SENATE BILL 24-195
BY SENATOR(S) Winter F. and Cutter, Kolker, Michaelson Jenet, Priola,
Sullivan;
also REPRESENTATIVE(S) Lindsay and Lindstedt, Boesenecker, Brown,
Duran, Froelich, Jodeh, Kipp, Lieder, Mauro, Parenti, Sirota, Titone,
Valdez, Vigil, Woodrow, McCluskie.
C
ONCERNING PROTECTION OF VULNERABLE ROAD USERS .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 42-4-110.5, amend (2)
introductory portion, (2)(g)(I), (2)(g)(IV), (4)(b)(III), and (4.5); repeal
(1.7), and (6); and add (1.1), (2)(a)(X), (2)(g)(I.3), (2)(g)(I.4), (2)(g)(I.5),
(2)(g)(I.6), (2)(g)(I.7), (2.5), and (8) as follows:
42-4-110.5. Automated vehicle identification systems -
exceptions to liability - penalty - limits on use of photographs and video
- rules - legislative declaration - definitions. (1.1) A
S USED IN THIS
SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) (I) "A
UTOMATED VEHICLE IDENTIFICATION SYSTEM " MEANS A
SYSTEM WHEREBY
:
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. (A) A MACHINE IS USED TO AUTOMATICALLY DETECT A VIOLATION
OF A TRAFFIC REGULATION AND SIMULTANEOUSLY RECORD A PHOTOGRAPH
OF THE VEHICLE AND THE LICENSE PLATE OF THE VEHICLE
; AND
(B) A NOTICE OF VIOLATION OR CIVIL PENALTY ASSESSMENT NOTICE
MAY BE ISSUED TO THE REGISTERED OWNER OF THE MOTOR VEHICLE
.
(II) "A
UTOMATED VEHICLE IDENTIFICATION SYSTEM " INCLUDES A
SYSTEM USED TO DETECT A VIOLATION OF PART
11 OF THIS ARTICLE 4 OR A
LOCAL SPEED ORDINANCE
, A SYSTEM USED TO DETECT VIOLATIONS OF
TRAFFIC RESTRICTIONS IMPOSED BY TRAFFIC SIGNALS OR TRAFFIC SIGNS
, AND
A SYSTEM USED TO DETECT VIOLATIONS OF BUS LANE OR BICYCLE LANE
RESTRICTIONS
.
(b) "S
TATE", NOTWITHSTANDING SECTION 42-1-102 (95), MEANS THE
STATE OF
COLORADO ACTING THROUGH THE COLORADO STATE PATROL IN
THE DEPARTMENT OF PUBLIC SAFETY OR THE DEPARTMENT OF
TRANSPORTATION
.
(c) "S
TATE HIGHWAY" MEANS ANY HIGHWAY THAT IS OWNED BY OR
MAINTAINED BY THE STATE
. "STATE HIGHWAY" DOES NOT INCLUDE A PUBLIC
HIGHWAY OPERATED BY A PUBLIC HIGHWAY AUTHORITY IN ACCORDANCE
WITH THE
"PUBLIC HIGHWAY AUTHORITY LAW", PART 5 OF ARTICLE 4 OF
TITLE
43.
(1.7) (a) (I) Upon request from the department of transportation, the
department of public safety shall utilize an automated vehicle identification
system to detect speeding violations under part 11 of this article 4 within a
highway maintenance, repair, or construction zone designated pursuant to
section 42-4-614 (1)(a), if the department of public safety complies with
subsections (2) to (6) of this section. An automated vehicle identification
system shall not be used under this subsection (1.7) unless maintenance,
repair, or construction is occurring at the time the system is being used.
(II) The department of public safety may contract with a vendor to
implement this subsection (1.7), including to:
(A) Notify violators;
PAGE 2-SENATE BILL 24-195 (B) Collect and remit the penalties and surcharges to the state
treasury less the vendor's expenses;
(C) Reconcile payments against outstanding violations;
(D) Implement collection efforts; and
(E) Notify the department of public safety of unpaid violations for
possible referral to the judicial system.
(III) If the department of public safety contracts with a vendor, the
contract must incorporate the processing elements specified by the
department of public safety.
