-4-505. Board of directors
Status: in_force

43-4-505. 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 member of the board shall disqualify himself from voting on any issue with respect to which he has a conflict of interest, unless such member has disclosed such 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 5, 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 it 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 and methods 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 5; and

(h) To appoint advisory committees and define the duties thereof.
C.R.S. § 43-4-213 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-213
43-4-213. Forfeiture of funds
Status: in_force

43-4-213. Forfeiture of funds. Where any county, city, or incorporated town receiving funds from the state treasurer under the provisions of sections 43-4-210 and 43-4-211 fails to supply the state treasurer with the required information regarding the number of vehicles registered in said county, city, or incorporated town on or before the thirty-first day of December of the year following the year during which said registrations were made, the balance of said funds accruing to the said county, city, or incorporated town shall be deemed to be forfeited by said county, city, or incorporated town, and said funds shall be returned to the credit of the highway users tax fund to be reapportioned during the ensuing year in the manner provided in this part 2.
C.R.S. § 43-4-802 — CO Code / Title 43 / Article 4 / Part 8 / Section 43-4-802
43-4-802. Legislative declaration
Status: in_force

43-4-802. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) The continued prosperity of the state and its citizens requires a safe, well-maintained, integrated, multimodal, and sustainable surface transportation system that is accessible in all parts of the state and that allows efficient movement of people, goods, and information;

(b) The primary funding sources dedicated for surface transportation, state and federal motor fuel taxes, are flat rate per gallon taxes that have lost and will continue to lose much of their purchasing power because they are not indexed to inflation, have not been increased in nearly two decades, and generate less revenue per vehicle mile traveled as motor vehicles become more fuel efficient;

(c) Due to the decline in the purchasing power of the revenues generated by the state and federal motor fuel taxes, the state and local governments have been unable to maintain, repair, reconstruct, operate, and improve surface transportation infrastructure in a strategic, timely, and efficient manner, which has already caused many bridges in the state to become structurally deficient or functionally obsolete and worsened the condition of road surfaces, delayed capacity expansion projects, and increased traffic congestion and greenhouse gas emissions; and

(d) Because this decline in purchasing power is ongoing and becomes more severe with each passing year, the state and local governments will continue to be unable to maintain, repair, reconstruct, operate, and improve surface transportation infrastructure in a strategic, timely, and efficient manner, and the safety, efficiency, and environmental impact of the state's surface transportation system will worsen more quickly in the future if sufficient and sustainable funding sources for surface transportation cannot be found.

(2) The general assembly further finds and declares that:

(a) The national and state economic recession and attendant rise in unemployment represent additional short- to medium-term challenges for the state and all Coloradans;

(b) There is an urgent present need to repair and replace structurally deficient and functionally obsolete bridges and improve highway safety in the state;

(c) Increasing funding for designated bridge projects, preventative maintenance bridge projects, tunnel projects, and road safety projects in the short- and medium-term through the imposition of bridge and road safety surcharges, a bridge and tunnel impact fee, and other new fees at rates reasonably calculated based on the benefits received by the persons paying the fees will not only provide funding to complete the projects but will also accelerate the state's economic recovery by increasing bridge, tunnel, and road construction, repair, reconstruction, and maintenance activity, as well as related economic activity, and by employing significant numbers of Coloradans;

(d) The creation of a statewide bridge and tunnel enterprise authorized to complete designated bridge projects, preventative maintenance bridge projects, and tunnel projects, to impose a bridge safety surcharge and a bridge and tunnel impact fee and issue revenue bonds, and, if required approvals are obtained, to contract with the state to receive one or more loans of money received by the state under the terms of one or more financed purchase of an asset or certificate of participation agreements authorized by this part 8 and to use the revenues generated by the bridge safety surcharge and the bridge and tunnel impact fee to repay any such loan or loans, will improve the safety and efficiency of the state transportation system by allowing the state to accelerate the repair, reconstruction, and replacement of structurally deficient, functionally obsolete, and rated as poor bridges, to perform preventative maintenance on bridges rated as fair and good, and to repair, maintain, and more safely operate tunnels;

(e) The creation of a high-performance transportation enterprise with the authority and mission to seek out opportunities for innovative and efficient means of financing other important surface transportation infrastructure projects will ensure that such projects are also properly prioritized and accelerated; and

(f) Granting the bridge enterprise and the transportation enterprise both responsibility for the completion, respectively, of designated bridge projects, preventative maintenance bridge projects, and tunnel projects and other important surface transportation projects and the flexibility to execute their respective missions in a variety of innovative ways will ensure that available resources for such projects are efficiently and effectively leveraged so that both the projects and the state's economic recovery can be completed as quickly as possible.

(3) The general assembly further finds and declares that:

(a) While it is necessary, appropriate, and in the best interests of the state to fund designated bridge projects, preventative maintenance bridge projects, tunnel projects, and highway safety projects and stimulate economic recovery in the short- and medium-term, the state must also develop a long-term strategy to provide sustainable long-term revenue streams dedicated for the construction of important surface transportation infrastructure projects and the continuing maintenance, repair, and reconstruction of the statewide surface transportation system that will:

(I) Allow both the state and local governments to maintain, repair, reconstruct, and improve their transportation infrastructure in a strategic, timely, and efficient manner; and

(II) Provide the state and local governments with the resources and flexibility to explore and invest in modern multimodal and demand-side transportation solutions that will help reduce traffic congestion and greenhouse gas emissions;

(b) The specification of additional policies to be considered at all stages of the statewide transportation planning process and the establishment of an efficiency and accountability committee within the department of transportation will help to ensure that transportation planning is thorough, integrated, and strategic and that all funding dedicated for surface transportation is expended effectively.
C.R.S. § 43-1-213 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-213
43-1-213. Fees and taxes - not reduced
Status: in_force

43-1-213. Fees and taxes - not reduced. The excise fees and taxes payable into the state highway fund shall never be reduced to the extent that amounts payable into such fund are insufficient to comply with the terms of any rental or leasehold agreement entered into pursuant to this part 2.
C.R.S. § 43-1-110 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-110
43-1-110. Powers and duties of the chief engineer - hearings - rule-making
Status: repealed

43-1-110. Powers and duties of the chief engineer - hearings - rule-making. (1) The chief engineer is the director of the engineering, design, and construction division and has direct control and management of the functions of the division subject only to the direction and supervision of the executive director as prescribed in this part 1. The chief engineer shall attend all meetings of the commission and, except as otherwise provided by this part 1 or other law, the chief engineer shall perform all of the duties and exercise all of the powers vested by law in the engineering, design, and construction division, including the awarding, under the supervision of the executive director, of all contracts for the construction or maintenance of state highways and mass transportation projects. It is the duty of the chief engineer in the administration of the division to so organize the same that all employees of the division, so far as possible, are interchangeable in work assignment and may be shifted within the division to meet seasonal and emergency demands.

(2) Repealed.

(3) The chief engineer and the executive director are hereby authorized to accept, on behalf of the state, any federal moneys made available for highway, railway, mass transit, and other public transportation purposes for which no regional or local subdivision of the state has operating authority; except that, if an intergovernmental agreement between the Denver regional transportation district and the department concerning the southeast corridor intermodal transportation project is not signed by October 15, 1999, then the chief engineer and the executive director are authorized to accept, on behalf of the state, any federal transit funds made available.

(4) The executive director or the chief engineer shall represent the department in negotiations with local governmental entities concerning intergovernmental agreements between the department and such local governmental entities to implement the provisions of this article. No such intergovernmental agreement involving more than seven hundred fifty thousand dollars shall become effective without the approval of the commission.
C.R.S. § 43-2-150 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-150
43-2-150. Roadside chain service - rules
Status: in_force

43-2-150. Roadside chain service - rules. The department may contract with one or more entities to provide roadside assistance, selling or applying chains or other equipment to commercial vehicles, necessary to enable compliance with section 42-4-106, C.R.S. The department may authorize, by rule or contract, the entity to receive a reasonable fee for services provided.
C.R.S. § 43-1-212 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-212
43-1-212. Department - rental agreements
Status: in_force

43-1-212. Department - rental agreements. The department of transportation is authorized to enter into rental or leasehold agreements under which the department shall acquire title to such buildings within a period not exceeding thirty years upon payment of the stipulated aggregate annual rentals. The plans, specifications, bids, and contracts for such buildings and the terms of all such rental or leasehold agreements shall be approved by the governor, the chief engineer, a majority of the members of the commission, and the director of the office of state planning and budgeting. The rentals shall be paid solely out of the state highway fund, and the obligation to pay such rentals shall not constitute an indebtedness of the state or be paid out of any other fund. Such rental shall be included in the annual budgets of the department and shall be certified, audited, and paid in the same manner as all other accounts and expenditures payable out of said state highway fund.
C.R.S. § 43-3-218 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-218
43-3-218. Bonds legal investments
Status: in_force

43-3-218. Bonds legal investments. It is lawful for the bonds issued pursuant to this part 2 to be purchased by any bank, trust company, savings and loan association, investment company and association, executor, administrator, guardian, trustee, and other fiduciary. Public entities, as defined in section 24-75-601 (1), C.R.S., may invest public funds in such bonds only if said bonds satisfy the investment requirements established in part 6 of article 75 of title 24, C.R.S.
C.R.S. § 43-2-127 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-127
43-2-127. Contracts for street supervision - report
Status: repealed

43-2-127. Contracts for street supervision - report. (Repealed)
C.R.S. § 43-3-401 — CO Code / Title 43 / Article 3 / Part 4 / Section 43-3-401
43-3-401. Legislative declaration
Status: in_force

43-3-401. Legislative declaration. To improve highway transportation between the east and west slopes of Colorado and to enhance the designation of a national interstate and defense highway connecting U.S. highway 87 in Colorado with U.S. Highway 91 in Utah, the construction and operation of motor vehicle tunnels are authorized as provided in this part 4.
C.R.S. § 43-4-306 — CO Code / Title 43 / Article 4 / Part 3 / Section 43-4-306
43-4-306. Signatures validated
Status: repealed

43-4-306. Signatures validated. (Repealed)
C.R.S. § 43-4-401 — CO Code / Title 43 / Article 4 / Part 4 / Section 43-4-401
43-4-401. Fund created
Status: in_force

43-4-401. Fund created. The law enforcement assistance fund for the prevention of drunken driving and the enforcement of laws pertaining to driving under the influence of alcohol or drugs, referred to in this part 4 as the "fund", is hereby created in the office of the state treasurer.
C.R.S. § 43-2-146 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-146
43-2-146. Highway bypasses - public policy - when
Status: in_force

43-2-146. Highway bypasses - public policy - when. (1) It is the public policy of the state of Colorado that where the transportation commission has authorized a highway bypass to be built around any incorporated city or town or unincorporated business community of the state of Colorado, the original state highway or state and federal highway markings shall remain on the existing highway through such incorporated city, town, or unincorporated business community and the existing highway shall be maintained, and the new bypass highway shall carry the designation "bypass" or other similar markings.

(2) In all cases where such relocation has been authorized as a part of the national system of interstate and defense highways, the original state highway may be retained as part of the state system or a new and more direct approach road may be constructed to maintain service to such incorporated city, town, or unincorporated business community. In the event a new and more direct approach road is constructed, such approach road shall be placed on the state highway system and the original state highway may be deleted from the state system as provided in section 43-2-106. The markings of the relocated system of highways shall be accomplished in accordance with the practice established under section 42-4-104, C.R.S.
C.R.S. § 43-1-1411 — CO Code / Title 43 / Article 1 / Part 14 / Section 43-1-1411
43-1-1411. Project specific utility relocation agreements
Status: in_force

43-1-1411. Project specific utility relocation agreements. (1) Notwithstanding any other provision of law, if a utility company enters into a project specific utility relocation agreement with the department, the department may:

(a) Pay for the performance of the design work to relocate a utility company's facilities that are affected by the scope of the design-build transportation project;

(b) Advance funds for the performance of the construction work to relocate a utility company's facilities affected by the scope of the design-build transportation project; except that any advance of funds pursuant to this paragraph (b) shall be subject to full repayment by the utility company with interest based on the cost incurred by the department for advancing the funds; and

(c) Perform any utility relocation work through the contractor for the design-build transportation project in accordance with the utility company's specifications for the relocation work and subject to the utility company's prior review and written approval of the relocation work to assure that the work meets the quality standards and construction methods of the company. The performance of any relocation work shall also be subject to inspection and approval by the utility company, during the performance of the work and prior to completion of the relocation work, and the department shall take appropriate measures to ensure service continuity.

(2) It is the intent of the general assembly that the department work with the utility company to come to a mutually satisfactory agreement with the utility company so that the design-build transportation project may proceed to be constructed in an efficient manner without causing interruption of utility services. If the utility company is unable to reach a project specific utility relocation agreement with the project manager negotiating such agreement for the department, the utility company shall be provided the opportunity to address its concerns with the department's district engineer, who shall give due consideration to all issues raised by the utility company and shall strive to accommodate reasonable modifications requested by the utility company to the department's proposed project specific utility relocation agreement. If an agreement cannot be reached between the district engineer and the utility company, the executive director of the department shall review the disputed issues and seek to resolve the dispute. If the executive director is unable to reach agreement with the utility company, the executive director shall prepare a written report setting forth the reasons that the dispute could not be resolved and shall provide such report to the utility company within three business days.

(3) For any utility company that chooses not to enter into a project specific utility relocation agreement with the department for the performance of utility relocation work:

(a) The department may direct the utility company to perform or allow the performance of the utility relocation work within the performance schedule for the design-build transportation project;

(b) The utility company shall pay for damages caused by the company's delay in the performance of the utility relocation work or interference with the performance of the design-build transportation project by other contractors, including, but not limited to, payments made by the department to any third party based on a claim that performance of the design-build transportation project was delayed or interfered with as a direct result of the utility company's failure to timely perform the utility relocation work; except that damages resulting from delays in the performance of the utility relocation work caused by a force majeure shall not be charged to the utility company; and

(c) The department may withhold issuance of a permit for the location or installation of other facilities to a utility company until the company pays the department damages caused by the company's delay in the performance of the relocation work or interference with the performance of the design-build transportation project by any other contractor. Any person aggrieved by an action of the department in denying a permit may apply to a court of competent jurisdiction for appropriate relief pursuant to the Colorado rules of civil procedure or section 24-4-106, C.R.S.

(4) The department shall provide written notice to any utility company of a design-build transportation project that will require the relocation of the company's facilities as soon as practicable following the environmental clearance for the project. The notice shall include all available and relevant information concerning the project, including the performance schedule for the project within which the utility relocation work must be completed in order to coordinate with and avoid delay in the performance of the project.

(5) When feasible, the department shall provide a replacement easement for a utility company whose facilities are to be relocated from an easement owned by the utility company to accommodate a design-build transportation project, and the department shall condemn the replacement easement when necessary. If no replacement easement is provided, the department shall fund the initial relocation of the easement owner's facilities and shall also fund all future relocations of those utility companies whose facilities occupy the easement at the time of the design-build transportation project at the department's sole expense in lieu of compensating the utility companies for the loss of the easement. The utility company shall quitclaim to the department that portion of the easement that is replaced or extinguished.

