Colorado 2024 2024 Regular Session

Colorado Senate Bill SB100 Amended / Bill

Filed 04/30/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0154.03 Jessica Herrera x4218
SENATE BILL 24-100
Senate Committees House Committees
Transportation & Energy Transportation, Housing & Local Government
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING COMMERCIAL VEHI CLE SAFETY MEASURES ON101
C
OLORADO HIGHWAYS , AND, IN CONNECTION THEREWITH ,
102
MAKING AN APPROPRIATION .103
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
HOUSE
Amended 2nd Reading
April 29, 2024
SENATE
3rd Reading Unamended
March 22, 2024
SENATE
Amended 2nd Reading
March 21, 2024
SENATE SPONSORSHIP
Roberts and Will, Rich, Fenberg, Ginal, Hansen, Jaquez Lewis, Marchman, Priola
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. department has authority to require certain equipment to interstate 25
(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); and add (5)(a)(I)(C.5) and (5)(a)(I)(G)
 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 
ANY PORTION OF THE FOLLOWING CORRIDORS LOCATED ON
9
THE WESTERN SLOPE FROM SEPTEMBER 1 THROUGH MAY 31 OF EACH YEAR10
100-2- DURING ANY CONDITIONS THAT EXIST ON THE HIGHWAY FOR ANY1
COMMERCIAL VEHICLE WITH A DECLARED GROSS VEHICLE WEIGHT RATING2
OF SIXTEEN THOUSAND ONE POUNDS OR MORE : Interstate 70 between3
milepost 133 (Dotsero) and WEST OF milepost 259 (Morrison), from4
September 1 through May 31 of each year COLORADO STATE HIGHWAY 95
FROM MILEPOST 63 TO MILEPOST 97 (FRISCO TO FAIRPLAY), U.S. ROUTE 406
WEST OF MILEPOST 256 (EMPIRE), U.S. ROUTE 50 WEST OF MILEPOST 2257
(S
ALIDA), U.S. ROUTE 160 WEST OF MILEPOST 304 (WALSENBURG), U.S.
8
ROUTE 285 WEST OF MILEPOST 250 (MORRISON), AND ALL OF U.S. ROUTE9
550
 FROM MILEPOST 0 TO 130.
       It is unlawful to proceed when a state10
highway is closed or to proceed when a restriction is in effect without the11
equipment required by this subsection (5).12
(C.5)  A
 CLOSURE OR RESTRICTION UNDER THIS SUBSECTION (5) IS
13
EFFECTIVE ON ANY MOTOR VEHICLE WHEN SIGNS , INCLUDING TEMPORARY14
OR ELECTRONIC SIGNS, THAT NOTIFY THE PUBLIC OF THE CLOSURE OR15
RESTRICTION ARE ERECTED UPON THE HIGHWAY , AND THE RESTRICTION IN16
SUBSECTION (5)(a)(I)(B) OF THIS SECTION IS EFFECTIVE ON INTERSTATE 7017
BETWEEN MILEPOST 133 (DOTSERO) AND MILEPOST 259 (MORRISON) FROM18
S
EPTEMBER 1 THROUGH MAY 31 OF EACH YEAR. IT IS UNLAWFUL TO
19
PROCEED WHEN A STATE HIGHWAY IS CLOSED OR TO PROCEED WHEN A20
RESTRICTION IS IN EFFECT WITHOUT THE EQUIPMENT REQUIRED BY THIS21
SUBSECTION (5).22
(G)  O
N THE EFFECTIVE DATE OF THIS SUBSECTION , THE FREIGHT
23
MOBILITY AND SAFETY BRANCH CREATED IN SECTION 43-1-117 (4) SHALL24
LAUNCH AN AWARENESS CAMPAIGN ON ANY LAWS ENACTED THAT MODIFY25
SUBSECTION (5)(a)(I)(C) OF THIS SECTION.26
SECTION 2. In Colorado Revised Statutes, add 42-4-618 as27
100
-3- follows:1