(IV) No notice of violation or civil penalty assessment or a penalty
or surcharge for a violation detected by an automated vehicle identification
system under this subsection (1.7) shall be forwarded to the department for
processing.
(b) The department of transportation shall reimburse the department
of public safety for the direct and indirect costs of complying with this
subsection (1.7).
(2) A county, CITY AND COUNTY, or municipality may adopt an
ordinance authorizing the use of an automated vehicle identification system
to detect violations of traffic regulations adopted by the county,
CITY AND
COUNTY
, or municipality, or the state, a county, a city and county, or a
municipality may utilize an automated vehicle identification system to
detect traffic violations under state law, subject to the following conditions
and limitations
AND, AS APPLICABLE, THE REQUIREMENTS FOR STATE
HIGHWAYS SET FORTH IN AND ANY RULES ADOPTED BY THE DEPARTMENT OF
TRANSPORTATION PURSUANT TO SUBSECTION
(2.5) OF THIS SECTION:
(a) (X) I
F THE REGISTERED OWNER OF A MOTOR VEHICLE INVOLVED
IN A TRAFFIC VIOLATION UNDER STATE LAW OR UNDER TRAFFIC
REGULATIONS ADOPTED BY A COUNTY
, CITY AND COUNTY, OR MUNICIPALITY
IS ENGAGED IN THE BUSINESS OF LEASING OR RENTING MOTOR VEHICLES
, THE
REGISTERED OWNER REMAINS LIABLE FOR PAYMENT OF THE CIVIL PENALTY
EVEN IF THE REGISTERED OWNER WAS NOT DRIVING THE MOTOR VEHICLE BUT
MAY OBTAIN PAYMENT FROM THE LESSOR OR RENTER OF THE MOTOR
PAGE 3-SENATE BILL 24-195 VEHICLE AND FORWARD THE PAYMENT TO THE STATE OR THE COUNTY , CITY
AND COUNTY
, OR MUNICIPALITY IMPOSING THE CIVIL PENALTY .
(g) (I) The state, a county, a city and county, or a municipality shall
not issue a notice of violation or civil penalty assessment notice for a
violation detected using an automated vehicle identification system unless
the violation occurred within a school zone, as defined in section 42-4-615;
within a residential neighborhood; within a maintenance, construction, or
repair zone designated pursuant to section 42-4-614; along a street that
borders a municipal park; or along a street or portion of a street that a
county,
CITY AND COUNTY, or municipality, by ordinance or by a resolution
of its governing body, designates as an automated vehicle identification
corridor, on which designated corridor the county,
CITY AND COUNTY, or
municipality may locate an automated vehicle identification system to detect
violations of a county,
CITY AND COUNTY, or municipal traffic regulation or
a traffic violation under state law. Before a county or municipality begins
operation of an automated vehicle identification system in an automated
vehicle identification corridor, the county or municipality must:
(A) Post a permanent sign in a conspicuous place not fewer than
three hundred feet before the beginning of the corridor and a permanent
sign not fewer than three hundred feet before each camera within the
corridor thereafter or a temporary sign not fewer than three hundred feet
before any mobile camera;
(B) Illustrate, through data collected within the past five years,
incidents of crashes, speeding, reckless driving, or community complaints
on a street designated as an automated vehicle identification corridor; and
(C) Coordinate between the local jurisdiction, the department of
transportation, and the Colorado state patrol.
(I.3) BEFORE A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY
DESIGNATES AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A
STATE HIGHWAY
, THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL
NOTIFY THE DEPARTMENT OF TRANSPORTATION
. IF A COUNTY, CITY AND
COUNTY
, OR MUNICIPALITY DESIGNATES AN AUTOMATED VEHICLE
IDENTIFICATION CORRIDOR ON A STATE HIGHWAY BY ORDINANCE OR
RESOLUTION BEFORE
JANUARY 1, 2025, IT MAY PROCEED WITHOUT HAVING
PROVIDED THIS NOTIFICATION TO THE DEPARTMENT OF TRANSPORTATION
.
