Colorado 2025 Regular Session

Colorado House Bill HB1044 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-0233.01 Jason Gelender x4330
8	8	HOUSE BILL 25-1044
9	9	House Committees Senate Committees
10	10	Transportation, Housing & Local Government
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING AUTHORIZATION FOR LOCAL GOVERNMENTS TO101
14	14	GENERATE ADDITIONAL FEE -BASED FUNDING FOR LOCAL102
15	15	VULNERABLE ROAD USER PROTECTION STRATEGIES .103
16	16	Bill Summary
17	17	(Note: This summary applies to this bill as introduced and does
18	18	not reflect any amendments that may be subsequently adopted. If this bill
19	19	passes third reading in the house of introduction, a bill summary that
20	20	applies to the reengrossed version of this bill will be available at
21	21	http://leg.colorado.gov/
22	22	.)
23	23	Transportation Legislation Review Committee. The bill
24	24	authorizes a county, city and county, or municipality or a Taxpayer's Bill
25	25	of Rights exempt enterprise created by a city, city and county, or
26	26	municipality (local government) to generate additional fee-based funding
27	27	for local transportation system strategies that improve safety for
28	28	HOUSE SPONSORSHIP
29	29	Boesenecker, Froelich, Lindsay, Mauro
30	30	SENATE SPONSORSHIP
31	31	Winter F. and Cutter,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. vulnerable road users (vulnerable road user protection strategies).
35	35	Specifically, the bill:
36	36	! Authorizes a local government to impose additional local
37	37	motor vehicle registration fees, up to specified maximum
38	38	amounts that are annually adjusted for inflation or
39	39	deflation, on passenger cars and light trucks (fees);
40	40	! Allows fees to be first imposed beginning with a motor
41	41	vehicle registration period beginning on January 1, 2026,
42	42	or January 1 of a later year, with adjustments to fee
43	43	amounts only taking effect beginning on a subsequent
44	44	January 1, and imposed in amounts that are:
45	45	! Based on the weight of a passenger car or light
46	46	truck, and, in the sole discretion of a local
47	47	government, fuel-efficiency, with fees being higher
48	48	for heavier motor vehicles and, for motor vehicles
49	49	in the same weight class, light trucks and, if
50	50	applicable, less fuel-efficient motor vehicles; and
51	51	! Reasonably calculated based on the impacts to
52	52	vulnerable road users caused by fee payers and the
53	53	costs of remediating those impacts by funding
54	54	vulnerable road user protection strategies;
55	55	! Requires fee revenue to be credited to a dedicated local
56	56	cash fund or account and expended only for vulnerable
57	57	road user protection strategies, which include infrastructure
58	58	projects, including active transportation network projects
59	59	that meet specified criteria, and local transit improvements
60	60	and enhancements;
61	61	! Authorizes and encourages local governments to consider
62	62	equity, meaning fairness in mobility and accessibility to
63	63	meet the needs of all community members through the
64	64	provision of equitable levels of access to affordable and
65	65	reliable transportation options based on the needs of the
66	66	populations being served;
67	67	! Requires each local government that imposes fees to
68	68	provide its fee schedule to the department of revenue so
69	69	that the department can collect the fees on behalf of the
70	70	local government and distribute fee revenue to the local
71	71	government; and
72	72	! Allows a local government, in its sole discretion and
73	73	pursuant to written criteria adopted by the local
74	74	government, to reduce or waive fees for a motor vehicle
75	75	owner who establishes economic hardship.