42-4-618.  Glenwood Canyon - increase in penalties and2
surcharges for speeding violations - definitions. (1)  T
HE DEPARTMENT3
MAY DETERMINE THAT THERE ARE SAFETY CONCERNS IN GLENWOOD4
C
ANYON ON INTERSTATE 70 EASTBOUND BETWEEN MILEPOST 116.0 AND5
MILEPOST 131.0 AND WESTBOUND BETWEEN MILEPOST 118.5 AND6
MILEPOST 131.0 RELATED TO COMMERCIAL MOTOR VEHICLES EXCEEDING7
THE POSTED SPEED LIMITS.8
(2)  T
HE DEPARTMENT SHALL ERECT , WHERE APPLICABLE, SIGNS9
NOTIFYING DRIVERS OF EACH AREA OF THE STATE HIGHWAYS THAT THE10
DEPARTMENT HAS DESIGNATED AS A HEIGHTENED SPEED LIMIT11
ENFORCEMENT ZONE.12
(3)  A
 DRIVER OF A COMMERCIAL MOTOR VEHICLE WHO COMMITS13
A SPEEDING VIOLATION IN A HEIGHTENED SPEED LIMIT ENFORCEMENT14
ZONE IS SUBJECT TO THE INCREASED PENALTIES AND SURCHARGES15
IMPOSED UNDER SECTION 42-4-1701 (4)(d.9); EXCEPT THAT THE
16
INCREASED PENALTIES AND SURCHARGES DO NOT APPLY WHEN THE DRIVER17
COMMITS THE VIOLATION WITHIN A HIGHWAY MAINTENANCE , REPAIR, OR18
CONSTRUCTION ZONE AND IS ALREADY SUBJECT TO AN INCREASED19
PENALTY AND SURCHARGE FOR THE VIOLATION PURSUANT TO SECTION20
42-4-614.21
(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
100
-4- (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, add 42-4-1014 as
13
follows:14
42-4-1014.  No commercial vehicles in the left lane - penalty.15
(1)  A
 DRIVER OF A COMMERCIAL VEHICLE MAY NOT ENTER THE FURTHEST
16
LEFT LANE WHEN DRIVING IN THE FOLLOWING AREAS UNLESS SPECIFICALLY17
REQUIRED OR AUTHORIZED TO PASS BY LAW :18
(a)  B
ETWEEN MILEPOST 115.5 AND MILEPOST 131.0 (GLENWOOD
19
CANYON);20
(b)  B
ETWEEN MILEPOST 169.5 AND MILEPOST 173.0 (DOWD
21
JUNCTION);22
(c)  B
ETWEEN MILEPOST 180.0 AND MILEPOST 190.5 (VAIL PASS);
23
(d)  B
ETWEEN MILEPOST 205.5 AND 221.0 (EISENHOWER-JOHNSON
24
TUNNEL);25
(e)  B
ETWEEN MILEPOST 224.0 AND MILEPOST 228.5 (GEORGETOWN
26
HILL); AND27
100
-5- (f)  BETWEEN MILEPOST 243.0 AND MILEPOST 247.0 (FLOYD HILL).1
(2)  A
NY PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION
2
COMMITS A CLASS A TRAFFIC INFRACTION.3
SECTION 4. In Colorado Revised Statutes, 42-4-1701, add4
(4)(d.9) as follows:5
42-4-1701.  Traffic offenses and infractions classified -6
penalties - penalty and surcharge schedule - repeal. (4) (d.9) (I)  T
HE7
PENALTY AND SURCHARGE IMPOSED FOR A VIOLATION UNDER SUBSECTION8
(4)(a)(I)(L) 
OF THIS SECTION IS DOUBLED IF THE VIOLATION IS COMMITTED9
BY A DRIVER OF A COMMERCIAL MOTOR VEHICLE WITHIN AN AREA OF A10
STATE HIGHWAY THAT THE DEPARTMENT OF TRANSPORTATION HAS11
DESIGNATED AS A HEIGHTENED SPEED LIMIT ENFORCEMENT ZONE12
PURSUANT TO SECTION 42-4-618; EXCEPT THAT THE FINE IS NOT DOUBLED
13
WHEN THE DRIVER OF A COMMERCIAL MOTOR VEHICLE COMMITS THE14
VIOLATION WITHIN A HIGHWAY MAINTENANCE , REPAIR, OR CONSTRUCTION15
ZONE AND IS ALREADY SUBJECT TO AN INCREASED PENALTY AND16
SURCHARGE FOR THE VIOLATION PURSUANT TO SECTION 42-4-614.17
