Colorado 2022 Regular Session

Colorado House Bill HB1028 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0064.02 Jason Gelender x4330
1	8		HOUSE BILL 22-1028
2		-	BY REPRESENTATIVE(S) Gray and Hooton, Boesenecker, Exum,
3		-	Froelich, Sullivan, Amabile, Bernett, Cutter, Jodeh, Kennedy, Kipp,
4		-	Lindsay, Lontine, McCluskie, Titone, Valdez A., Van Winkle, Ricks,
5		-	Sirota, Snyder, Soper;
6		-	also SENATOR(S) Winter and Priola, Buckner, Gonzales, Lee, Moreno,
7		-	Story, Fenberg.
	9	+	House Committees Senate Committees
	10	+	Transportation & Local Government Transportation & Energy
	11	+	A BILL FOR AN ACT
8	12		C
9		-	ONCERNING STATEWIDE REGULATION OF PERSONS APPROACHING
10		-	CONTROLLED INTERSECTIONS WHO ARE NOT OPERATING MOTOR
11		-	VEHICLES
12		-	.
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, 42-4-1412, amend (1)
16		-	as follows:
17		-	42-4-1412. Operation of bicycles, electric scooters, and other
18		-	human-powered vehicles. (1) A person riding a bicycle, electrical assisted
19		-	bicycle, or electric scooter has all of the rights and duties applicable to the
20		-	driver of any other vehicle under this article 4, except as to special
21		-	regulations in this article 4, except as provided in section 42-4-1412.5, and
22		-	except as to those provisions that by their nature can have no application.
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. Bicycle, electrical assisted bicycle, or electric scooter riders shall comply
31		-	with the rules set forth in this section and section 42-4-221, and, when using
32		-	streets and highways within incorporated cities and towns, are subject to
33		-	local ordinances regulating the operation of bicycles, electrical assisted
34		-	bicycles, and electric scooters as provided in section 42-4-111.
35		-	Notwithstanding any contrary provision in this article 4, when a county or
36		-	municipality has adopted an ordinance or resolution pursuant to
37		-	THAT
38		-	REGULATES THE OPERATION OF BICYCLES
39		-	, ELECTRICAL ASSISTED BICYCLES,
40		-	AND ELECTRIC SCOOTERS AT CONTROLLED INTERSECTIONS , AS DEFINED IN
41		-	SECTION
42		-	42-4-1412.5 (4)(a), AND THAT DOES NOT CONFLICT WITH section
43		-	42-4-1412.5, riders are subject to the local ordinance or resolution.
44		-	SECTION 2. In Colorado Revised Statutes, amend 42-4-1412.5 as
45		-	follows:
46		-	42-4-1412.5. Statewide regulation of certain persons
47		-	approaching intersections who are not operating motor vehicles - status
48		-	of existing local ordinance or resolution - legislative declaration -
49		-	definitions. (1) A county or municipality may adopt an ordinance or
50		-	resolution implementing this section. If a county or municipality adopts an
51		-	ordinance or resolution pursuant to this section, the ordinance or resolution
52		-	must specify the following: THE GENERAL ASSEMBLY HEREBY FINDS AND
53		-	DECLARES THAT
54		-	:
	13	+	ONCERNING STATEWIDE REGULATION OF PERSONS APPROACHING101
	14	+	CONTROLLED INTERSECTIONS WHO ARE NOT OPERATING MOTOR102
	15	+	VEHICLES.103
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov/
	22	+	.)
	23	+	Transportation Legislation Review Committee. An existing
	24	+	statute allows a municipality or county to adopt an ordinance or resolution
	25	+	specifying that a person riding a bicycle, electrical assisted bicycle, or
	26	+	electric scooter may make a safety stop, rather than a full stop, under
	27	+	certain circumstances when approaching an intersection that is controlled
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	March 21, 2022
	31	+	SENATE
	32	+	Amended 2nd Reading
	33	+	March 18, 2022
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	February 22, 2022
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	February 18, 2022
	40	+	HOUSE SPONSORSHIP
	41	+	Gray and Hooton, Boesenecker, Exum, Froelich, Sullivan, Amabile, Bernett, Cutter,
	42	+	Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie, Titone, Valdez A., Van Winkle
	43	+	SENATE SPONSORSHIP
	44	+	Winter and Priola, Buckner, Fenberg, Gonzales, Lee, Moreno, Story
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	47	+	Dashes through the words indicate deletions from existing statute. by a stop sign or a traffic control signal as follows:
	48	+	! When approaching a stop sign, if it is safe to proceed, the
	49	+	person may, after slowing to a reasonable speed of 15 miles
	50	+	per hour or less, or 10 or 20 miles per hour or less if so
	51	+	specified by municipality or county for a particular
	52	+	intersection and marked with appropriate signage, and
	53	+	yielding the right-of-way to any traffic or pedestrian in or
	54	+	approaching the intersection, continue through the
	55	+	intersection without stopping; and
	56	+	! When approaching an illuminated red traffic control signal,
	57	+	the person must first stop at the intersection and yield to all
	58	+	other traffic and pedestrians and then, when safe to do so,
	59	+	may proceed straight or make a right turn through the
	60	+	intersection or, subject to specified conditions, make a left
	61	+	turn onto a one-way street only.