PAGE 4-SENATE BILL 24-195 (I.4) AFTER A COUNTY, CITY AND COUNTY, OR A MUNICIPALITY
DESIGNATES AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A
STATE HIGHWAY
, THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL
COORDINATE WITH THE DEPARTMENT OF TRANSPORTATION
. COORDINATION
MUST INCLUDE DEMONSTRATING THAT THE REQUIREMENTS SET FORTH IN
SUBSECTION
(2)(g)(I.7)(B) OF THIS SECTION HAVE BEEN MET AND , IF
NEEDED
, APPLYING FOR A SPECIAL USE PERMIT TO INSTALL ANY DEVICES OR
SIGNAGE ON DEPARTMENT OF TRANSPORTATION RIGHT
-OF-WAY IF THE
SEGMENT OF HIGHWAY IN QUESTION IS MAINTAINED BY THE STATE
. A
COUNTY, CITY AND COUNTY , OR MUNICIPALITY SHALL ALERT THE
DEPARTMENT OF TRANSPORTATION WHEN THE AUTOMATED VEHICLE
IDENTIFICATION CORRIDOR BEGINS OPERATIONS OR PERMANENTLY CEASES
OPERATIONS ON A STATE HIGHWAY
. THE DEPARTMENT OF TRANSPORTATION
SHALL NOTIFY THE
COLORADO STATE PATROL WHEN A COUNTY , CITY AND
COUNTY
, OR MUNICIPALITY COORDINATES WITH THE DEPARTMENT OF
TRANSPORTATION TO ESTABLISH AN AUTOMATED VEHICLE IDENTIFICATION
CORRIDOR ON A STATE HIGHWAY
.
(I.5) B
EFORE A COUNTY, CITY AND COUNTY, OR MUNICIPALITY
BEGINS THE OPERATION OF AN AUTOMATED VEHICLE IDENTIFICATION
SYSTEM IN AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A
COUNTY ROAD
, THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL
NOTIFY THE
COLORADO STATE PATROL.
(I.6) B
EFORE THE STATE DESIGNATES AN AUTOMATED VEHICLE
IDENTIFICATION CORRIDOR ON A STATE HIGHWAY LOCATED WITHIN THE
BOUNDARIES OF A COUNTY
, A CITY AND COUNTY, OR A MUNICIPALITY, AND
BEFORE THE STATE BEGINS OPERATION OF AN AUTOMATED VEHICLE
IDENTIFICATION CORRIDOR ON A STATE HIGHWAY
, THE STATE SHALL
COORDINATE WITH THE RESPECTIVE COUNTY
, CITY AND COUNTY , OR
MUNICIPALITY
.
(I.7) B
EFORE THE STATE, A COUNTY, CITY AND COUNTY , OR
MUNICIPALITY BEGINS OPERATION OF AN AUTOMATED VEHICLE
IDENTIFICATION SYSTEM IN AN AUTOMATED VEHICLE IDENTIFICATION
CORRIDOR
, THE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY MUST:
(A) P
OST A PERMANENT SIGN IN A CONSPICUOUS PLACE NOT FEWER
THAN THREE HUNDRED FEET BEFORE THE BEGINNING OF THE CORRIDOR
; AND
PAGE 5-SENATE BILL 24-195 (B) POST A PERMANENT SIGN NOT FEWER THAN THREE HUNDRED
FEET BEFORE EACH STATIC CAMERA WITHIN THE CORRIDOR THEREAFTER OR
A TEMPORARY SIGN NOT FEWER THAN THREE HUNDRED FEET BEFORE ANY
MOBILE CAMERA
; EXCEPT THAT , FOR AN AUTOMATED VEHICLE
IDENTIFICATION CORRIDOR ON WHICH AN AUTOMATED VEHICLE
IDENTIFICATION SYSTEM IS USED ON TRANSIT VEHICLES FOR THE PURPOSE OF
DETECTING UNAUTHORIZED USE OF A TRANSIT
-ONLY LANE, POST PERMANENT
SIGNS AT ONE
-HALF MILE OR MORE FREQUENT INTERVALS ; AND
(C) ILLUSTRATE, THROUGH DATA COLLECTED WITHIN THE PAST FIVE
YEARS
, INCIDENTS OF CRASHES , SPEEDING, RECKLESS DRIVING, OR
COMMUNITY COMPLAINTS ON A STREET DESIGNATED AS AN AUTOMATED
VEHICLE IDENTIFICATION CORRIDOR UNLESS THE AUTOMATED VEHICLE
IDENTIFICATION SYSTEM WILL BE USED EXCLUSIVELY TO DETECT
UNAUTHORIZED USAGE OF ONE OR MORE TRANSIT
-ONLY LANES.
