Colorado 2024 2024 Regular Session

Colorado Senate Bill SB195 Engrossed / Bill

Filed 04/23/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-1133.01 Jason Gelender x4330
SENATE BILL 24-195
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
C
ONCERNING PROTECTION OF VULNERABLE ROAD USERS .101
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
.)
Section 1 of the bill amends the statute that governs the use of
automated vehicle identification systems (AVIS) on roadways other than
toll highways operated by a public highway authority or the
high-performance transportation enterprise in the department of
transportation (CDOT) to:
! Clarify that CDOT and the Colorado state patrol (CSP)
have authority to use AVIS to detect traffic violations on
any portion of a highway that is part of the state highway
SENATE
3rd Reading Unamended
April 23, 2024
SENATE
Amended 2nd Reading
April 22, 2024
SENATE SPONSORSHIP
Winter F. and Cutter, Kolker, Michaelson Jenet, Priola
HOUSE SPONSORSHIP
Lindsay and Lindstedt,
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. system (state highway), which generally includes federal
interstate highways, U.S. highways, highways that are not
part of any federal system but are declared by the
transportation commission to be part of the state highway
system, and other federal-aid highways;
! Clarify that the state has final authority to authorize the use
of AVIS by a local government on a state highway; and
! Authorize CDOT, in consultation with the CSP, to
promulgate rules, including rules governing the process by
which use of AVIS is approved or disapproved, rules
governing the AVIS enforcement process, and rules setting
the amount of civil penalties, including increased civil
penalties for traffic violations detected by AVIS that occur
in work zones or school zones, for traffic violation detected
by AVIS used by the state.
Section 1 also:
! Requires a local government to coordinate with CDOT and
the Colorado state patrol both before designating an AVIS
corridor on a state highway and before actually using AVIS
on a state highway rather than only before actually using
AVIS; and
! Requires civil penalties collected by the state for traffic
violations detected by AVIS, net of court and operations
costs, to be credited to the state highway fund and used
only to fund road safety projects that protect vulnerable
road users.
Section 2 requires CDOT to establish and include in its statutorily
required performance plan declining annual targets for vulnerable road
user fatalities and, as part of the targets, also establish engineering
methodology and internal education requirements for practices to
prioritize safety over speed on high-injury networks.
For state fiscal year 2025-26 and each succeeding state fiscal year,
section 3 requires CDOT, after accounting for eligible critical
safety-related asset management surface transportation infrastructure
projects and as determined by the transportation commission, to expend
a specified minimum amount of the money credited to the state highway
fund from the road safety surcharge and certain other fees, fines, and
surcharges that are imposed on motor vehicle registrations and dedicated
for certain types of road safety projects that protect vulnerable road users. 
To guide CDOT in implementing sections 2 and 3, section 4
amends an existing definition of "road safety project" to include certain