76	76	Be it enacted by the General Assembly of the State of Colorado:1
77	77	HB25-1044-2- SECTION 1. In Colorado Revised Statutes, add article 38 to title1
78	78	29 as follows:2
79	79	ARTICLE 383
80	80	Funding for Vulnerable Road User Protection Strategies4
81	81	29-38-101. Legislative declaration. (1) T
82	82	HE GENERAL ASSEMBLY5
83	83	HEREBY FINDS AND DECLARES THAT :6
84	84	(a) A
85	85	DVANCING THE SAFETY OF THE TRANSPORTATION SYSTEM OF7
86	86	C
87	87	OLORADO IS OF PARAMOUNT IMPORTANCE ;8
88	88	(b) O
89	89	NE OF THE BEST WAYS TO IMPROVE THE SAFETY OF THE9
90	90	TRANSPORTATION SYSTEM IS TO REDUCE THE NUMBER OF FATALITIES AND10
91	91	SERIOUS INJURIES CAUSED BY COLLISIONS BETWEEN MOTOR VEHICLES11
92	92	THAT ENCLOSE OCCUPANTS AND UNENCLOSED VULNERABLE ROAD USERS12
93	93	SUCH AS PEDESTRIANS, BICYCLISTS, AND INDIVIDUALS USING OTHER13
94	94	NONMOTORIZED OR MOTORIZED PERSONAL CONVEYANCES ;14
95	95	(c) B
96	96	ETWEEN 2010 AND 2021, THE NUMBER OF PEDESTRIAN15
97	97	DEATHS RESULTING FROM SUCH COLLISIONS INCREASED BY16
98	98	SEVENTY-SEVEN PERCENT WHILE THE NUMBER OF ALL OTHER17
99	99	TRAFFIC-RELATED DEATHS INCREASED BY ONLY TWENTY -FIVE PERCENT;18
100	100	(d) T
101	101	HE LIKELIHOOD THAT A COLLISION BETWEEN SUCH A MOTOR19
102	102	VEHICLE AND A VULNERABLE ROAD USER WILL RESULT IN A FATALITY OR20
103	103	SERIOUS INJURY TO THE VULNERABLE ROAD USER IS DIRECTLY RELATED TO21
104	104	THE SPEED AT WHICH THE MOTOR VEHICLE IS TRAVELING , THE WEIGHT OF22
105	105	THE MOTOR VEHICLE, AND THE CONFIGURATION OF THE MOTOR VEHICLE23
106	106	AS FOLLOWS:24
107	107	(I) T
108	108	HE LIKELIHOOD THAT A COLLISION BETWEEN SUCH A MOTOR25
109	109	VEHICLE AND A PEDESTRIAN WILL RESULT IN A SERIOUS INJURY TO THE26
110	110	PEDESTRIAN IS:27
111	111	HB25-1044
112	112	-3- (A) TEN PERCENT IF THE MOTOR VEHICLE IS TRAVELING AT1
113	113	SIXTEEN MILES PER HOUR;2
114	114	(B) F
115	115	IFTY PERCENT IF THE MOTOR VEHICLE IS TRAVELING AT3
116	116	THIRTY-ONE MILES PER HOUR; AND4
117	117	(C) N
118	118	INETY PERCENT IF THE MOTOR VEHICLE IS TRAVELING AT5
119	119	FORTY-SIX MILES PER HOUR;6
120	120	(II) T
121	121	HE LIKELIHOOD THAT A COLLISION BETWEEN SUCH A MOTOR7
122	122	VEHICLE AND A PEDESTRIAN WILL RESULT IN DEATH TO THE PEDESTRIAN8
123	123	IS:9
124	124	(A) T
125	125	EN PERCENT IF THE MOTOR VEHICLE IS TRAVELING AT10
126	126	TWENTY-THREE MILES PER HOUR;11
127	127	(B) F
128	128	IFTY PERCENT IF THE MOTOR VEHICLE IS TRAVELING AT12
129	129	FORTY-TWO MILES PER HOUR; AND13
130	130	(C) N
131	131	INETY PERCENT IF THE MOTOR VEHICLE IS TRAVELING AT14
132	132	FIFTY-EIGHT MILES PER HOUR;15
133	133	(III) B
134	134	ECAUSE FORCE EQUALS MASS TIMES ACCELERATION , AT THE16
135	135	SAME SPEED, THE FORCE TRANSMITTED TO A VULNERABLE ROAD USER17
136	136	DURING A COLLISION WITH A MOTOR VEHICLE , AND THE ATTENDANT18
137	137	LIKELIHOOD THAT THE COLLISION WILL RESULT IN SERIOUS INJURY OR19
138	138	DEATH TO THE VULNERABLE ROAD USER , INCREASES AS THE WEIGHT OF20
139	139	THE MOTOR VEHICLE INCREASES. IN ADDITION, THE INSURANCE INSTITUTE21
140	140	FOR HIGHWAY SAFETY AND THE HIGHWAY LOSS DATA INSTITUTE FOUND22
141	141	THAT MOTOR VEHICLES WITH HOOD HEIGHTS OF MORE T HAN FORTY INCHES23
142	142	ARE ABOUT FORTY-FIVE PERCENT MORE LIKELY TO CAUSE FATALITIES IN24
143	143	COLLISIONS WITH PEDESTRIANS THAN MOTOR VEHICLES WITH HOOD25
144	144	HEIGHTS OF THIRTY INCHES OR LESS, IN PART BECAUSE THEY CAUSE MORE26
145	145	HEAD AND TORSO INJURIES, AND AN ANALYSIS BY CONSUMER REPORTS27
146	146	HB25-1044
147	147	-4- FOUND THAT THE AVERAGE HOOD HEIGHT OF PASSENGER TRUCKS HAS1
148	148	INCREASED BY ELEVEN PERCENT SINCE 2000 AND THE WEIGHT OF NEW2
149	149	TRUCKS INCREASED BY TWENTY-FOUR PERCENT BETWEEN 2000 AND 2018. 3
150	150	(e) T
151	151	HE FEDERAL HIGHWAY ADMINISTRATION SUPPORTS THE4
