Colorado 2024 2024 Regular Session

Colorado Senate Bill SB100 Introduced / Bill

Filed 01/24/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-0154.03 Jessica Herrera x4218
SENATE BILL 24-100
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
C
ONCERNING COMMERCIAL VEHI CLE SAFETY MEASURES ON101
C
OLORADO HIGHWAYS .102
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law allows the department of transportation (department)
to issue closures or require certain equipment on interstate 70 (I-70) from
September 1 through May 31 each year between milepost 133 in Dotsero
and milepost 259 in Morrison.
Section 1 of the bill changes the geographic location where the
department has authority to require certain equipment to interstate 25
SENATE SPONSORSHIP
Roberts and Will, Rich
HOUSE SPONSORSHIP
Velasco and Taggart, Lukens, McCluskie, McLachlan, Soper, Story, Titone
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. (I-25) and any interstate, U.S. highway, and state highway west of I-25.
Section 2 allows the department to establish heightened speed
limit enforcement zones (zone) within public highways in Glenwood
Canyon on I-70 eastbound from milepost 116.0 to milepost 131.0 and
westbound from milepost 118.5 to milepost 131.0 where there are safety
concerns related to commercial motor vehicle drivers exceeding the
posted speed limits. If the department establishes a zone, the department
must erect signs identifying the zone and notifying commercial motor
vehicle drivers that increased fines are assessed for speeding in the zone. 
Section 3 makes it a traffic offense for any commercial vehicle to
be driving in the farthest left lane on I-70 between milepost 116 in
Glenwood Springs and milepost 259 in Morrison during all conditions on
that highway except to safely pass a vehicle driving under the posted
speed limit.
Section 4 subjects a commercial motor vehicle driver who
commits a speeding violation in a zone to double fines and surcharges.
Section 5 ensures that a port of entry officer has all the powers of
a peace officer when enforcing highway closures and the state's winter
traction device law.
Section 6 requires the freight mobility and safety branch of the
department to study the feasibility of funding additional locations of
chain-up stations utilizing the money from the increased penalties in
zones within public highways in Glenwood Canyon.
Section 7 allows the study on feasibility of new chain-up stations 
to also be funded by the fuels impact reduction grant program.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-4-106, amend2
(5)(a)(I)(C) as follows:3
42-4-106.  Who may restrict right to use highways - definitions4
- rules. (5) (a) (I) (C)  A closure or restriction under this subsection (5)5
is effective when signs, including temporary or electronic signs, that6
notify the public of the closure or restriction are erected upon the7
highway, and the restriction in subsection (5)(a)(I)(B) of this section is8
effective on interstate 70 between milepost 133 (Dotsero) and milepost
9
259 (Morrison) 25 AND ANY INTERSTATE HIGHWAY , U.S. HIGHWAY, AND10
STATE HIGHWAY WEST OF INTERSTATE 25 from September 1 through May11
SB24-100-2- 31 of each year DURING ANY CONDITIONS THAT EXIST ON THE HIGHWAY .1
It is unlawful to proceed when a state highway is closed or to proceed2
when a restriction is in effect without the equipment required by this3
subsection (5).4
SECTION 2. In Colorado Revised Statutes, add 42-4-618 as5
follows:6
42-4-618.  Glenwood Canyon - increase in penalties and7