(6) Nothing in this section or in section 43-1-1412 shall change the authority, rights, responsibilities, or obligations of the department or of any owner of real or personal property in an eminent domain proceeding or any existing statutory or case law applicable to eminent domain proceedings.
C.R.S. § 43-2-101 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-101
43-2-101. State highway system
Status: in_force

43-2-101. State highway system. (1) There shall be established in this state a system of roads known as "the state highway system". The state highway system shall consist of the federal-aid primary roads, the federal-aid secondary roads, and the interstate system, including extensions thereof within urban areas, plus an amount not to exceed five percent of the mileage of such systems which may be declared to be state highways by the transportation commission while not being any part of any federal system.

(2) "Interstate system" as used in this section means any highway included as a part of the national system of interstate and defense highways as authorized and designated in accordance with section 7 of the "Federal-Aid Highway Act of 1944" (58 Stat. 838) and any other subsequent acts of congress.

(3) Nothing in this section shall be construed as limiting the mileage of the state highway system to the total mileage constituting the system as of December 31, 1953, but federal-aid primary roads and federal-aid secondary roads may be added or deleted by the department of transportation according to need as determined by said department. Deletions from the federal-aid secondary system shall be mutually decided by the federal government, the state, and the affected county.

(4) (a) In addition to the powers now possessed by the transportation commission, it has the authority to select or designate any public highway, road, or street as a part of the federal-aid urban system or as an extension of the federal-aid primary or secondary system, in order to qualify such public highways, roads, or streets for the expenditure by the state of federal-aid funds to be apportioned to the state pursuant to the provisions of 23 U.S.C. sec. 135, as amended, and section 106 of the "Federal-Aid Highway Act of 1970", and regulations promulgated thereunder. Any provision of this title to the contrary notwithstanding, any public highway, road, or street selected or designated under this subsection (4) shall continue to be a part of the county highway or city street systems and shall not be deemed to be a part of the state highway system unless the commission specifically provides to the contrary.

(b) Any receipt of moneys from the federal government, or any department thereof, pursuant to the provisions of 23 U.S.C. sec. 135, as amended, and section 106 of the "Federal-Aid Highway Act of 1970" shall be paid into and credited to the state highway supplementary fund.

(c) The construction of all improvements authorized pursuant to the provisions of 23 U.S.C. sec. 135, as amended, and section 106 of the "Federal-Aid Highway Act of 1970", and moneys received therefor, are under the supervision and control of the chief engineer.
C.R.S. § 43-1-113 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-113
43-1-113. Funds - budgets - fiscal year - reports and publications
Status: repealed

43-1-113. Funds - budgets - fiscal year - reports and publications. (1) All funds and moneys to the credit of the department of transportation shall be expended under the supervision and direction of the commission within the total expenditures prescribed by the general assembly for the fiscal year pursuant to section 43-1-112.5; except that moneys in the aviation fund shall be expended pursuant to the provisions of article 10 of this title.

(2) Annually on or before December 15, the commission shall adopt and the department of transportation shall submit to the joint budget committee, the house transportation and energy committee, the senate transportation committee, and the governor a proposed budget allocation plan for moneys subject to its jurisdiction for the fiscal year beginning on July 1 of the succeeding year. The plan shall be submitted in a format determined by the joint budget committee and shall include, but not be limited to, the following information:

(a) Estimates of all available revenues displayed by source of moneys, including any carry forward balances anticipated and any restrictions on any available moneys;

(b) All interest and debt redemption charges during the fiscal year;

(c) Allocation of spending, by the following categories of expenditure:

(I) Maintenance of the state highway system;

(II) Construction projects on the state highway system, including capacity increases;

(III) Administration, which is deemed to include salaries and expenses of the following offices and their staffs: Commission, executive director, chief engineer, district engineers, budget, internal audits, public relations, equal employment, special activities, accounting, administrative services, building operations, management systems, personnel, procurement, insurance, legal, and central data processing;

(IV) Other departmental staff which are allocated to maintenance or construction costs on the state highway system and the basis for such allocation;

(V) Repealed.

(VI) (A) Estimated statewide indirect cost recoveries of state agencies payable from the state highway fund as required by subsection (8) of this section.

(B) Repealed.

(VII) Any land acquisitions pursuant to maintenance or construction projects, including land acquisitions which may be accomplished by eminent domain;

(VIII) All construction and maintenance projects, grouped by priority order according to both transportation commission district and statewide priority;

(d) A summary of allocation of spending for the current fiscal year indicating expenditures which are different from recommended changes made to the proposed budget allocation plan by the joint budget committee, the house transportation and energy committee, and the senate transportation committee in their responses to such plan for the current fiscal year;

(e) A procedure for dealing with emergencies and contingencies unforeseen at the time of the preparation of the plan and an enumeration of other spending which could be reduced in order to deal with such emergencies or contingencies.

(2.5) Annually on or before October 1, the commission shall submit a request for state highway reconstruction, repair, or maintenance projects to the capital development committee to be funded from money transferred to the capital construction fund pursuant to section 24-75-302 (2), C.R.S. Such request must be made in accordance with section 2-3-1304 (1)(a.5), C.R.S.

(3) (a) For the fiscal year 1993-94 and for each fiscal year thereafter, appropriations made by the general assembly to the department of transportation for administrative expenditures, which are listed in subparagraph (III) of paragraph (c) of subsection (2) of this section, shall be set forth in a single line item as a total sum, and such expenditures shall not be identified by project, program, or district.

(b) The provisions of this subsection (3) shall not apply to the aeronautics division.

(4) (Deleted by amendment, L. 2007, p. 593, § 1, effective August 3, 2007.)

(5) Repealed.

(6) (a) The amount budgeted for administration in no case shall exceed five percent of the total budget allocation plan. In addition to any other requirements, the budget allocation plan shall include a general state transportation budget summary setting forth the aggregate figures of the budget in such manner as to show the balanced relations between the total proposed expenditures and total anticipated revenues, together with the other means of financing the budget for the ensuing fiscal year compiled with corresponding figures for the last completed fiscal year and the fiscal year in progress. It shall also include the statements of the bonded indebtedness of the department of transportation showing the debt redemption requirements, the debt authorized and unissued, and the contents of the sinking funds. As an addendum to the budget allocation plan, there shall be published a complete list of all projects budgeted in prior years which have not been deleted or progressed to completion, including all funds carried over from the budget of previous years, whether resulting from construction or operation for less than the budgeted figure or from incomplete or deleted projects.

(b) Repealed.

(7) Repealed.

(8) (a) The department, out of moneys in the state highway fund budgeted therefor by the transportation commission and within the total expenditures prescribed by the general assembly for the fiscal year pursuant to section 43-1-112.5, shall reimburse other agencies of state government for the costs incurred by such state agencies in providing necessary services in support of the department and the administration of the highway funds of the state. Such state agencies include, but are not necessarily limited to, the office of the state controller in the department of personnel, the office of state planning and budgeting, the department of personnel, the department of revenue, and the department of the treasury. For any fiscal year, the amount paid to any such state agency shall be the amount indicated in the general appropriation act as the recovery of indirect costs by such state agency out of the state highway fund. The amount so indicated in the general appropriation act for the recovery of indirect costs by any state agency pursuant to this subsection (8) may exceed the actual indirect cost incurred by such agency, but the total of all such statewide indirect cost recoveries indicated in the general appropriation act shall not exceed the total indirect costs reasonably expected to be incurred by all state agencies in providing necessary services in support of the department and the administration of the highway funds of the state. Payments made pursuant to this subsection (8) shall not be subject to the limitations on appropriations and statutory distributions from the highway users tax fund contained in section 43-4-201 (3).

(b) Repealed.

(9) (a) The house transportation and energy committee and the senate transportation committee shall hold a joint meeting, including the opportunity for a public hearing, for the purpose of review and comment on the proposed budget allocation plan. No later than March 15 of each year, the official response of the house transportation and energy committee and the senate transportation committee to the proposed budget allocation plan, along with any recommended changes to such plan, shall be transmitted to the commission. The joint budget committee may also, by said March 15, transmit to the commission its response to the proposed budget allocation plan. The staff of the joint budget committee shall be available to assist the house transportation and energy committee and the senate transportation committee in their joint review of the proposed budget allocation plan. Nothing contained in this paragraph (a) shall be construed to affect the general powers and duties of the joint budget committee relating to its review of the executive budget and the budget requests of state agencies, including the department of transportation, under section 2-3-203, C.R.S.

(b) Repealed.

(c) (I) No later than April 15 of each year, the commission shall adopt a final budget allocation plan which shall, upon approval of the governor, constitute the budget for the department for the ensuing fiscal year and which shall comply with the total revenues and expenditures prescribed by the general assembly for such fiscal year pursuant to section 43-1-112.5. Concurrent with submission of the final budget allocation plan to the governor, the commission shall submit in writing to the general assembly its responses to the recommendations of the joint budget committee, the house transportation and energy committee, and the senate transportation committee, or any successor committees. The final budget allocation plan may include some or all of the changes recommended by such committees, but no other changes from the proposed budget allocation plan may be made; except that the commission shall ensure that the final budget allocation plan is within the total revenues and expenditures prescribed by the general assembly pursuant to section 43-1-112.5, and the commission may adopt, consistent with said prescribed amounts, amendments reflecting increases or decreases in revenue or expenditures not anticipated at the time of adoption of the proposed budget allocation plan, amendments increasing or decreasing expenditures as a result of emergencies or contingencies unforeseen at the time of the preparation of the proposed budget allocation plan, and amendments reflecting changes in the amounts indicated in the general appropriation act as statewide indirect cost recoveries payable from the state highway fund as provided in subsection (8) of this section.

(II) This paragraph (c) is effective July 1, 1992.

(10) The department shall report monthly to the commission within fifteen days after the close of each month the expenditures made from each budget category and the unexpended and unencumbered balance of each budget subcategory and shall make the report publicly available on its website. The department shall also submit a monthly report of financial information to the controller no later than fifteen days after the close of each month. The report must include sufficient financial information for the controller to complete a review of legal overexpenditures, any deficit fund balances, and a budget-to-actual report for all budget lines within the annual general appropriations act as well as any additional information that is deemed reasonable and necessary by the controller.

(11) Repealed.

(12) (a) No expenditure shall be made from the state highway funds in excess of the amount prescribed by the general assembly pursuant to section 43-1-112.5 and the amount proposed by the final budget allocation plan or amendments thereto adopted pursuant to paragraph (c) of subsection (9) of this section. It is the duty of the controller to disapprove any such expenditures when the reports reflect such excessive expenditures in relation to the amount prescribed by the general assembly pursuant to section 43-1-112.5 and the proposed final budget allocation plan or amendments thereto adopted pursuant to paragraph (c) of subsection (9) of this section.

(b) This subsection (12) is effective July 1, 1992.

(13) The commission shall have no power to adopt a budget allocation plan which diverts federal funds designated for other projects to any beltway within the Denver metropolitan region constructed by a public highway authority pursuant to part 5 of article 4 of this title.

(14) (a) Except as provided in paragraph (b) of this subsection (14), the fiscal year of the department of transportation shall commence on July 1 and end on June 30 of each year. The annual final budget allocation plan is to be adopted by the commission on or before April 15 of each year for the ensuing fiscal year, except for that portion of the budget for construction projects which shall be prepared as soon as practicable but not later than sixty days after receipt of notification of federal highway fund apportionments for the ensuing federal fiscal year.

(b) The fiscal year for the department of transportation for the purpose of highway construction projects shall be a calendar year.

(15) In any highway construction project involving an expenditure not exceeding five million dollars of state funds in any one fiscal year, the department of transportation, under the supervision and direction of the transportation commission, is authorized to enter into a single contract or agreement for such project and to finance same by revenue from more than one fiscal period. Any such project shall be budgeted by providing the required funds from future as well as current fiscal periods, and the anticipated revenues from future fiscal periods shall be shown in the final budget allocation plan for the first fiscal period in which the project appears, together with the anticipated necessary expenditures for future fiscal periods. Commitment on any such contract shall have priority for payment in the future fiscal periods after payment of such commitments as are now provided by law and after the payment of fixed expenditures for maintenance, administration, and other nonconstruction items.

(16) (a) If there are fewer than three bidders on a design bid build highway project, no award shall be made if the award is more than ten percent over the estimate of the department of transportation on the project; except that, if the estimate of the department on the project is less than one million dollars and there are fewer than three bidders, the executive director or the executive director's designee may make an award of more than ten percent, but less than twenty-five percent, over the estimate of the department to the low responsible bidder, as defined in section 24-101-301 (23).

(b) Repealed.

(c) (I) Notwithstanding the limitations set forth in subsection (16)(a) of this section, the executive director may make an award to the low responsible bidder regardless of the estimate of the department if the executive director determines in writing that it is in the best financial, economic, or other interest of the state to do so. The written determination must be included in the contract file and made publicly available by posting on the department's website.

(II) In its annual presentation to the joint committees of reference of the general assembly that have jurisdiction over transportation required by section 2-7-203, the department shall identify each project for which the executive director made an award pursuant to subsection (16)(c)(I) of this section and shall explain the reasons for making the award and estimate the amount of cost savings achieved by making the award.

(III) The department shall prominently post on the home page of its website either a list of each state transportation project, regardless of the size of the project or the method of contract procurement that the department is using for the project, for which the department is seeking a contractor or a link to another page on its website that includes such a prominently posted list.

(17) In the event that geotechnical testing or materials testing is required for any state highway project, the department of transportation may submit a request for proposals to the private sector for the completion of such testing. Such private sector individuals shall be certified by the department of transportation.

(18) Repealed.

(19) (a) Any payments for transportation revenue anticipation notes issued to finance any qualified federal aid transportation project and any costs associated with the issuance and administration of such notes shall be subject to annual allocation by the commission, in its sole discretion, in accordance with part 7 of article 4 of this title.

(b) Federal transportation funds, as defined in section 43-4-702 (4), that are paid to the state shall be allocated and used to reimburse the state highway fund, the state highway supplementary fund, or both, for any moneys in said fund or funds used to pay transportation revenue anticipation notes or any costs associated with the issuance and administration of such notes in accordance with section 43-4-705 (2)(c)(II).
C.R.S. § 43-1-117.5 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-117.5
43-1-117.5. Transit and rail division - created - powers and duties - pilot project to expan
Status: repealed

43-1-117.5. Transit and rail division - created - powers and duties - pilot project to expand transit - reports - repeal. (1) There is hereby created in the department of transportation the transit and rail division, the head of which shall be the director of the transit and rail division, which office is hereby created.

(2) The transit and rail division and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department and the executive director.

(3) (a) The transit and rail division shall be responsible for the planning, development, operation, and integration of transit and rail, including, where appropriate, advanced guideway systems, into the statewide transportation system; shall, in coordination with other transit and rail providers, plan, promote, and implement investments in transit and rail services statewide; and shall have the following specific powers and duties:

(I) To develop, in accordance with part 11 of this article and consistent with the requirements of 23 U.S.C. secs. 134 and 135, a statewide transit and passenger rail plan that shall be integrated by the department as an element of the statewide transportation plan. The plan shall identify local, interregional, and statewide transit and passenger rail needs and priorities.