152	152	VISION OF HAVING ZERO TRAFFIC FATALITIES AND PROVIDES A LIST OF5
153	153	PROVEN SAFETY STRATEGIES THAT WERE SELECTED BASED ON PROVEN6
154	154	RESEARCH THAT DEMONSTRATES THEIR EFFECTIVENESS . THESE7
155	155	STRATEGIES ARE DESIGNED TO IMPROVE SAFETY FOR ALL ROAD USERS , NOT8
156	156	ONLY VULNERABLE ROAD USERS , AND THE FEDERAL HIGHWAY9
157	157	ADMINISTRATION STRONGLY ENCOURAGES TRANSPORTATION AGENCIES TO10
158	158	CONSIDER WIDESPREAD IMPLEMENTATION OF THESE MEASURES TO11
159	159	ACCELERATE THE ACHIEVEMENT OF LOCAL , STATE, AND NATIONAL SAFETY12
160	160	GOALS.13
161	161	(f) A
162	162	CCORDINGLY, IT IS NECESSARY AND APPROPRIATE TO BETTER14
163	163	FUND THE TRANSPORTATION SYSTEM , IN PARTICULAR THOSE LOCAL15
164	164	PORTIONS OF THE TRANSPORTATION SYSTEM THAT ARE USED PRIMARILY16
165	165	FOR SHORT TRIPS AND ARE REGULARLY SHARED BY MOTOR VEHICLES THAT17
166	166	ENCLOSE PASSENGERS AND ALL KINDS OF VULNERABLE ROAD USERS , AND18
167	167	TO MAKE THE TRANSPORTATION SYSTEM SAFER FOR VULNERABLE ROAD19
168	168	USERS AT THE LOCAL LEVEL BY ADDRESSING LOCAL SAFETY PRIORITIES20
169	169	AND MORE EQUITABLE FOR ALL USERS BY :21
170	170	(I) A
171	171	UTHORIZING LOCAL GOVERNMENTS , DIRECTLY OR THROUGH22
172	172	THE CREATION OF LOCAL ENTERPRISES THAT ARE EXEMPT FROM THE23
173	173	REVENUE LIMITATIONS OF THE TAXPAYER'S BILL OF RIGHTS, SECTION 2024
174	174	OF ARTICLE X OF THE STATE CONSTITUTION , TO IMPOSE ADDITIONAL25
175	175	LOCAL MOTOR VEHICLE REGISTRATION FEES AND USE THE FEE REVENUE TO26
176	176	PROVIDE FUNDING FOR VULNERABLE ROAD USER PROTECTION STRATEGIES ,27
177	177	HB25-1044
178	178	-5- INCLUDING TRANSPORTATION SYSTEM INFRASTRUCTURE IMPROVEMENTS1
179	179	SUCH AS ROADWAY SAFETY E NHANCEMENTS AND ACTIVE2
180	180	TRANSPORTATION NETWORK PROJECTS AND OTHER DATA -DRIVEN3
181	181	STRATEGIES SUCH AS ENHANCED TRANSIT SERVICE , THAT REDUCE THE4
182	182	NUMBER OF COLLISIONS WITH MOTOR VEHICLES THAT RESULT IN DEATH OR5
183	183	SERIOUS INJURY TO VULNERABLE ROAD USERS ; AND6
184	184	(II) R
185	185	EQUIRING SUCH FEES TO BE REASONABLY CALCULATED7
186	186	BASED ON BOTH THE BENEFITS OF A SAFER LOCAL TRANSPORTATION8
187	187	SYSTEM THAT THE LOCAL GOVERNMENT OR ENTERPRISE PROVIDES TO ALL9
188	188	FEE PAYERS, INCLUDING THE LARGE NUMBER OF FEE PAYERS WHO BOTH10
189	189	REGISTER MOTOR VEHICLES AND USE OR HAVE THE OPPORTUNITY TO USE11
190	190	ROADS AS VULNERABLE ROAD USERS , AND THE VARYING IMPACTS OF12
191	191	DIFFERENT WEIGHTS AND TYPES OF MOTOR VEHICLES ON VULNERABLE13
192	192	ROAD USERS; AND14
193	193	(g) T
194	194	HE EXPENDITURE OF FEES BY LOCAL GOVERNMENTS TO FUND15
195	195	VULNERABLE ROAD USER PROTECTION STRATEGIES CONSTITUTES16
196	196	CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF THE PUBLIC17
197	197	HIGHWAYS OF THIS STATE FOR PURPOSES OF SECTION 18 OF ARTICLE X OF18
198	198	THE STATE CONSTITUTION.19
199	199	(2) T
200	200	HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :20
201	201	(a) A
202	202	LOCAL GOVERNMENT OR LOCAL GOVERNMENT ENTERPRISE21
203	203	PROVIDES BENEFITS TO ALL FEE PAYERS BECAUSE , WHEN IT PROVIDES22
204	204	DEDICATED FUNDING FOR VULNERABLE ROAD USER PROTECTION23
205	205	STRATEGIES, IT:24
206	206	(I) M
207	207	AKES IT LESS LIKELY THAT ANY GIVEN FEE PAYER 'S MOTOR25
208	208	VEHICLE WILL BE INVOLVED IN SUCH A COLLISION , WHICH:26
209	209	(A) R
210	210	EDUCES THE RISKS THAT THE FEE PAYER OR OTHER27
211	211	HB25-1044
212	212	-6- OPERATOR OF THE MOTOR VEHICLE OR A PASSENGER IN THE MOTOR1
213	213	VEHICLE WILL BE KILLED OR INJURED IN OR THAT THE MOTOR VEHICLE OR2
214	214	PROPERTY IN OR ATTACHED TO THE MOTOR VEHICLE WILL BE DAMAGED IN3
215	215	SUCH A COLLISION;4
216	216	(B) R
217	217	EDUCES THE RISKS THAT THE OWNER OR OPERATOR OF THE5
218	218	MOTOR VEHICLE WILL BE LEGALLY LIABLE FOR THE DEATH OF OR INJURY6
