First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0233.01 Jason Gelender x4330
HOUSE BILL 25-1044
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING AUTHORIZATION FOR LOCAL GOVERNMENTS TO101
GENERATE ADDITIONAL FEE -BASED FUNDING FOR LOCAL102
VULNERABLE ROAD USER PROTECTION STRATEGIES .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/
.)
Transportation Legislation Review Committee. The bill
authorizes a county, city and county, or municipality or a Taxpayer's Bill
of Rights exempt enterprise created by a city, city and county, or
municipality (local government) to generate additional fee-based funding
for local transportation system strategies that improve safety for
HOUSE SPONSORSHIP
Boesenecker, Froelich, Lindsay, Mauro
SENATE SPONSORSHIP
Winter F. and Cutter,
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. vulnerable road users (vulnerable road user protection strategies).
Specifically, the bill:
! Authorizes a local government to impose additional local
motor vehicle registration fees, up to specified maximum
amounts that are annually adjusted for inflation or
deflation, on passenger cars and light trucks (fees);
! Allows fees to be first imposed beginning with a motor
vehicle registration period beginning on January 1, 2026,
or January 1 of a later year, with adjustments to fee
amounts only taking effect beginning on a subsequent
January 1, and imposed in amounts that are:
! Based on the weight of a passenger car or light
truck, and, in the sole discretion of a local
government, fuel-efficiency, with fees being higher
for heavier motor vehicles and, for motor vehicles
in the same weight class, light trucks and, if
applicable, less fuel-efficient motor vehicles; and
! Reasonably calculated based on the impacts to
vulnerable road users caused by fee payers and the
costs of remediating those impacts by funding
vulnerable road user protection strategies;
! Requires fee revenue to be credited to a dedicated local
cash fund or account and expended only for vulnerable
road user protection strategies, which include infrastructure
projects, including active transportation network projects
that meet specified criteria, and local transit improvements
and enhancements;
! Authorizes and encourages local governments to consider
equity, meaning fairness in mobility and accessibility to
meet the needs of all community members through the
provision of equitable levels of access to affordable and
reliable transportation options based on the needs of the
populations being served;
! Requires each local government that imposes fees to
provide its fee schedule to the department of revenue so
that the department can collect the fees on behalf of the
local government and distribute fee revenue to the local
government; and
! Allows a local government, in its sole discretion and
pursuant to written criteria adopted by the local
government, to reduce or waive fees for a motor vehicle
owner who establishes economic hardship.
