City of Apsen v. Meserole12/24/1990
t of the federal interstate highway system or the federal primary highway system, or of any paved highway which is a part of the federal secondary highway system, or of any paved highway which is a part of the state highway system.
(Emphasis added). Sidewalks were not mentioned in this version. The engrossed House Bill 1047, as amended, provided:
A dangerous condition which interferes with the movement of traffic on the traveled portion and shoulders or curbs of any highway, road, or street within the corporate limits of any municipality, or of any highway which is a part of the federal interstate highway system or the federal primary highway system, or of any paved highway which is a part of the federal secondary highway system, or of any paved highway which is a part of the state highway system, on that portion of such highway, road, or street which was designed and intended for public travel or parking thereon.
(Emphasis in original). Again, no mention of sidewalks appeared in this revised draft, but a reference to "curbs" was added. The final language of the 1971 provision approved by the General Assembly and enacted into law, ยง 130-11-6(1)(e), 1971 Colo. Sess. Laws 1206, added the word "sidewalk," and read as follows:
A dangerous condition which interferes with the movement of traffic on the traveled portion and shoulders or curbs of any public highway, road, street, or sidewalk within the corporate limits of any municipality, or of any highway which is a part of the federal interstate highway system or the federal primary highway system, or of any paved highway which is a part of the federal secondary highway system, or of any paved highway which is a part of the state highway system, on that portion of such highway, road, street, or sidewalk which was designed and intended for public travel or parking thereon.
(Emphasis added). Based on the development of this provision, it appears that "sidewalk" was added to correspond to the designation of "curbs." Logically, then, this waiver provision as enacted in 1971 focused solely on highways, roads, streets, and sidewalk curbs.
In 1986, the Colorado Governmental Immunity Act was amended by the adoption of House Bill 1196, 1986 Colo. Sess. Laws 873. Subsection (1)(d) was amended as follows:
A dangerous condition OF A PUBLIC HIGHWAY, ROAD, OR STREET which PHYSICALLY interferes with the movement of traffic ON THE PAVED PORTION, IF PAVED, OR ON THE PORTION CUSTOMARILY USED FOR TRAVEL BY MOTOR VEHICLES, IF UNPAVED, of any public highway, road, street, or sidewalk within the corporate limits of any municipality, or of any highway which is a part of the federal interstate highway system or the federal primary highway system, or of any highway which is a part of the federal secondary highway system, or of any highway which is a part of the state highway system on that portion of such highway, road, street, or sidewalk which was designed and intended for public travel or parking thereon. AS USED IN THIS SECTION, THE PHRASE "PHYSICALLY INTERFERES WITH THE MOVEMENT OF TRAFFIC" SHALL NOT INCLUDE TRAFFIC SIGNS, SIGNALS, OR MARKINGS, OR THE LACK THEREOF, BUT SHALL INCLUDE THE FAILURE TO REPAIR A STOP SIGN OR A YIELD SIGN WHICH REASSIGNED THE RIGHT-OF-WAY OR THE FAILURE TO REPAIR A TRAFFIC CONTROL SIGNAL ON WHICH CONFLICTING DIRECTIONS ARE DISPLAYED, IF SUCH FAILURE CONSTITUTED A DANGEROUS CONDITION AS DEFINED IN SECTION 24-10-103(1).
Statements by the primary sponsor of House Bill 1196, Representative Charles E. Berry, further elucidate the legislative intent with regard to subsection (1)(d). See Archer Daniels Midland Co. v. State of Colorado, 6
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