(IV) T
HE STATE, a county, A CITY AND COUNTY, or A municipality
implementing an automated vehicle identification corridor pursuant to
subsection (2)(g)(I) of this section shall publish a report on its website
disclosing the number of citations and revenue generated by the automated
vehicle identification corridor.
(2.5) (a) T
HE STATE MAY USE AN AUTOMATED VEHICLE
IDENTIFICATION SYSTEM ON ANY PORTION OF A STATE HIGHWAY
. THE
DEPARTMENT OF TRANSPORTATION MAY PROMULGATE RULES TO IMPLEMENT
THE PROVISIONS OF THIS SECTION RELATING TO THE USE OF AUTOMATED
VEHICLE IDENTIFICATION SYSTEMS BY THE DEPARTMENT OF
TRANSPORTATION ON STATE HIGHWAYS AND PRIORITIZATION FOR THE USE
OF AUTOMATED VEHICLE IDENTIFICATION SYSTEMS BY OTHER ENTITIES ON
STATE HIGHWAYS
, INCLUDING BUT NOT LIMITED TO RULES THAT :
(I) S
PECIFY PRIORITIZATION CRITERIA THAT THE DEPARTMENT OF
TRANSPORTATION WILL USE TO DETERMINE WHICH ENTITY IS AUTHORIZED
TO USE AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM IF MULTIPLE
ENTITIES SEEK AUTHORIZATION TO USE AN AUTOMATED VEHICLE
IDENTIFICATION SYSTEM ON THE SAME PORTION OF A STATE HIGHWAY
. THE
CRITERIA MUST SPECIFY THAT THE DEPARTMENT OF TRANSPORTATION MUST
GIVE PREFERENCE TO AN ENTITY THAT HAS THE PRIMARY RESPONSIBILITY
FOR REGULATION AND ENFORCEMENT OF TRAFFIC RESTRICTIONS ON THE
PORTION OF A STATE HIGHWAY ON WHICH AN AUTOMATED VEHICLE
PAGE 6-SENATE BILL 24-195 IDENTIFICATION SYSTEM IS TO BE USED.
(II) S
PECIFY, CONSISTENT WITH THE REQUIREMENTS OF SUBSECTION
(2)(a) OF THIS SECTION, THE PROCESS THAT THE STATE WILL USE TO NOTIFY
A COUNTY
, CITY AND COUNTY, OR MUNICIPALITY THAT THE STATE WILL BE
USING AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM WITHIN ITS
JURISDICTION AND THE ADMINISTRATIVE AND ENFORCEMENT PROCESS THAT
THE DEPARTMENT OF TRANSPORTATION WILL USE TO ADMINISTER
, HEAR,
AND RESOLVE A TRAFFIC VIOLATION DETECTED THROUGH THE USE BY THE
DEPARTMENT OF TRANSPORTATION OF AN AUTOMATED VEHICLE
IDENTIFICATION SYSTEM
;
(III) E
STABLISH, SUBJECT TO THE CAPS SET FORTH IN SUBSECTIONS
(4)(b) AND (4.5) OF THIS SECTION AND ANY OTHER PROVISION OF LAW , THE
AMOUNT OF CIVIL PENALTIES IMPOSED FOR TRAFFIC VIOLATIONS DETECTED
THROUGH THE USE BY THE DEPARTMENT OF TRANSPORTATION OF AN
AUTOMATED VEHICLE IDENTIFICATION SYSTEM
;
(IV) E
STABLISH AN ADMINISTRATIVE HEARING PROCESS THAT
COMPLIES WITH SUBSECTIONS
(2)(a)(IV) THROUGH (2)(a)(VIII) OF THIS
SECTION
, INCLUDING THE ABILITY TO RETAIN AND CONTRACT WITH
IMPARTIAL HEARING OFFICERS AND THE ABILITY FOR IMPARTIAL HEARING
OFFICERS TO ISSUE FINAL ORDERS REQUIRED BY SUBSECTION
(2)(a)(VII) OF
THIS SECTION
; AND
(V) PROVIDE, CONSISTENT WITH THIS SECTION, ANY ADDITIONAL
REQUIREMENTS
, GUIDANCE, OR CLARIFICATION THAT THE DEPARTMENT OF
TRANSPORTATION DEEMS NECESSARY OR APPROPRIATE TO IMPLEMENT THIS
SECTION
.