Be it enacted by the General Assembly of the State of Colorado:1
HB25-1044-2- SECTION 1. In Colorado Revised Statutes, add article 38 to title1
29 as follows:2
ARTICLE 383
Funding for Vulnerable Road User Protection Strategies4
29-38-101. Legislative declaration. (1) T
HE GENERAL ASSEMBLY5
HEREBY FINDS AND DECLARES THAT :6
(a) A
DVANCING THE SAFETY OF THE TRANSPORTATION SYSTEM OF7
C
OLORADO IS OF PARAMOUNT IMPORTANCE ;8
(b) O
NE OF THE BEST WAYS TO IMPROVE THE SAFETY OF THE9
TRANSPORTATION SYSTEM IS TO REDUCE THE NUMBER OF FATALITIES AND10
SERIOUS INJURIES CAUSED BY COLLISIONS BETWEEN MOTOR VEHICLES11
THAT ENCLOSE OCCUPANTS AND UNENCLOSED VULNERABLE ROAD USERS12
SUCH AS PEDESTRIANS, BICYCLISTS, AND INDIVIDUALS USING OTHER13
NONMOTORIZED OR MOTORIZED PERSONAL CONVEYANCES ;14
(c) B
ETWEEN 2010 AND 2021, THE NUMBER OF PEDESTRIAN15
DEATHS RESULTING FROM SUCH COLLISIONS INCREASED BY16
SEVENTY-SEVEN PERCENT WHILE THE NUMBER OF ALL OTHER17
TRAFFIC-RELATED DEATHS INCREASED BY ONLY TWENTY -FIVE PERCENT;18
(d) T
HE LIKELIHOOD THAT A COLLISION BETWEEN SUCH A MOTOR19
VEHICLE AND A VULNERABLE ROAD USER WILL RESULT IN A FATALITY OR20
SERIOUS INJURY TO THE VULNERABLE ROAD USER IS DIRECTLY RELATED TO21
THE SPEED AT WHICH THE MOTOR VEHICLE IS TRAVELING , THE WEIGHT OF22
THE MOTOR VEHICLE, AND THE CONFIGURATION OF THE MOTOR VEHICLE23
AS FOLLOWS:24
(I) T
HE LIKELIHOOD THAT A COLLISION BETWEEN SUCH A MOTOR25
VEHICLE AND A PEDESTRIAN WILL RESULT IN A SERIOUS INJURY TO THE26
PEDESTRIAN IS:27
HB25-1044
-3- (A) TEN PERCENT IF THE MOTOR VEHICLE IS TRAVELING AT1
SIXTEEN MILES PER HOUR;2
(B) F
IFTY PERCENT IF THE MOTOR VEHICLE IS TRAVELING AT3
THIRTY-ONE MILES PER HOUR; AND4
(C) N
INETY PERCENT IF THE MOTOR VEHICLE IS TRAVELING AT5
FORTY-SIX MILES PER HOUR;6
(II) T
HE LIKELIHOOD THAT A COLLISION BETWEEN SUCH A MOTOR7
VEHICLE AND A PEDESTRIAN WILL RESULT IN DEATH TO THE PEDESTRIAN8
IS:9
(A) T
EN PERCENT IF THE MOTOR VEHICLE IS TRAVELING AT10
TWENTY-THREE MILES PER HOUR;11
(B) F
IFTY PERCENT IF THE MOTOR VEHICLE IS TRAVELING AT12
FORTY-TWO MILES PER HOUR; AND13
(C) N
INETY PERCENT IF THE MOTOR VEHICLE IS TRAVELING AT14
FIFTY-EIGHT MILES PER HOUR;15
(III) B
ECAUSE FORCE EQUALS MASS TIMES ACCELERATION , AT THE16
SAME SPEED, THE FORCE TRANSMITTED TO A VULNERABLE ROAD USER17
DURING A COLLISION WITH A MOTOR VEHICLE , AND THE ATTENDANT18
LIKELIHOOD THAT THE COLLISION WILL RESULT IN SERIOUS INJURY OR19
DEATH TO THE VULNERABLE ROAD USER , INCREASES AS THE WEIGHT OF20
THE MOTOR VEHICLE INCREASES. IN ADDITION, THE INSURANCE INSTITUTE21
FOR HIGHWAY SAFETY AND THE HIGHWAY LOSS DATA INSTITUTE FOUND22
THAT MOTOR VEHICLES WITH HOOD HEIGHTS OF MORE T HAN FORTY INCHES23
ARE ABOUT FORTY-FIVE PERCENT MORE LIKELY TO CAUSE FATALITIES IN24
COLLISIONS WITH PEDESTRIANS THAN MOTOR VEHICLES WITH HOOD25
HEIGHTS OF THIRTY INCHES OR LESS, IN PART BECAUSE THEY CAUSE MORE26
HEAD AND TORSO INJURIES, AND AN ANALYSIS BY CONSUMER REPORTS27
HB25-1044
-4- FOUND THAT THE AVERAGE HOOD HEIGHT OF PASSENGER TRUCKS HAS1