(II) To promote, plan, design, build, finance, operate, maintain, and contract for transit services, including, but not limited to, bus, passenger rail, and advanced guideway systems services;

(III) To establish and modify fares and schedules for transit, passenger rail, and advanced guideway services provided directly by the state or contracted for by the state;

(IV) To administer and expend state and federal funds that may be dedicated by law, by appropriation by the general assembly, or by the commission for:

(A) The construction, maintenance, and operation of interregional transit, advanced guideway, and passenger rail services; and

(B) Transit projects including, but not limited to, facilities, equipment, services, and the provision of grants to transit operators;

(V) To coordinate and negotiate with railroads regarding the siting of passenger rail tracks and other facilities and the coordination of transit services;

(VI) To support the department in representing the state with respect to the development of intercity rail facilities, including but not limited to submission of applications to the United States department of transportation for approval and funding of high-speed rail projects, commissioning of any necessary studies, and coordination with other states to facilitate such applications; and

(VII) To coordinate and cooperate with regional transportation authorities created pursuant to part 6 of article 4 of this title and other regional or corridor-specific entities concerned with the planning, development, operation, and integration of transit, passenger rail, or advanced guideway systems in the statewide transportation system.

(b) In exercising the powers and performing the duties set forth in paragraph (a) of this subsection (3), the transit and rail division shall coordinate with the regional transportation district created in article 9 of title 32, C.R.S., regional transportation authorities created pursuant to part 6 of article 4 of this title, and other transit operators to ensure the efficient provision of transit services. The authority given to the division pursuant to paragraph (a) of this subsection (3) shall not be construed to limit or otherwise affect the powers of any transit operator or other local governmental entity or to usurp or duplicate the existing regulatory authority over railroads of the federal railroad administration, the federal surface transportation board, or the public utilities commission.

(4) (a) The transit and rail division shall establish a pilot project, beginning no later than July 1, 2022, and concluding on June 30, 2025, for the extension of state-run transit systems. The goals of the pilot project are to increase ridership on state-run transit, reduce vehicle miles traveled in the state, and reduce ground level ozone in the state.

(b) On or before December 1, 2023, and on or before December 1 of each year through 2025, the transit and rail division shall report to the transportation legislation review committee created in section 43-2-145 on the implementation of the pilot project, including information on the services that are expanded or extended and estimates of the increased ridership as a result of the pilot project.

(c) Three days after May 26, 2022, the state treasurer shall transfer thirty million dollars from the general fund to the state highway fund created in section 43-1-219 for use by the transit and rail division for the purposes specified in this subsection (4).

(d) This subsection (4) is repealed, effective July 1, 2026.

(5) (a) The transit and rail division shall provide a report containing a development plan for rocky mountain rail service to the house of representatives transportation, housing, and local government committee and the senate transportation and energy committee, or their successor committees, and the governor no later than December 31, 2024.

(b) This subsection (5) is repealed, effective July 1, 2025.
C.R.S. § 43-2-109 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-109
43-2-109. County primary systems
Status: in_force

43-2-109. County primary systems. The board of county commissioners of each county shall select the county primary system of roads on the basis of greatest general importance, and the system as selected shall constitute an integrated system within itself or with the state highway system as defined in this part 1.
C.R.S. § 43-4-701 — CO Code / Title 43 / Article 4 / Part 7 / Section 43-4-701
43-4-701. Legislative declaration
Status: in_force

43-4-701. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) The rapid growth of the economy of this state has prompted new and ever-increasing uses of public highways, roads, and other transportation infrastructure, and the existing transportation infrastructure of this state cannot accommodate such greatly increased uses;

(b) One of the major concerns of the citizens of this state is the ability of the state and local governments to address the long-term transportation infrastructure needs of this state that are critical to the continued growth of the state's economy and the maintenance of citizens' quality of life;

(c) In an attempt to address this concern, the state has significantly increased the amount of state revenues available in recent years to fund critical, priority transportation infrastructure needs, but current transportation funding mechanisms do not provide adequate revenues to keep pace with the increasing demands on transportation infrastructure statewide;

(d) By utilizing revenue anticipation notes for the financing of transportation projects that may be financed, in whole or in part, with federal transportation funds, a significant amount of up-front revenues can be generated for such federal aid transportation projects which will enable the state to design and construct such transportation projects without using revenues available for other important transportation projects;

(e) Utilizing revenue anticipation notes to finance federal aid transportation projects also results in significant cost savings to the state, since such transportation projects can be completed at present-day costs and at an accelerated pace, but the state needs to be able to act quickly to issue revenue anticipation notes in order to realize these cost savings; and

(f) It is reasonable and necessary to utilize revenue anticipation notes for the financing of federal aid transportation projects.

(2) The general assembly further finds and declares that:

(a) The current and long-standing process of funding the transportation infrastructure needs of the state, which involves the continuous appropriation of certain state revenues to the department of transportation by the general assembly and the annual allocation of state and federal funds to specific projects and purposes by the transportation commission, is intended to ensure that such funding decisions are based on annual determinations of revenue availability and transportation infrastructure needs statewide;

(b) Making the payment of revenue anticipation notes issued in accordance with this part 7 subject to annual allocation by the transportation commission is equivalent to making such payments subject to annual legislative appropriation, since the annual allocation process requires the transportation commission to make the same annual budgeting decisions that the general assembly makes through the appropriation process;

(c) Revenue anticipation notes issued in accordance with the provisions of this part 7 that evidence the right to receive payments in subsequent fiscal years contingent upon funds for such payments being allocated on an annual basis in the sole discretion of the transportation commission do not constitute "a debt by loan in any form" under section 3 of article XI of the state constitution based upon the Colorado supreme court's decision in Submission of Interrogatories on House Bill 99-1325, Case No. 99SA108 (April 23, 1999), since the notes are not a legally enforceable obligation against the state in future years and the annual allocation of such funds for the payment of such notes is in the sole discretion of the transportation commission; and

(d) In accordance with the Colorado supreme court decision in Submission of Interrogatories on House Bill 99-1325, Case No. 99SA108 (April 23, 1999), the proceeds of any transportation revenue anticipation notes issued in accordance with this part 7 are not included in state fiscal year spending for purposes of section 20 of article X of the state constitution and article 77 of title 24, C.R.S.
C.R.S. § 43-4-601 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-601
43-4-601. Short title
Status: in_force

43-4-601. Short title. This part 6 shall be known and may be cited as the "Regional Transportation Authority Law".
C.R.S. § 43-1-1203 — CO Code / Title 43 / Article 1 / Part 12 / Section 43-1-1203
43-1-1203. Unsolicited and comparable proposals
Status: in_force

43-1-1203. Unsolicited and comparable proposals. (1) The department may consider, evaluate, and accept an unsolicited proposal for a public-private initiative only if the proposal complies with all of the requirements of this section.

(2) The department may consider an unsolicited proposal only if the proposal:

(a) Is innovative and unique;

(b) Is independently originated and developed by the proposer;

(c) Is prepared without department supervision;

(d) Is not an advance proposal for a known department requirement that can be acquired by competitive methods unless:

(I) The department has not established a timetable for satisfying the known requirement in either the state plan, as such term is defined in section 43-1-1102 (7), or the statewide transportation improvement program that is the short-range element of the state plan; or

(II) The proposal is likely to significantly shorten a timetable for satisfying the known requirement established in the state plan or the statewide transportation improvement program; and

(e) Includes sufficient detail and information for the department to evaluate the proposal in an objective and timely manner and to determine if the proposal benefits the department.

(2.5) Paragraphs (b) and (c) of subsection (2) of this section shall not be deemed to prohibit the department from encouraging the submission of unsolicited proposals that are well-developed and consistent with the department's general policy priorities by providing written or oral information to any person regarding the policy priorities or the requirements and procedures for submitting an unsolicited proposal.

(3) If the unsolicited proposal does not comply with the requirements of subsection (2) of this section, the department shall return the proposal without further action. If the unsolicited proposal complies with all the requirements of subsection (2) of this section, the department may further evaluate the proposal pursuant to this section.

(4) The department shall base its evaluation of the unsolicited proposal on the following factors:

(a) Unique and innovative methods, approaches, or concepts demonstrated by the proposal;

(b) Scientific, technical, or socioeconomic merits of the proposal;

(c) Potential contribution of the proposal to the department's mission;

(d) Capabilities, related experience, facilities, or techniques of the proposer or unique combinations of these qualities that are integral factors for achieving the proposal objectives;

(e) Qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel who are critical in achieving the proposal objectives; and

(f) Any other factors appropriate to a particular proposal.

(5) The department may accept an unsolicited proposal only if:

(a) The unsolicited proposal receives a favorable evaluation; and

(b) The department makes a written determination based on facts and circumstances that the unsolicited proposal is an acceptable basis for an agreement to obtain services either without competition or after the actions are taken pursuant to subsection (6) of this section, as applicable.

(6) If the unsolicited proposal requires the department to spend public moneys in an amount that is reasonably expected to exceed fifty thousand dollars in the aggregate for any fiscal year, including an unsolicited proposal for a public project as defined in section 24-92-102 (8), C.R.S., the department shall take the following actions, except as otherwise provided in subsection (7) of this section, before accepting the unsolicited proposal:

(a) Provide public notice that the department will consider comparable proposals. The notice shall:

(I) Be given at least fourteen days prior to the date set forth therein for the opening of proposals, pursuant to rules. Such notice may include publication in a newspaper of general circulation at least fourteen days prior to considering comparable proposals.

(II) Be provided to any person or entity that expresses, in writing to the department, an interest in a public-private initiative that is similar in nature and scope to the unsolicited proposal;

(III) Outline the general nature and scope of the unsolicited proposal, including the location of the transportation system project, the work to be performed on the project, and the terms of any private contributions offered and public benefits requested concerning the project;

(IV) Request information to determine if the proposer of a comparable proposal has the necessary experience and qualifications to perform the public-private initiative; and

(V) Specify the address to and the date by which the comparable proposals must be submitted, allowing a reasonable time to prepare and submit the proposals;

(b) Determine, in its discretion, if any submitted proposal is comparable in nature and scope to the unsolicited proposal and warrants further evaluation;

(c) Evaluate each comparable proposal, taking relevant factors into consideration; and

(d) Conduct good faith discussions and, if necessary, negotiations concerning each comparable proposal.

(7) The actions required by subsection (6) of this section do not apply to an unsolicited research proposal if the department reasonably determines that the actions would improperly disclose either the originality of the research or proprietary information associated with the research proposal.

(8) The department may accept a comparable proposal submitted pursuant to subsection (6) of this section if the department determines that the comparable proposal is the most advantageous to the state in comparison to an unsolicited proposal or other submitted proposals.

(9) If the unsolicited proposal is accepted or if a comparable proposal is accepted pursuant to subsection (8) of this section, the department shall use the proposal as the basis for negotiation of an agreement.

(10) The department's procurement officer or the procurement officer's designee has the authority to make the determinations and take the actions required by this section.
C.R.S. § 43-3-220 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-220
43-3-220. Notice of investment opportunity
Status: repealed

43-3-220. Notice of investment opportunity. (1) The department or the private entity responsible for issuing bonds under this part 2 may forward a copy of the bonds and a description of the investment opportunity for such bonds to any of the following for consideration under their respective statutory authority:

(a) The board of trustees of the public employees' retirement association created under section 24-51-202, C.R.S.;

(b) Repealed.

(c) The board of directors of the fire and police pension association, as defined in section 31-31-102 (2), C.R.S.;

(d) The boards of trustees of the firefighters' and police officers' old hire pension funds, as defined in section 31-30.5-102 (1.5), C.R.S.;

(e) The board of trustees of the volunteer firefighter pension fund, as defined in section 31-30-1102 (1), C.R.S.;

(f) Repealed.

(g) The board of directors of the university of Colorado hospital authority, as defined in section 23-21-502 (2), C.R.S.;

(h) The state treasurer for consideration under section 23-20-117.5, C.R.S.;

(i) The county boards of retirement, as described in section 24-54-107, C.R.S.;

(j) The governing boards of state colleges and universities, as defined in sections 24-54.5-102 (5) and 24-54.6-102 (4), C.R.S.; and

(k) Any employer who has established a defined contribution plan.
C.R.S. § 43-1-902 — CO Code / Title 43 / Article 1 / Part 9 / Section 43-1-902
43-1-902. Rules and regulations
Status: in_force

43-1-902. Rules and regulations. The department of transportation is authorized to promulgate necessary rules and regulations in order to carry out the provisions of this part 9.
C.R.S. § 43-1-116 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-116
43-1-116. Engineering, design, and construction division - created - duties - environmenta
Status: in_force

43-1-116. Engineering, design, and construction division - created - duties - environmental justice and equity branch. (1) There is hereby created, in the department of transportation, the engineering, design, and construction division, the head of which shall be the chief engineer.

(2) The engineering, design, and construction division and the office of the chief engineer are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation and the executive director.

(3) The engineering, design, and construction division shall be responsible for all engineering, design, and construction operations of the department.

(4) The department shall update the bidding rules regarding prequalification requirements, including the contract amounts for which a bidder is required to submit an audited financial statement reviewed by a certified public accountant. In addition, the chief engineer shall develop a policy regarding how previous relevant experience and the bonding capacity of a contractor will be considered when evaluating proposals and bids submitted for public projects.

(5) The environmental justice and equity branch is created in the engineering, design, and construction division. The function of the environmental justice and equity branch is to work directly with disproportionately impacted communities, as well as with other department programs, in the project planning, environmental study, and project delivery phases of transportation capacity projects. The environmental justice and equity branch shall identify and address technological, language, and information barriers that may prevent disproportionately impacted communities from participating fully in transportation decisions that affect health, quality of life, and access for disadvantaged and minority businesses in project delivery.
C.R.S. § 43-5-401 — CO Code / Title 43 / Article 5 / Part 4 / Section 43-5-401
43-5-401. Duties and responsibility of governor
Status: in_force

43-5-401. Duties and responsibility of governor. The governor is hereby designated as the official of the state of Colorado having the ultimate responsibility for dealing with the federal government with respect to programs and activities pursuant to the federal "Highway Safety Act of 1966", and subsequent amendments thereto. To that end, he shall coordinate the activities of all departments and agencies of this state and its political subdivisions relating thereto.
C.R.S. § 43-4-517 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-517
43-4-517. Investments
Status: in_force

43-4-517. Investments. The authority may invest or deposit any funds in the manner provided by part 6 of article 75 of title 24, C.R.S. In addition, the authority may direct a corporate trustee which holds funds of the authority to invest or deposit such funds in investments or deposits other than those specified by said part 6 if the board determines, by resolution, 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 specified by said part 6, and such investment will assist the authority in the financing, construction, maintenance, or operation of public highways.
C.R.S. § 43-4-307 — CO Code / Title 43 / Article 4 / Part 3 / Section 43-4-307
43-4-307. Sinking fund
Status: repealed

43-4-307. Sinking fund. (Repealed)
C.R.S. § 43-1-1306 — CO Code / Title 43 / Article 1 / Part 13 / Section 43-1-1306
43-1-1306. Disposition of state rail bank property
Status: in_force

43-1-1306. Disposition of state rail bank property. (1) The executive director shall maintain property within the state rail bank, including weed control, in a manner that minimizes maintenance costs and provides a benefit to the state. The executive director shall assume the responsibilities of the abandoning railroad company for the construction and maintenance of fencing of abandoned rail lines or railroad rights-of-way within the state rail bank; except that, where no agreement exists, then no requirement for fencing shall be imposed.