types of projects that protect vulnerable road users and defines the term
"vulnerable road user".
195-2- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-4-110.5, amend2
(2) introductory portion, (2)(g)(I), (2)(g)(IV), (4)(b)(III), and (4.5); repeal3
(1.7), and (6); and add (1.1), (2)(g)(I.3), (2)(g)(I.4), (2)(g)(I.5),4
(2)(g)(I.6), (2)(g)(I.7), (2.5), and (8) as follows:5
42-4-110.5.  Automated vehicle identification systems -6
exceptions to liability - penalty - limits on use of photographs and7
video - rules - legislative declaration - definitions. (1.1)  A
S USED IN8
THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :9
(a) (I)  "A
UTOMATED VEHICLE IDENTIFICATION SYSTEM " MEANS A10
SYSTEM WHEREBY:11
(A)  A
 MACHINE IS USED TO AUTOMATICALLY DETECT A VIOLATION12
OF A TRAFFIC REGULATION AND SIMULTANEOUSLY RECORD A PHOTOGRAPH13
OF THE VEHICLE
 AND THE LICENSE PLATE OF THE VEHICLE; AND14
(B)  A
 NOTICE OF VIOLATION OR CIVIL PENALTY ASSESSMENT15
NOTICE MAY BE ISSUED TO THE REGISTERED OWNER OF THE MOTOR16
VEHICLE.17
(II)  "A
UTOMATED VEHICLE IDENTIFICATION SYSTEM " INCLUDES A18
SYSTEM USED TO DETECT A VIOLATION OF PART 11 OF THIS ARTICLE 4 OR19
A LOCAL SPEED ORDINANCE, A SYSTEM USED TO DETECT VIOLATIONS OF20
TRAFFIC RESTRICTIONS IMPOSED BY TRAFFIC SIGNALS OR TRAFFIC SIGNS ,21
AND A SYSTEM USED TO DETECT VIOLATIONS OF BUS LANE OR BICYCLE22
LANE RESTRICTIONS.23
(b)  "S
TATE", NOTWITHSTANDING SECTION 42-1-102 (95), MEANS24
THE STATE OF COLORADO ACTING THROUGH THE DEPARTMENT OF PUBLIC25
SAFETY OR THE DEPARTMENT OF TRANSPORTATION .26
(c)  "S
TATE HIGHWAY" MEANS ANY HIGHWAY THAT IS OWNED BY
27
195
-3- OR MAINTAINED BY THE STATE. "STATE HIGHWAY" DOES NOT INCLUDE A1
PUBLIC HIGHWAY OPERATED BY A PUBLIC HIGHWAY AUTHORITY IN2
ACCORDANCE WITH THE "PUBLIC HIGHWAY AUTHORITY LAW", PART 5 OF3
ARTICLE 4 OF TITLE 43.4
(1.7) (a) (I)  Upon request from the department of transportation,5
the department of public safety shall utilize an automated vehicle6
identification system to detect speeding violations under part 11 of this7
article 4 within a highway maintenance, repair, or construction zone8
designated pursuant to section 42-4-614 (1)(a), if the department of public9
safety complies with subsections (2) to (6) of this section. An automated10
vehicle identification system shall not be used under this subsection (1.7)11
unless maintenance, repair, or construction is occurring at the time the12
system is being used.13
(II)  The department of public safety may contract with a vendor14
to implement this subsection (1.7), including to:15
(A)  Notify violators;16
(B)  Collect and remit the penalties and surcharges to the state17
treasury less the vendor's expenses;18
(C)  Reconcile payments against outstanding violations;19
(D)  Implement collection efforts; and20
(E)  Notify the department of public safety of unpaid violations for21
possible referral to the judicial system.22
(III)  If the department of public safety contracts with a vendor, the23
contract must incorporate the processing elements specified by the24
department of public safety.25
(IV)  No notice of violation or civil penalty assessment or a penalty26
or surcharge for a violation detected by an automated vehicle27
195
-4- identification system under this subsection (1.7) shall be forwarded to the1
department for processing.2
(b)  The department of transportation shall reimburse the3