INCREASED BY ELEVEN PERCENT SINCE 2000 AND THE WEIGHT OF NEW2
TRUCKS INCREASED BY TWENTY-FOUR PERCENT BETWEEN 2000 AND 2018. 3
(e) T
HE FEDERAL HIGHWAY ADMINISTRATION SUPPORTS THE4
VISION OF HAVING ZERO TRAFFIC FATALITIES AND PROVIDES A LIST OF5
PROVEN SAFETY STRATEGIES THAT WERE SELECTED BASED ON PROVEN6
RESEARCH THAT DEMONSTRATES THEIR EFFECTIVENESS . THESE7
STRATEGIES ARE DESIGNED TO IMPROVE SAFETY FOR ALL ROAD USERS , NOT8
ONLY VULNERABLE ROAD USERS , AND THE FEDERAL HIGHWAY9
ADMINISTRATION STRONGLY ENCOURAGES TRANSPORTATION AGENCIES TO10
CONSIDER WIDESPREAD IMPLEMENTATION OF THESE MEASURES TO11
ACCELERATE THE ACHIEVEMENT OF LOCAL , STATE, AND NATIONAL SAFETY12
GOALS.13
(f) A
CCORDINGLY, IT IS NECESSARY AND APPROPRIATE TO BETTER14
FUND THE TRANSPORTATION SYSTEM , IN PARTICULAR THOSE LOCAL15
PORTIONS OF THE TRANSPORTATION SYSTEM THAT ARE USED PRIMARILY16
FOR SHORT TRIPS AND ARE REGULARLY SHARED BY MOTOR VEHICLES THAT17
ENCLOSE PASSENGERS AND ALL KINDS OF VULNERABLE ROAD USERS , AND18
TO MAKE THE TRANSPORTATION SYSTEM SAFER FOR VULNERABLE ROAD19
USERS AT THE LOCAL LEVEL BY ADDRESSING LOCAL SAFETY PRIORITIES20
AND MORE EQUITABLE FOR ALL USERS BY :21
(I) A
UTHORIZING LOCAL GOVERNMENTS , DIRECTLY OR THROUGH22
THE CREATION OF LOCAL ENTERPRISES THAT ARE EXEMPT FROM THE23
REVENUE LIMITATIONS OF THE TAXPAYER'S BILL OF RIGHTS, SECTION 2024
OF ARTICLE X OF THE STATE CONSTITUTION , TO IMPOSE ADDITIONAL25
LOCAL MOTOR VEHICLE REGISTRATION FEES AND USE THE FEE REVENUE TO26
PROVIDE FUNDING FOR VULNERABLE ROAD USER PROTECTION STRATEGIES ,27
HB25-1044
-5- INCLUDING TRANSPORTATION SYSTEM INFRASTRUCTURE IMPROVEMENTS1
SUCH AS ROADWAY SAFETY E NHANCEMENTS AND ACTIVE2
TRANSPORTATION NETWORK PROJECTS AND OTHER DATA -DRIVEN3
STRATEGIES SUCH AS ENHANCED TRANSIT SERVICE , THAT REDUCE THE4
NUMBER OF COLLISIONS WITH MOTOR VEHICLES THAT RESULT IN DEATH OR5
SERIOUS INJURY TO VULNERABLE ROAD USERS ; AND6
(II) R
EQUIRING SUCH FEES TO BE REASONABLY CALCULATED7
BASED ON BOTH THE BENEFITS OF A SAFER LOCAL TRANSPORTATION8
SYSTEM THAT THE LOCAL GOVERNMENT OR ENTERPRISE PROVIDES TO ALL9
FEE PAYERS, INCLUDING THE LARGE NUMBER OF FEE PAYERS WHO BOTH10
REGISTER MOTOR VEHICLES AND USE OR HAVE THE OPPORTUNITY TO USE11
ROADS AS VULNERABLE ROAD USERS , AND THE VARYING IMPACTS OF12
DIFFERENT WEIGHTS AND TYPES OF MOTOR VEHICLES ON VULNERABLE13
ROAD USERS; AND14
(g) T
HE EXPENDITURE OF FEES BY LOCAL GOVERNMENTS TO FUND15
VULNERABLE ROAD USER PROTECTION STRATEGIES CONSTITUTES16
CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF THE PUBLIC17
HIGHWAYS OF THIS STATE FOR PURPOSES OF SECTION 18 OF ARTICLE X OF18
THE STATE CONSTITUTION.19
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :20
(a) A
LOCAL GOVERNMENT OR LOCAL GOVERNMENT ENTERPRISE21
PROVIDES BENEFITS TO ALL FEE PAYERS BECAUSE , WHEN IT PROVIDES22
DEDICATED FUNDING FOR VULNERABLE ROAD USER PROTECTION23
STRATEGIES, IT:24
(I) M
AKES IT LESS LIKELY THAT ANY GIVEN FEE PAYER 'S MOTOR25