surcharges for speeding violations - definitions. (1)  T
HE DEPARTMENT8
MAY DETERMINE THAT THERE ARE SAFETY CONCERNS IN GLENWOOD9
C
ANYON ON INTERSTATE 70 EASTBOUND BETWEEN MILEPOST 116.0 AND10
MILEPOST 131.0 AND WESTBOUND BETWEEN MILEPOST 118.5 AND11
MILEPOST 131.0 RELATED TO COMMERCIAL MOTOR VEHICLES EXCEEDING12
THE POSTED SPEED LIMITS.13
(2)  T
HE DEPARTMENT SHALL ERECT , WHERE APPLICABLE, SIGNS14
NOTIFYING DRIVERS OF EACH AREA OF THE STATE HIGHWAYS THAT THE15
DEPARTMENT HAS DESIGNATED AS A HEIGHTENED SPEED LIMIT16
ENFORCEMENT ZONE.17
(3)  A
 DRIVER OF A COMMERCIAL MOTOR VEHICLE WHO COMMITS18
A SPEEDING VIOLATION IN A HEIGHTENED SPEED LIMIT ENFORCEMENT19
ZONE IS SUBJECT TO THE INCREASED PENALTIES AND SURCHARGES20
IMPOSED UNDER SECTION 42-4-1701 (4)(d.9).21
(4)  A
S USED IN THIS SECTION UNLESS THE CONTEXT OTHERWISE22
REQUIRES:23
(a)  "C
OMMERCIAL MOTOR VEHICLE " HAS THE SAME MEANING AS24
SET FORTH IN SECTION 42-2-402 (4).25
(b)  "D
EPARTMENT" MEANS THE DEPARTMENT OF TRANSPORTATION26
CREATED IN SECTION 43-1-103. 27
SB24-100
-3- (c)  "HEIGHTENED SPEED LIMIT ENFORCEMENT ZONE " MEANS AN1
AREA OF A STATE HIGHWAY THAT :2
(I)  B
EGINS AND ENDS AT A SIGN THAT:3
(A)  C
ONFORMS TO THE STATE TRAFFIC CONTROL MANUAL ;4
(B)  I
NDICATES THAT A DRIVER IS ABOUT TO ENTER OR IS AT THE5
END OF A HEIGHTENED SPEED LIMIT ENFORCEMENT ZONE ; AND6
(C)  N
OTIFIES COMMERCIAL MOTOR VEHICLE DRIVERS THAT7
INCREASED PENALTIES AND SURCHARGES ARE IN EFFECT AND ASSESSED8
FOR SPEEDING IN THE ZONE; AND9
(II)  I
S DESIGNATED AS A HEIGHTENED SPEED LIMIT ENFORCEMENT10
ZONE BY THE DEPARTMENT OF TRANSPORTATION PURSUANT TO11
SUBSECTION (2) OF THIS SECTION.12
SECTION 3. In Colorado Revised Statutes, 42-4-1013, add (1.5)13
as follows:14
42-4-1013.  Passing lane - penalty - definitions. (1.5)  I
T IS15
UNLAWFUL FOR A COMMERCIAL VEHICLE TO ENTER THE FARTHEST LEFT16
LANE IF THERE ARE TWO OR MORE ADJACENT LANES OF TRAFFIC MOVING17
IN THE SAME DIRECTION ON INTERSTATE 70 BETWEEN MILEPOST 11618
(G
LENWOOD SPRINGS) AND MILEPOST 259 (MORRISON) DURING ALL19
CONDITIONS ON THAT HIGHWAY EXCEPT TO SAFELY PASS A VEHICLE20
TRAVELING BELOW THE POSTED SPEED LIMIT IF THE OVERTAKING IS21
PERFORMED IN ACCORDANCE WITH SECTION 42-4-1005.22
SECTION 4. In Colorado Revised Statutes, 42-4-1701, add23
(4)(d.9) as follows:24
42-4-1701.  Traffic offenses and infractions classified -25
penalties - penalty and surcharge schedule - repeal. (4) (d.9) (I)  T
HE26
PENALTY AND SURCHARGE IMPOSED FOR A VIOLATION UNDER SUBSECTION27
SB24-100
-4- (4)(a)(I)(L) OF THIS SECTION IS DOUBLED IF THE VIOLATION IS COMMITTED1
BY A DRIVER OF A COMMERCIAL MOTOR VEHICLE WITHIN AN AREA OF A2
STATE HIGHWAY THAT THE DEPARTMENT OF TRANSPORTATION HAS3
DESIGNATED AS A HEIGHTENED SPEED LIMIT ENFORCEMENT ZONE4
PURSUANT TO SECTION 42-4-618.5
(II)  N
OTWITHSTANDING ANY PROVISION OF LAW TO THE6
CONTRARY, FOR EACH FINE COLLECTED PURSUANT TO SECTION 42-4-6187
(4)
 AND SUBSECTION (4)(d.9)(I) OF THIS SECTION, THE STATE TREASURER8
SHALL CREDIT ONE-HALF OF THE AMOUNT OF THE FINE TO THE MOUNTAIN9
HIGHWAYS COMMERCIAL MOTOR VEHICLE SAFETY ACCOUNT , CREATED IN10
SUBSECTION (4)(d.7)(II) OF THIS SECTION. ALL MONEY CREDITED TO THE11
ACCOUNT PURSUANT TO THIS SUBSECTION (4)(d.9) IS CONTINUOUSLY12
APPROPRIATED TO THE FREIGHT MOBILITY AND SAFETY BRANCH CREATED13
WITHIN THE TRANSPORTATION DEVELOPMENT DIVISION OF THE14
DEPARTMENT OF TRANSPORTATION PURSUANT TO SECTION 43-1-117 (4) TO15
PAY COSTS ASSOCIATED WITH THE STUDY IN SECTION 43-1-132.16
SECTION 5. In Colorado Revised Statutes, 42-8-104, amend (2)17