219	219	TO SUCH AN OPERATOR OR PASSENGER OR THE DEATH OF OR INJURY TO A7
220	220	VULNERABLE ROAD USER OR FOR DAMAGE TO THEIR PROPERTY , SOME OF8
221	221	WHICH RISKS ARE GREATER FOR HEAVIER MOTOR VEHICLES AND MOTOR9
222	222	VEHICLES WITH CONFIGURATIONS THAT ARE MORE DANGEROUS TO10
223	223	VULNERABLE ROAD USERS ON WHICH THE ENTERPRISE WILL IMPOSE11
224	224	HIGHER MOTOR VEHICLE REGISTRATION FEES ; AND12
225	225	(C) L
226	226	OWERS THE COSTS OF MOTOR VEHICLE INSURANCE ,13
227	227	ESPECIALLY FOR HEAVIER MOTOR VEHICLES AND MOTOR VEHICLES WITH14
228	228	CONFIGURATIONS THAT ARE MORE DANGEROUS TO VULNERABLE ROAD15
229	229	USERS, ON WHICH THE ENTERPRISE WILL IMPOSE HIGHER MOTOR VEHICLE16
230	230	REGISTRATION FEES; AND17
231	231	(II) M
232	232	AKES IT LESS LIKELY THAT A VULNERABLE ROAD USER , WHO18
233	233	IN MANY CASES IS ALSO A FEE PAYER , WILL BE KILLED OR SERIOUSLY19
234	234	INJURED IN SUCH AN ACCIDENT;20
235	235	(b) I
236	236	N ADDITION TO THE DIRECT BENEFITS THAT IT PROVIDES TO FEE21
237	237	PAYERS, A LOCAL GOVERNMENT ALSO PROVIDES IMPACT REMEDIATION22
238	238	SERVICES WHEN, IN EXCHANGE FOR THE PAYMENT OF MOTOR VEHICLE23
239	239	REGISTRATION FEES THAT IT IMPOSES ON MOTOR VEHICLES IN AMOUNTS24
240	240	THAT INCREASE AS THE POTENTIAL HARM TO VULNERABLE ROAD USERS25
241	241	FROM SUCH MOTOR VEHICLES INCREASES , IT MAKES THE LOCAL26
242	242	TRANSPORTATION SYSTEM SAFER SPECIFICALLY FOR VULNERABLE ROAD27
243	243	HB25-1044
244	244	-7- USERS AND MORE GENERALLY FOR ALL ROAD USERS ;1
245	245	(c) B
246	246	Y PROVIDING DIRECT AND INDIRECT BENEFITS AND IMPACT2
247	247	REMEDIATION SERVICES AS AUTHORIZED BY THIS ARTICLE 38, A LOCAL3
248	248	GOVERNMENT PROVIDES A BENEFIT TO FEE PAYERS AND THEREFORE4
249	249	OPERATES AS A BUSINESS IN ACCORDANCE WITH THE DETERMINATION OF5
250	250	THE COLORADO SUPREME COURT IN COLORADO UNION OF TAXPAYERS6
251	251	F
252	252	OUNDATION V. CITY OF ASPEN, 2018 CO 36;7
253	253	(d) I
254	254	T IS THE CONCLUSION OF THE GENERAL ASSEMBLY THAT THE8
255	255	REVENUE COLLECTED BY A LOCAL GOVERNMENT THAT IMPOSES MOTOR9
256	256	VEHICLE REGISTRATION FEES IS GENERATED BY FEES, NOT TAXES, BECAUSE10
257	257	SUCH MOTOR VEHICLE REGISTRATION FEES ARE :11
258	258	(I) I
259	259	MPOSED FOR THE SPECIFIC PURPOSES OF PROVIDING DIRECT12
260	260	AND INDIRECT BENEFITS TO FEE PAYERS AND ALLOWING THE LOCAL13
261	261	GOVERNMENT TO DEFRAY THE COSTS OF PROVIDING THE REMEDIATION14
262	262	SERVICES SPECIFIED IN THIS SECTION, SPECIFICALLY THE FUNDING OF15
263	263	VULNERABLE ROAD USER PROTECTION STRATEGIES THAT ARE DESIGNED16
264	264	TO MITIGATE THE HARM TO VULNERABLE ROAD USERS CAUSED BY THE17
265	265	OPERATION OF THE MOTOR VEHICLES ON WHICH THE FEES ARE ASSESSED ,18
266	266	AND CONTRIBUTE TO THE IMPLEMENTATION OF THE COMPREHENSIVE19
267	267	REGULATORY SCHEME REQUIRED FOR THE PLANNING , FUNDING,20
268	268	DEVELOPMENT, CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF A21
269	269	SUSTAINABLE AND SAFE TRANSPORTATION SYSTEM ; AND22
270	270	(II) C
271	271	OLLECTED AT RATES THAT ARE REASONABLY CALCULATED23
272	272	BASED ON THE DIRECT AND INDIRECT BENEFITS PROVIDED TO AND IMPACTS24
273	273	CAUSED BY FEE PAYERS AND THE COSTS OF PROVIDING THOSE BENEFITS25
274	274	AND REMEDIATING THOSE IMPACTS ; AND26
275	275	(e) I
276	276	F A LOCAL GOVERNMENT ESTABLISHES AN ENTERPRISE TO27
277	277	HB25-1044
278	278	-8- IMPOSE FEES AS AUTHORIZED BY THIS ARTICLE 38, THEN, SO LONG AS THE1
279	279	ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR PURPOSES OF SECTION 202
280	280	OF ARTICLE X OF THE STATE CONSTITUTION, THE REVENUE FROM THE3
281	281	MOTOR VEHICLE REGISTRATION FEES COLLECTED BY THE ENTERPRISE IS4
282	282	NOT LOCAL GOVERNMENT FISCAL YEAR SPENDING AND DOES NOT COUNT5
283	283	AGAINST THE LOCAL GOVERNMENT 'S FISCAL YEAR SPENDING LIMIT6