VEHICLE WILL BE INVOLVED IN SUCH A COLLISION , WHICH:26
(A) R
EDUCES THE RISKS THAT THE FEE PAYER OR OTHER27
HB25-1044
-6- OPERATOR OF THE MOTOR VEHICLE OR A PASSENGER IN THE MOTOR1
VEHICLE WILL BE KILLED OR INJURED IN OR THAT THE MOTOR VEHICLE OR2
PROPERTY IN OR ATTACHED TO THE MOTOR VEHICLE WILL BE DAMAGED IN3
SUCH A COLLISION;4
(B) R
EDUCES THE RISKS THAT THE OWNER OR OPERATOR OF THE5
MOTOR VEHICLE WILL BE LEGALLY LIABLE FOR THE DEATH OF OR INJURY6
TO SUCH AN OPERATOR OR PASSENGER OR THE DEATH OF OR INJURY TO A7
VULNERABLE ROAD USER OR FOR DAMAGE TO THEIR PROPERTY , SOME OF8
WHICH RISKS ARE GREATER FOR HEAVIER MOTOR VEHICLES AND MOTOR9
VEHICLES WITH CONFIGURATIONS THAT ARE MORE DANGEROUS TO10
VULNERABLE ROAD USERS ON WHICH THE ENTERPRISE WILL IMPOSE11
HIGHER MOTOR VEHICLE REGISTRATION FEES ; AND12
(C) L
OWERS THE COSTS OF MOTOR VEHICLE INSURANCE ,13
ESPECIALLY FOR HEAVIER MOTOR VEHICLES AND MOTOR VEHICLES WITH14
CONFIGURATIONS THAT ARE MORE DANGEROUS TO VULNERABLE ROAD15
USERS, ON WHICH THE ENTERPRISE WILL IMPOSE HIGHER MOTOR VEHICLE16
REGISTRATION FEES; AND17
(II) M
AKES IT LESS LIKELY THAT A VULNERABLE ROAD USER , WHO18
IN MANY CASES IS ALSO A FEE PAYER , WILL BE KILLED OR SERIOUSLY19
INJURED IN SUCH AN ACCIDENT;20
(b) I
N ADDITION TO THE DIRECT BENEFITS THAT IT PROVIDES TO FEE21
PAYERS, A LOCAL GOVERNMENT ALSO PROVIDES IMPACT REMEDIATION22
SERVICES WHEN, IN EXCHANGE FOR THE PAYMENT OF MOTOR VEHICLE23
REGISTRATION FEES THAT IT IMPOSES ON MOTOR VEHICLES IN AMOUNTS24
THAT INCREASE AS THE POTENTIAL HARM TO VULNERABLE ROAD USERS25
FROM SUCH MOTOR VEHICLES INCREASES , IT MAKES THE LOCAL26
TRANSPORTATION SYSTEM SAFER SPECIFICALLY FOR VULNERABLE ROAD27
HB25-1044
-7- USERS AND MORE GENERALLY FOR ALL ROAD USERS ;1
(c) B
Y PROVIDING DIRECT AND INDIRECT BENEFITS AND IMPACT2
REMEDIATION SERVICES AS AUTHORIZED BY THIS ARTICLE 38, A LOCAL3
GOVERNMENT PROVIDES A BENEFIT TO FEE PAYERS AND THEREFORE4
OPERATES AS A BUSINESS IN ACCORDANCE WITH THE DETERMINATION OF5
THE COLORADO SUPREME COURT IN COLORADO UNION OF TAXPAYERS6
F
OUNDATION V. CITY OF ASPEN, 2018 CO 36;7
(d) I
T IS THE CONCLUSION OF THE GENERAL ASSEMBLY THAT THE8
REVENUE COLLECTED BY A LOCAL GOVERNMENT THAT IMPOSES MOTOR9
VEHICLE REGISTRATION FEES IS GENERATED BY FEES, NOT TAXES, BECAUSE10
SUCH MOTOR VEHICLE REGISTRATION FEES ARE :11
(I) I
MPOSED FOR THE SPECIFIC PURPOSES OF PROVIDING DIRECT12
AND INDIRECT BENEFITS TO FEE PAYERS AND ALLOWING THE LOCAL13
GOVERNMENT TO DEFRAY THE COSTS OF PROVIDING THE REMEDIATION14
SERVICES SPECIFIED IN THIS SECTION, SPECIFICALLY THE FUNDING OF15
VULNERABLE ROAD USER PROTECTION STRATEGIES THAT ARE DESIGNED16
TO MITIGATE THE HARM TO VULNERABLE ROAD USERS CAUSED BY THE17
OPERATION OF THE MOTOR VEHICLES ON WHICH THE FEES ARE ASSESSED ,18
AND CONTRIBUTE TO THE IMPLEMENTATION OF THE COMPREHENSIVE19
REGULATORY SCHEME REQUIRED FOR THE PLANNING , FUNDING,20
DEVELOPMENT, CONSTRUCTION, MAINTENANCE, AND SUPERVISION OF A21
SUSTAINABLE AND SAFE TRANSPORTATION SYSTEM ; AND22