department of public safety for the direct and indirect costs of complying4
with this subsection (1.7).5
(2)  A county, 
CITY AND COUNTY ,
 or municipality may adopt an6
ordinance authorizing the use of an automated vehicle identification7
system to detect violations of traffic regulations adopted by the county,8
CITY AND COUNTY, or municipality, or the state, a county, a city and9
county, or a municipality may utilize an automated vehicle identification10
system to detect traffic violations under state law, subject to the following11
conditions and limitations 
AND, AS APPLICABLE, THE REQUIREMENTS FOR12
STATE HIGHWAYS SET FORTH IN AND ANY RULES ADOPTED BY THE13
DEPARTMENT OF TRANSPORTATION PURSUANT TO SUBSECTION (2.5) OF14
THIS SECTION:15
(g) (I)  The state, a county, a city and county, or a municipality16
shall not issue a notice of violation or civil penalty assessment notice for17
a violation detected using an automated vehicle identification system18
unless the violation occurred within a school zone, as defined in section19
42-4-615; within a residential neighborhood; within a maintenance,20
construction, or repair zone designated pursuant to section 42-4-614;21
along a street that borders a municipal park; or along a street or portion22
of a street that a county, 
CITY AND COUNTY,
 or municipality, by ordinance23
or by a resolution of its governing body, designates as an automated24
vehicle identification corridor, on which designated corridor the county,25
CITY AND COUNTY, or municipality may locate an automated vehicle26
identification system to detect violations of a county, 
CITY AND COUNTY,
27
195
-5- or municipal traffic regulation or a traffic violation under state law.1
Before a county or municipality begins operation of an automated vehicle2
identification system in an automated vehicle identification corridor, the3
county or municipality must:4
(A)  Post a permanent sign in a conspicuous place not fewer than5
three hundred feet before the beginning of the corridor and a permanent6
sign not fewer than three hundred feet before each camera within the7
corridor thereafter or a temporary sign not fewer than three hundred feet8
before any mobile camera;9
(B)  Illustrate, through data collected within the past five years,10
incidents of crashes, speeding, reckless driving, or community complaints11
on a street designated as an automated vehicle identification corridor; and12
(C)  Coordinate between the local jurisdiction, the department of13
transportation, and the Colorado state patrol.14
(I.3)  B
EFORE A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY
15
DESIGNATES AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A16
STATE HIGHWAY, THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY17
SHALL NOTIFY THE DEPARTMENT OF TRANSPORTATION . IF A COUNTY, CITY18
AND COUNTY, OR MUNICIPALITY DESIGNATES AN AUTOMATED VEHICLE19
IDENTIFICATION CORRIDOR ON A STATE HIGHWAY BY ORDINANCE OR20
RESOLUTION BEFORE JANUARY 1, 2025, IT MAY PROCEED WITHOUT HAVING21
PROVIDED THIS NOTIFICATION TO THE DEPARTMENT OF TRANSPORTATION .22
(I.4)  A
FTER A COUNTY, CITY AND COUNTY , OR A MUNICIPALITY
23
DESIGNATES AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A24
STATE HIGHWAY, THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY25
SHALLCOORDINATE WITH THE DEPARTMENT OF TRANSPORTATION	.26
C
OORDINATION MUST INCLUDE DEMONSTRATING THAT THE
27
195