284	284	IMPOSED BY SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION.7
285	285	29-38-102. Definitions. A
286	286	S USED IN THIS ARTICLE 38, UNLESS THE8
287	287	CONTEXT OTHERWISE REQUIRES :9
288	288	(1) "E
289	289	NTERPRISE" MEANS AN ENTERPRISE, AS DEFINED IN SECTION10
290	290	20 (2)(d)
291	291	OF ARTICLE X OF THE STATE CONSTITUTION, THAT IS FORMED BY11
292	292	A LOCAL GOVERNMENT FOR THE PURPOSE OF IMPOSING FEES AND FUNDING12
293	293	VULNERABLE ROAD USER PROTECTION STRATEGIES AS AUTHORIZED BY13
294	294	THIS ARTICLE 38.14
295	295	(2) "F
296	296	EES" MEANS MOTOR VEHICLE REGISTRATION FEES IMPOSED15
297	297	BY A LOCAL GOVERNMENT AS AUTHORIZED BY SECTION 29-38-103.16
298	298	(3) "I
299	299	NFLATION OR DEFLATION" MEANS THE ANNUAL PERCENTAGE17
300	300	CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR , BUREAU OF18
301	301	LABOR STATISTICS , CONSUMER PRICE INDEX FOR19
302	302	D
303	303	ENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN20
304	304	CONSUMERS, OR ITS APPLICABLE PREDECESSOR OR SUCCESSOR INDEX .21
305	305	(4) "L
306	306	IGHT TRUCK" MEANS A MOTOR VEHICLE THAT HAS TWO22
307	307	AXLES AND AT LEAST FOUR WHEELS AND IS A PICKUP TRUCK , A SPORT23
308	308	UTILITY VEHICLE, A VAN, OR A MINIVAN.24
309	309	(5) "L
310	310	OCAL GOVERNMENT " MEANS A COUNTY , A CITY AND25
311	311	COUNTY, OR A MUNICIPALITY AND, IF A LOCAL GOVERNMENT CREATES AN26
312	312	ENTERPRISE, ALSO INCLUDES THAT ENTERPRISE.27
313	313	HB25-1044
314	314	-9- (6) "PASSENGER CAR" MEANS A MOTOR VEHICLE THAT HAS TWO1
315	315	AXLES AND FOUR WHEELS, IS MANUFACTURED PRIMARILY FOR USE IN THE2
316	316	TRANSPORTATION OF NOT MORE THAN TEN INDIVIDUALS , AND IS NOT A3
317	317	PICKUP TRUCK, A SPORT UTILITY VEHICLE, A VAN, OR A MINIVAN.4
318	318	(7) "T
319	319	RANSPORTATION EQUITY " MEANS FAIRNESS IN5
320	320	TRANSPORTATION SAFETY , MOBILITY, AND ACCESSIBILITY TO MEET THE6
321	321	NEEDS OF ALL COMMUNITY MEMBERS FOR THE PURPOSE OF FACILITATING7
322	322	SOCIAL AND ECONOMIC OPPORTUNITY BY PROVIDING EQUITABLE LEVELS8
323	323	OF ACCESS TO SAFE, AFFORDABLE, AND RELIABLE TRANSPORTATION9
324	324	OPTIONS BASED ON THE NEEDS OF THE POPULATIONS BEING SERVED ,10
325	325	PARTICULARLY POPULATIONS THAT ARE TRADITIONALLY UNDERSERVED . 11
326	326	(8) "V
327	327	ULNERABLE ROAD USER " MEANS AN INDIVIDUAL WHO IS12
328	328	UNPROTECTED BY AN OUTSIDE SHIELD WHEN USING A ROAD INCLUDING ,13
329	329	BUT NOT LIMITED TO, A PEDESTRIAN, A BICYCLIST, AND AN INDIVIDUAL14
330	330	USING ANY OTHER NONMOTORIZED OR MOTORIZED PERSONAL15
331	331	CONVEYANCE THAT DOES NOT ENCLOSE THE INDIVIDUAL .16
332	332	(9) "V
333	333	ULNERABLE ROAD USER PROTECTION STRATEGY " MEANS A17
334	334	STRATEGY THAT IS DESIGNED TO REDUCE THE NUMBER OF COLLISIONS18
335	335	WITH MOTOR VEHICLES THAT RESULT IN DEATH OR SERIOUS INJURY TO19
336	336	VULNERABLE ROAD USERS THROUGH :20
337	337	(a) T
338	338	HE FUNDING OF CONSTRUCTION , IMPROVEMENT, OR21
339	339	ENHANCEMENT OF TRANSPORTATION SYSTEM INFRASTRUCTURE ,22
340	340	INCLUDING ACTIVE TRANSPORTATION NETWORK INFRASTRUCTURE , WHICH23
341	341	INCLUDES:24
342	342	(I) T
343	343	HE FOLLOWING TYPES OF INFRASTRUCTURE DRAWN FROM THE25
344	344	FEDERAL HIGHWAY ADMINISTRATION 'S LIST OF PROVEN SAFETY26
345	345	COUNTERMEASURES :27
346	346	HB25-1044
347	347	-10- (A) WALKWAYS SUCH AS SIDEWALKS AND SHARED -USE PATHS;1
348	348	(B) B
349	349	ICYCLE LANES, WITH A PREFERENCE FOR BICYCLE LANES2
350	350	THAT WILL BE DEVELOPED, DESIGNED, AND DELIVERED IN ACCORDANCE3
351	351	WITH GUIDELINES AND PROCESSES SET FORTH IN THE FEDERAL HIGHWAY4
352	352	ADMINISTRATION'S BIKEWAY SELECTION GUIDE;5
353	353	(C) M
354	354	EDIANS AND PEDESTRIAN REFUGE ISLANDS ;6
355	355	(D) L
356	356	IGHTING ALONG PEDESTRIAN AND BICYCLE FACILITIES ,7
357	357	INTERSECTIONS, AND CROSSINGS;8