(II)  N
OTWITHSTANDING ANY PROVISION OF LAW TO THE18
CONTRARY, FOR EACH FINE COLLECTED PURSUANT TO SECTION 42-4-61819
(4)
 AND SUBSECTION (4)(d.9)(I) OF THIS SECTION, THE STATE TREASURER20
SHALL CREDIT ALL
 OF THE AMOUNT OF THE FINE TO THE MOUNTAIN21
HIGHWAYS COMMERCIAL MOTOR VEHICLE SAFETY ACCOUNT , CREATED IN22
SUBSECTION (4)(d.7)(II) OF THIS SECTION.          23
SECTION 5. In Colorado Revised Statutes, 42-8-104, amend (2)24
as follows:25
42-8-104.  Powers and duties - rules. (2)  A port of entry officer,26
during the time that the officer is actually engaged in performing the27
100
-6- officer's duties as such and while acting under proper orders or rules1
issued by the chief of the Colorado state patrol, shall exercise all the2
powers invested in peace officers in connection with directing traffic and3
in the enforcement of the provisions of this article 8; articles 2, 3, and 204
of this title 42; part 5 of article 4 of this title 42; and sections 42-4-1065
(5), 42-4-209, 42-4-225 (1.5), 42-4-235, 42-4-1407, 42-4-1409, and6
42-4-1414; except that an officer does not have the power to serve civil7
writs and process and, in the exercise of the officer's duties, an officer has8
the authority to restrain and detain persons or vehicles and may impound9
any vehicle until any tax or license fee imposed by law is paid or until10
compliance is had with any tax or regulatory law or rule issued11
thereunder.12
SECTION 6. In Colorado Revised Statutes, add 43-1-132 as13
follows:14
43-1-132.  Additional chain-up and chain-down stations and15
winter safety measures feasability report - report - repeal. (1)  T	HE16
DEPARTMENT SHALL TASK THE FREIGHT MOBILITY AND SAFETY BRANCH17
CREATED IN SECTION 43-1-117 (4) TO STUDY LOCATIONS FOR NEW18
CHAIN-UP AND CHAIN-DOWN STATIONS ON ALL STATE HIGHWAYS WHERE19
THE DEPARTMENT DETERMINES THAT CHAIN -UP AND CHAIN-DOWN20
STATIONS ARE NECESSARY OR BENEFICIAL , AND TO STUDY WHAT21
APPROPRIATE TECHNOLOGY COULD BE ADDED TO EXISTING CHAIN -UP AND22
CHAIN-DOWN STATIONS. THE STUDY MUST, AT A MINIMUM:23
(a)  I
DENTIFY THE CURRENT BARRIERS TO BUILDING NEW CHAIN -UP24
AND CHAIN-DOWN
 STATIONS, INCLUDING CONSULTING WITH25
MUNICIPALITIES TO IDENTIFY BARRIERS RELATED TO THE CONSTRUCTION26
OF NEW CHAIN STATIONS WITHIN MUNICIPAL BOUNDARIES ;27
100
-7- (b)  FIND CREATIVE SOLUTIONS TO ADDRESS ANY IDENTIFIED1
BARRIERS;     2
(c)  I
DENTIFY APPROPRIATE TECHNOLOGY THAT COULD BE ADDED
3
TO EXISTING CHAIN UP AND CHAIN-DOWN STATIONS TO IMPROVE SAFETY4
AND MOBILITY;5
(d)  E
XAMINE THE ECONOMIC AND SAFETY IMPACTS OF
6
COMMERCIAL MOTOR VEHICLE AND OTHER ROADWAY INCIDENTS AND7
CLOSURES DURING INCLEMENT WEATHER EVENTS , INCLUDING EVALUATING8
THE POTENTIAL BENEFITS OF CLOSURES TO COMMERCIAL MOTOR VEHICLES9
FOR LIMITED PERIODS OF TIME DURING SNOWSTORMS AND WORKING WITH10
VARIOUS STAKEHOLDERS ON STRATEGIES AND OPTIONS FOR KEEPING11