-6- REQUIREMENTS SET FORTH IN SUBSECTION (2)(g)(I.7)(B) OF THIS SECTION1
HAVE BEEN MET AND, IF NEEDED, APPLYING FOR A SPECIAL USE PERMIT TO2
INSTALL ANY DEVICES OR SIGNAGE ON DEPARTMENT OF TRANSPORTATION3
RIGHT-OF-WAY IF THE SEGMENT OF HIGHWAY IN QUESTION IS MAINTAINED4
BY THE STATE. A COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL5
ALERT THE DEPARTMENT OF TRANSPORTATION WHEN THE AUTOMATED6
VEHICLE IDENTIFICATION CORRIDOR BEGINS OPERATIONS OR7
PERMANENTLY CEASES OPERATIONS ON A STATE HIGHWAY . THE8
DEPARTMENT OF TRANSPORTATION SHALL NOTIFY THE COLORADO STATE9
PATROL WHEN A COUNTY , CITY AND COUNTY , OR MUNICIPALITY10
COORDINATES WITH THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH11
AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A STATE12
HIGHWAY.13
(I.5)  B
EFORE A COUNTY, CITY AND COUNTY, OR MUNICIPALITY
14
BEGINS THE OPERATION OF AN AUTOMATED VEHICLE IDENTIFICATION15
SYSTEM IN AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A16
COUNTY ROAD, THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL17
NOTIFY THE COLORADO STATE PATROL.18
(I.6)  B
EFORE THE STATE DESIGNATES AN AUTOMATED VEHICLE
19
IDENTIFICATION CORRIDOR ON A STATE HIGHWAY LOCATED WITHIN THE20
BOUNDARIES OF A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY, AND21
BEFORE THE STATE BEGINS OPERATION OF AN AUTOMATED VEHICLE22
IDENTIFICATION CORRIDOR ON A STATE HIGHWAY , THE STATE SHALL23
COORDINATE WITH THE RESPECTIVE COUNTY , CITY AND COUNTY, OR24
MUNICIPALITY.25
(I.7)  B
EFORE THE STATE, A COUNTY, CITY AND COUNTY, OR
26
MUNICIPALITY BEGINS OPERATION OF AN AUTOMATED VEHICLE27
195
-7- IDENTIFICATION SYSTEM IN AN AUTOMATED VEHICLE IDENTIFICATION1
CORRIDOR, THE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY2
MUST:3
(A)  P
OST A PERMANENT SIGN IN A CONSPICUOUS PLACE NOT FEWER
4
THAN THREE HUNDRED FEET BEFORE THE BEGINNING OF THE CORRIDOR5
AND A PERMANENT SIGN NOT FEWER THAN THREE HUNDRED FEET BEFORE6
EACH CAMERA WITHIN THE CORRIDOR THEREAFTER OR A TEMPORARY SIGN7
NOT FEWER THAN THREE HUNDRED FEET BEFORE ANY MOBILE CAMERA ;8
AND9
(B)  I
LLUSTRATE, THROUGH DATA COLLECTED WITHIN THE PAST
10
FIVE YEARS, INCIDENTS OF CRASHES, SPEEDING, RECKLESS DRIVING, OR11
COMMUNITY COMPLAINTS ON A STREET DESIGNATED AS AN AUTOMATED12
VEHICLE IDENTIFICATION CORRIDOR.13
(IV)  T
HE STATE, a county, A CITY AND COUNTY, or A municipality
14
implementing an automated vehicle identification corridor pursuant to15
subsection (2)(g)(I) of this section shall publish a report on its website16
disclosing the number of citations and revenue generated by the17
automated vehicle identification corridor.18
      (2.5)(a)  THE STATE MAY USE AN AUTOMATED VEHICLE19
IDENTIFICATION SYSTEM ON ANY PORTION OF A STATE HIGHWAY . THE20
DEPARTMENT OF TRANSPORTATION MAY PROMULGATE RULES TO21
IMPLEMENT THE PROVISIONS OF THIS SECTION RELATING TO THE USE OF22
AUTOMATED VEHICLE IDENTIFICATION SYSTEMS BY THE DEPARTMENT OF23
TRANSPORTATION ON STATE HIGHWAYS , INCLUDING BUT NOT LIMITED TO24
RULES THAT:25
(I)  S
PECIFY PRIORITIZATION CRITERIA THAT THE DEPARTMENT OF
26
TRANSPORTATION WILL USE TO DETERMINE WHICH ENTITY IS AUTHORIZED27
195
-8- TO USE AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM IF MULTIPLE1
ENTITIES SEEK AUTHORIZATION TO USE AN AUTOMATED VEHICLE2
IDENTIFICATION SYSTEM ON THE SAME PORTION OF A STATE HIGHWAY .3
T
HE CRITERIA MUST SPECIFY THAT THE DEPARTMENT OF TRANSPORTATION
4