(b) I
T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
DEPARTMENT OF TRANSPORTATION CONSULT WITH THE
COLORADO STATE
PATROL WHEN PROMULGATING RULES RELATING TO THE USE OF AUTOMATED
VEHICLE IDENTIFICATION SYSTEMS AND BEFORE AUTHORIZING THE USE OF
AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM BY THE STATE OR A
COUNTY
, A CITY AND COUNTY, OR A MUNICIPALITY ON ANY PORTION OF A
STATE HIGHWAY
. IT IS ALSO THE INTENT OF THE GENERAL ASSEMBLY THAT
THE DEPARTMENT OF TRANSPORTATION CONSULT WITH COUNTIES
, CITY AND
COUNTIES
, AND MUNICIPALITIES WHEN PROMULGATING RULES RELATING TO
THE USE OF AUTOMATED VEHICLE IDENTIFICATION SYSTEMS
.
PAGE 7-SENATE BILL 24-195 (c) THE PROVISIONS OF THIS SUBSECTION (2.5) DO NOT APPLY TO AN
AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON A STATE HIGHWAY THAT
A COUNTY
, CITY AND COUNTY, OR MUNICIPALITY HAS IMPLEMENTED OR
DESIGNATED BY ORDINANCE OR RESOLUTION BEFORE
JANUARY 1, 2025, OR
BEFORE THE DEPARTMENT OF TRANSPORTATION ADOPTS RULES PURS UANT
TO SUBSECTION
(2.5)(a) OF THIS SECTION, WHICHEVER OCCURS LATER. THIS
SUBSECTION
(2.5) DOES NOT REQUIRE A COUNTY , CITY AND COUNTY, OR
MUNICIPALITY TO REMOVE OR STOP THE IMPLEMENTATION OF AN
AUTOMATED VEHICLE IDENTIFICATION SYSTEM THAT WAS PLACED ON ANY
PORTION OF A STATE HIGHWAY OR DESIGNATED BY ORDINANCE OR
RESOLUTION BEFORE
JANUARY 1, 2025, OR BEFORE THE DEPARTMENT OF
TRANSPORTATION ADOPTS RULES PURS UANT TO SUBSECTION
(2.5)(a) OF THIS
SECTION
, WHICHEVER OCCURS LATER.
(4) (b) (III) Subsection (4)(b)(I) of this section does not apply within
a maintenance, construction, or repair zone designated pursuant to section
42-4-614
OR A SCHOOL ZONE, AS DEFINED IN SECTION 42-4-615 (2).
(4.5) (a) If the state, a county, a city and county, or a municipality
detects a violation of a county,
CITY AND COUNTY, or municipal traffic
regulation or traffic violation under state law for disobedience to a traffic
control signal through the use of an automated vehicle identification system,
the maximum civil penalty that the state, a county, a city and county, or a
municipality may impose for such violation, including any surcharge, is
seventy-five dollars.
(b) S
UBSECTION (4.5)(a) OF THIS SECTION DOES NOT APPLY WITHIN
A MAINTENANCE
, CONSTRUCTION, OR REPAIR ZONE DESIGNATED PURSUANT
TO SECTION
42-4-614 OR A SCHOOL ZONE, AS DEFINED IN SECTION 42-4-615
(2).
(6) (a) As used in this section, the term "automated vehicle
identification system" means a system whereby:
(I) A machine is used to automatically detect a violation of a traffic
regulation and simultaneously record a photograph of the vehicle, the
operator of the vehicle, and the license plate of the vehicle; and
(II) A notice of violation or civil penalty assessment notice may be
issued to the registered owner of the motor vehicle.
