SENATE BILL 24-100
BY SENATOR(S) Roberts and Will, Rich, Ginal, Hansen, Jaquez Lewis,
Marchman, Priola, Smallwood, Fenberg;
also REPRESENTATIVE(S) Velasco and Taggart, Lukens, McCluskie,
McLachlan, Soper, Story, Titone, Bird, Brown, Catlin, Daugherty, Duran,
English, Froelich, Garcia, Hamrick, Joseph, Kipp, Lieder, Lindsay,
Lindstedt, Lynch, Mabrey, Marshall, Martinez, Mauro, Ortiz, Pugliese,
Ricks, Sirota, Snyder, Valdez, Willford, Woodrow, Young.
C
ONCERNING COMMERCIAL VEHICLE SAFETY MEASURES ON COLORADO
HIGHWAYS
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 42-4-106, amend
(5)(a)(I)(C); and add (5)(a)(I)(C.5) and (5)(a)(I)(G) as follows:
42-4-106. Who may restrict right to use highways - definitions
- rules. (5) (a) (I) (C) A closure or restriction under this subsection (5) is
effective when signs, including temporary or electronic signs, that notify the
public of the closure or restriction are erected upon the highway, and the
restriction in subsection (5)(a)(I)(B) of this section is effective on
ANY
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. PORTION OF THE FOLLOWING CORRIDORS LOCATED ON THE WESTERN SLOPE
FROM
SEPTEMBER 1 THROUGH MAY 31 OF EACH YEAR DURING ANY
CONDITIONS THAT EXIST ON THE HIGHWAY FOR ANY COMMERCIAL VEHICLE
WITH A DECLARED GROSS VEHICLE WEIGHT RATING OF SIXTEEN THOUSAND
ONE POUNDS OR MORE
: Interstate 70 between milepost 133 (Dotsero) and
WEST OF milepost 259 (Morrison), from September 1 through May 31 of
each year COLORADO STATE HIGHWAY 9 FROM MILEPOST 63 TO MILEPOST 97
(F
RISCO TO FAIRPLAY), U.S. ROUTE 40 WEST OF MILEPOST 256 (EMPIRE),
U.S.
ROUTE 50 WEST OF MILEPOST 225 (SALIDA), U.S. ROUTE 160 WEST OF
MILEPOST
304 (WALSENBURG), U.S. ROUTE 285 WEST OF MILEPOST 250
(M
ORRISON), AND ALL OF U.S. ROUTE 550 FROM MILEPOST 0 TO 130. It is
unlawful to proceed when a state highway is closed or to proceed when a
restriction is in effect without the equipment required by this subsection (5).
(C.5) A
CLOSURE OR RESTRICTION UNDER THIS SUBSECTION (5) IS
EFFECTIVE ON ANY MOTOR VEHICLE WHEN SIGNS
, INCLUDING TEMPORARY OR
ELECTRONIC SIGNS
, THAT NOTIFY THE PUBLIC OF THE CLOSURE OR
RESTRICTION ARE ERECTED UPON THE HIGHWAY
, AND THE RESTRICTION IN
SUBSECTION
(5)(a)(I)(B) OF THIS SECTION IS EFFECTIVE ON INTERSTATE 70
BETWEEN MILEPOST 133 (DOTSERO) AND MILEPOST 259 (MORRISON) FROM
SEPTEMBER 1 THROUGH MAY 31 OF EACH YEAR. IT IS UNLAWFUL TO
PROCEED WHEN A STATE HIGHWAY IS CLOSED OR TO PROCEED WHEN A
RESTRICTION IS IN EFFECT WITHOUT THE EQUIPMENT REQUIRED BY THIS
SUBSECTION
(5).
(G) O
N THE EFFECTIVE DATE OF THIS SUBSECTION , THE FREIGHT
MOBILITY AND SAFETY BRANCH CREATED IN SECTION
43-1-117 (4) SHALL
LAUNCH AN AWARENESS CAMPAIGN ON ANY LAWS ENACTED THAT MODIFY
SUBSECTION
(5)(a)(I)(C) OF THIS SECTION.