MUST GIVE PREFERENCE TO AN ENTITY THAT HAS THE PRIMARY5
RESPONSIBILITY FOR REGULATION AND ENFORCEMENT OF TRAFFIC6
RESTRICTIONS ON THE PORTION OF A STATE HIGHWAY ON WHICH AN7
AUTOMATED VEHICLE IDENTIFICATION SYSTEM IS TO BE USED .8
(II) SPECIFY, CONSISTENT WITH THE REQUIREMENTS OF9
SUBSECTION (2)(a) OF THIS SECTION, THE PROCESS THAT THE STATE WILL10
USE TO NOTIFY A COUNTY, CITY AND COUNTY, OR MUNICIPALITY THAT THE11
STATE WILL BE USING AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM12
WITHIN ITS JURISDICTION AND THE ADMINISTRATIVE AND ENFORCEMENT13
PROCESS THAT THE DEPARTMENT OF TRANSPORTATION WILL USE TO14
ADMINISTER, HEAR, AND RESOLVE A TRAFFIC VIOLATION DETECTED15
THROUGH THE USE BY THE DEPARTMENT OF TRANSPORTATION OF AN16
AUTOMATED VEHICLE IDENTIFICATION SYSTEM ;17
(III) ESTABLISH, SUBJECT TO THE CAPS SET FORTH IN SUBSECTIONS18
(4)(b) 
AND (4.5) OF THIS SECTION AND ANY OTHER PROVISION OF LAW, THE19
AMOUNT OF CIVIL PENALTIES IMPOSED FOR TRAFFIC VIOLATIONS D ETECTED20
THROUGH THE USE BY THE DEPARTMENT OF TRANSPORTATION OF AN21
AUTOMATED VEHICLE IDENTIFICATION SYSTEM ;     
22
(IV)  E
STABLISH AN ADMINISTRATIVE HEARING PROCESS THAT
23
COMPLIES WITH SUBSECTIONS (2)(a)(IV) THROUGH (2)(a)(VIII) OF THIS24
SECTION, INCLUDING THE ABILITY TO RETAIN AND CONTRACT WITH25
IMPARTIAL HEARING OFFICERS AND THE ABILITY FOR IMPARTIAL HEARING26
OFFICERS TO ISSUE FINAL ORDERS REQUIRED BY SUBSECTION 2(a)(VII) OF27
195
-9- THIS SECTION; AND1
(V)  P
ROVIDE, CONSISTENT WITH THIS SECTION, ANY ADDITIONAL2
REQUIREMENTS, GUIDANCE, OR CLARIFICATION THAT THE DEPARTMENT OF3
TRANSPORTATION DEEMS NECESSARY OR APPROPRIATE TO IMPLEMENT4
THIS SECTION.5
(b)  I
T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE6
DEPARTMENT OF TRANSPORTATION CONSULT WITH THE COLORADO STATE7
PATROL WHEN PROMULGATING RULES RELATING TO THE USE OF8
AUTOMATED VEHICLE IDENTIFICATION SYSTEMS AND BEFORE9
AUTHORIZING THE USE OF AN AUTOMATED VEHICLE IDENTIFICATION10
SYSTEM BY THE STATE OR A COUNTY , A CITY AND COUNTY , OR A11
MUNICIPALITY ON ANY PORTION OF A STATE HIGHWAY . IT IS ALSO THE
12
INTENT OF THE GENERAL ASSEMBLY THAT THE DEPARTMENT OF13
TRANSPORTATION CONSULT WITH COUNTIES , CITY AND COUNTIES, AND14
MUNICIPALITIES WHEN PROMULGATING RULES RELATING TO THE USE OF15
AUTOMATED VEHICLE IDENTIFICATION SYSTEMS .16
(c)  T
HE PROVISIONS OF THIS SUBSECTION (2.5) DO NOT APPLY TO
17
AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON A STATE HIGHWAY18
THAT A COUNTY, CITY AND COUNTY, OR MUNICIPALITY HAS IMPLEMENTED19
OR DESIGNATED BY ORDINANCE OR RESOLUTION BEFORE JANUARY 1, 2025,20
OR BEFORE THE DEPARTMENT OF TRANSPORTATION ADOPTS RULES21
PURSUANT TO SUBSECTION (2.5)(a) OF THIS SECTION, WHICHEVER OCCURS22
LATER. THIS SUBSECTION (2.5) DOES NOT REQUIRE A COUNTY, CITY AND23
COUNTY, OR MUNICIPALITY TO REMOVE OR STOP THE IMPLEMENTATION OF24
AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM THAT WAS PLACED ON25
ANY PORTION OF A STATE HIGHWAY OR DESIGNATED BY ORDINANCE OR26
RESOLUTION BEFORE JANUARY 1, 2025, OR BEFORE THE DEPARTMENT OF27
195
-10- TRANSPORTATION ADOPTS RULES PURSUANT TO SUBSECTION (2.5)(a) OF1
THIS SECTION, WHICHEVER OCCURS LATER.2
     3
(III)  Subsection (4)(b)(I) of this section does not apply within a4
maintenance, construction, or repair zone designated pursuant to section5
42-4-614 
OR A SCHOOL ZONE, AS DEFINED IN SECTION 42-4-615 (2).6
(4.5) (a)  If the state, a county, a city and county, or a municipality7