(II) C
OLLECTED AT RATES THAT ARE REASONABLY CALCULATED23
BASED ON THE DIRECT AND INDIRECT BENEFITS PROVIDED TO AND IMPACTS24
CAUSED BY FEE PAYERS AND THE COSTS OF PROVIDING THOSE BENEFITS25
AND REMEDIATING THOSE IMPACTS ; AND26
(e) I
F A LOCAL GOVERNMENT ESTABLISHES AN ENTERPRISE TO27
HB25-1044
-8- IMPOSE FEES AS AUTHORIZED BY THIS ARTICLE 38, THEN, SO LONG AS THE1
ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR PURPOSES OF SECTION 202
OF ARTICLE X OF THE STATE CONSTITUTION, THE REVENUE FROM THE3
MOTOR VEHICLE REGISTRATION FEES COLLECTED BY THE ENTERPRISE IS4
NOT LOCAL GOVERNMENT FISCAL YEAR SPENDING AND DOES NOT COUNT5
AGAINST THE LOCAL GOVERNMENT 'S FISCAL YEAR SPENDING LIMIT6
IMPOSED BY SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION.7
29-38-102. Definitions. A
S USED IN THIS ARTICLE 38, UNLESS THE8
CONTEXT OTHERWISE REQUIRES :9
(1) "E
NTERPRISE" MEANS AN ENTERPRISE, AS DEFINED IN SECTION10
20 (2)(d)
OF ARTICLE X OF THE STATE CONSTITUTION, THAT IS FORMED BY11
A LOCAL GOVERNMENT FOR THE PURPOSE OF IMPOSING FEES AND FUNDING12
VULNERABLE ROAD USER PROTECTION STRATEGIES AS AUTHORIZED BY13
THIS ARTICLE 38.14
(2) "F
EES" MEANS MOTOR VEHICLE REGISTRATION FEES IMPOSED15
BY A LOCAL GOVERNMENT AS AUTHORIZED BY SECTION 29-38-103.16
(3) "I
NFLATION OR DEFLATION" MEANS THE ANNUAL PERCENTAGE17
CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR , BUREAU OF18
LABOR STATISTICS , CONSUMER PRICE INDEX FOR19
D
ENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN20
CONSUMERS, OR ITS APPLICABLE PREDECESSOR OR SUCCESSOR INDEX .21
(4) "L
IGHT TRUCK" MEANS A MOTOR VEHICLE THAT HAS TWO22
AXLES AND AT LEAST FOUR WHEELS AND IS A PICKUP TRUCK , A SPORT23
UTILITY VEHICLE, A VAN, OR A MINIVAN.24
(5) "L
OCAL GOVERNMENT " MEANS A COUNTY , A CITY AND25
COUNTY, OR A MUNICIPALITY AND, IF A LOCAL GOVERNMENT CREATES AN26
ENTERPRISE, ALSO INCLUDES THAT ENTERPRISE.27
HB25-1044
-9- (6) "PASSENGER CAR" MEANS A MOTOR VEHICLE THAT HAS TWO1
AXLES AND FOUR WHEELS, IS MANUFACTURED PRIMARILY FOR USE IN THE2
TRANSPORTATION OF NOT MORE THAN TEN INDIVIDUALS , AND IS NOT A3
PICKUP TRUCK, A SPORT UTILITY VEHICLE, A VAN, OR A MINIVAN.4
(7) "T
RANSPORTATION EQUITY " MEANS FAIRNESS IN5
TRANSPORTATION SAFETY , MOBILITY, AND ACCESSIBILITY TO MEET THE6
NEEDS OF ALL COMMUNITY MEMBERS FOR THE PURPOSE OF FACILITATING7
SOCIAL AND ECONOMIC OPPORTUNITY BY PROVIDING EQUITABLE LEVELS8
OF ACCESS TO SAFE, AFFORDABLE, AND RELIABLE TRANSPORTATION9
OPTIONS BASED ON THE NEEDS OF THE POPULATIONS BEING SERVED ,10
PARTICULARLY POPULATIONS THAT ARE TRADITIONALLY UNDERSERVED . 11
(8) "V
ULNERABLE ROAD USER " MEANS AN INDIVIDUAL WHO IS12
UNPROTECTED BY AN OUTSIDE SHIELD WHEN USING A ROAD INCLUDING ,13
BUT NOT LIMITED TO, A PEDESTRIAN, A BICYCLIST, AND AN INDIVIDUAL14
USING ANY OTHER NONMOTORIZED OR MOTORIZED PERSONAL15
CONVEYANCE THAT DOES NOT ENCLOSE THE INDIVIDUAL .16
(9) "V
ULNERABLE ROAD USER PROTECTION STRATEGY " MEANS A17
STRATEGY THAT IS DESIGNED TO REDUCE THE NUMBER OF COLLISIONS18