ROADWAYS OPEN; AND12
(e)  E
XAMINE COMMERCIAL MOTOR VEHICLE PARKING LOCATIONS
13
ON INTERSTATE 70 IN COLORADO.14
(f) IDENTIFY ANY MODIFICATIONS OR ADDITIONS THAT EXISTING15
STATE TRANSPORTATION INFRASTRUCTURE MAY NEED TO ENABLE THE16
ADDITION OF NEW CHAIN-UP AND CHAIN-DOWN STATIONS, THE TIMELINE17
FOR MAKING SUCH MODIFICATIONS OR ADDITIONS , AND THE ANTICIPATED18
COST OF MAKING SUCH MODIFICATIONS OR ADDITIONS .19
(2)  T
HE DEPARTMENT SHALL PRESENT THE REPORT TO THE20
TRANSPORTATION LEGISLATION REVIEW COMMITTEE CREATED IN SECTION21
43-2-145 (1)(a), 
TO THE TRANSPORTATION COMMISSION CREATED IN
22
SECTION 43-1-106, AND TO EACH MEMBER OF THE GENERAL ASSEMBLY23
WHOSE SENATORIAL OR REPRESENTATIVE DISTRICT IS LOCATED WHOLLY24
OR PARTLY WITHIN THE WESTERN SLOPE . DURING THE 2025 LEGISLATIVE25
INTERIM.26
(3)  T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.27
100
-8- SECTION 7. In Colorado Revised Statutes, 43-4-1506, amend1
(3) as follows:2
43-4-1506.  Fuels impact reduction grant program. (3)  The3
enterprise shall annually distribute up to five million dollars from the4
fund, after making the transfers required by subsection (2) of this section5
and after providing for the administrative expenses of the enterprise, to6
key commercial freight corridors, to support state government projects7
related to emergency responses 
AND MEASURES TO PREVENT8
EMERGENCIES, INCLUDING BUT NOT LIMITED TO THE STUDY REQUIRED BY9
SECTION 43-1-132, environmental mitigation, or the transportation of fuel10
within the state on routes necessary for the transportation of hazardous11
materials.12
SECTION 8. Appropriation. For the 2024-25 state fiscal year,
13
$31,684 is appropriated to the department of revenue. This appropriation14
is from the Colorado DRIVES vehicle services account in the highway15
users tax fund created in section 42-1-211(2), C.R.S. To implement this16
act, the  department may use this appropriation as follows:17
(a)  $23,808 for DRIVES maintenance and support;18
(b)  $1,728 for personal services related to driver services;19
(c)  $2,485 for personal services related to administration and20
support; and21
(d)  $3,663 for payments to OIT.22
SECTION 9. Act subject to petition - effective date. This act23
takes effect at 12:01 a.m. on the day following the expiration of the24
ninety-day period after final adjournment of the general assembly; except25
that, if a referendum petition is filed pursuant to section 1 (3) of article V26
of the state constitution against this act or an item, section, or part of this27
100
-9- act within such period, then the act, item, section, or part will not take1
effect unless approved by the people at the general election to be held in2
November 2024 and, in such case, will take effect on the date of the3
official declaration of the vote thereon by the governor.4
100
-10-