(2) The executive director may make property in the state rail bank available for interim recreational purposes, but such interim recreational use shall not limit the ability to restore or reconstruct the property for railroad service or other transportation services.

(3) The executive director may provide a first right of refusal to purchase or lease any rail line or railroad right-of-way held in the state rail bank to metropolitan or regional transportation authorities, cities, towns, counties, or transit agencies if those entities have first undertaken and approved a plan or program to use the property for transportation purposes.

(4) The executive director may sell or lease any rail line or railroad right-of-way held in the state rail bank to a financially responsible railroad operator who will use the property to provide rail service. In any sale of a rail line or railroad right-of-way held in the state rail bank pursuant to this subsection (4) or section 43-1-803 (2), the executive director shall retain a possibility of reverter to the state in the event that the railroad operator abandons the rail line or railroad right-of-way or if the rail line or railroad right-of-way is used or conveyed for any purpose other than the operation of railroad services, and, additionally, for any purpose that is inconsistent or in conflict with the continued provision of rail service on the line. The department shall retain a right of first refusal to purchase the rail line, railroad right-of-way, or any right to use such rail line or right-of-way in the event the railroad operator sells all or any part of the rail line, railroad right-of-way, or any right to use such rail line or right-of-way. Any such property that reverts back to the state shall be held in the state rail bank.

(5) The executive director may convert property in the state rail bank to other transportation uses following appropriate studies and upon approval by the commission and the TLRC.

(6) The executive director shall ensure that, in any sale, lease, or other conveyance of a rail line or railroad right-of-way held in the state rail bank, any agreement of the railroad company that abandoned such rail line or right-of-way to construct or maintain fencing relative to such rail line or right-of-way shall be transferred to the person to whom the right-of-way is conveyed.

(7) (a) Any transfer of title of the railroad rights-of-way from a railroad company as provided in this part 13 or in section 43-1-803 shall not impair or diminish the right of any ditch owner to construct, operate, maintain, or enlarge any irrigation ditch as provided by law. Any damage to an irrigation ditch that is located in or adjacent to such railroad right-of-way and any increases in ditch maintenance caused by the use of the railroad right-of-way for a public purpose shall be the responsibility of the person to whom the title of the railroad right-of-way was transferred. Any such transfer of title shall not impair or diminish existing contracts between the railroad company and any ditch owner for the use, operation, and maintenance of any ditch. The executive director shall ensure that the necessary contract provisions and deed restrictions or annotations, pursuant to this subsection (7), are made to the documents required to transfer the title of such railroad right-of-way.

(b) An owner of an irrigation ditch located in or adjacent to the railroad right-of-way to which title is transferred as provided in this part 13 or in section 43-1-803 is immune from suit and from any and all liability arising out of or related to the use of the railroad right-of-way for a public purpose.
C.R.S. § 43-1-113.5 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-113.5
43-1-113.5. Creation and administration of transportation infrastructure revolving fund
Status: in_force

43-1-113.5. Creation and administration of transportation infrastructure revolving fund. (1) There is hereby created in the state treasury the transportation infrastructure revolving fund, referred to in this section as the "revolving fund", which shall be maintained and administered by the executive director. The revolving fund shall consist of federal, state, or private grants and all moneys that may be transferred or appropriated thereto by the general assembly or that may otherwise be made available to the fund pursuant to law. All interest or other return on the investment of moneys in the revolving fund and all payments of principal and interest credited to the revolving fund as repayment of loans and other financial assistance provided from the revolving fund pursuant to this section shall be credited to the revolving fund. The state treasurer shall be authorized to invest moneys in the revolving fund in such manner as allowed by law so long as such moneys are not needed for the purpose of the revolving fund. Moneys in the revolving fund are continuously appropriated to the department for the purposes set forth in this section. Any moneys credited to the revolving fund shall remain in the revolving fund and shall not revert to the general fund at the end of any given fiscal year.

(1.5) Notwithstanding any provision of subsection (1) of this section to the contrary, on April 20, 2009, the state treasurer shall deduct three million dollars from the revolving fund and transfer such sum to the general fund.

(2) The revolving fund shall include a highway account, a transit account, an aviation account, and a rail account. The general assembly shall, by appropriation, determine how state general fund moneys in the revolving fund shall be allocated to the highway account.

(3) The commission shall adopt rules in accordance with the "State Administrative Procedure Act" regarding:

(a) The eligibility requirements for financial assistance from the revolving fund;

(b) The disbursement of revolving fund moneys;

(c) The interest rates to be charged on loans made from the revolving fund; and

(d) The repayment of loans made from the revolving fund.

(4) Subject to the provisions of section 18 of article X of the state constitution, moneys in the revolving fund may be used for the following purposes:

(a) To provide assistance to public and private entities for the acquisition, improvement, or construction of highways, multimodal transportation, and intermodal transportation facilities in the state. Such assistance includes, but is not limited to, the making of loans and other forms of financial assistance for qualified projects.

(b) To pay the costs incurred by the state treasurer and the department in the performance of duties pursuant to this section; and

(c) Any other purpose consistent with the provisions of this section.

(5) Except as otherwise provided in subsection (6) of this section, "qualified project" means:

(a) Any public or private transportation project as authorized by the commission, including, but not limited to, planning, environmental impact studies, feasibility studies, engineering, construction, reconstruction, resurfacing, restoring, rehabilitation, or replacement of a public or private transportation facility within the state;

(b) The acquisition of real or personal property, or interests therein, for a public or private transportation facility within the state;

(c) Any highway, transit, aviation, rail, or other transportation project within the state that is eligible for financing or financial assistance under state or federal law;

(d) The maintenance, repair, improvement, or construction of any public or private highway, road, street, parkway, transit, aviation, or rail project within the state; and

(e) The acquisition, improvement, or construction of rights-of-way, bridges, tunnels, railroad-highway crossings, drainage structures, signs, guardrails, or protective structures within this state.

(6) The term "qualified project" shall not include transportation facilities and other transportation projects that are restricted to private use.

(7) In addition to requiring interest to be paid on loans made from the revolving fund, the executive director may charge to and collect from public and private entities receiving assistance from the revolving fund fees and charges sufficient to reimburse the department for reasonable expenses incurred in processing and reviewing applications and in recommending loans and financial assistance pursuant to the provisions of this section.

(8) (a) If a recipient of financial assistance from the revolving fund fails to meet any of the terms or conditions of the loan or other form of assistance, the department may bring a right of action through the state attorney general pursuant to section 43-1-112 against such recipient in district court to seek any applicable legal or equitable remedy, including reasonable attorneys fees.

(b) Except as otherwise provided in paragraph (c) of this subsection (8), in addition to the remedies provided under paragraph (a) of this subsection (8), if the recipient is a municipality or county and such recipient defaults on the repayment of any loan made from the revolving fund, the department may withhold funds that it would otherwise disburse to the recipient. In no event shall the amount withheld exceed the amount that a recipient owes to the revolving fund. Funds withheld from a defaulting recipient shall be deposited in the account of the revolving fund from which the recipient received financial assistance and credited towards the amount due to such fund from the recipient.

(c) For purposes of paragraph (b) of this subsection (8), the department may only withhold funds it would otherwise disburse to a municipality or county from the highway users tax fund if such municipality or county defaults on the repayment of a loan made from the revolving fund for the construction, maintenance, or supervision of a public highway in this state.
C.R.S. § 43-1-1103 — CO Code / Title 43 / Article 1 / Part 11 / Section 43-1-1103
43-1-1103. Transportation planning
Status: repealed

43-1-1103. Transportation planning. (1) A twenty-year transportation plan shall be required for each transportation planning region that includes the metropolitan area of a metropolitan planning organization. Other transportation planning regions may, through intergovernmental agreements defined in section 30-28-105, C.R.S., prepare and submit such a transportation plan. A regional transportation plan shall include, but shall not be limited to, the following:

(a) Identification of transportation facilities and services, including expansion or improvement of existing facilities and services, required to meet the estimated demand for transportation in the region over the twenty-year period;

(b) Time schedules for completion of transportation projects which are included in the transportation plan;

(c) Additional funding amount need and identification of anticipated funding sources;

(d) Expected environmental, social, and economic impacts of the recommendations contained in the transportation plan, including an objective evaluation of the full range of reasonable transportation alternatives, including traffic system management options, travel demand management strategies and other transportation modes, as well as improvements to the existing facilities and new facilities, in order to provide for the transportation and environmental needs of the area in a safe and efficient manner; and

(e) Shall assist other agencies in developing transportation control measures for utilization in accordance with state and federal statutes or regulations, and the state implementation plan, and shall identify and evaluate measures that show promise of supporting clean air objectives.

(2) A regional transportation plan shall state the fiscal need to maintain mobility and what can be reasonably expected to be implemented with the estimated revenues which are likely to be available.

(3) (a) Any regional planning commissions formed for the purpose of conducting regional transportation planning or any transportation planning region shall be responsible, in cooperation with the state and other governmental agencies, for carrying out necessary continuing, cooperative, and comprehensive transportation planning for the region represented by such commission and for the purpose of meeting the requirements of subsection (4) of this section.

(b) In the absence of a locally generated regional transportation plan by a duly formed regional planning commission, the department shall include these areas in the statewide transportation plan and shall be responsible for the appropriate level of planning and analysis to incorporate the needs and recommendations of the region in an equitable and consistent manner with other regions of the state.

(4) The regional transportation plan for any region may recommend the priority for any transportation improvements planned for such region. The commission shall consider the priorities contained in such plan in making decisions concerning transportation improvements.

(5) The department shall integrate and consolidate the regional transportation plans for the transportation planning regions into a comprehensive statewide transportation plan. The formation of the state plan shall be accomplished through a statewide planning process set by rules and regulations promulgated by the commission. The state plan shall address but shall not be limited to the following factors:

(a) An emphasis on multi-modal transportation considerations, including the connectivity between modes of transportation;

(b) An emphasis on coordination with county and municipal land use planning, including examination of the impact of land use decisions on transportation needs and the exploration of opportunities for preservation of transportation corridors;

(b.5) Coordination with federal military installations in the state to identify the transportation infrastructure needs of the installations and ensure that those needs are given full consideration during the formation of the state plan;

(c) The development of areawide multi-modal management plans in coordination with the process of developing the elements of the state plan;

(d) The targeting of infrastructure investments, including preservation of the existing transportation system commonly known as "fixing it first" to support the economic vitality of the state and region;

(e) Safety enhancement;

(f) Strategic mobility and multimodal choice;

(g) The support of urban or rural mass transit;

(h) Environmental stewardship;

(i) Effective, efficient, and safe freight transport; and

(j) Reduction of greenhouse gas emissions.

(5.5) The department of transportation shall conduct a study that identifies:

(a) Policy barriers and opportunities within the department that includes an examination of policies within the state access code, roadway design standards, and the treatment of pedestrian and bicycle crossings. The study shall examine the impact of these policies on neighborhood centers and transit centers, including the impact on housing production, the implementation of context-sensitive design, complete streets, and pedestrian-bicycle safety measures.

(b) The portions of state highway that pass through locally identified transit centers and neighborhood centers that are appropriate for context-sensitive design, complete streets as defined in the "Infrastructure Investment and Jobs Act", Pub.L. 117-5, and pedestrian-bicycle safety measures.

(6) Repealed.

(7) On and after September 1, 2023, the board of directors, committee, or other governing body, however named, of the transportation planning organization for each transportation planning region must include at least one voting representative to represent all transit agencies in the transportation planning region. The representative must be appointed by the transit agency or, if multiple transit agencies provide service in the transportation planning region, by agreement of the transit agencies.
C.R.S. § 43-2-207 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-207
43-2-207. Expense of construction and maintenance
Status: in_force

43-2-207. Expense of construction and maintenance. (1) The board of county commissioners of any county in the state of Colorado and the transportation commission of the state of Colorado are authorized to make such expenditures of moneys of the county and the state of Colorado appropriated to the construction and maintenance of highways upon lands leased or condemned for highway purposes under the provisions of section 43-2-205 as are necessary for the construction and the maintenance of public highways thereon.

(2) (a) Expenditures authorized under this title for the construction and maintenance of highways on land which has been purchased, condemned, leased, or otherwise acquired by the department of transportation or the board of county commissioners of any county of the state may include the spraying of such lands bordering highways which are infested with grasshoppers or other insects, as the latter are defined in paragraph (c) of this subsection (2), and may also include the destruction and eradication of noxious, injurious, and poisonous weeds growing along said highways.

(b) Expenditures made by the transportation commission pursuant to this subsection (2) shall be paid from the state highway fund.

(c) As used in this subsection (2), "insects" means any of the small invertebrate animals in the phylum arthropoda comprising the class insecta, arachnida, and chilopoda, that is six-legged winged and unwinged forms, eight-legged segmented forms and those with two or more pairs of legs per body segment.
C.R.S. § 43-1-1207 — CO Code / Title 43 / Article 1 / Part 12 / Section 43-1-1207
43-1-1207. Applicability - public highway use by public and private entities
Status: in_force

43-1-1207. Applicability - public highway use by public and private entities. This part 12 is subject to applicable state and federal laws to the extent that such laws authorize the use of public highways by any public or private entity.
C.R.S. § 43-3-212 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-212
43-3-212. Effect of payment of bonds
Status: repealed

43-3-212. Effect of payment of bonds. (Repealed)
C.R.S. § 43-2-149 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-149
43-2-149. Roadside memorials authorized - specifications - permit - definitions
Status: in_force

43-2-149. Roadside memorials authorized - specifications - permit - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "County memorial" means a plaque, monument, or similar object placed in a particular location on a county road to commemorate one or more people who died on that county road.

(b) "Department" means the department of transportation.

(c) "Erect" means to construct or allow to be constructed.

(d) "Highway" means any road in the state highway system, as defined in section 43-2-101 (1).

(e) "Maintain" means to preserve, keep in repair, or replace a roadside memorial.

(f) "State memorial" means a sign on a highway to commemorate one or more people who died on that highway.

(2) (a) (I) The department shall erect and maintain a state memorial requested in accordance with this subsection (2). The department shall be exclusively responsible for the type, location, and design of the state memorial.