358	358	(E) C
359	359	ROSSING SAFETY FEATURES SUCH AS CROSSWALK VISIBILITY9
360	360	ENHANCEMENTS, LEADING PEDESTRIAN INTERVALS, PEDESTRIAN HYBRID10
361	361	BEACONS, AND RECTANGULAR RAPID FLASHING BEACONS ;11
362	362	(F) R
363	363	OAD DIETS AND OTHER ROADWAY RECONFIGURATIONS THAT12
364	364	IMPROVE SAFETY;13
365	365	(G) T
366	366	RAFFIC CIRCLES AND OTHER TRAFFIC -CALMING OR SPEED14
367	367	MANAGEMENT DEVICES ;15
368	368	(H) T
369	369	HE SYSTEMIC APPLICATION OF MULTIPLE LOW -COST16
370	370	COUNTERMEASURES AT STOP -CONTROLLED INTERSECTIONS ;17
371	371	(I) T
372	372	HE IMPLEMENTATION OF APPROPRIATE SPEED LIMITS FOR ALL18
373	373	ROAD USERS;19
374	374	(J) S
375	375	PEED SAFETY AND RED LIGHT CAMERAS ;20
376	376	(K) C
377	377	ORRIDOR ACCESS MANAGEMENT ; AND21
378	378	(L) L
379	379	ONGITUDINAL RUMBLE STRIPS AND STRIPES ;22
380	380	(II) O
381	381	THER PROJECTS DESIGNED TO PROTECT VULNERABLE ROAD23
382	382	USERS THAT ARE PROPOSED BY PERSONS OR ENTITIES SEEKING GRANT24
383	383	FUNDING FROM A LOCAL GOVERNMENT AND ARE APPROVED BY THE LOCAL25
384	384	GOVERNMENT; AND26
385	385	(III) P
386	386	ROJECTS THAT ARE PARTLY LOCATED IN OR BENEFIT A LOCAL27
387	387	HB25-1044
388	388	-11- GOVERNMENT IN WHICH FEES ARE IMPOSED BUT ARE ALSO LOCATED IN OR1
389	389	BENEFIT ONE OR MORE ADJACENT LOCAL GOVERNMENTS ;2
390	390	(b) T
391	391	HE FUNDING OF LOCAL TRANSIT INFRASTRUCTURE OR SERVICE3
392	392	IMPROVEMENTS OR ENHANCEMENTS THAT IMPROVE THE UTILITY OR4
393	393	ACCESSIBILITY OF TRANSIT FOR LOCAL USERS; OR5
394	394	(c) T
395	395	HE FUNDING AND IMPLEMENTATION OF ANY OTHER6
396	396	DATA-DRIVEN STRATEGY THAT IS DESIGNED TO REDUCE MOTOR VEHICLE7
397	397	MILES TRAVELED OR OTHERWISE PROTECT VULNERABLE ROAD USERS .8
398	398	(10) "W
399	399	EIGHT", WITH RESPECT TO A MOTOR VEHICLE , MEANS9
400	400	DECLARED EMPTY VEHICLE WEIGHT .10
401	401	29-38-103. Vulnerable road user protection strategies - local11
402	402	funding - fees - grants. (1) F
403	403	OR MOTOR VEHICLE REGISTRATION PERIODS12
404	404	COMMENCING ON OR AFTER JANUARY 1, 2026, A LOCAL GOVERNMENT13
405	405	MAY, EITHER DIRECTLY OR THROUGH AN ENTERPRISE, IMPOSE FEES ON THE14
406	406	REGISTRATION OF LIGHT TRUCKS AND PASSENGER CARS FOR THE PURPOSE15
407	407	OF FUNDING VULNERABLE ROAD USER PROTECTION STRATEGIES . A LOCAL16
408	408	GOVERNMENT MAY , AND IS ENCOURAGED TO , TAKE TRANSPORTATION17
409	409	EQUITY INTO CONSIDERATION WHEN DETERMINING WHICH VULNERABLE18
410	410	ROAD USER PROTECTION STRATEGIES TO PURSUE AND THE AMOUNT OF19
411	411	FUNDING TO ALLOCATE IN TOTAL AND TO EACH FUNDED VULNERABLE20
412	412	ROAD USER PROTECTION STRATEGY .21
413	413	(2) A
414	414	LOCAL GOVERNMENT THAT CHOOSES TO IMPOSE FEES MUST22
415	415	IMPOSE THE FEES IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS23
416	416	AND LIMITATIONS:24
417	417	(a) T
418	418	HE TOTAL AMOUNT OF FEES IMPOSED MUST BE REASONABLY25
419	419	CALCULATED TO DEFRAY ONLY THE COSTS OF FUNDING THE VULNERABLE26
420	420	ROAD USER PROTECTION STRATEGIES TO BE IMPLEMENTED BY THE LOCAL27
421	421	HB25-1044
422	422	-12- GOVERNMENT;1
423	423	(b) T
424	424	HE FEES MUST BE IMPOSED BASED ON A SCHEDULE ADOPTED2
425	425	BY THE LOCAL GOVERNMENT THAT :3
426	426	(I) C
427	427	LASSIFIES MOTOR VEHICLES ON WHICH THE FEES ARE IMPOSED4
428	428	BY WEIGHT AND IMPOSES HIGHER FEES ON HEAVIER MOTOR VEHICLES ;5
429	429	(II) F
430	430	OR MOTOR VEHICLES WITHIN THE SAME WEIGHT CLASS ,6
431	431	IMPOSES HIGHER FEES ON LIGHT TRUCKS THAN ON PASSENGER CARS ; AND7
432	432	(III) I
433	433	F THE LOCAL GOVERNMENT , IN ITS SOLE DISCRETION,8
434	434	CHOOSES TO CONSIDER FUEL EFFICIENCY , FOR MOTOR VEHICLES WITHIN9
435	435	THE SAME WEIGHT CLASS , IMPOSES HIGHER FEES, SUBJECT TO THE10
436	436	MAXIMUM FEE LIMITS FOR EACH PASSENGER CAR AND LIGHT TRUCK11