	62	+	The bill amends the statute to make the substantive requirements
	63	+	described above uniform statewide for most persons approaching a
	64	+	controlled intersection who are not operating a motor vehicle. Such
	65	+	persons include pedestrians (approaching a controlled intersection with
	66	+	a stop sign) and operators of low-speed conveyances, as defined in the
	67	+	bill (approaching a controlled intersection with a stop sign or a traffic
	68	+	control signal).
	69	+	The regulation of persons approaching controlled intersections is
	70	+	declared to be a matter of mixed state and local concern, and the amended
	71	+	statute is thus declared to supersede any conflicting local ordinance or
	72	+	resolution but not to affect the validity of any nonconflicting local
	73	+	ordinance or resolution that regulates the conduct of persons approaching
	74	+	controlled intersections. The bill does not create any right for a pedestrian
	75	+	or the operator of a low-speed conveyance to travel on any portion of a
	76	+	roadway where travel is otherwise prohibited by state law or a local
	77	+	ordinance or resolution.
	78	+	Be it enacted by the General Assembly of the State of Colorado:1
	79	+	SECTION 1. In Colorado Revised Statutes, 42-4-1412, amend2
	80	+	(1) as follows:3
	81	+	42-4-1412. Operation of bicycles, electric scooters, and other4
	82	+	human-powered vehicles. (1) A person riding a bicycle, electrical5
	83	+	assisted bicycle, or electric scooter has all of the rights and duties6
	84	+	applicable to the driver of any other vehicle under this article 4, except as7
	85	+	1028-2- to special regulations in this article 4, except as provided in section1
	86	+	42-4-1412.5, and except as to those provisions that by their nature can2
	87	+	have no application. Bicycle, electrical assisted bicycle, or electric scooter3
	88	+	riders shall comply with the rules set forth in this section and section4
	89	+	42-4-221, and, when using streets and highways within incorporated cities5
	90	+	and towns, are subject to local ordinances regulating the operation of6
	91	+	bicycles, electrical assisted bicycles, and electric scooters as provided in7
	92	+	section 42-4-111. Notwithstanding any contrary provision in this article8
	93	+	4, when a county or municipality has adopted an ordinance or resolution9
	94	+	pursuant to THAT REGULATES THE OPERATION OF BICYCLES , ELECTRICAL10
	95	+	ASSISTED BICYCLES, AND ELECTRIC SCOOTERS AT CONTROLLED11
	96	+	INTERSECTIONS, AS DEFINED IN SECTION 42-4-1412.5 (4)(a), AND THAT12
	97	+	DOES NOT CONFLICT WITH section 42-4-1412.5, riders are subject to the13
	98	+	local ordinance or resolution.14
	99	+	SECTION 2. In Colorado Revised Statutes, amend 42-4-1412.515
	100	+	as follows:16
	101	+	42-4-1412.5. Statewide regulation of certain persons17
	102	+	approaching intersections who are not operating motor vehicles -18
	103	+	status of existing local ordinance or resolution - legislative19
	104	+	declaration - definitions. (1) A county or municipality may adopt an20
	105	+	ordinance or resolution implementing this section. If a county or21
	106	+	municipality adopts an ordinance or resolution pursuant to this section,22
	107	+	the ordinance or resolution must specify the following: THE GENERAL23
	108	+	ASSEMBLY HEREBY FINDS AND DECLARES THAT :24
55	109		(a) T
56		-	HE REGULATION OF PERSONS APPROACHING CONTROLLED
57		-	INTERSECTIONS IS A MATTER OF MIXED STATE AND LOCAL CONCERN
58		-	; AND
59		-	(b) IT IS NECESSARY, APPROPRIATE, AND IN THE BEST INTEREST OF
60		-	THE STATE TO REDUCE INJURIES
61		-	, FATALITIES, AND PROPERTY DAMAGE
62		-	RESULTING FROM COLLISIONS AT CONTROLLED INTERSECTIONS BETWEEN
63		-	MOTOR VEHICLES AND PERSONS WHO ARE NOT OPERATING MOTOR VEHICLES
64		-	BY ALLOWING MOST PERSONS APPROACHING CONTROLLED INTERSECTIONS
65		-	WHO ARE FIFTEEN YEARS OF AGE OR OLDER OR WHO ARE UNDER FIF TEEN
66		-	YEARS OF AGE AND ACCOMPANIED BY AN ADULT AND WHO ARE NOT
67		-	OPERATING MOTOR VEHICLES TO APPROACH CONTROLLED INTERSECTIONS IN
68		-	THE MANNER SET FORTH IN THIS SECTION
69		-	.