PAGE 8-SENATE BILL 24-195 (b) "Automated vehicle identification system" includes a system
used to detect a violation of part 11 of this article 4 or a local speed
ordinance, a system used to detect violations of traffic restrictions imposed
by traffic signals or traffic signs, and a system used to detect violations of
bus lane or bicycle lane restrictions.
(8) NOTWITHSTANDING ANY OTHER PROVISION OF LAW , THE
AGGREGATE AMOUNT OF REVENUE
, EXCLUSIVE OF COURT AND OPERATIONS
COSTS
, COLLECTED BY THE STATE AS CIVIL PENALTIES FOR VIOLATIONS
DETECTED BY AUTOMATED VEHICLE IDENTIFICATION SYSTEMS MUST BE
CREDITED TO THE STATE HIGHWAY FUND AND USED BY THE DEPARTMENT
ONLY TO FUND ROAD SAFETY PROJECTS
, AS DEFINED IN SECTION 43-4-803
(21),
OF THE TYPE DESCRIBED IN SECTION 43-4-803 (21)(b). THE
DEPARTMENT SHALL PRIORITIZE FUNDING TO THOSE ROAD SAFETY PROJECTS
WITH THE HIGHEST POTENTIAL TO REDUCE VULNERABLE ROAD USER INJURIES
AND FATALITIES WHILE TAKING INTO ACCOUNT THE PLANNING CAPACITY OF
EACH REGION
.
SECTION 2. In Colorado Revised Statutes, add 43-1-137 as
follows:
43-1-137. Vulnerable road user fatality reduction targets -
requirements. (1) A
S PART OF ITS EFFORT TO REDUCE FATALITIES FOR
VULNERABLE ROAD USERS
, AS DEFINED IN SECTION 43-4-803 (29), THE
DEPARTMENT SHALL ESTABLISH DECLINING ANNUAL TARGETS FOR
VULNERABLE ROAD USER FATALITIES AND SERIOUS BODILY INJURIES AS PART
OF ITS PERFORMANCE PLAN REQUIRED BY SECTION
2-7-204 (3).
(2) A
S PART OF THE TARGETS ESTABLISHED IN SUBSECTION (1) OF
THIS SECTION
, THE DEPARTMENT SHALL ESTABLISH ENGINEERING
METHODOLOGY AND INTERNAL EDUCATION REQUIREMENTS FOR PRACTICES
TO PRIORITIZE SAFETY OVER SPEED ON HIGH
-INJURY NETWORKS.
SECTION 3. In Colorado Revised Statutes, 43-4-206, amend (3)
as follows:
43-4-206. State allocation. (3) The revenue credited
ALLOCATED
to the highway users tax fund STATE HIGHWAY FUND pursuant to section
SECTIONS 43-4-205 (6.3) AND 43-4-205 (6)(b)(I) shall MUST be expended
by the department of transportation only for road safety projects, as defined
PAGE 9-SENATE BILL 24-195 in section 43-4-803 (21); except that the department shall, in furtherance of
its duty to supervise state highways and as a consequence in compliance
with section 43-4-810:
(a) Expend ten million dollars per year of the revenues
REVENUE for
the planning, designing, engineering, acquisition, installation, construction,
repair, reconstruction, maintenance, operation, or administration of
transit-related projects, including, but not limited to, designated bicycle or
pedestrian lanes of highway,
CROSSING IMPROVEMENTS , and infrastructure
needed to integrate different transportation modes within a multimodal
transportation system that enhance the safety of state highways for transit
users;
AND
(b) (I) ALLOCATE, FOR STATE FISCAL YEAR 2025-26 AND EACH
SUCCEEDING STATE FISCAL YEAR
, AFTER ACCOUNTING FOR CRITICAL
SAFETY
-RELATED ASSET MANAGEMENT SURFACE TRANSPORTATION
INFRASTRUCTURE PROJECTS ELIGIBLE FOR FUNDING PURSUANT TO SECTION
43-4-803 (21)(a) AND AS DETERMINED BY THE TRANSPORTATION
COMMISSION
, AT LEAST TEN PERCENT OF THE REMAINING REVENUE BUT NO
LESS THAN SEVEN MILLION DOLLARS
, AS ADJUSTED PURSUANT TO
SUBSECTION
(3)(b)(II) OF THIS SECTION FOR STATE FISCAL YEAR 2026-27
AND EACH SUCCEEDING STATE FISCAL YEAR, FOR THE TYPES OF ROAD SAFETY
PROJECTS DESCRIBED IN SECTION
43-4-803 (21)(b).