SECTION 2. In Colorado Revised Statutes, add 42-4-618 as
follows:
42-4-618. Glenwood Canyon - increase in penalties and
surcharges for speeding violations - definitions. (1) T
HE DEPARTMENT
MAY DETERMINE THAT THERE ARE SAFETY CONCERNS IN
GLENWOOD
CANYON ON INTERSTATE 70 EASTBOUND BETWEEN MILEPOST 116.0 AND
MILEPOST
131.0 AND WESTBOUND BETWEEN MILEPOST 118.5 AND MILEPOST
131.0 RELATED TO COMMERCIAL MOTOR VEHICLES EXCEEDING THE POSTED
SPEED LIMITS
.
PAGE 2-SENATE BILL 24-100 (2) THE DEPARTMENT SHALL ERECT , WHERE APPLICABLE, SIGNS
NOTIFYING DRIVERS OF EACH AREA OF THE STATE HIGHWAYS THAT THE
DEPARTMENT HAS DESIGNATED AS A HEIGHTENED SPEED LIMIT
ENFORCEMENT ZONE
.
(3) A
DRIVER OF A COMMERCIAL MOTOR VEHICLE WHO COMMITS A
SPEEDING VIOLATION IN A HEIGHTENED SPEED LIMIT ENFORCEMENT ZONE IS
SUBJECT TO THE INCREASED PENALTIES AND SURCHARGES IMPOSED UNDER
SECTION
42-4-1701 (4)(d.9); EXCEPT THAT THE INCREASED PENALTIES AND
SURCHARGES DO NOT APPLY WHEN THE DRIVER COMMITS THE VIOLATION
WITHIN A HIGHWAY MAINTENANCE
, REPAIR, OR CONSTRUCTION ZONE AND IS
ALREADY SUBJECT TO AN INCREASED PENALTY AND SURCHARGE FOR THE
VIOLATION PURSUANT TO SECTION
42-4-614.
(4) A
S USED IN THIS SECTION UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "C
OMMERCIAL MOTOR VEHICLE " HAS THE SAME MEANING AS SET
FORTH IN SECTION
42-2-402 (4).
(b) "D
EPARTMENT" MEANS THE DEPARTMENT OF TRANSPORTATION
CREATED IN SECTION
43-1-103.
(c) "H
EIGHTENED SPEED LIMIT ENFORCEMENT ZONE " MEANS AN
AREA OF A STATE HIGHWAY THAT
:
(I) B
EGINS AND ENDS AT A SIGN THAT:
(A) C
ONFORMS TO THE STATE TRAFFIC CONTROL MANUAL ;
(B) I
NDICATES THAT A DRIVER IS ABOUT TO ENTER OR IS AT THE END
OF A HEIGHTENED SPEED LIMIT ENFORCEMENT ZONE
; AND
(C) NOTIFIES COMMERCIAL MOTOR VEHICLE DRIVERS THAT
INCREASED PENALTIES AND SURCHARGES ARE IN EFFECT AND ASSESSED FOR
SPEEDING IN THE ZONE
; AND
(II) IS DESIGNATED AS A HEIGHTENED SPEED LIMIT ENFORCEMENT
ZONE BY THE DEPARTMENT OF TRANSPORTATION PURSUANT TO SUBSECTION
(2) OF THIS SECTION.
PAGE 3-SENATE BILL 24-100 SECTION 3. In Colorado Revised Statutes, add 42-4-1014 as
follows:
42-4-1014. No commercial vehicles in the left lane - penalty.
(1) A
DRIVER OF A COMMERCIAL VEHICLE MAY NOT ENTER THE FURTHEST
LEFT LANE WHEN DRIVING IN THE FOLLOWING AREAS UNLESS SPECIFICALLY
REQUIRED OR AUTHORIZED TO PASS BY LAW
:
(a) B
ETWEEN MILEPOST 115.5 AND MILEPOST 131.0 (GLENWOOD
CANYON
);
(b) B
ETWEEN MILEPOST 169.5 AND MILEPOST 173.0 (DOWD
JUNCTION
);
(c) B
ETWEEN MILEPOST 180.0 AND MILEPOST 190.5 (VAIL PASS);
(d) B
ETWEEN MILEPOST 205.5 AND 221.0 (EISENHOWER-JOHNSON
TUNNEL
);
(e) B
ETWEEN MILEPOST 224.0 AND MILEPOST 228.5 (GEORGETOWN
HILL
); AND
(f) BETWEEN MILEPOST 243.0 AND MILEPOST 247.0 (FLOYD HILL).
(2) A
NY PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION
COMMITS A CLASS
A TRAFFIC INFRACTION.