	110	+	HE REGULATION OF PERSONS APPROACHING CONTROLLED25
	111	+	INTERSECTIONS IS A MATTER OF MIXED STATE AND LOCAL CONCERN ; AND26
	112	+	(b) I
	113	+	T IS NECESSARY, APPROPRIATE, AND IN THE BEST INTEREST OF27
	114	+	1028
	115	+	-3- THE STATE TO REDUCE INJURIES, FATALITIES, AND PROPERTY DAMAGE1
	116	+	RESULTING FROM COLLISIONS AT CONTROLLED INTERSECTIONS BETWEEN2
	117	+	MOTOR VEHICLES AND PERSONS WHO ARE NOT OPERATING MOTOR3
	118	+	VEHICLES BY ALLOWING MOST PERSONS APPROACHING CONTROLLED4
	119	+	INTERSECTIONS WHO ARE FIFTEEN YEARS OF AGE OR OLDER OR WHO ARE5
	120	+	UNDER FIFTEEN YEARS OF AGE AND ACCOMPANIED BY AN ADULT AND WHO6
	121	+	ARE NOT OPERATING MOTOR VEHICLES TO APPROACH CONTROLLED7
	122	+	INTERSECTIONS IN THE MANNER SET FORTH IN THIS SECTION .8
70	123		(2) (a) (I) A
71	124		PEDESTRIAN OR A person riding a bicycle, electrical
72		-	assisted bicycle, or electric scooter WHO IS FIFTEEN YEARS OF AGE OR OLDER
73		-	OR WHO IS UNDER FIFTEEN YEARS OF AGE AND ACCOMPANIED BY AN ADULT
74		-	PAGE 2-HOUSE BILL 22-1028 AND WHO IS OPERATING A LOW -SPEED CONVEYANCE and approaching an
75		-	intersection of a roadway A CONTROLLED INTERSECTION with a stop sign
76		-	shall slow down and, if required for safety, stop before entering the
77		-	intersection. If a stop is not required for safety, the
78		-	PEDESTRIAN OR person
79		-	OPERATING A LOW-SPEED CONVEYANCE shall slow to a reasonable speed and
80		-	yield the right-of-way to any traffic or pedestrian in or approaching the
81		-	intersection. After the
82		-	PEDESTRIAN OR person OPERATING A LOW-SPEED
83		-	CONVEYANCE
84		-	has slowed to a reasonable speed and yielded the right-of-way
85		-	if required, the
86		-	PEDESTRIAN OR person OPERATING A LOW -SPEED
87		-	CONVEYANCE
88		-	may cautiously make a turn or proceed through the
89		-	intersection without stopping.
	125	+	9
	126	+	assisted bicycle, or electric scooter WHO IS FIFTEEN YEARS OF AGE OR10
	127	+	OLDER OR WHO IS UNDER FIFTEEN YEARS OF AGE AND ACCOMPANIED BY11
	128	+	AN ADULT AND WHO IS OPERATING A LOW-SPEED CONVEYANCE and12
	129	+	approaching an intersection of a roadway A CONTROLLED INTERSECTION13
	130	+	with a stop sign shall slow down and, if required for safety, stop before14
	131	+	entering the intersection. If a stop is not required for safety, the15
	132	+	PEDESTRIAN OR person OPERATING A LOW-SPEED CONVEYANCE shall slow16
	133	+	to a reasonable speed and yield the right-of-way to any traffic or17
	134	+	pedestrian in or approaching the intersection. After the
	135	+	PEDESTRIAN OR18
	136	+	person
	137	+	OPERATING A LOW-SPEED CONVEYANCE has slowed to a reasonable19
	138	+	speed and yielded the right-of-way if required, the
	139	+	PEDESTRIAN OR person20
	140	+	OPERATING A LOW-SPEED CONVEYANCE may cautiously make a turn or21
	141	+	proceed through the intersection without stopping.22
90	142		(b)
91		-	(II) For purposes of this subsection (1) SUBSECTION (2)(a), a
92		-	reasonable speed is fifteen TEN miles per hour or less. A municipality, by
93		-	ordinance, or a county, by resolution, may reduce the maximum reasonable
94		-	speed at any individual intersection to ten miles per hour or raise the
95		-	maximum reasonable speed to twenty miles per hour if the municipality or
96		-	county also posts signs at the intersection stating that lower or
97		-	higher speed
98		-	limitation.