(II) An application for a state memorial shall be made on a form provided by the department, shall be signed by the applicant or the applicant's duly authorized officer or agent, and shall include:

(A) The name and address of the applicant;

(B) The name of the individual memorialized and the highway where such individual lost his or her life; and

(C) A fee to be determined by the department; except that such fee shall not exceed the direct and indirect expenses associated with erecting and maintaining such state memorial. The department shall transmit the fee to the state treasurer for deposit in the state highway fund, created in section 43-1-219.

(b) A state memorial shall be located within the highway easement as far from the roadway as is practicable or reasonably necessary to preserve public safety and facilitate highway maintenance, given the proposed location. A state memorial shall contain the name of the person memorialized and shall be erected and maintained for at least two years.

(c) Notwithstanding any provision of this section to the contrary, if any provision of this section conflicts with federal law, the department shall not erect or maintain state memorials pursuant to this section.

(2.5) (a) (I) The department shall erect and maintain a permanent state memorial for each Colorado state trooper who has died on a highway while in the line of duty.

(II) The state memorial erected pursuant to subparagraph (I) of this paragraph (a) must:

(A) Be placed in the location where the trooper's death occurred, located within the highway easement as far from the roadway as is practicable or reasonably necessary to preserve public safety and facilitate highway maintenance, given the proposed location; and

(B) Measure four feet in height by three feet in width.

(b) The department shall use gifts, grants, and donations to fund the state memorials placed pursuant to this subsection (2.5).

(c) Notwithstanding any provision of this section to the contrary, if the application of any provision of this subsection (2.5) in a specific location conflicts with federal law, the department shall neither erect nor maintain a state memorial at that location.

(3) (a) (I) A person may erect and maintain a county memorial if the proposed county memorial conforms with the requirements of this subsection (3) and, where required by the county, the applicable board of county commissioners, or the board's designee, has issued a permit to erect the county memorial on a county road in a primary or secondary system, as described in section 43-2-108. An applicant for a permit to erect a county memorial on a county road shall be exclusively responsible for the type, location, and design of the county memorial, subject to the requirements of this section.

(II) An application for a permit shall be made on a form provided by the county, shall be signed by the applicant or the applicant's duly authorized officer or agent, and shall include:

(A) The type, proposed location, and dimensions of the proposed county memorial and other information required by the form;

(B) The name and address of the applicant;

(C) The name of the individual memorialized and the highway where such individual lost his or her life;

(D) An agreement by the applicant to erect and maintain the county memorial in a safe, sound, and good condition; and

(E) A uniform fee not to exceed the county's direct and indirect expenses associated with issuing and administering the permit. The county shall transmit the fee to the county treasurer, who shall credit it to the applicable county highway or transportation fund.

(b) County memorials shall not exceed three feet in height above the ground, two feet in width, and six inches in thickness. County memorials shall be constructed of a durable material and shall not contain any moving or electronic parts. County memorials shall be located within the highway easement as far from the roadway as is practicable or reasonably necessary to preserve public safety and facilitate highway maintenance, given the proposed location. County memorials may contain the name of the person memorialized, the dates of such person's birth and death, and other relevant information.

(4) (a) The department shall deny an application for a state memorial if the proposed location of the memorial would result in a potential safety hazard or maintenance impediment. The department may suggest that the applicant consider an alternative design or placement and may remove any memorial on a highway that does not comply with the provisions of subsection (2) of this section. The department may deny or revoke a permit for false or misleading information given in the application for a state memorial pursuant to subsection (2) of this section.

(b) A board of county commissioners, or the board's designee, shall deny an application if the proposed type or location of the county memorial would result in a potential safety hazard or maintenance impediment. The board of county commissioners, or the board's designee, may suggest that the applicant consider an alternative design or placement and may remove any county memorial that does not comply with subsection (3) of this section, including through the applicant's failure to substantially perform any erection or maintenance agreement specified in the permit. The board of county commissioners, or the board's designee, may deny or revoke a permit for false or misleading information given in the application or for the erection or maintenance of a county memorial in violation of this section.

(c) Nothing in this section shall be construed to require a county to establish a permitting process pursuant to this section, but no county may prohibit or deny requests for placement of roadside memorials on county roads in the absence of a permitting process that complies with this section.
C.R.S. § 43-4-702 — CO Code / Title 43 / Article 4 / Part 7 / Section 43-4-702
43-4-702. Definitions
Status: repealed

43-4-702. Definitions. As used in this part 7, unless the context otherwise requires:

(1) "Commission" means the transportation commission created by section 43-1-106.

(2) "Department" means the department of transportation created by part 1 of article 1 of this title.

(3) "Executive director" means the executive director of the department.

(4) "Federal transportation funds" means:

(a) Funds paid to the department by the United States department of transportation; and

(b) Funds paid to any political subdivision by the United States department of transportation that are subsequently paid to the department by such political subdivision.

(5) "Political subdivision" means any municipality, county, city and county, or other political subdivision of the state.

(6) "Qualified federal aid transportation project" means any project that may be financed, in whole or in part, with federal transportation funds.

(7) Repealed.

(8) "State matching funds" means revenues other than federal transportation funds that are credited to the state highway fund or the state highway supplementary fund in accordance with section 43-1-220 and that may be used by the department to pay the costs of any qualified federal aid transportation projects.

(9) "Transportation revenue anticipation notes", "revenue anticipation notes", or "notes" means revenue anticipation notes authorized by and issued in accordance with this part 7.
C.R.S. § 43-2-201 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-201
43-2-201. Public highways
Status: in_force

43-2-201. Public highways. (1) The following are declared to be public highways:

(a) All roads over private lands dedicated to the public use by deed to that effect, filed with the county clerk and recorder of the county in which such roads are situate, when such dedication has been accepted by the board of county commissioners. A certificate of the county clerk and recorder with whom such deed is filed, showing the date of the dedication and the lands so dedicated, shall be filed with the county assessor of the county in which such roads are situate.

(b) All roads over private or other lands dedicated to public uses by due process of law and not heretofore vacated by an order of the board of county commissioners duly entered of record in the proceedings of said board;

(c) All roads over private lands that have been used adversely without interruption or objection on the part of the owners of such lands for twenty consecutive years;

(d) All toll roads or portions thereof which may be purchased by the board of county commissioners of any county from the incorporators or charter holders thereof and thrown open to the public;

(e) All roads over the public domain, whether agricultural or mineral.
C.R.S. § 43-1-121 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-121
43-1-121. Interstate 70 mountain corridor - recommendation regarding short-term mobility s
Status: repealed

43-1-121. Interstate 70 mountain corridor - recommendation regarding short-term mobility solutions. (Repealed)
C.R.S. § 43-1-202 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-202
43-1-202. Public highways or roads
Status: in_force

43-1-202. Public highways or roads. All roads and highways which are, on May 4, 1921, by law open to public traffic shall be public highways within the meaning of this part 2.
C.R.S. § 43-4-1507 — CO Code / Title 43 / Article 4 / Part 15 / Section 43-4-1507
43-4-1507. Repeal of part
Status: repealed

43-4-1507. Repeal of part. This part 15 is repealed, effective January 1, 2030.
C.R.S. § 43-2-209 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-209
43-2-209. Contract for work on highways - advertise for bids
Status: in_force

43-2-209. Contract for work on highways - advertise for bids. If any board of county commissioners desires to let out any work on the county highways by contract, it may advertise in a legal newspaper in the county or post a notice in the county courthouse, for a period of not less than ten days before the contract is let, for sealed proposals for performing the work. When a contract for work on highways involves expenditures equal to or greater than the amount at which a contract requires a contractor's bond under section 38-26-105, C.R.S., the board of county commissioners shall advertise in a newspaper as provided in this section unless such advertisement, in the judgment of the board, would be detrimental to the immediate preservation of the public peace, health, and safety. The advertisement must describe the work to be done and its location and must refer all persons to the person holding the plans and specifications therefor. and such contract shall be awarded to the lowest responsible bidder, the board reserving the right to reject any bids proffered. The cost of any county highway work mentioned in sections 43-2-208 to 43-2-210 may be paid out of the county road and bridge fund or emergency road fund, as the board may determine.
C.R.S. § 43-5-202 — CO Code / Title 43 / Article 5 / Part 2 / Section 43-5-202
43-5-202. Licenses - fee - penalty
Status: repealed

43-5-202. Licenses - fee - penalty. (Repealed)
C.R.S. § 43-1-123 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-123
43-1-123. Project closure and project reporting requirements
Status: repealed

43-1-123. Project closure and project reporting requirements. (1) The department shall close each transportation project and release any money budgeted for the project as quickly as feasible and within one year following the substantial completion of the project unless a pending legal claim relating to the project or an unusual circumstance beyond the control of the department unavoidably requires a longer time to close the project.

(2) Notwithstanding any other provision of state law, for transportation projects for which the department awards a competitively bid contract on or after July 1, 2016, the department shall report on its public website within thirty days of the contract award:

(a) The identity of the winning bidder;

(b) The amount of the winning bid; and

(c) Whether or not the bid awarded was the low bid, and, if not, why the department chose the bid over a lower bid.

(3) No later than November 1, 2017, and no later than November 1 of each year thereafter, the department shall report to the transportation commission regarding the percentages and total amount of money budgeted and expended during the preceding fiscal year for:

(a) Payments to private sector contractors for work on transportation projects; and

(b) Total transportation project costs for projects completed by department employees, including indirect cost recoveries and employee salaries.

(4) Repealed.
C.R.S. § 43-1-133 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-133
43-1-133. Additional chain-up and chain-down stations and winter safety measures feasabili
Status: repealed

43-1-133. Additional chain-up and chain-down stations and winter safety measures feasability report - repeal. (1) The department shall task the freight mobility and safety branch created in section 43-1-117 (4) to study locations for new chain-up and chain-down stations on all state highways where the department determines that chain-up and chain-down stations are necessary or beneficial and to study what appropriate technology could be added to existing chain-up and chain-down stations. The study must, at a minimum:

(a) Identify the current barriers to building new chain-up and chain-down stations, including consulting with municipalities to identify barriers related to the construction of new chain stations within municipal boundaries;

(b) Find creative solutions to address any identified barriers;

(c) Identify appropriate technology that could be added to existing chain-up and chain-down stations to improve safety and mobility;

(d) Examine the economic and safety impacts of commercial motor vehicle and other roadway incidents and closures during inclement weather events, including evaluating the potential benefits of closures to commercial motor vehicles for limited periods of time during snowstorms and working with various stakeholders on strategies and options for keeping roadways open;

(e) Examine commercial motor vehicle parking locations on interstate 70 in Colorado; and

(f) Identify any modifications or additions that existing state transportation infrastructure may need to enable the addition of new chain-up and chain-down stations, the timeline for making such modifications or additions, and the anticipated cost of making such modifications or additions.

(2) The department shall present the report to the transportation legislation review committee created in section 43-2-145 (1)(a), to the transportation commission created in section 43-1-106, and to each member of the general assembly whose senatorial or representative district is located wholly or partly within the western slope during the 2025 legislative interim.

(3) This section is repealed, effective July 1, 2026.
C.R.S. § 43-10-112 — CO Code / Title 43 / Article 10 / Section 43-10-112
43-10-112. Fuel flowage fee - authorized
Status: in_force

43-10-112. Fuel flowage fee - authorized. Any governmental entity which operates an airport providing access to the public is authorized to impose a fuel flowage fee at such airport.
C.R.S. § 43-1-1201 — CO Code / Title 43 / Article 1 / Part 12 / Section 43-1-1201
43-1-1201. Definitions
Status: in_force

43-1-1201. Definitions. As used in this part 12, unless the context otherwise requires:

(1) "Private contribution" means the supply by a private entity of resources to accomplish all or any part of the work on a transportation system project, including funds, financing, income, revenue, cost sharing, technology, staff, equipment, expertise, data, or engineering, construction, or maintenance services.

(2) "Public benefit" means a department grant of a right or interest in or concerning a transportation system project, including:

(a) A lease or easement in, under, or above a state highway right-of-way, notwithstanding section 43-1-210;

(b) Any use of state highway right-of-way that does not impair highway operation or safety, notwithstanding section 43-3-101 (3);

(c) All or part of any revenue or income resulting from the private use of a state highway right-of-way;

(d) A money payment for services from available funds; and

(e) Any other benefit that is specifically authorized by law.

(3) "Public-private initiative" means a nontraditional arrangement between the department and one or more private or public entities that provides for:

(a) Acceptance of a private contribution to a transportation system project or service in exchange for a public benefit concerning that project or service other than only a money payment;

(b) Sharing of resources and the means of providing transportation system projects or services; or

(c) Cooperation in researching, developing, and implementing transportation system projects or services.

(4) "Retail goods and services" means all goods and services sold to the public other than communications services.

(5) "Transportation system" means the state transportation infrastructure and related systems, including highways and toll roads open to the public and associated rights-of-way, bridges, vehicles, equipment, park and ride lots, transit stations, transportation management systems, intelligent vehicle highway systems, and other ground transportation systems.

(6) "Unsolicited proposal" means a written proposal for a public-private initiative that is submitted by a private entity for the purpose of entering into an agreement with the department but that is not in response to a formal solicitation or request issued by the department.
C.R.S. § 43-3-403 — CO Code / Title 43 / Article 3 / Part 4 / Section 43-3-403
43-3-403. Authority to construct tunnels
Status: repealed

43-3-403. Authority to construct tunnels. (1) The transportation commission is authorized to have constructed any tunnels between the east and west slopes of the state of Colorado for highway purposes as follows:

(a) In the event the state of Colorado receives a designation of an east-west national defense and interstate highway across the state of Colorado from the United States bureau of public roads, the transportation commission may have constructed along the route of such highway such tunnels as shall be determined jointly by the United States bureau of public roads and the transportation commission; but the cost of such tunnels shall be borne by the state of Colorado and the United States in such proportions as may be agreed upon between the transportation commission and the United States bureau of public roads.

(b) Repealed.

(2) The transportation commission may, with the approval of the governor, enter into a contract with a private individual, firm, or corporation for the construction, maintenance, and operation of one or more tunnels.
C.R.S. § 43-1-601 — CO Code / Title 43 / Article 1 / Part 6 / Section 43-1-601
43-1-601. Transportation services for the elderly and for persons with disabilities
Status: in_force

43-1-601. Transportation services for the elderly and for persons with disabilities. The department of transportation and the executive director thereof are designated and authorized to take all steps and adopt all proceedings necessary to make and enter into such contracts or agreements as may be necessary for state application and administration of the "Federal Transit Act", 49 U.S.C. sec. 5310, specifically designed for state operations including grant programs for the purpose of assisting nonprofit corporations, associations, and public bodies in making available appropriate highway transportation services for the elderly and for persons with disabilities. In performing this work, the said department shall consult with concerned local authorities for a productive statewide coordinated effort and shall prepare a statewide survey showing the transportation needs of elderly and of persons with disabilities in priority order. The commission shall budget and allocate the amounts to be expended for such purposes in accordance with section 43-1-113.
C.R.S. § 43-3-301 — CO Code / Title 43 / Article 3 / Part 3 / Section 43-3-301
43-3-301. Definitions
Status: in_force

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

(1) "Toll road" or "toll highway" shall have the meaning set forth in section 7-45-102 (8), C.R.S.