detects a violation of a county, 
CITY AND COUNTY,
 or municipal traffic8
regulation or traffic violation under state law for disobedience to a traffic9
control signal through the use of an automated vehicle identification10
system, the maximum civil penalty that the state, a county, a city and11
county, or a municipality may impose for such violation, including any12
surcharge, is seventy-five dollars.13
(b)  S
UBSECTION (4.5)(a) OF THIS SECTION DOES NOT APPLY WITHIN14
A MAINTENANCE, CONSTRUCTION, OR REPAIR ZONE DESIGNATED15
PURSUANT TO SECTION 42-4-614 OR A SCHOOL ZONE, AS DEFINED IN16
SECTION 42-4-615 (2).17
(6) (a)  As used in this section, the term "automated vehicle
18
identification system" means a system whereby:19
(I)  A machine is used to automatically detect a violation of a20
traffic regulation and simultaneously record a photograph of the vehicle,21
the operator of the vehicle, and the license plate of the vehicle; and22
(II)  A notice of violation or civil penalty assessment notice may23
be issued to the registered owner of the motor vehicle.24
(b)  "Automated vehicle identification system" includes a system25
used to detect a violation of part 11 of this article 4 or a local speed26
ordinance, a system used to detect violations of traffic restrictions27
195
-11- imposed by traffic signals or traffic signs, and a system used to detect1
violations of bus lane or bicycle lane restrictions.2
(8)  N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE3
AGGREGATE AMOUNT OF REVENUE , EXCLUSIVE OF COURT AND4
OPERATIONS COSTS, COLLECTED BY THE STATE AS CIVIL PENALTIES FOR5
VIOLATIONS DETECTED BY AUTOMATED VEHICLE IDENTIFICATION SYSTEMS6
MUST BE CREDITED TO THE STATE HIGHWAY FUND AND USED BY THE7
DEPARTMENT ONLY TO FUND ROAD SAFETY PROJECTS , AS DEFINED IN8
SECTION 43-4-803 (21), OF THE TYPE DESCRIBED IN SECTION 43-4-8039
(21)(b).10
SECTION 2. In Colorado Revised Statutes, add 43-1-132 as11
follows:12
43-1-132.  Vulnerable road user fatality reduction targets -13
requirements. (1)  A
S PART OF ITS EFFORT TO REDUCE FATALITIES FOR14
VULNERABLE ROAD USERS , AS DEFINED IN SECTION 43-4-803 (29), THE15
DEPARTMENT SHALL ESTABLISH DECLINING ANNUAL TARGETS FOR16
VULNERABLE ROAD USER FATALITIES AS PART OF ITS PERFORMANCE PLAN17
REQUIRED BY SECTION 2-7-204 (3).18
(2)  A
S PART OF THE TARGETS ESTABLISHED IN SUBSECTION (1) OF19
THIS SECTION, THE DEPARTMENT SHALL ESTABLISH ENGINEERING20
METHODOLOGY AND INTERNAL EDUCATION REQUIREMENTS FOR PRACTICES21
TO PRIORITIZE SAFETY OVER SPEED ON HIGH-INJURY NETWORKS.22
SECTION 3. In Colorado Revised Statutes, 43-4-206, amend (3)23
as follows:24
43-4-206.  State allocation. (3)  The revenue credited
 ALLOCATED25
to the highway users tax fund STATE HIGHWAY FUND pursuant to section26
SECTIONS 43-4-205 (6.3) AND 43-4-205 (6)(b)(I) shall MUST be expended27
195
-12- by the department of transportation only for road safety projects, as1
defined in section 43-4-803 (21); except that the department shall, in2
furtherance of its duty to supervise state highways and as a consequence3
in compliance with section 43-4-810:4
(a)  Expend ten million dollars per year of the revenues REVENUE5
for the planning, designing, engineering, acquisition, installation,6
construction, repair, reconstruction, maintenance, operation, or7
administration of transit-related projects, including, but not limited to,8