99		-	(c) (b) A person riding a bicycle, electrical assisted bicycle, or
100		-	electric scooter WHO IS FIFTEEN YEARS OF AGE OR OLDER OR WHO IS UNDER
101		-	FIFTEEN YEARS OF AGE AND IS A CCOMPANIED BY AN ADULT AND WHO IS
102		-	OPERATING A LOW
103		-	-SPEED CONVEYANCE and approaching an intersection of
104		-	a roadway A CONTROLLED INTERSECTION with an illuminated red traffic
105		-	control signal shall stop before entering the intersection and shall yield to
106		-	all other traffic and pedestrians. Once the person
107		-	OPERATING A LOW-SPEED
108		-	CONVEYANCE
109		-	has yielded, the person OPERATING A LOW -SPEED
110		-	CONVEYANCE
111		-	may cautiously proceed in the same direction through the
112		-	intersection or make a right-hand turn. When a red traffic control signal is
113		-	illuminated, a person
114		-	OPERATING A LOW-SPEED CONVEYANCE shall not
115		-	proceed through the intersection or turn right if an oncoming vehicle is
116		-	turning or preparing to turn left in front of the person
117		-	OPERATING A
118		-	LOW
119		-	-SPEED CONVEYANCE.
	143	+	(II) For purposes of this subsection (1) SUBSECTION (2)(a), a23
	144	+	reasonable speed is fifteen TEN miles per hour or less. A municipality, by24
	145	+	ordinance, or a county, by resolution, may reduce the maximum25
	146	+	reasonable speed at any individual intersection to ten miles per hour or26
	147	+	raise the maximum reasonable speed to twenty miles per hour if the27
	148	+	1028
	149	+	-4- municipality or county also posts signs at the intersection stating that1
	150	+	lower or higher speed limitation.2
	151	+	(c) (b) A person riding a bicycle, electrical assisted bicycle, or3
	152	+	electric scooter WHO IS FIFTEEN YEARS OF AGE OR OLDER OR WHO IS4
	153	+	UNDER FIFTEEN YEARS OF AGE AND IS ACCOMPANIED BY AN ADULT AND5
	154	+	WHO IS OPERATING A LOW-SPEED CONVEYANCE and approaching an6
	155	+	intersection of a roadway A CONTROLLED INTERSECTION with an7
	156	+	illuminated red traffic control signal shall stop before entering the8
	157	+	intersection and shall yield to all other traffic and pedestrians. Once the9
	158	+	person
	159	+	OPERATING A LOW-SPEED CONVEYANCE has yielded, the person10
	160	+	OPERATING A LOW-SPEED CONVEYANCE may cautiously proceed in the11
	161	+	same direction through the intersection or make a right-hand turn. When12
	162	+	a red traffic control signal is illuminated, a person
	163	+	OPERATING A13
	164	+	LOW-SPEED CONVEYANCE shall not proceed through the intersection or14
	165	+	turn right if an oncoming vehicle is turning or preparing to turn left in15
	166	+	front of the person
	167	+	OPERATING A LOW-SPEED CONVEYANCE.16
120	168		(d)
121		-	(c) A person riding a bicycle, electrical assisted bicycle, or
122		-	electric scooter WHO IS FIFTEEN YEARS OF AGE OR OLDER OR WHO IS UNDER
123		-	FIFTEEN YEARS OF AGE AND IS A CCOMPANIED BY AN ADULT AND WHO IS
124		-	OPERATING A LOW
125		-	-SPEED CONVEYANCE approaching an intersection of a
126		-	roadway with an illuminated red traffic control signal may make a left-hand
127		-	PAGE 3-HOUSE BILL 22-1028 turn only if turning onto a one-way street and only after stopping and
128		-	yielding to other traffic and pedestrians. However, a person
129		-	OPERATING A
130		-	LOW
131		-	-SPEED CONVEYANCE shall not turn left if a
132		-	AN ONCOMING vehicle is
133		-	traveling in the same direction as the person and the vehicle is turning or
134		-	preparing to turn left. If the person is not turning left onto a one-way street,
135		-	the person shall not make a left-hand turn at an intersection while a red
136		-	traffic control signal is illuminated. RIGHT.