(2) "Toll road or toll highway company" shall have the meaning set forth in section 7-45-102 (9), C.R.S.
C.R.S. § 43-1-417 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-417
43-1-417. Violation and penalty
Status: in_force

43-1-417. Violation and penalty. (1) The erection of any advertising device without a permit from the department where one is required by this part 4, or the use or maintenance of any advertising device in violation of any provision of this part 4, is declared to be illegal. In addition to other remedies provided by law, including the department's ability to seek a court order enjoining violations, the department is authorized to institute an appropriate action or proceeding to prevent or remove such violation in any district court of competent jurisdiction. The removal of any advertising device unlawfully erected, used, or maintained shall be at the expense of the person who erects and maintains such a device.

(2) Any person who violates any provision of this part 4, upon being found liable thereof, shall be subject to a fine of not less than one hundred dollars nor more than one thousand dollars for each violation, as ordered by a court of competent jurisdiction. Each day of violation of a provision of this part 4 shall constitute a separate violation. The department shall enforce the provisions of this part 4 through a civil action.

(3) Only the department, or a person with the written approval of the department, may erect or maintain any advertising device located either wholly or partly within the right-of-way of any state highway that is a part of the state highway system, including streets within cities, cities and counties, and incorporated towns. All advertising devices so located without approval by the department are public nuisances, and any law enforcement officer or peace officer in the state of Colorado or employee of the department is authorized and directed to remove these devices without notice.
C.R.S. § 43-1-114 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-114
43-1-114. Highway maintenance division - creation
Status: in_force

43-1-114. Highway maintenance division - creation. (1) There is hereby created a highway maintenance division in the department of transportation. The executive director shall appoint the director of the division, and either the executive director, the director of the division, or another designee of the executive director shall appoint other necessary staff of the division in accordance with the provisions of section 13 of article XII of the state constitution.

(2) The highway maintenance division and the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department and the executive director.

(3) Whenever the chief engineer is authorized to enter into contracts or agreements, the contracts or agreements must be executed in the name of the department of transportation, state of Colorado, by the chief engineer, or his or her designee. Whenever the chief engineer is authorized to acquire or convey real or personal property, title thereto must be acquired or conveyed in the name of the department of transportation, state of Colorado, and all such conveyances must be executed by the chief engineer, or his or her designee. All suits or proceedings brought by or against the chief engineer must be in the name of the department of transportation, state of Colorado.

(4) It is the duty of the director of the highway maintenance division, in the administration of the division, to organize the division so that all division employees so far as possible, are interchangeable in work assignment and may be shifted within the division to meet seasonal and emergency demands.
C.R.S. § 43-1-214 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-214
43-1-214. Property exempt from taxation
Status: in_force

43-1-214. Property exempt from taxation. Property acquired or occupied pursuant to this part 2 shall be exempt from taxation so long as it is used for state highway or other public purposes.
C.R.S. § 43-2-145 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-145
43-2-145. Transportation legislation review - committee - definition - repeal
Status: repealed

43-2-145. Transportation legislation review - committee - definition - repeal. (1) (a) The transportation legislation review committee is hereby created in order to give guidance and direction to:

(I) The department of transportation in the development of the state transportation system and to provide legislative overview of and input into such development;

(II) The department of revenue in the licensing of drivers and registration and titling of motor vehicles; and

(III) Any state agency or political subdivision of Colorado that regulates motor vehicles or traffic, including, without limitation, penalties imposed for violating traffic statutes and rules.

(b) (I) The committee shall meet at least once each year to review transportation, traffic, and motor vehicle legislation and may consult with experts in the fields of traffic regulation, the licensing of drivers, the registration and titling of motor vehicles, and highway construction and planning and may consult with the personnel of the department of transportation or the department of revenue as may be necessary. All personnel of the department of transportation, the department of revenue, or any state agency or political subdivision of Colorado that regulates motor vehicles or traffic shall cooperate with the committee and with any persons assisting the committee in carrying out its duties pursuant to this section. The committee may review any phase of department of transportation operations, including planning and construction of highway projects, prior to and during the completion of such projects.

(II) Repealed.

(c) The committee may also conduct a post-operation review of such projects to determine whether the project was completed in the most cost-effective and efficient manner. The committee may require the department of transportation to prepare and adopt five-, ten-, and fifteen-year plans for the development of the state transportation system, and the committee shall monitor the progress of such plans. The committee may also require financial or performance audits to be conducted. Upon completion of its review of the transportation laws, the committee shall make recommendations to the governor and to the general assembly for such additional legislation as it deems necessary. The committee shall also develop and make recommendations concerning the financing of the state transportation system. Legislation recommended by the committee shall be treated as legislation recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly.

(d) and (e) Repealed.

(1.3) (a) (I) For purposes of this subsection (1.3), "agency" means any state, regional, or local agency, authority, department, district, or organization, other than an individual municipality or county, that:

(A) Is responsible for researching, planning, developing, or improving transportation systems, mass transit systems, or regional plans that include the provision of mass transit within the jurisdiction of the agency; and

(B) Has or may have overlapping or coterminous jurisdiction with another agency.

(II) The term "agency" includes, without limitation, the department of transportation, the regional transportation district, the Colorado intermountain fixed guideway authority, and the Denver regional council of governments.

(b) Each agency shall share information and coordinate efforts with other agencies in the research, planning, and development of mass transit systems to avoid the creation of duplicative or conflicting mass transit systems in the state. The committee may review the operations of any agency to ensure compliance with the provisions of this paragraph (b). In connection with the review of the committee, any agency required to share information and coordinate efforts in accordance with this paragraph (b) shall report to the committee no later than August 15, 2001, and each August 15 thereafter through August 15, 2009, and no later than August 15, 2011, and each August 15 thereafter regarding compliance with this paragraph (b).

(1.4) Repealed.

(1.5) The committee may review any phase of operations of any public highway authority created pursuant to part 5 of article 4 of this title, including planning and construction of public highway projects, prior to and during the completion of such projects. The committee may also conduct a post-operation review of a project to determine whether the project was completed in the most cost-effective and efficient manner. The committee may require any public highway authority to prepare and adopt long-range plans for the development of the public highways, and the committee shall monitor the progress of such plans. The committee may also require the state auditor to conduct a financial or performance audit of any public highway authority.

(1.6) and (1.8) Repealed.

(1.9) The committee may review any phase of operations of any regional transportation authority created pursuant to part 6 of article 4 of this title, including the planning and construction of regional transportation systems, prior to and during the completion of such systems. The committee may also conduct a post-operation review of any system to determine whether the system was completed in the most cost-effective and efficient manner. The committee may require any regional transportation authority to prepare and adopt long-range plans for the development of regional transportation systems, and the committee shall monitor the progress of the plans. The committee may also require financial or performance audits to be conducted.

(2) Repealed.

(2.1) (a) During the 2024 legislative interim, the committee shall analyze the issue of enforcement of impaired driving offenses, including situations involving a driver who refuses to take or complete a blood or breath test as required by law.

(b) The committee may request and receive input from the Colorado state patrol and the Colorado task force on drunk and impaired driving created in section 42-4-1306 and take testimony from interested or knowledgeable people about the issue of enforcement of impaired driving offenses and may otherwise research the issue.

(c) The committee may make recommendations concerning the issue of enforcement of impaired driving offenses described in this subsection (2.1) to the general assembly, and, if the committee recommends legislation, the legislation is treated as legislation recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly.

(d) This subsection (2.1) is repealed, effective July 1, 2025.

(2.2) (a) During the 2024 legislative interim, the committee shall study the issue of careless driving, described in section 42-4-1402, that results in accidental death. The committee shall study the frequency of careless driving incidents that result in accidental death and whether the current possible civil and criminal charges, including charges that may be brought in addition to those for careless driving, and associated penalties, are appropriate.

(b) As part of its study, the committee shall request input from the Colorado district attorneys' council, the office of state public defender, private criminal defense attorneys, plaintiff and defense counsel who handle civil claims related to traffic accidents, victim representatives, criminal justice reform organizations in Colorado, the judicial department, the Colorado state patrol, and other law enforcement agencies.

(c) The committee may make recommendations to the general assembly concerning careless driving incidents that result in accidental death. If the committee recommends legislation, the legislation is treated as legislation recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly. If the committee does not recommend legislation, the committee shall report to the general assembly, in writing, the findings of its study and any recommendations of the committee. The written findings and recommendations may be included in the committee's final report made following its work during the 2024 legislative interim.

(d) This subsection (2.2) is repealed, effective July 1, 2025.

(2.3) (a) During the 2024 legislative interim, the committee shall study the issue of the appropriate penalty for failing to maintain motor vehicle or low-powered scooter insurance and present evidence of insurance to a requesting officer, as required in section 42-4-1409. Any requirement to maintain insurance to operate a commercial vehicle, and the penalty for not maintaining commercial vehicle insurance, is not within the scope of the study required in this subsection (2.3).

(b) As part of its study, the committee shall request input from county court judges, the Colorado state patrol and other law enforcement agencies, the Colorado district attorneys' council, the office of state public defender, private attorneys who defend persons in actions related to maintaining motor vehicle insurance, victims of persons driving without insurance, persons who were convicted of driving without insurance, the department of revenue, and criminal justice reform organizations in Colorado. Upon approval of the executive committee of the legislative council, the committee may hold hearings away from the capitol as part of the study.

(c) The committee may make recommendations to the general assembly concerning the appropriate penalty for failing to maintain insurance and present evidence of insurance to a requesting officer. If the committee recommends legislation, the legislation is treated as legislation recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly. If the committee does not recommend legislation, the committee shall report to the general assembly, in writing, the findings of its study and any recommendations of the committee. The written findings and recommendations may be included in the committee's final report made following its work during the 2024 legislative interim.

(d) This subsection (2.3) is repealed, effective July 1, 2025.

(2.5) (a) Effective January 1, 2001, the committee shall be comprised of the members of the transportation and energy committee of reference of the house of representatives and the members of the transportation committee of reference of the senate. The chairman of the senate transportation committee shall be the chairman in even-numbered years and vice-chairman in odd-numbered years. The chairman of the house transportation and energy committee shall be chairman in odd-numbered years and vice-chairman in even-numbered years.

(b) The members of the respective committees of reference shall receive the usual per diem and necessary travel and subsistence expenses as provided for members of the general assembly who attend interim committee meetings pursuant to section 2-2-307, C.R.S.

(3) and (4) Repealed.

(5) The legislative council staff shall be made available to assist the committee in carrying out its duties pursuant to this section.

(6) to (11) Repealed.
C.R.S. § 43-1-201 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-201
43-1-201. Short title
Status: in_force

43-1-201. Short title. This part 2 shall be known and may be cited as the "Highway Law", and references to "this part 2" shall be understood to mean the highway law, including all its provisions.
C.R.S. § 43-5-307 — CO Code / Title 43 / Article 5 / Part 3 / Section 43-5-307
43-5-307. Injury to highway - penalty
Status: in_force

43-5-307. Injury to highway - penalty. If any person, association, or corporation purposely destroys or injures any sidewalk, bridge, culvert, or causeway, or removes any of the timber or plank thereof, or obstructs the same, he shall forfeit a sum of not less than one hundred dollars nor more than three hundred dollars and shall be liable for all damages occasioned thereby and for all necessary cost for rebuilding or repairing the same. All forfeitures and sums of money recovered under this section and section 43-5-306 shall be turned into the county road fund.
C.R.S. § 43-1-507 — CO Code / Title 43 / Article 1 / Part 5 / Section 43-1-507
43-1-507. Judicial review
Status: in_force

43-1-507. Judicial review. Any person aggrieved by action of the department in denying or revoking a permit may, within thirty days of the date of notice thereof, apply to a court of competent jurisdiction for appropriate relief pursuant to the Colorado rules of civil procedure or section 24-4-106, C.R.S.
C.R.S. § 43-2-145.5 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-145.5
43-2-145.5. Transportation legislation review committee - study of revisions to the traffic
Status: repealed

43-2-145.5. Transportation legislation review committee - study of revisions to the traffic law - compulsory insurance. (Repealed)
C.R.S. § 43-4-503 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-503
43-4-503. Definitions
Status: in_force

43-4-503. Definitions. As used in this part 5, unless the context otherwise requires:

(1) "Authority" means a body corporate and political subdivision of the state created pursuant to this part 5.

(2) "Board" means the board of directors of an authority.

(3) "Bond" means any bond, note, interim certificate, contract, or other evidence of indebtedness of an authority authorized by this part 5.

(4) "Combination" means any two or more municipalities, two or more counties, or one or more municipalities and one or more counties. In addition, "combination" may include the state to the extent authorized by section 43-4-504 (4).

(5) "Construct" or "construction" means the planning, designing, engineering, acquisition, installation, construction, and reconstruction of public highways.

(6) "County" means any county organized under the laws of the state, including any city and county.

(7) "Division" means the division of local government in the department of local affairs.

(8) "Governmental unit" means the state or any political subdivision thereof located in a metropolitan region, except school districts or authorities.

(9) "Metropolitan region" means an area which is designated a consolidated metropolitan statistical area by the federal office of management and budget and has a population in excess of one million persons.

(10) "Municipality" has the same meaning as that provided in section 31-1-101, C.R.S.

(11) "Person" means any natural person, corporation, partnership, association, or joint venture, the United States of America, or any governmental unit.

(12) "Public highway" means a beltway or other transportation improvement located in a metropolitan region which shall be an expressway which generally circumscribes a metropolitan region and will be primarily utilized for major traffic movement at higher traffic speeds. A public highway may, as the board determines, consist of improvements, including, but not limited to, paving, grading, landscaping, curbs, gutters, culverts, sidewalks, bikeways, lighting, bridges, overpasses, underpasses, rail crossings, frontage roads, access roads, interchanges, drainage facilities, mass transit lanes, park-and-ride facilities, toll collection facilities, service areas, administrative or maintenance facilities, gas, electric, water, sewer, and other utilities located or to be located in the right-of-way for a public highway, and other real or personal property, including easements, rights-of-way, and other interests therein, relating to the financing, construction, operation, or maintenance of a public highway.

(13) "Revenues" means any tolls, fees, rates, charges, assessments, grants, contributions, or other income and revenues received by the authority.

(14) "Sales taxes" means, for the purposes of section 43-4-508, county or municipal sales and use taxes levied and collected within a value capture area.

(15) "State" means the state of Colorado or any of its agencies.
C.R.S. § 43-2-102 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-102
43-2-102. Department maintain system
Status: in_force

43-2-102. Department maintain system. The department of transportation shall construct and maintain all roads comprising the state highway system as provided by this part 1.
C.R.S. § 43-4-314 — CO Code / Title 43 / Article 4 / Part 3 / Section 43-4-314
43-4-314. Highway building fund obligations unaffected
Status: repealed

43-4-314. Highway building fund obligations unaffected. (Repealed)
C.R.S. § 43-1-407 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-407
43-1-407. Permits
Status: repealed

43-1-407. Permits. (1) A permit from the department is required for the erection or maintenance of the following advertising devices:

(a) Each nonconforming advertising device as defined in section 43-1-403 (12); and

(b) Repealed.