WITH MOTOR VEHICLES THAT RESULT IN DEATH OR SERIOUS INJURY TO19
VULNERABLE ROAD USERS THROUGH :20
(a) T
HE FUNDING OF CONSTRUCTION , IMPROVEMENT, OR21
ENHANCEMENT OF TRANSPORTATION SYSTEM INFRASTRUCTURE ,22
INCLUDING ACTIVE TRANSPORTATION NETWORK INFRASTRUCTURE , WHICH23
INCLUDES:24
(I) T
HE FOLLOWING TYPES OF INFRASTRUCTURE DRAWN FROM THE25
FEDERAL HIGHWAY ADMINISTRATION 'S LIST OF PROVEN SAFETY26
COUNTERMEASURES :27
HB25-1044
-10- (A) WALKWAYS SUCH AS SIDEWALKS AND SHARED -USE PATHS;1
(B) B
ICYCLE LANES, WITH A PREFERENCE FOR BICYCLE LANES2
THAT WILL BE DEVELOPED, DESIGNED, AND DELIVERED IN ACCORDANCE3
WITH GUIDELINES AND PROCESSES SET FORTH IN THE FEDERAL HIGHWAY4
ADMINISTRATION'S BIKEWAY SELECTION GUIDE;5
(C) M
EDIANS AND PEDESTRIAN REFUGE ISLANDS ;6
(D) L
IGHTING ALONG PEDESTRIAN AND BICYCLE FACILITIES ,7
INTERSECTIONS, AND CROSSINGS;8
(E) C
ROSSING SAFETY FEATURES SUCH AS CROSSWALK VISIBILITY9
ENHANCEMENTS, LEADING PEDESTRIAN INTERVALS, PEDESTRIAN HYBRID10
BEACONS, AND RECTANGULAR RAPID FLASHING BEACONS ;11
(F) R
OAD DIETS AND OTHER ROADWAY RECONFIGURATIONS THAT12
IMPROVE SAFETY;13
(G) T
RAFFIC CIRCLES AND OTHER TRAFFIC -CALMING OR SPEED14
MANAGEMENT DEVICES ;15
(H) T
HE SYSTEMIC APPLICATION OF MULTIPLE LOW -COST16
COUNTERMEASURES AT STOP -CONTROLLED INTERSECTIONS ;17
(I) T
HE IMPLEMENTATION OF APPROPRIATE SPEED LIMITS FOR ALL18
ROAD USERS;19
(J) S
PEED SAFETY AND RED LIGHT CAMERAS ;20
(K) C
ORRIDOR ACCESS MANAGEMENT ; AND21
(L) L
ONGITUDINAL RUMBLE STRIPS AND STRIPES ;22
(II) O
THER PROJECTS DESIGNED TO PROTECT VULNERABLE ROAD23
USERS THAT ARE PROPOSED BY PERSONS OR ENTITIES SEEKING GRANT24
FUNDING FROM A LOCAL GOVERNMENT AND ARE APPROVED BY THE LOCAL25
GOVERNMENT; AND26
(III) P
ROJECTS THAT ARE PARTLY LOCATED IN OR BENEFIT A LOCAL27
HB25-1044
-11- GOVERNMENT IN WHICH FEES ARE IMPOSED BUT ARE ALSO LOCATED IN OR1
BENEFIT ONE OR MORE ADJACENT LOCAL GOVERNMENTS ;2
(b) T
HE FUNDING OF LOCAL TRANSIT INFRASTRUCTURE OR SERVICE3
IMPROVEMENTS OR ENHANCEMENTS THAT IMPROVE THE UTILITY OR4
ACCESSIBILITY OF TRANSIT FOR LOCAL USERS; OR5
(c) T
HE FUNDING AND IMPLEMENTATION OF ANY OTHER6
DATA-DRIVEN STRATEGY THAT IS DESIGNED TO REDUCE MOTOR VEHICLE7
MILES TRAVELED OR OTHERWISE PROTECT VULNERABLE ROAD USERS .8
(10) "W
EIGHT", WITH RESPECT TO A MOTOR VEHICLE , MEANS9
DECLARED EMPTY VEHICLE WEIGHT .10
29-38-103. Vulnerable road user protection strategies - local11
funding - fees - grants. (1) F
OR MOTOR VEHICLE REGISTRATION PERIODS12
COMMENCING ON OR AFTER JANUARY 1, 2026, A LOCAL GOVERNMENT13
MAY, EITHER DIRECTLY OR THROUGH AN ENTERPRISE, IMPOSE FEES ON THE14
REGISTRATION OF LIGHT TRUCKS AND PASSENGER CARS FOR THE PURPOSE15
OF FUNDING VULNERABLE ROAD USER PROTECTION STRATEGIES . A LOCAL16
GOVERNMENT MAY , AND IS ENCOURAGED TO , TAKE TRANSPORTATION17
EQUITY INTO CONSIDERATION WHEN DETERMINING WHICH VULNERABLE18
ROAD USER PROTECTION STRATEGIES TO PURSUE AND THE AMOUNT OF19
FUNDING TO ALLOCATE IN TOTAL AND TO EACH FUNDED VULNERABLE20