SECTION 4. In Colorado Revised Statutes, 42-4-1701, add (4)(d.9)
as follows:
42-4-1701. Traffic offenses and infractions classified - penalties
- penalty and surcharge schedule - repeal. (4) (d.9) (I) T
HE PENALTY AND
SURCHARGE IMPOSED FOR A VIOLATION UNDER SUBSECTION
(4)(a)(I)(L) OF
THIS SECTION IS DOUBLED IF THE VIOLATION IS COMMITTED BY A DRIVER OF
A COMMERCIAL MOTOR VEHICLE WITHIN AN AREA OF A STATE HIGHWAY
THAT THE DEPARTMENT OF TRANSPORTATION HAS DESIGNATED AS A
HEIGHTENED SPEED LIMIT ENFORCEMENT ZONE PURSUANT TO SECTION
42-4-618; EXCEPT THAT THE FINE IS NOT DOUBLED WHEN THE DRIVER OF A
COMMERCIAL MOTOR VEHICLE COMMITS THE VIOLATION WITHIN A HIGHWAY
MAINTENANCE
, REPAIR, OR CONSTRUCTION ZONE AND IS ALREADY SUBJECT
PAGE 4-SENATE BILL 24-100 TO AN INCREASED PENALTY AND SURCHARGE FOR THE VIOLATION PURSUANT
TO SECTION
42-4-614.
(II) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,
FOR EACH FINE COLLECTED PURSUANT TO SECTION 42-4-618 (4) AND
SUBSECTION
(4)(d.9)(I) OF THIS SECTION, THE STATE TREASURER SHALL
CREDIT ALL OF THE AMOUNT OF THE FINE TO THE MOUNTAIN HIGHWAYS
COMMERCIAL MOTOR VEHICLE SAFETY ACCOUNT
, CREATED IN SUBSECTION
(4)(d.7)(II) OF THIS SECTION.
SECTION 5. In Colorado Revised Statutes, 42-8-104, amend (2)
as follows:
42-8-104. Powers and duties - rules. (2) A port of entry officer,
during the time that the officer is actually engaged in performing the
officer's duties as such and while acting under proper orders or rules issued
by the chief of the Colorado state patrol, shall exercise all the powers
invested in peace officers in connection with directing traffic and in the
enforcement of the provisions of this article 8; articles 2, 3, and 20 of this
title 42; part 5 of article 4 of this title 42; and sections 42-4-106 (5),
42-4-209, 42-4-225 (1.5), 42-4-235, 42-4-1407, 42-4-1409, and 42-4-1414;
except that an officer does not have the power to serve civil writs and
process and, in the exercise of the officer's duties, an officer has the
authority to restrain and detain persons or vehicles and may impound any
vehicle until any tax or license fee imposed by law is paid or until
compliance is had with any tax or regulatory law or rule issued thereunder.
SECTION 6. In Colorado Revised Statutes, add 43-1-133 as
follows:
43-1-133. Additional chain-up and chain-down stations and
winter safety measures feasability report - report - repeal. (1) T
HE
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:
PAGE 5-SENATE BILL 24-100 (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) F
IND 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) E
XAMINE 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) T
HE 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) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.
SECTION 7. In Colorado Revised Statutes, 43-4-1506, amend (3)
as follows:
PAGE 6-SENATE BILL 24-100 43-4-1506. Fuels impact reduction grant program. (3) The
enterprise shall annually distribute up to five million dollars from the fund,
after making the transfers required by subsection (2) of this section and
after providing for the administrative expenses of the enterprise, to key
commercial freight corridors, to support state government projects related
to emergency responses
AND MEASURES TO PREVENT EMERGENCIES ,
INCLUDING BUT NOT LIMITED TO THE STUDY REQUIRED BY SECTION 43-1-133,
environmental mitigation, or the transportation of fuel within the state on
routes necessary for the transportation of hazardous materials.
SECTION 8. Appropriation. For the 2024-25 state fiscal year,
$31,684 is appropriated to the department of revenue. This appropriation is
from the Colorado DRIVES vehicle services account in the highway users
tax fund created in section 42-1-211(2), C.R.S. To implement this act, the
department may use this appropriation as follows:
(a) $23,808 for DRIVES maintenance and support;
(b) $1,728 for personal services related to driver services;
(c) $2,485 for personal services related to administration and
support; and
(d) $3,663 for payments to OIT.
SECTION 9. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 7-SENATE BILL 24-100 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-SENATE BILL 24-100