(c) Each advertising device allowed pursuant to section 43-1-404 (1)(d) and (1)(e). Renewals of such permits are subject to the provisions of section 43-1-409.

(2) (a) (I) Any other provision of law notwithstanding, the department shall issue a permit to erect or maintain an advertising device on a bus bench or bus shelter located either within the right-of-way of any state highway or on land adjacent to or visible from the right-of-way of any state highway if the local governing body having authority over the state highway pursuant to section 43-2-135 has approved such advertising device. The state shall accept the local permit as a state approved permit if the approval procedure of the local governing body included a determination that the advertising device does not restrict pedestrian traffic and is not a safety hazard to the motoring public.

(II) Except for safety requirements for bus benches or bus shelters located within the right-of-way of any state highway, the department shall not impose any additional requirements or more strict requirements in connection with permits for advertising devices on a bus bench or bus shelter than those imposed by the local governing body unless specifically required by federal law.

(III) The department shall implement this subsection (2) with the purpose of promoting the use of bus transportation.

(b) This subsection (2) shall not apply if the department receives written notification from the applicable federal authority that compliance with this subsection (2) will directly cause denial of federal moneys that would otherwise be available or would otherwise be inconsistent with federal law, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal law.
C.R.S. § 43-5-502.5 — CO Code / Title 43 / Article 5 / Part 5 / Section 43-5-502.5
43-5-502.5. Transfer of functions - transitional provisions - repeal
Status: repealed

43-5-502.5. Transfer of functions - transitional provisions - repeal. (Repealed)
C.R.S. § 43-1-1502 — CO Code / Title 43 / Article 1 / Part 15 / Section 43-1-1502
43-1-1502. Provision of retail and commercial goods and services at transfer facilities on
Status: in_force

43-1-1502. Provision of retail and commercial goods and services at transfer facilities on department property. Any public entity other than the department shall obtain the approval of the executive director of the department before negotiating and entering into any agreement with any person or public entity for the provision of retail and commercial goods and services to the public at a transfer facility that is located on property that is owned by the department and leased to the regional transportation district or such other public entity for the operation of such transfer facility.
C.R.S. § 43-4-709 — CO Code / Title 43 / Article 4 / Part 7 / Section 43-4-709
43-4-709. Powers of political subdivisions
Status: in_force

43-4-709. Powers of political subdivisions. (1) A political subdivision, for the purpose of aiding and cooperating in the financing, construction, operation, or maintenance of any qualified federal aid transportation project, has the power:

(a) To sell, lease, loan, donate, grant, convey, assign, or otherwise transfer to the department any real or personal property or interests therein;

(b) To enter into agreements with any person for the joint financing, construction, operation, or maintenance of any qualified federal aid transportation project. Upon compliance with applicable constitutional or charter limitations, the political subdivision may agree to make payments, without limitation as to amount except as set forth in the agreement, from revenues received in one or more fiscal years to the department or any person to defray the costs of the financing, construction, operation, or maintenance of any qualified federal aid transportation project.

(c) To transfer or assign to the department any contracts that may have been awarded by the political subdivision for construction, operation, or maintenance of any qualified federal aid transportation project.

(2) To assist in the financing, construction, operation, or maintenance of a qualified federal aid transportation project, any political subdivision may, by contract, pledge to the department all or a portion of federal transportation funds paid to the political subdivision, the revenues the political subdivision receives from the highway users tax fund, or the revenues from any other legally available source.
C.R.S. § 43-4-801 — CO Code / Title 43 / Article 4 / Part 8 / Section 43-4-801
43-4-801. Short title
Status: in_force

43-4-801. Short title. This part 8 shall be known and may be cited as the "Funding Advancements for Surface Transportation and Economic Recovery Act of 2009".
C.R.S. § 43-2-147 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-147
43-2-147. Access to public highways - definitions
Status: repealed

43-2-147. Access to public highways - definitions. (1) (a) The department of transportation and local governments are authorized to regulate vehicular access to or from any public highway under their respective jurisdiction from or to property adjoining a public highway in order to protect the public health, safety, and welfare, to maintain smooth traffic flow, to maintain highway right-of-way drainage, and to protect the functional level of public highways. In furtherance of these purposes, all state highways are hereby declared to be controlled-access highways, as defined in section 42-1-102 (18), C.R.S.

(b) Vehicular access to or from property adjoining a state highway shall be provided to the general street system, unless such access has been acquired by a public authority. Police, fire, ambulance, and other emergency stations shall have a right of direct access to state highways. After June 21, 1979, no person may submit an application for subdivision approval to a local authority unless the subdivision plan or plat provides that all lots and parcels created by the subdivision will have access to the state highway system in conformance with the state highway access code.

(c) The provisions of this section shall not be deemed to deny reasonable access to the general street system.

(2) and (3) Repealed.

(4) The commission shall adopt a state highway access code, by rule and regulation, for the implementation of this section, on or after March 16, 1980. The access code shall address the design and location of driveways and other points of access to public highways. The access code shall be consistent with the authority granted in this section and shall be based upon consideration of existing and projected traffic volumes, the functional classification of public highways, adopted local transportation plans and needs, drainage requirements, the character of lands adjoining the highway, adopted local land use plans and zoning, the type and volume of traffic to use the driveway, other operational aspects of the driveway, the availability of vehicular access from local streets and roads rather than a state highway, and reasonable access by city streets and county roads.

(5) (a) After the effective date of the access code, no person shall construct any driveway providing vehicular access to or from any state highway from or to property adjoining a state highway without an access permit issued by the appropriate local authority with the written approval of the department of transportation. If the local authority fails to act within forty-five days after an access permit has been requested, such permit shall be deemed issued subject to written approval of the department of transportation. If the department of transportation does not act upon an access permit within twenty days after notice by the local authority, or within twenty days after local authorities should have acted, whichever is the lesser, such permit shall be deemed approved. Upon written request by a local authority, the department of transportation shall administer or assist in the administration of access permits in that jurisdiction. If the department of transportation undertakes to administer access permits in a jurisdiction, it shall act upon requested access permits within forty-five days of request. If the department of transportation fails to act within forty-five days upon a requested access permit, such permit shall be deemed approved. Access permits shall be issued only in compliance with the access code and may include terms and conditions authorized by the access code.

(b) The issuing authority shall establish a reasonable schedule of fees for access permits issued pursuant to the access code and this section, which fees shall not exceed the costs of administration of access permits.

(c) When a permitted driveway is constructed or utilized in violation of the access code, permit terms and conditions, or this section, either the issuing authority or the department of transportation or both may obtain a court order enjoining violation of the access code, permit terms and conditions, or this section. Such access permits may be revoked by the issuing authority if, at any time, the permitted driveway and its use fail to meet the requirements of this section, the access code, or the terms and conditions of the permit. The department of transportation may install barriers across or remove any driveway providing direct access to a state highway which is constructed without an access permit.

(6) (a) The provisions of this section shall not apply to driveways in existence on June 30, 1979, unless specifically stated otherwise. Driveways constructed between July 1, 1979, and the effective date of the access code shall comply with the driveway code adopted by the department of transportation pursuant to statutory authority prior to July 1, 1979.

(b) Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the department of transportation with written concurrence of the appropriate local authority to be reconstructed or relocated to conform to the access code, either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway operation or at the expense of the department of transportation if the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth in the access code.

(c) Any party who has received an adverse decision by the department of transportation may request and shall receive a hearing before the transportation commission or before an administrative law judge from the department of personnel, at the discretion of the transportation commission. Such hearing shall be conducted in accordance with the provisions of article 4 of title 24, C.R.S. Decisions by the transportation commission or by an administrative law judge shall be considered final agency action.

(d) Reconstruction or relocation of a driveway shall be administered in the same manner as the revocation of a license under the "State Administrative Procedure Act".

(7) The boards of county commissioners may, by resolution, and other local authorities may, in the manner prescribed in article 16 of title 31, C.R.S., adopt by reference the state highway access code, in whole or in part, or may adopt separate provisions, for application to local roads and streets that are not a part of the state highway system.

(7.5) The issuing authority shall grant a variance from the state highway access code if such variance would not be inconsistent with paragraph (a) of subsection (1) of this section and if such variance is reasonably necessary for the convenience, safety, and welfare of the public. If failure to grant a variance would deny reasonable access to the general street system, such denial may be subject to the provisions of section 43-1-208 and section 15 of article II of the state constitution.

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

(a) "Access control plan" means a roadway design plan which designates preferred access locations and their designs for the purpose of bringing those portions of roadway included in the access control plan into conformance with their functional classification to the extent feasible.

(b) "Appropriate local authority" means the board of county commissioners if the driveway is to be located in the unincorporated area of a county and the governing body of the municipality if the driveway is to be located within an incorporated municipality.

(c) "Functional classification" means a classification system that defines a public roadway according to its purposes in the local or statewide highway plans. The commission shall determine the functional classification of all state highways. The functional classification of county roads and city streets shall be determined by the appropriate local authority.

(d) "General street system" means the interconnecting network of city streets, county roads, and state highways in an area.

(e) "Issuing authority" means the entity which issues access permits and includes the board of county commissioners, the governing body of a municipality, and the department of transportation.

(f) "Local road" means a county road, as provided in sections 43-2-108 and 43-2-109, and "local street" means a municipal street, as provided in sections 43-2-123 and 43-2-124.
C.R.S. § 43-4-308 — CO Code / Title 43 / Article 4 / Part 3 / Section 43-4-308
43-4-308. Redemption
Status: repealed

43-4-308. Redemption. (Repealed)
C.R.S. § 43-4-602 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-602
43-4-602. Definitions
Status: in_force

43-4-602. Definitions. As used in this part 6, unless the context otherwise requires:

(1) "Advertising device" means an outdoor sign, display, poster, or other message used to advertise a product or service or other message.

(1.5) "Authority" means a body corporate and political subdivision of the state created pursuant to this part 6 or a transportation planning organization exercising the powers of an authority as authorized by section 43-4-622.

(2) "Board" means the board of directors of an authority or of a transportation planning organization exercising the powers of an authority as authorized by section 43-4-622.

(3) "Bond" means any bond, note, interim certificate, contract, or other obligation of an authority authorized by this part 6.

(3.5) "Boundaries of the authority" means the boundaries specified in the contract creating the authority, as may be changed in the manner provided in section 43-4-605 (2), or the boundaries of the territory in which a transportation planning organization is authorized to exercise the powers of an authority as specified in the resolution authorizing the transportation planning organization to exercise the powers of an authority adopted by the board of the transportation planning organization as authorized by section 43-4-622, as may be changed in the manner provided in section 43-4-605 (2).

(4) "Combination" means any two or more municipalities, two or more counties, or one or more municipalities and one or more counties. In addition, "combination" may include:

(a) One or more special districts organized with street improvement, safety protection, or transportation powers under and as defined in article 1 of title 32, C.R.S., and one or more municipalities, counties, or counties and municipalities;

(b) The state to the extent authorized by section 43-4-603 (5).

(5) "Construct" or "construction" means the planning, designing, engineering, acquisition, installation, construction, or reconstruction of regional transportation systems.

(6) "County" means any county organized under the laws of the state, including any city and county.

(7) "Division" means the division of local government in the department of local affairs.

(8) "Governmental unit" means the state or any political subdivision thereof, except school districts or special purpose authorities as defined in section 24-77-102 (15), C.R.S.

(9) (a) "Grant" means a cash payment of public funds made directly to a regional transportation activity enterprise by a governmental unit within the state, which cash payment is not required to be repaid.

(b) "Grant" does not include the following:

(I) Public funds paid or advanced to a regional transportation activity enterprise by a governmental unit in exchange for an agreement by a regional transportation activity enterprise to provide a regional transportation system or for the use of property included in or in connection with a regional transportation system;

(II) Refunds made in the current or next fiscal year;

(III) Gifts;

(IV) Any payments directly or indirectly from federal funds or earnings on federal funds;

(V) Collections for another government;

(VI) Pension contributions by employees and pension fund earnings;

(VII) Reserve transfers or expenditures;

(VIII) Damage awards; or

(IX) Property sales.

(10) "Municipality" has the same meaning as that provided in section 31-1-101 (6), C.R.S.

(11) "Operation and maintenance expenses" means all reasonable and necessary current expenses of the authority, paid or accrued, of operating, maintaining, and repairing any regional transportation system.

(12) "Person" means any natural person, corporation, partnership, association, or joint venture, the United States of America, or any governmental unit.

(12.5) "Region" means all of the territory within the boundaries of, and subject to the jurisdiction of, the governing body of any member of a combination that creates an authority pursuant to section 43-4-603 or the governing body of any member of a transportation planning organization exercising the powers of an authority as authorized by section 43-4-622.

(13) and (14) (Deleted by amendment, L. 2005, p. 1058, § 3, effective January 1, 2006.)

(15) "Regional transportation activity enterprise" means any regional transportation activity business owned by an authority, which enterprise receives under ten percent of its annual revenues in grants from all state and local governments within the state combined and is authorized to issue its own revenue bonds pursuant to this part 6.

(16) "Regional transportation system" means any property, improvement, or system designed to be compatible with established state and local transportation plans that transports or conveys people or goods or permits people or goods to be transported or conveyed within a region by any means, including, but not limited to, an automobile, truck, bus, rail, air, or gondola. The term includes any real or personal property or equipment, or interest therein, that is appurtenant or related to any property, improvement, or system that transports or conveys people or goods or permits people or goods to be transported or conveyed within a region by any means or that is financed, constructed, operated, or maintained in connection with the financing, construction, operation, or maintenance of any such property, improvement, or system. The term may also include, but is not limited to, any highway, road, street, bus system, railroad, airport, gondola system, or mass transit system and any real or personal property or equipment, or interest therein, used in connection therewith; any real or personal property or equipment, or interest therein, that is used to transport or convey gas, electricity, water, sewage, or information or that is used in connection with the transportation, conveyance, or provisions of any other utilities; and paving, grading, landscaping, curbs, gutters, culverts, sidewalks, bikeways, lighting, bridges, overpasses, underpasses, cross-roads, parkways, drainage facilities, mass transit lanes, park-and-ride facilities, toll collection facilities, service areas, and administrative or maintenance facilities. Rights-of-way included in a regional transportation system shall be considered public rights-of-way for purposes of the location of utilities owned by persons other than the authority; except that no right-of-way within the regional transportation district created and existing pursuant to article 9 of title 32, C.R.S., that is not a publicly dedicated right-of-way by a municipality, a county, or the state shall be considered a public right-of-way as a result of its inclusion in the district.

(16.5) "Revenues" means any tolls, fees, rates, charges, assessments, taxes, grants, contributions, or other income and revenues received by the authority.

(16.7) "Special district" has the same meaning as provided in section 32-1-103 (20), C.R.S.

(17) "State" means the state of Colorado or any of its agencies.

(18) "Streetscape enhancement" means an advertising device located on a bus or transit shelter or bench, waste receptacle, kiosk, or other freestanding structure located within an authority.