(II) F
OR STATE FISCAL YEAR 2026-27 AND EACH SUCCEEDING STATE
FISCAL YEAR
, THE MINIMUM DOLLAR AMOUNT OF ALLOCATION REQUIRED BY
SUBSECTION
(3)(b)(I) OF THIS SECTION IS SEVEN MILLION DOLLARS ,
ADJUSTED FOR THE CUMULATIVE PERCENTAGE CHANGE IN THE AMOUNT OF
REVENUE ACTUALLY CREDITED TO THE STATE HIGHWAY FUND PURSUANT TO
SECTION
43-4-205 (6.3) FROM STATE FISCAL YEAR 2024-25 THROUGH THE
PRIOR STATE FISCAL YEAR
.
SECTION 4. In Colorado Revised Statutes, 43-4-803, amend (21);
and add (29) as follows:
43-4-803. Definitions. As used in this part 8, unless the context
otherwise requires:
(21) "Road safety project" means:
PAGE 10-SENATE BILL 24-195 (a) A construction, reconstruction, or maintenance project that the
commission determines is needed to enhance the safety of a state highway,
a county determines is needed to enhance the safety of a county road, or a
municipality determines is needed to enhance the safety of a city street;
OR
(b) A PROJECT THAT IMPROVES TRANSPORTATION SYSTEM
INFRASTRUCTURE OR OTHERWISE IMPLEMENTS DATA
-DRIVEN STRATEGIES
THAT REDUCE THE NUMBER OF COLLISIONS WITH MOTOR VEHICLES THAT
RESULT IN DEATH OR SERIOUS INJURY TO VULNERABLE ROAD USERS
.
E
LIGIBLE PROJECTS INCLUDE, BUT ARE NOT LIMITED TO, PROJECTS THAT
MEET OR EXCEED THE DEPARTMENT
'S COST-TO-BENEFIT RATIO FOR SAFETY
PROJECTS AND
:
(I) S
EPARATE USERS IN SPACE, SUCH AS SEPARATED BIKE LANES ,
WALKWAYS, CROSSING IMPROVEMENTS, AND PEDESTRIAN REFUGE ISLANDS;
OR
(II) INCREASE ATTENTIVENESS AND AWARENESS , SUCH AS
CROSSWALK VISIBILITY ENHANCEMENTS
, PEDESTRIAN HYBRID BEACONS, AND
LIGHTING
.
(29) "V
ULNERABLE ROAD USER " MEANS A NONMOTORIST WITH A
FATALITY ANALYSIS REPORTING SYSTEM PERSON ATTRIBUTE CODE FOR A
PEDESTRIAN
, BICYCLIST, OTHER CYCLIST, AND A PERSON ON A PERSONAL
CONVEYANCE OR AN INJURED PERSON THAT IS
, OR IS EQUIVALENT TO, A
PEDESTRIAN OR PEDAL CYCLIST AS DEFINED IN THE
ANSI D16.1-2007 IN
ACCORDANCE WITH
23 U.S.C. SEC. 148(a)(15) AND 23 CFR 490.205.
"V
ULNERABLE ROAD USER" DOES NOT INCLUDE A MOTOR CYCLIST BUT DOES
INCLUDE
:
(a) A
N INDIVIDUAL WHO IS WALKING, BIKING, OR ROLLING;
(b) A
HIGHWAY WORKER ON FOOT IN A WORK ZONE , GIVEN THEY ARE
CONSIDERED A PEDESTRIAN
.
SECTION 5. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 11-SENATE BILL 24-195 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
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 12-SENATE BILL 24-195