437	437	WEIGHT CLASS SET FORTH IN SUBSECTIONS (2)(c) AND (2)(d) OF THIS12
438	438	SECTION, ON LESS FUEL-EFFICIENT MOTOR VEHICLES;13
439	439	(c) F
440	440	EES IMPOSED BY A LOCAL GOVERNMENT FOR MOTOR VEHICLE14
441	441	REGISTRATION PERIODS COMMENCING ON OR AFTER JANUARY 1, 2026, BUT15
442	442	BEFORE JANUARY 1, 2027, MAY NOT EXCEED:16
443	443	(I) F
444	444	OR A MOTOR VEHICLE THAT IS A PASSENGER CAR :17
445	445	(A) Z
446	446	ERO DOLLARS IF THE MOTOR VEHICLE WEIGHT IS LESS THAN18
447	447	THREE THOUSAND FIVE HUNDRED POUNDS ;19
448	448	(B) T
449	449	HREE DOLLARS AND SIXTY CENTS IF THE MOTOR VEHICLE20
450	450	WEIGHT IS AT LEAST THREE THOUSAND FIVE HUNDRED POUNDS BUT NO21
451	451	MORE THAN FOUR THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;22
452	452	(C) F
453	453	IVE DOLLARS AND THIRTY CENTS IF THE MOTOR VEHICLE23
454	454	WEIGHT IS AT LEAST FOUR THOUSAND FIVE HUNDRED POUNDS BUT NO24
455	455	MORE THAN FIVE THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;25
456	456	(D) S
457	457	EVEN DOLLARS AND SEVENTY CENTS IF THE MOTOR VEHICLE26
458	458	WEIGHT IS AT LEAST FIVE THOUSAND FIVE HUNDRED POUNDS BUT NO MORE27
459	459	HB25-1044
460	460	-13- THAN SIX THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;1
461	461	(E) E
462	462	LEVEN DOLLARS AND TWENTY CENTS IF THE MOTOR VEHICLE2
463	463	WEIGHT IS AT LEAST SIX THOUSAND FIVE HUNDRED POUNDS BUT NO MORE3
464	464	THAN SEVEN THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;4
465	465	(F) S
466	466	IXTEEN DOLLARS AND THIRTY CENTS IF THE MOTOR VEHICLE5
467	467	WEIGHT IS AT LEAST SEVEN THOUSAND FIVE HUNDRED POUNDS BUT NO6
468	468	MORE THAN EIGHT THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;7
469	469	(G) T
470	470	WENTY-THREE DOLLARS AND NINETY CENTS IF THE MOTOR8
471	471	VEHICLE WEIGHT IS AT LEAST EIGHT THOUSAND FIVE HUNDRED POUNDS9
472	472	BUT NO MORE THAN NINE THOUSAND FOUR HUNDRED NINETY -NINE10
473	473	POUNDS; AND11
474	474	(H) T
475	475	HIRTY-FOUR DOLLARS AND NINETY CENTS IF THE MOTOR12
476	476	VEHICLE WEIGHT IS NINE THOUSAND FIVE HUNDRED POUNDS OR MORE ;13
477	477	(II) F
478	478	OR A MOTOR VEHICLE THAT IS A LIGHT TRUCK :14
479	479	(A) Z
480	480	ERO DOLLARS IF THE MOTOR VEHICLE WEIGHT IS LESS THAN15
481	481	THREE THOUSAND FIVE HUNDRED POUNDS ;16
482	482	(B) F
483	483	IVE DOLLARS AND FORTY CENTS IF THE MOTOR VEHICLE17
484	484	WEIGHT IS AT LEAST THREE THOUSAND FIVE HUNDRED POUNDS BUT NO18
485	485	MORE THAN FOUR THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;19
486	486	(C) S
487	487	EVEN DOLLARS AND NINETY CENTS IF THE MOTOR VEHICLE20
488	488	WEIGHT IS AT LEAST FOUR THOUSAND FIVE HUNDRED POUNDS BUT NO21
489	489	MORE THAN FIVE THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;22
490	490	(D) E
491	491	LEVEN DOLLARS AND FIFTY CENTS IF THE MOTOR VEHICLE23
492	492	WEIGHT IS AT LEAST FIVE THOUSAND FIVE HUNDRED POUNDS BUT NO MORE24
493	493	THAN SIX THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;25
494	494	(E) S
495	495	IXTEEN DOLLARS AND EIGHTY CENTS IF THE MOTOR VEHICLE26
496	496	WEIGHT IS AT LEAST SIX THOUSAND FIVE HUNDRED POUNDS BUT NO MORE27
497	497	HB25-1044
498	498	-14- THAN SEVEN THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;1
499	499	(F) T
500	500	WENTY-FOUR DOLLARS AND FIFTY CENTS IF THE MOTOR2
501	501	VEHICLE WEIGHT IS AT LEAST SEVEN THOUSAND FIVE HUNDRED POUNDS3
502	502	BUT NO MORE THAN EIGHT THOUSAND FOUR HUNDRED NINETY -NINE4
503	503	POUNDS;5
504	504	(G) T
505	505	HIRTY-FIVE DOLLARS AND NINETY CENTS IF THE MOTOR6
506	506	VEHICLE WEIGHT IS AT LEAST EIGHT THOUSAND FIVE HUNDRED POUNDS7
507	507	BUT NO MORE THAN NINE THOUSAND FOUR HUNDRED NINETY -NINE8
508	508	POUNDS; AND9
509	509	(H) F
510	510	IFTY-TWO DOLLARS AND THIRTY CENTS IF THE MOTOR10
511	511	VEHICLE WEIGHT IS NINE THOUSAND FIVE HUNDRED POUNDS OR MORE ;11