	169	+	(c) A person riding a bicycle, electrical assisted bicycle, or17
	170	+	electric scooter WHO IS FIFTEEN YEARS OF AGE OR OLDER OR WHO IS18
	171	+	UNDER FIFTEEN YEARS OF AGE AND IS ACCOMPANIED BY AN ADULT AND19
	172	+	WHO IS OPERATING A LOW -SPEED CONVEYANCE approaching an20
	173	+	intersection of a roadway with an illuminated red traffic control signal21
	174	+	may make a left-hand turn only if turning onto a one-way street and only22
	175	+	after stopping and yielding to other traffic and pedestrians. However, a23
	176	+	person
	177	+	OPERATING A LOW-SPEED CONVEYANCE shall not turn left if a
	178	+	AN24
	179	+	ONCOMING vehicle is traveling in the same direction as the person and the25
	180	+	vehicle is turning or preparing to turn left. If the person is not turning left26
	181	+	onto a one-way street, the person shall not make a left-hand turn at an27
	182	+	1028
	183	+	-5- intersection while a red traffic control signal is illuminated. RIGHT.1
137	184		(d) N
138		-	OTWITHSTANDING ANY OTHER PROVISION OF THIS SUBSECTION
139		-	(2), IF A COUNTY OR MUNICIPALITY HAS PLACED A TRAFFIC SIGN OR A
140		-	TRAFFIC CONTROL SIGNAL AT A CONTROLLED INTERSECTION AND THE
141		-	TRAFFIC SIGN OR TRAFFIC CONTROL SIGNAL PROVIDES INSTRUCTIONS ONLY
142		-	TO ONE OR MORE SPECIFIED TYPES OF LOW
143		-	-SPEED CONVEYANCES , THE
144		-	OPERATOR OF A LOW
145		-	-SPEED CONVEYANCE TO WHICH THE TRAFFIC SIGN OR
146		-	TRAFFIC CONTROL SIGNAL IS DIRECTED SHALL OBEY THE INSTRUCTIONS
147		-	PROVIDED BY THE SIGN OR TRAFFIC CONTROL SIGNAL
148		-	.
149		-	(2)
150		-	(e) If a county or municipality adopted a valid ordinance or
151		-	resolution that regulates bicycles or electrical assisted bicycles substantially
152		-	as described in subsection (1)
153		-	SUBSECTIONS (2)(a.5), (2)(b.5), AND (2)(c.5)
154		-	of this section prior to May 3, 2018, that ordinance or resolution remains
155		-	valid
156		-	TO THE EXTENT THAT IT APPLIES TO THE OPERATION OF BICYCLES OR
157		-	ELECTRICAL ASSISTED BICYCLES BY PERSONS WHO ARE UNDER FIFTEEN
158		-	YEARS OF AGE AND WHO ARE NOT ACCOMPANIED BY AN ADULT
159		-	.
	185	+	OTWITHSTANDING ANY OTHER PROVISION OF THIS
	186	+	2
	187	+	SUBSECTION (2), IF A COUNTY OR MUNICIPALITY HAS PLACED A TRAFFIC3
	188	+	SIGN OR A TRAFFIC CONTROL SIGNAL AT A CONTROLLED INTERSECTION4
	189	+	AND THE TRAFFIC SIGN OR TRAFFIC CONTROL SIGNAL PROVIDES5
	190	+	INSTRUCTIONS ONLY TO ONE OR MORE SPECIFIED TYPES OF LOW -SPEED6
	191	+	CONVEYANCES, THE OPERATOR OF A LOW-SPEED CONVEYANCE TO WHICH7
	192	+	THE TRAFFIC SIGN OR TRAFFIC CONTROL SIGNAL IS DIRECTED SHALL OBEY8
	193	+	THE INSTRUCTIONS PROVIDED BY THE SIGN OR TRAFFIC CONTROL SIGNAL .9
	194	+	(2) (e) If a county or municipality adopted a valid ordinance or10
	195	+	resolution that regulates bicycles or electrical assisted bicycles11
	196	+	substantially as described in subsection (1) SUBSECTIONS (2)(a.5),12
	197	+	(2)(b.5),
	198	+	AND (2)(c.5) of this section prior to May 3, 2018, that ordinance
	199	+	13
	200	+	or resolution remains valid
	201	+	TO THE EXTENT THAT IT APPLIES TO THE
	202	+	14
	203	+	OPERATION OF BICYCLES OR ELECTRICAL ASSISTED BICYCLES BY PERSONS15
	204	+	WHO ARE UNDER FIFTEEN YEARS OF AGE AND WHO ARE NOT ACCOMPANIED16
	205	+	BY AN ADULT.17
160	206		(2.5) T
161		-	HIS SECTION SUPERSEDES ANY CONFLICTING ORDI NANCE THAT
162		-	A MUNICIPALITY
163		-	, COUNTY, OR CITY AND COUNTY ADOPTS, BUT nothing in
164		-	this section affects the validity of an
165		-	ANY ordinance or resolution that
166		-	ADOPTED BY a municipality, county, or city and county adopted pursuant to
167		-	this section if the ordinance or resolution: THAT REGULATES THE CONDUCT
168		-	OF PERSONS APPROACHING CONTROLLED INTERSECTIONS AND DOES NOT
169		-	CONFLICT WITH THIS SECTION
170		-	.