designated bicycle or pedestrian lanes of highway, 
CROSSING
9
IMPROVEMENTS, and infrastructure needed to integrate different10
transportation modes within a multimodal transportation system that11
enhance the safety of state highways for transit users; 
AND12
(b) (I)  A
LLOCATE,
 FOR STATE FISCAL YEAR 2025-26 AND EACH13
SUCCEEDING STATE FISCAL YEAR , AFTER ACCOUNTING FOR CRITICAL14
SAFETY-RELATED ASSET MANAGEMENT SURFACE TRANSPORTATION15
INFRASTRUCTURE PROJECTS ELIGIBLE FOR FUNDING PURSUANT TO SECTION16
43-4-803 (21)(a) 
AND AS DETERMINED BY THE TRANSPORTATION17
COMMISSION, AT LEAST TEN PERCENT OF THE REMAINING REVENUE BUT NO18
LESS THAN SEVEN MILLION DOLLARS , AS ADJUSTED PURSUANT TO19
SUBSECTION (3)(b)(II) OF THIS SECTION FOR STATE FISCAL YEAR 2026-2720
AND EACH SUCCEEDING STATE FISCAL YEAR , FOR THE TYPES OF ROAD21
SAFETY PROJECTS DESCRIBED IN SECTION 43-4-803 (21)(b).22
(II)  F
OR STATE FISCAL YEAR 2026-27 AND EACH SUCCEEDING23
STATE FISCAL YEAR, THE MINIMUM DOLLAR AMOUNT OF ALLOCATION
24
REQUIRED BY SUBSECTION (3)(b)(I) OF THIS SECTION IS SEVEN MILLION25
DOLLARS, ADJUSTED FOR THE CUMULATIVE PERCENTAGE CHANGE IN THE26
AMOUNT OF REVENUE ACTUALLY CREDITED TO THE STATE HIGHWAY FUND27
195
-13- PURSUANT TO SECTION 43-4-205 (6.3) FROM STATE FISCAL YEAR 2024-251
THROUGH THE PRIOR STATE FISCAL YEAR .2
SECTION 4. In Colorado Revised Statutes, 43-4-803, amend3
(21); and add (29) as follows:4
43-4-803.  Definitions. As used in this part 8, unless the context5
otherwise requires:6
(21)  "Road safety project" means:7
(a)  A construction, reconstruction, or maintenance project that the8
commission determines is needed to enhance the safety of a state9
highway, a county determines is needed to enhance the safety of a county10
road, or a municipality determines is needed to enhance the safety of a11
city street; 
OR12
(b)  A
 PROJECT THAT IMPROVES TRANSPORTATION SYSTEM13
INFRASTRUCTURE OR OTHERWISE IMPLEMENTS DATA -DRIVEN STRATEGIES14
THAT REDUCE THE NUMBER OF COLLISIONS WITH MOTOR VEHICLES THAT15
RESULT IN DEATH OR SERIOUS INJURY TO VULNERABLE ROAD USERS .16
E
LIGIBLE PROJECTS INCLUDE, BUT ARE NOT LIMITED TO, PROJECTS THAT17
MEET OR EXCEED THE DEPARTMENT 'S COST-TO-BENEFIT RATIO FOR SAFETY18
PROJECTS AND:19
(I)  S
EPARATE USERS IN SPACE, SUCH AS SEPARATED BIKE LANES,20
WALKWAYS, CROSSING IMPROVEMENTS ,
 AND PEDESTRIAN REFUGE21
ISLANDS; OR22
(II)  I
NCREASE ATTENTIVENESS AND AWARENESS , SUCH AS23
CROSSWALK VISIBILITY ENHANCEMENTS , PEDESTRIAN HYBRID BEACONS,24
AND LIGHTING.25
(29)  "V
ULNERABLE ROAD USER" MEANS A NONMOTORIST WITH A
26
FATALITY ANALYSIS REPORTING SYSTEM PERSON ATTRIBUTE CODE FOR A27
195
-14- PEDESTRIAN, BICYCLIST, OTHER CYCLIST, AND A PERSON ON A PERSONAL1
CONVEYANCE OR AN INJURED PERSON THAT IS , OR IS EQUIVALENT TO, A2
PEDESTRIAN OR PEDAL CYCLIST AS DEFINED IN THE ANSI D16.1-2007 IN3
ACCORDANCE WITH 23 U.S.C. SEC. 148(a)(15) AND 23 CFR 490.205.4
"V
ULNERABLE ROAD USER" DOES NOT INCLUDE A MOTOR CYCLIST BUT
5
DOES INCLUDE:6
(a)  A
N INDIVIDUAL WHO IS WALKING, BIKING, OR ROLLING;
7
(b)  A
 HIGHWAY WORKER ON FOOT IN A WORK ZONE , GIVEN THEY
8
ARE CONSIDERED A PEDESTRIAN.9
SECTION 5. Safety clause. The general assembly finds,10
determines, and declares that this act is necessary for the immediate11
preservation of the public peace, health, or safety or for appropriations for12
the support and maintenance of the departments of the state and state13
institutions.14
195
-15-