512	512	(d) F
513	513	EES IMPOSED BY A LOCAL GOVERNMENT FOR MOTOR VEHICLE12
514	514	REGISTRATION PERIODS COMMENCING ON OR AFTER JANUARY 1, 2027,13
515	515	MAY NOT EXCEED THE APPLICABLE MAXIMUM AMOUNT FOR MOTOR14
516	516	VEHICLE REGISTRATION PERIODS COMMENCING DURING THE PRIOR MOTOR15
517	517	VEHICLE REGISTRATION YEAR ADJUSTED FOR INFLATION OR DEFLATION16
518	518	AND ROUNDED TO THE NEAREST ONE -HUNDREDTH OF A DOLLAR;17
519	519	(e) T
520	520	HE FEES MUST FIRST BE IMPOSED FOR A REGISTRATION PERIOD18
521	521	THAT BEGINS ON JANUARY 1 OF A CALENDAR YEAR, AND ANY SUBSEQUENT19
522	522	ADJUSTMENTS TO THE AMOUNT OF FEES MUST BEGIN ON JANUARY 1 OF A20
523	523	CALENDAR YEAR SO THAT THE FEE SCHEDULE IS THE SAME FOR ALL21
524	524	REGISTRATION PERIODS THAT COMMENCE DURING THE SAME CALENDAR22
525	525	YEAR. THE LOCAL GOVERNMENT MUST , IN ACCORDANCE WITH DEADLINES23
526	526	AND PROCEDURES ESTABLISHED BY THE DEPARTMENT OF REVENUE ,24
527	527	ANNUALLY REPORT ITS FEE SCHEDULE TO THE DEPARTMENT SO THAT THE25
528	528	DEPARTMENT AND ITS AUTHORIZED AGENTS CAN COLLECT THE FEE ON26
529	529	BEHALF OF THE LOCAL GOVERNMENT AND TRANSMIT ALL NET REVENUE27
530	530	HB25-1044
531	531	-15- FROM THE FEES TO THE LOCAL GOVERNMENT .1
532	532	(f) A
533	533	LL NET REVENUE FROM FEES RECEIVED BY A LOCAL2
534	534	GOVERNMENT MUST BE DEPOSITED TO A DEDICATED CASH F UND OR3
535	535	ACCOUNT AND EXPENDED SOLELY TO F UND VULNERABLE R OAD USER4
536	536	PROTECTION STRATEGIES; AND5
537	537	(g) T
538	538	HE LOCAL GOVERNMENT SHALL NOT IMPOSE FEES ON ANY6
539	539	MOTOR VEHICLE THAT IS OWNED OR LEASED BY THE STATE OR ANY7
540	540	DEPARTMENT, AGENCY, OR POLITICAL SUBDIVISION OF THE STATE.8
541	541	(3) A
542	542	LOCAL GOVERNMENT MAY , IN ITS SOLE DISCRETION AND9
543	543	PURSUANT TO WRITTEN CRITERIA ADOPTED BY THE LOCAL GOVERNMENT ,10
544	544	REDUCE OR WAIVE FEES FOR A MOTOR VEHICLE OWNER WHO ESTABLISHES11
545	545	ECONOMIC HARDSHIP.12
546	546	(4) A
547	547	LOCAL GOVERNMENT MAY USE FEE REVENUE TO IMPLEMENT13
548	548	VULNERABLE ROAD USER PROTECTION STRATEGIES DIRECTLY , DEVELOP A14
549	549	PROGRAM TO ISSUE GRANTS TO ENTITIES THAT PROPOSE AND CAN15
550	550	COMPLETE PROJECTS OR OPERATIONS THAT IMPLEMENT VULNERABLE16
551	551	ROAD USER PROTECTION STRATEGIES , OR BOTH. IF A LOCAL GOVERNMENT17
552	552	DEVELOPS A GRANT PROGRAM , IT SHALL, WHEN EVALUATING GRANT18
553	553	APPLICATIONS, CONSIDER AND GIVE PRIORITY TO PROJECTS AND19
554	554	OPERATIONS THAT:20
555	555	(a) A
556	556	RE EXPECTED TO IMPROVE SAFETY MORE RELATIVE TO THEIR21
557	557	COST THAN OTHER PROJECTS AND OPERATIONS FOR WHICH APPLICATIONS22
558	558	HAVE BEEN SUBMITTED;23
559	559	(b) W
560	560	ILL BE COMPLETED ON OR NEAR A HIGH-INJURY OR HIGH-RISK24
561	561	NETWORK, INCLUDING A HIGH-INJURY OR HIGH-RISK NETWORK THAT HAS25
562	562	BEEN IDENTIFIED BY A METROPOLITAN PLANNING ORGANIZATION OR26
563	563	LOCAL JURISDICTION, OR THAT PROVIDES ALTERNATIVE ROUTES FOR27
564	564	HB25-1044
565	565	-16- VULNERABLE ROAD USERS ;1
566	566	(c) T
567	567	AKE PLACE IN TRANSIT-ORIENTED CORRIDORS OR THAT2
568	568	IMPROVE CONNECTIVITY BETWEEN HOUSING , JOBS, TRANSIT, AND OTHER3
569	569	DESTINATIONS FOR VULNERABLE ROAD USERS ;4
570	570	(d) I
571	571	MPROVE ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES ;5
572	572	AND6
573	573	(e) W
574	574	ILL USE GRANT FUNDING TO SUPPLEMENT AND NOT SUPPLANT7
575	575	OTHER FUNDING FOR RELATED PROJECTS OR OPERATIONS .8
576	576	SECTION 2. Safety clause. The general assembly finds,9
577	577	determines, and declares that this act is necessary for the immediate10
578	578	preservation of the public peace, health, or safety or for appropriations for11
579	579	the support and maintenance of the departments of the state and state12
580	580	institutions.13
581	581	HB25-1044
582	582	-17-