171		-	(a) Was adopted before May 23, 2019; and
172		-	(b) Applies to electric scooters.
173		-	(3) The adoption of an ordinance or resolution in accordance with
174		-	This section does not diminish or alter the authority of the department of
175		-	transportation or the state transportation commission, as those entities are
176		-	PAGE 4-HOUSE BILL 22-1028 defined in section 43-1-102, regarding the department's or commission's
177		-	authority to regulate motor vehicle traffic on any portion of the state
178		-	highway system as defined in section 43-2-101 (1).
	207	+	HIS SECTION SUPERSEDES ANY CONFLICTING ORDINANCE18
	208	+	THAT A MUNICIPALITY, COUNTY, OR CITY AND COUNTY ADOPTS , BUT19
	209	+	nothing in this section affects the validity of an
	210	+	ANY ordinance or20
	211	+	resolution that ADOPTED BY a municipality, county, or city and county21
	212	+	adopted pursuant to this section if the ordinance or resolution: THAT22
	213	+	REGULATES THE CONDUCT OF PERSONS APPROACHING CONTROLLED23
	214	+	INTERSECTIONS AND DOES NOT CONFLICT WITH THIS SECTION .24
	215	+	(a) Was adopted before May 23, 2019; and25
	216	+	(b) Applies to electric scooters.26
	217	+	(3) The adoption of an ordinance or resolution in accordance with27
	218	+	1028
	219	+	-6- This section does not diminish or alter the authority of the department of1
	220	+	transportation or the state transportation commission, as those entities are2
	221	+	defined in section 43-1-102, regarding the department's or commission's3
	222	+	authority to regulate motor vehicle traffic on any portion of the state4
	223	+	highway system as defined in section 43-2-101 (1).5
179	224		(3.5) T
180		-	HIS SECTION DOES NOT CREATE ANY RIGHT FOR A PEDESTRIAN
181		-	OR THE OPERATOR OF A LOW
182		-	-SPEED CONVEYANCE TO TRAVEL ON ANY
183		-	PORTION OF A ROADWAY WHERE TRAVEL IS OTHERWISE PROHIBITED BY
184		-	STATE LAW OR BY AN ORDINANCE OR RESOLUTION ADOPTED BY A
185		-	MUNICIPALITY
186		-	, COUNTY, OR CITY AND COUNTY.
187		-	(4) As used in this section:
	225	+	HIS SECTION DOES NOT CREATE ANY RIGHT FOR A6
	226	+	PEDESTRIAN OR THE OPERATOR OF A LOW-SPEED CONVEYANCE TO TRAVEL7
	227	+	ON ANY PORTION OF A R OADWAY WHERE TRAVEL IS OTHERWISE8
	228	+	PROHIBITED BY STATE LAW OR BY AN ORDINANCE OR RESOLUTION9
	229	+	ADOPTED BY A MUNICIPALITY, COUNTY, OR CITY AND COUNTY.10
	230	+	(4) As used in this section:11
188	231		(a) "Electrical assisted bicycle" means the term as it is defined in
189		-	~~section 42-1-102 (28.5). "CONTROLLED INTERSECTION " MEANS AN~~
190		-	INTERSECTION ~~OF A ROADWAY THAT IS CONTROLLED BY EITHER A STOP SIGN~~
191		-	OR A ~~TRAFFIC CONTROL SIGNAL~~
192		-	.