as follows:18
42-8-104.  Powers and duties - rules. (2)  A port of entry officer,19
during the time that the officer is actually engaged in performing the20
officer's duties as such and while acting under proper orders or rules21
issued by the chief of the Colorado state patrol, shall exercise all the22
powers invested in peace officers in connection with directing traffic and23
in the enforcement of the provisions of this article 8; articles 2, 3, and 2024
of this title 42; part 5 of article 4 of this title 42; and sections 42-4-10625
(5), 42-4-209, 42-4-225 (1.5), 42-4-235, 42-4-1407, 42-4-1409, and26
42-4-1414; except that an officer does not have the power to serve civil27
SB24-100
-5- writs and process and, in the exercise of the officer's duties, an officer has1
the authority to restrain and detain persons or vehicles and may impound2
any vehicle until any tax or license fee imposed by law is paid or until3
compliance is had with any tax or regulatory law or rule issued4
thereunder.5
SECTION 6. In Colorado Revised Statutes, add 43-1-132 as6
follows:7
43-1-132.  Additional chain-up stations feasability report -8
report - repeal. (1)  T
HE DEPARTMENT SHALL TASK THE FREIGHT9
MOBILITY AND SAFETY BRANCH CREATED IN SECTION 43-1-117 (4) TO10
STUDY LOCATIONS FOR NEW CHAIN-UP STATIONS ON ALL STATE HIGHWAYS11
WHERE THE DEPARTMENT DETERMINES THAT CHAIN -UP STATIONS ARE12
NECESSARY OR BENEFICIAL. THE STUDY MUST, AT A MINIMUM:13
(a)  I
DENTIFY THE CURRENT BARRIERS TO BUILDING NEW CHAIN -UP14
STATIONS;15
(b)  F
IND CREATIVE SOLUTIONS TO ADDRESS ANY IDENTIFIED16
BARRIERS; AND17
(c)  I
DENTIFY ANY MODIFICATIONS OR ADDITIONS THAT EXISTING18
STATE TRANSPORTATION INFRASTRUCTURE MAY NEED TO ENABLE THE19
ADDITION OF NEW CHAIN-UP STATIONS, THE TIMELINE FOR MAKING SUCH20
MODIFICATIONS OR ADDITIONS, AND THE ANTICIPATED COST OF MAKING21
SUCH MODIFICATIONS OR ADDITIONS .22
(2)  T
HE DEPARTMENT SHALL PRESENT THE REPORT TO THE23
TRANSPORTATION LEGISLATION REVIEW COMMITTEE CREATED IN SECTION24
43-2-145 (1)(a) 
DURING THE 2025 LEGISLATIVE INTERIM.25
(3)  T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.26
SECTION 7. In Colorado Revised Statutes, 43-4-1506, amend27
SB24-100
-6- (3) as follows:1
43-4-1506.  Fuels impact reduction grant program. (3)  The2
enterprise shall annually distribute up to five million dollars from the3
fund, after making the transfers required by subsection (2) of this section4
and after providing for the administrative expenses of the enterprise, to5
key commercial freight corridors, to support state government projects6
related to emergency responses 
AND MEASURES TO PREVENT7
EMERGENCIES, INCLUDING BUT NOT LIMITED TO THE STUDY REQUIRED BY8
SECTION 43-1-132, environmental mitigation, or the transportation of fuel9
within the state on routes necessary for the transportation of hazardous10
materials.11
SECTION 8. Act subject to petition - effective date. This act12
takes effect at 12:01 a.m. on the day following the expiration of the13
ninety-day period after final adjournment of the general assembly; except14
that, if a referendum petition is filed pursuant to section 1 (3) of article V15
of the state constitution against this act or an item, section, or part of this16
act within such period, then the act, item, section, or part will not take17
effect unless approved by the people at the general election to be held in18
November 2024 and, in such case, will take effect on the date of the19
official declaration of the vote thereon by the governor.20
SB24-100
-7-