ROAD USER PROTECTION STRATEGY .21
(2) A
LOCAL GOVERNMENT THAT CHOOSES TO IMPOSE FEES MUST22
IMPOSE THE FEES IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS23
AND LIMITATIONS:24
(a) T
HE TOTAL AMOUNT OF FEES IMPOSED MUST BE REASONABLY25
CALCULATED TO DEFRAY ONLY THE COSTS OF FUNDING THE VULNERABLE26
ROAD USER PROTECTION STRATEGIES TO BE IMPLEMENTED BY THE LOCAL27
HB25-1044
-12- GOVERNMENT;1
(b) T
HE FEES MUST BE IMPOSED BASED ON A SCHEDULE ADOPTED2
BY THE LOCAL GOVERNMENT THAT :3
(I) C
LASSIFIES MOTOR VEHICLES ON WHICH THE FEES ARE IMPOSED4
BY WEIGHT AND IMPOSES HIGHER FEES ON HEAVIER MOTOR VEHICLES ;5
(II) F
OR MOTOR VEHICLES WITHIN THE SAME WEIGHT CLASS ,6
IMPOSES HIGHER FEES ON LIGHT TRUCKS THAN ON PASSENGER CARS ; AND7
(III) I
F THE LOCAL GOVERNMENT , IN ITS SOLE DISCRETION,8
CHOOSES TO CONSIDER FUEL EFFICIENCY , FOR MOTOR VEHICLES WITHIN9
THE SAME WEIGHT CLASS , IMPOSES HIGHER FEES, SUBJECT TO THE10
MAXIMUM FEE LIMITS FOR EACH PASSENGER CAR AND LIGHT TRUCK11
WEIGHT CLASS SET FORTH IN SUBSECTIONS (2)(c) AND (2)(d) OF THIS12
SECTION, ON LESS FUEL-EFFICIENT MOTOR VEHICLES;13
(c) F
EES IMPOSED BY A LOCAL GOVERNMENT FOR MOTOR VEHICLE14
REGISTRATION PERIODS COMMENCING ON OR AFTER JANUARY 1, 2026, BUT15
BEFORE JANUARY 1, 2027, MAY NOT EXCEED:16
(I) F
OR A MOTOR VEHICLE THAT IS A PASSENGER CAR :17
(A) Z
ERO DOLLARS IF THE MOTOR VEHICLE WEIGHT IS LESS THAN18
THREE THOUSAND FIVE HUNDRED POUNDS ;19
(B) T
HREE DOLLARS AND SIXTY CENTS IF THE MOTOR VEHICLE20
WEIGHT IS AT LEAST THREE THOUSAND FIVE HUNDRED POUNDS BUT NO21
MORE THAN FOUR THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;22
(C) F
IVE DOLLARS AND THIRTY CENTS IF THE MOTOR VEHICLE23
WEIGHT IS AT LEAST FOUR THOUSAND FIVE HUNDRED POUNDS BUT NO24
MORE THAN FIVE THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;25
(D) S
EVEN DOLLARS AND SEVENTY CENTS IF THE MOTOR VEHICLE26
WEIGHT IS AT LEAST FIVE THOUSAND FIVE HUNDRED POUNDS BUT NO MORE27
HB25-1044
-13- THAN SIX THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;1
(E) E
LEVEN DOLLARS AND TWENTY CENTS IF THE MOTOR VEHICLE2
WEIGHT IS AT LEAST SIX THOUSAND FIVE HUNDRED POUNDS BUT NO MORE3
THAN SEVEN THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;4
(F) S
IXTEEN DOLLARS AND THIRTY CENTS IF THE MOTOR VEHICLE5
WEIGHT IS AT LEAST SEVEN THOUSAND FIVE HUNDRED POUNDS BUT NO6
MORE THAN EIGHT THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;7
(G) T
WENTY-THREE DOLLARS AND NINETY CENTS IF THE MOTOR8
VEHICLE WEIGHT IS AT LEAST EIGHT THOUSAND FIVE HUNDRED POUNDS9
BUT NO MORE THAN NINE THOUSAND FOUR HUNDRED NINETY -NINE10
POUNDS; AND11
(H) T
HIRTY-FOUR DOLLARS AND NINETY CENTS IF THE MOTOR12
VEHICLE WEIGHT IS NINE THOUSAND FIVE HUNDRED POUNDS OR MORE ;13
(II) F
OR A MOTOR VEHICLE THAT IS A LIGHT TRUCK :14
(A) Z
ERO DOLLARS IF THE MOTOR VEHICLE WEIGHT IS LESS THAN15
THREE THOUSAND FIVE HUNDRED POUNDS ;16
(B) F
IVE DOLLARS AND FORTY CENTS IF THE MOTOR VEHICLE17
WEIGHT IS AT LEAST THREE THOUSAND FIVE HUNDRED POUNDS BUT NO18