(19) "Transportation planning organization" means a metropolitan planning organization, as defined in section 43-1-1102 (4), or a rural transportation planning organization responsible for transportation planning for a transportation planning region, as defined in section 43-1-1102 (8).
C.R.S. § 43-1-419 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-419
43-1-419. Scenic byways - Independence pass scenic area highway
Status: in_force

43-1-419. Scenic byways - Independence pass scenic area highway. (1) (a) State highways designated as scenic byways by the transportation commission must have no new advertising devices erected which are visible from the highway.

(b) Existing advertising devices along scenic byways which are in compliance with this part 4 and the rules and regulations of the department may be maintained as long as they remain in compliance with all provisions of this part 4 and the rules and regulations of the department.

(c) (I) An advertising device shall be considered to be visible from a designated highway if it is plainly visible to the driver of a vehicle who is proceeding in a legally designated direction and traveling at the posted speed.

(II) As used in this paragraph (c), "visible" shall have the same meaning as provided in section 43-1-403 (17).

(2) Independence pass on state highway 82 and sixteen miles of said highway extending on either side of Independence pass in Pitkin and Lake counties, Colorado, is designated as a scenic area highway, and no advertising devices shall be erected on or near said highway so as to be visible to motor vehicle operators on said highway.
C.R.S. § 43-3-202 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-202
43-3-202. Powers granted to department
Status: in_force

43-3-202. Powers granted to department. (1) In addition to the powers now possessed by it, the department of transportation has power:

(a) To formulate, by its own initiative or by recommendation of the governor, plans for the development and improvement of the state highway system by the construction of turnpikes within the state and to conduct engineering surveys and perform any other acts necessary in determining the feasibility of such plans. "Turnpike" means any highway or express highway, tunnel, or toll tunnel constructed under the provisions of this part 2 and includes all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations, and administration, storage, and other buildings which the department of transportation may deem necessary for the operation of such turnpike, together with all property, rights, easements, and interests which may be acquired by the department of transportation for the construction or the operation of such turnpike.

(b) To design, finance, construct, operate, maintain, improve, and reconstruct turnpikes in the state and to acquire, construct, operate, control, and use the turnpikes and all works, facilities, and means necessary or convenient to the full exercise of the powers granted in this section. It is declared that such turnpikes are public highways of the state.

(c) To take all steps and adopt all proceedings and to make and enter into all contracts or agreements with other states, the United States, or any of its agencies, instrumentalities, or departments, including, without limiting the generality of the foregoing, the reconstruction finance corporation or with public corporations within the state necessary or incidental to the performance of its duties and the execution of its powers under this part 2; but any contract relating to the financing of any such construction, maintenance, improvement, or reconstruction shall be approved by the governor before the same becomes effective;

(c.5) To make and enter into contracts or agreements with one or more public or private entities to design, finance, construct, operate, maintain, reconstruct, or improve a 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;

(d) To establish, revise periodically, and collect fees, fares, and tolls for the privilege of traveling along and over the turnpikes and for such other uses as may be made available by the establishment of such turnpikes, to adopt such rules governing the use of the turnpikes as the department of transportation may determine to be advisable, and to exercise such other powers and authority as may be necessary or convenient to the practical and full operation and use thereof;

(e) To set aside in a special sinking fund and to pledge any and all fees, fares, and tolls and all income however derived to the payment of the principal of and the interest on the bonds authorized in this part 2 to be issued;

(f) To set aside in a special sinking fund and to pledge from the proceeds in the state highway fund derived from the imposition of licenses, registration, and other charges with respect to the operation of any motor vehicle upon any public highway of the state and the proceeds from the imposition of any excise tax on gasoline or other liquid motor fuel an amount sufficient to insure the payment of the principal and interest on the bonds authorized in this part 2 to be issued promptly as the same respectively become due; except that any such pledge shall first be approved by joint resolution of the senate and house of representatives and further except that the amount so set aside and pledged shall not exceed in any one year one hundred percent of the total of the following:

(I) The amount of principal and interest falling due during such year; and

(II) The amount required to be paid into the special sinking fund as a reasonable reserve for the payment of the bonds authorized in this part 2 in accordance with the resolution of the transportation commission authorizing their issuance as approved by the joint resolution of the senate and house of representatives.

(g) To accept grants and permits from and to cooperate with the United States or any agency, instrumentality, or department thereof in the construction, reconstruction, maintenance, improvement, operation, and financing of turnpikes or their appurtenances and to do all things necessary to avail itself of such cooperation;

(h) To designate as a turnpike project a described territory or a described portion of the highway system of the state to be constructed or improved under this part 2;

(i) To cooperate, negotiate, and contract with other states in any manner necessary to effect the purposes of this part 2;

(j) To require that each contractor to whom is awarded any contract for the construction, erection, repair, maintenance, or improvement of any turnpike, as defined in paragraph (a) of this subsection (1), shall, before entering upon the performance of any work included in said contract, execute, deliver to, and file with the department of transportation a good and sufficient bond to be approved by the department of transportation in an amount to be fixed by the department of transportation, which amount shall be not less than twenty-five percent of the total amount payable by the terms of said contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the faithful performance of the contract according to the terms thereof, and, in addition, shall provide that, if the contractor or his subcontractors fail to duly pay for any labor, materials, motor vehicle or team hire, sustenance, provisions, provender, or other supplies used or consumed by such contractor or his subcontractor or contractors in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight percent per annum.
C.R.S. § 43-2-120 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-120
43-2-120. Annual county reports
Status: in_force

43-2-120. Annual county reports. (1) On or before the thirtieth day of June of each year, the board of county commissioners of each county shall cause to be made and filed with the highway maintenance division a complete report of the expenditures of all moneys applied to county road systems during the calendar year ending on the thirty-first day of December next preceding. The division shall prescribe the form and contents of the report.

(2) The report must contain the following:

(a) A detailed statement identifying the separate amounts and sources of all moneys available during the calendar year covered by the report, including moneys made available by the United States government, the state, and any other governmental agency and moneys available from bond issues, special assessments, tax levy, or any other source whatever for expenditure for street and road purposes;

(b) A detailed statement of all expenditures during the calendar year covered by the report for street and road purposes, including obligations incurred but not yet paid. The statement must contain uniform categories prescribed by the highway maintenance division, including, but not be limited to, expenditures for rights-of-way or other property, construction, maintenance, acquisition of equipment, and administration. The statement must also set forth the amount of funds on hand at the beginning of the calendar year covered by the report and any unexpended funds remaining at the close of the calendar year. The division shall prescribe such other expenditure categories and such other information as may be deemed necessary by the division to fully disclose the nature and extent of all transactions by any county relating to streets and roads.

(3) The highway maintenance division shall prepare detailed instructions for the uniform reporting of receipts and expenditures of all moneys applied to county streets and roads.

(4) The highway maintenance division shall annually tabulate and compile all such reports and statements received from the counties and shall publish these data in accordance with the provisions of section 24-1-136, C.R.S.

(5) (a) On or before March 1 of each year, the board of county commissioners of each county shall submit to the department of transportation a map which indicates any changes in the mileage or location of any road within the county system of roads, together with any changes in the surface classification of any roads within the county system which have been made during the calendar year ending on December 31 next preceding.

(b) Information concerning the condition of the streets, roads, and highways submitted pursuant to section 43-1-115 (2), shall be reported in conjunction with the report required by paragraph (a) of this subsection (5).
C.R.S. § 43-4-612 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-612
43-4-612. Referendum
Status: in_force

43-4-612. Referendum. (1) (a) No action by an authority to establish or increase any tax authorized by this part 6 shall take effect unless first submitted to a vote of the registered electors of that portion of the combination or that portion of the territory in which a transportation planning organization is authorized to exercise the powers of an authority in which the tax is proposed to be collected.

(b) The effective date of any sales or use tax adopted under this part 6 must be either January 1 or July 1 following the date of the election in which the sales or use tax is approved, and the board shall notify the executive director of the department of revenue of the adoption of a sales or use tax proposal at least forty-five days prior to the effective date of the tax. If a sales or use tax proposal is approved at an election held less than forty-five days prior to the January 1 or July 1 following the date of the election, the tax shall not be effective until the next succeeding January 1 or July 1.

(2) No action by an authority creating a multiple fiscal year debt or other financial obligation that is subject to section 20 (4)(b) of article X of the state constitution shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the authority; except that no such vote is required for obligations of regional transportation activity enterprises established under section 43-4-606 or for obligations of any other enterprise under section 20 (2)(d) of article X of the state constitution.

(3) The questions proposed to the registered electors under subsections (1) and (2) of this section shall be submitted at a general election or any election to be held on the first Tuesday in November of an odd-numbered year. The action shall not take effect 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 authority in conducting the election. The authority shall pay the costs incurred by each county in conducting such an election. No moneys of the authority may be used to urge or oppose passage of an election required under this section.
C.R.S. § 43-2-135 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-135
43-2-135. Division of authority over streets
Status: in_force

43-2-135. Division of authority over streets. (1) The jurisdiction, control, and duty of the state, cities, cities and counties, and incorporated towns with respect to streets which are a part of the state highway system is as follows:

(a) The city, city and county, and incorporated town shall exercise full responsibility for and control over any such street beyond and including the curbs and, if no curb is installed, beyond the traveled way, its contiguous shoulders, and appurtenances; except that the regulation and control of driveways shall be subject to the provisions of section 43-2-147.

(b) The department of transportation has authority to prohibit the suspension of signs, banners, or decorations above the portion of such streets between the curbs or portion used for highway purposes up to a vertical height of twenty feet above the surface of the roadway.

(c) The city, city and county, or incorporated town at its own expense shall maintain all underground facilities in such streets and has the right to construct such underground facilities as may be necessary in such streets.

(d) The city, city and county, or incorporated town has the right to grant the privilege to open the surface of any such street, but all damages occasioned thereby shall promptly be repaired either by the city, city and county, or incorporated town itself or at its direction.

(e) The city, city and county, or incorporated town at its own expense shall provide street illumination and shall clean all such streets, including storm sewer inlets and catch basins.

(f) The department of transportation has the right to utilize all storm sewers on such highways without cost; and if new storm sewer facilities are necessary in construction of streets by the department of transportation, the cost of such facilities shall be borne by the state and municipality as may be mutually agreed upon between the department of transportation and the local governing body of the city, city and county, or incorporated town.

(g) Cities, cities and counties, and incorporated towns shall regulate and enforce all traffic and parking restrictions on streets which are state highways, but all regulations adopted after December 31, 1979, shall be approved in writing by the department of transportation before becoming effective on such streets; except that such regulations shall become effective on such streets sixty days after receipt for review by the department of transportation if not disapproved in writing by said department during that sixty-day period.

(h) The department of transportation shall erect, control, and maintain at state expense all route markers and directional signs, except street signs on those streets.

(i) The department of transportation shall install, operate, maintain, and control at state expense all traffic control signals, signs, and traffic control devices on state highways in cities, the city and county of Denver, the city and county of Broomfield, and incorporated towns. No local authority shall erect or maintain any stop sign or traffic control signal at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the department of transportation. For the purpose of this paragraph (i), striping, lane-marking, and channelization are considered traffic control devices.

(j) Rights-of-way for such street shall be acquired by either the city, city and county, or incorporated town or by the state as is mutually agreed upon. Costs of acquiring such rights-of-way may be at the sole expense of the state or the city, city and county, or incorporated town, or both, as may be mutually agreed. Title to all rights-of-way so acquired shall vest in the city, city and county, or incorporated town, or the state, according to the agreement under which said rights-of-way were secured.

(k) The department of transportation is authorized to acquire rights-of-way by purchase, gift, or condemnation for any such streets, highways, and bridges. Any such condemnation proceeding shall be exercised in the manner provided by law for condemnation proceedings to acquire lands required for state highways. Nothing in this section shall be construed as abrogating the rights of home rule cities to acquire lands for state purposes in the manner set forth in the charter of said cities.
C.R.S. § 43-4-504 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-504
43-4-504. Creation of authorities
Status: in_force

43-4-504. Creation of authorities. (1) Any combination may create, by contract, an authority which shall be authorized to exercise the functions conferred by the provisions of this part 5 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. Such certificate shall be issued by the director upon the filing with him of a copy of the contract by the combination joining in the creation of the authority and upon a determination by him that each member of the combination is located in the same metropolitan region. The director shall cause such certificate to be recorded in the real estate records in each county which has territory included in the boundaries of the authority. Upon issuance of the certificate by the director of the division, the authority shall constitute 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.

(2) Any contract establishing an authority shall specify:

(a) The name and purpose of the authority and the public highways 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 include at least one elected official from each member of the combination, except as provided in subsection (4) of this section; except that all of the directors shall be elected officials from the members of the combination, except as provided in subsection (4) of this section;

(II) The manner of their appointment, their qualifications, their compensation, if any, 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, a majority of the voting members of the board shall constitute a quorum and a majority of the quorum shall be necessary for action by the board of directors;

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

(d) The boundaries of the authority, which may include territory which, at the time of designation, is not more than one and one-half miles from the proposed center line of the public highway to be constructed but which may not include territory outside of the boundaries of the members of the combination; except that the boundaries of the authority may not include territory which, at the time the territory is included within the boundaries of the authority, is located within the boundaries of a municipality, unless such municipality is either a member of the combination or consents to the inclusion of such territory within the boundaries of the authority;

(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 rescinded so long as the authority has bonds outstanding;

(f) Provisions for amendment of the contract;

(g) Limitations, if any, on the powers granted by this part 5 which may be exercised by the authority pursuant to this part 5; and

(h) The conditions to be satisfied to add or delete parties to the contract.

(3) No municipality or county shall enter into the contract establishing the authority without holding a hearing thereon. Notice of the time, place, and purpose of the hearing shall be given by publication in a newspaper of general circulation in the municipality or county, as the case may be, at least ten days prior to the date of the hearing.

(4) The state, acting by and through the commission and upon the approval of the governor, may join in the contract creating the authority. The number of members on the board to which the state shall be entitled shall be established in the contract, but in no case shall the state be entitled to less than one member of the board. The state member or members of the board shall be appointed by the governor, with the consent of the senate, for such term as shall be established by the governor.

(5) The appropriate regional transportation agency, if any, the air quality control commission, and the regional planning commission, if any, shall each designate a representative to serve as nonvoting members of the board.
C.R.S. § 43-1-122 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-122
43-1-122. Removal of graffiti from departmental facilities - memorandums of understanding
Status: in_force

43-1-122. Removal of graffiti from departmental facilities - memorandums of understanding. (1) The department may, at its discretion, enter into a memorandum of understanding with any city, county, city and county, or other municipality of the state to allow the city, county, city and county, or other municipality to remove graffiti as needed from departmental property located within the city, county, city and county, or other municipality.

(2) A memorandum of understanding entered into by the department pursuant to subsection (1) of this section shall state that if the city, county, city and county, or other municipality chooses to remove graffiti from a departmental facility, the city, county, city and county, or other municipality shall do so at its own expense.