193		-	(b) "Municipality" means a home rule or statutory city, town, ~~or city~~
194		-	and county. "LOW-SPEED CONVEYANCE" MEANS:
	232	+	12
	233	+	section 42-1-102 (28.5). "CONTROLLED INTERSECTION " MEANS AN13
	234	+	INTERSECTION OF A ROADWAY THAT IS CONTROLLED BY EITHER A STOP14
	235	+	SIGN OR A TRAFFIC CONTROL SIGNAL.15
	236	+	(b) "Municipality" means a home rule or statutory city, town, or16
	237	+	city and county. "LOW-SPEED CONVEYANCE" MEANS:17
195	238		(I) A
196		-	VEHICLE, AS DEFINED IN SECTION 42-1-102 (112), THAT IS NOT
197		-	A MOTOR VEHICLE
198		-	, AS DEFINED IN SECTION 42-1-102 (58), A LOW-POWER
199		-	SCOOTER AS DEFINED IN SECTION
200		-	42-1-102 (48.5), OR A LOW-SPEED
201		-	ELECTRIC VEHICLE
202		-	, AS DEFINED IN SECTION 42-1-102 (48.6);
	239	+	VEHICLE, AS DEFINED IN SECTION 42-1-102 (112), THAT IS18
	240	+	NOT A MOTOR VEHICLE , AS DEFINED IN SECTION 42-1-102 (58), A19
	241	+	LOW-POWER SCOOTER AS DEFINED IN SECTION 42-1-102 (48.5), OR A20
	242	+	LOW-SPEED ELECTRIC VEHICLE, AS DEFINED IN SECTION 42-1-102 (48.6);21
203	243		(II) A
204		-	TOY VEHICLE, AS DEFINED IN SECTION 42-1-102 (103.5), THAT
205		-	IS EXCLUSIVELY HUMAN
206		-	-POWERED; OR
207		-	(III) AN ELECTRIC PERSONAL ASSISTANCE MOBILITY DEVICE OR
208		-	EPAMD, AS DEFINED IN SECTION 42-1-102 (28.7), OR A DEVICE THAT WOULD
209		-	BE AN ELECTRIC PERSONAL ASSISTANCE MOBILITY DEVICE OR
210		-	EPAMD BUT
211		-	FOR THE FACT THAT IT HAS FEWER OR MORE THAN TWO WHEELS OR HAS
212		-	TANDEM WHEELS
213		-	.
214		-	SECTION 3. In Colorado Revised Statutes, 42-4-2301, amend
215		-	(1)(g) and (1)(h); and add (1)(i) as follows:
216		-	42-4-2301. Comprehensive education. (1) The department of
217		-	transportation, in collaboration with the departments of education and
218		-	public safety and appropriate nonprofit organizations and advocacy groups,
219		-	PAGE 5-HOUSE BILL 22-1028 shall notify schools of the availability of and make available to schools
220		-	existing educational curriculum for individuals under eighteen years of age
221		-	regarding the safe use of public streets and premises open to the public by
222		-	users of nonmotorized wheeled transportation and pedestrians. The
223		-	curriculum shall focus on, at a minimum, instruction regarding:
224		-	(g) The use of hiking and bicycling trails; and
225		-	(h) Safe pedestrian practices; AND
226		-	(i) LEGAL REQUIREMENTS AND SAFE PRACTICES FOR APPROACHING
227		-	CONTROLLED INTERSECTIONS AS A PEDESTRIAN OR WHILE OPERATING A
228		-	LOW
229		-	-SPEED CONVEYANCE, AS DEFINED IN SECTION 42-4-1412.5 (4)(b).
230		-	SECTION 4. In Colorado Revised Statutes, add part 25 to article
231		-	4 of title 42 as follows:
232		-	PART 25
233		-	EDUCATION REGARDING APPROACHING
234		-	CONTROLLED INTERSECTIONS WHILE
235		-	NOT DRIVING A MOTOR VEHICLE
236		-	42-4-2501. Educational materials - updating of driving manual.
237		-	(1) T
238		-	HE DEPARTMENT OF TRANSPORTATION , IN COLLABORATION WITH THE
239		-	DEPARTMENTS OF EDUCATION AND PUBLIC SAFETY AND APPROPRIATE
240		-	NONPROFIT ORGANIZATIONS AND ADVOCACY GROUPS
241		-	, SHALL PRODUCE FOR
242		-	THE GENERAL PUBLIC EDUCATIONAL MATERIALS CONCERNING LEGAL
243		-	REQUIREMENTS AND SAFE PRACTICES FOR APPROACHING CONTROLLED
244		-	INTERSECTIONS AS A PEDESTRIAN OR WHILE OPERATING A LOW
245		-	-SPEED
246		-	CONVEYANCE
247		-	, AS DEFINED IN SECTION 42-4-1412.5 (4)(b).
248		-	(2) T
249		-	HE DIVISION OF MOTOR VEHICLES IN THE DEPARTMENT SHALL
250		-	INCLUDE IN UPDATES TO THE
251		-	"COLORADO DRIVER HANDBOOK" UPDATED
252		-	INFORMATION REGARDING LEGAL REQUIREMENTS AND SAFE PRACTICES FOR
253		-	APPROACHING CONTROLLED INTERSECTIONS THAT REFLECTS CHANGES TO
254		-	PRIOR LAW MADE BY
255		-	HOUSE BILL 22-1028, ENACTED IN 2022.
256		-	SECTION 5. Safety clause. The general assembly hereby finds,
257		-	PAGE 6-HOUSE BILL 22-1028 determines, and declares that this act is necessary for the immediate
258		-	preservation of the public peace, health, or safety.
259		-	____________________________ ____________________________
260		-	Alec Garnett Steve Fenberg
261		-	SPEAKER OF THE HOUSE PRESIDENT OF
262		-	OF REPRESENTATIVES THE SENATE
263		-	____________________________ ____________________________
264		-	Robin Jones Cindi L. Markwell
265		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
266		-	OF REPRESENTATIVES THE SENATE
267		-	APPROVED________________________________________
268		-	(Date and Time)
269		-	_________________________________________
270		-	Jared S. Polis
271		-	GOVERNOR OF THE STATE OF COLORADO
272		-	PAGE 7-HOUSE BILL 22-1028
	244	+	TOY VEHICLE, AS DEFINED IN SECTION 42-1-102 (103.5),22
	245	+	THAT IS EXCLUSIVELY HUMAN-POWERED; OR23
	246	+	(III) A
	247	+	N ELECTRIC PERSONAL ASSISTANCE MOBILITY DEVICE OR24
	248	+	EPAMD,
	249	+	AS DEFINED IN SECTION 42-1-102 (28.7), OR A DEVICE THAT25
	250	+	WOULD BE AN ELECTRIC PERSONAL ASSISTANCE MOBILITY DEVICE OR26
	251	+	EPAMD
	252	+	BUT FOR THE FACT THAT IT HAS FEWER OR MORE THAN TWO27
	253	+	1028
	254	+	-7- WHEELS OR HAS TANDEM WHEELS .1
	255	+	SECTION 3. In Colorado Revised Statutes, 42-4-2301, amend2
	256	+	(1)(g) and (1)(h); and add (1)(i) as follows:3
	257	+	42-4-2301. Comprehensive education. (1) The department of4
	258	+	transportation, in collaboration with the departments of education and5
	259	+	public safety and appropriate nonprofit organizations and advocacy6
	260	+	groups, shall notify schools of the availability of and make available to7
	261	+	schools existing educational curriculum for individuals under eighteen8
	262	+	years of age regarding the safe use of public streets and premises open to9
	263	+	the public by users of nonmotorized wheeled transportation and10
	264	+	pedestrians. The curriculum shall focus on, at a minimum, instruction11
	265	+	regarding:12
	266	+	(g) The use of hiking and bicycling trails; and13
	267	+	(h) Safe pedestrian practices; AND14
	268	+	(i) LEGAL REQUIREMENTS AND SAFE PRACTICES FOR APPROACHING15
	269	+	CONTROLLED INTERSECTIONS AS A PEDESTRIAN OR WHILE OPERATING A16
	270	+	LOW-SPEED CONVEYANCE, AS DEFINED IN SECTION 42-4-1412.5 (4)(b).17
	271	+	SECTION 4. In Colorado Revised Statutes, add part 25 to article18
	272	+	4 of title 42 as follows:19
	273	+	PART 2520
	274	+	EDUCATION REGARDING APPROACHING21
	275	+	CONTROLLED INTERSECTIONS WHILE22
	276	+	NOT DRIVING A MOTOR VEHICLE23
	277	+	42-4-2501. Educational materials - updating of driving manual.24
	278	+	(1) THE DEPARTMENT OF TRANSPORTATION , IN COLLABORATION WITH THE25
	279	+	DEPARTMENTS OF EDUCATION AND PUBLIC SAFETY AND APPROPRIATE26
	280	+	NONPROFIT ORGANIZATIONS AND ADVOCACY GROUPS, SHALL PRODUCE27
	281	+	1028
	282	+	-8- FOR THE GENERAL PUBLIC EDUCATIONAL MATERIALS CONCERNING LEGAL1
	283	+	REQUIREMENTS AND SAFE PRACTICES FOR APPROACHING CONTROLLED2
	284	+	INTERSECTIONS AS A PEDESTRIAN OR WHILE OPERATING A LOW -SPEED3
	285	+	CONVEYANCE, AS DEFINED IN SECTION 42-4-1412.5 (4)(b).4
	286	+	(2) THE DIVISION OF MOTOR VEHICLES IN THE DEPARTMENT SHALL5
	287	+	INCLUDE IN UPDATES TO THE "COLORADO DRIVER HANDBOOK" UPDATED6
	288	+	INFORMATION REGARDING LEGAL REQUIREMENTS AND SAFE PRACTICES7
	289	+	FOR APPROACHING CONTROLLED INTERSECTIONS THAT REFLECTS CHANGES8
	290	+	TO PRIOR LAW MADE BY HOUSE BILL 22-1028, ENACTED IN 2022.9
	291	+	SECTION 5. Safety clause. The general assembly hereby finds,10
	292	+	determines, and declares that this act is necessary for the immediate11
	293	+	preservation of the public peace, health, or safety.12
	294	+	1028
	295	+	-9-