MORE THAN FOUR THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;19
(C) S
EVEN DOLLARS AND NINETY CENTS IF THE MOTOR VEHICLE20
WEIGHT IS AT LEAST FOUR THOUSAND FIVE HUNDRED POUNDS BUT NO21
MORE THAN FIVE THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;22
(D) E
LEVEN DOLLARS AND FIFTY CENTS IF THE MOTOR VEHICLE23
WEIGHT IS AT LEAST FIVE THOUSAND FIVE HUNDRED POUNDS BUT NO MORE24
THAN SIX THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;25
(E) S
IXTEEN DOLLARS AND EIGHTY CENTS IF THE MOTOR VEHICLE26
WEIGHT IS AT LEAST SIX THOUSAND FIVE HUNDRED POUNDS BUT NO MORE27
HB25-1044
-14- THAN SEVEN THOUSAND FOUR HUNDRED NINETY -NINE POUNDS;1
(F) T
WENTY-FOUR DOLLARS AND FIFTY CENTS IF THE MOTOR2
VEHICLE WEIGHT IS AT LEAST SEVEN THOUSAND FIVE HUNDRED POUNDS3
BUT NO MORE THAN EIGHT THOUSAND FOUR HUNDRED NINETY -NINE4
POUNDS;5
(G) T
HIRTY-FIVE DOLLARS AND NINETY CENTS IF THE MOTOR6
VEHICLE WEIGHT IS AT LEAST EIGHT THOUSAND FIVE HUNDRED POUNDS7
BUT NO MORE THAN NINE THOUSAND FOUR HUNDRED NINETY -NINE8
POUNDS; AND9
(H) F
IFTY-TWO DOLLARS AND THIRTY CENTS IF THE MOTOR10
VEHICLE WEIGHT IS NINE THOUSAND FIVE HUNDRED POUNDS OR MORE ;11
(d) F
EES IMPOSED BY A LOCAL GOVERNMENT FOR MOTOR VEHICLE12
REGISTRATION PERIODS COMMENCING ON OR AFTER JANUARY 1, 2027,13
MAY NOT EXCEED THE APPLICABLE MAXIMUM AMOUNT FOR MOTOR14
VEHICLE REGISTRATION PERIODS COMMENCING DURING THE PRIOR MOTOR15
VEHICLE REGISTRATION YEAR ADJUSTED FOR INFLATION OR DEFLATION16
AND ROUNDED TO THE NEAREST ONE -HUNDREDTH OF A DOLLAR;17
(e) T
HE FEES MUST FIRST BE IMPOSED FOR A REGISTRATION PERIOD18
THAT BEGINS ON JANUARY 1 OF A CALENDAR YEAR, AND ANY SUBSEQUENT19
ADJUSTMENTS TO THE AMOUNT OF FEES MUST BEGIN ON JANUARY 1 OF A20
CALENDAR YEAR SO THAT THE FEE SCHEDULE IS THE SAME FOR ALL21
REGISTRATION PERIODS THAT COMMENCE DURING THE SAME CALENDAR22
YEAR. THE LOCAL GOVERNMENT MUST , IN ACCORDANCE WITH DEADLINES23
AND PROCEDURES ESTABLISHED BY THE DEPARTMENT OF REVENUE ,24
ANNUALLY REPORT ITS FEE SCHEDULE TO THE DEPARTMENT SO THAT THE25
DEPARTMENT AND ITS AUTHORIZED AGENTS CAN COLLECT THE FEE ON26
BEHALF OF THE LOCAL GOVERNMENT AND TRANSMIT ALL NET REVENUE27
HB25-1044
-15- FROM THE FEES TO THE LOCAL GOVERNMENT .1
(f) A
LL NET REVENUE FROM FEES RECEIVED BY A LOCAL2
GOVERNMENT MUST BE DEPOSITED TO A DEDICATED CASH F UND OR3
ACCOUNT AND EXPENDED SOLELY TO F UND VULNERABLE R OAD USER4
PROTECTION STRATEGIES; AND5
(g) T
HE LOCAL GOVERNMENT SHALL NOT IMPOSE FEES ON ANY6
MOTOR VEHICLE THAT IS OWNED OR LEASED BY THE STATE OR ANY7
DEPARTMENT, AGENCY, OR POLITICAL SUBDIVISION OF THE STATE.8
(3) A
LOCAL GOVERNMENT MAY , IN ITS SOLE DISCRETION AND9
PURSUANT TO WRITTEN CRITERIA ADOPTED BY THE LOCAL GOVERNMENT ,10
REDUCE OR WAIVE FEES FOR A MOTOR VEHICLE OWNER WHO ESTABLISHES11
ECONOMIC HARDSHIP.12
(4) A
LOCAL GOVERNMENT MAY USE FEE REVENUE TO IMPLEMENT13
VULNERABLE ROAD USER PROTECTION STRATEGIES DIRECTLY , DEVELOP A14
PROGRAM TO ISSUE GRANTS TO ENTITIES THAT PROPOSE AND CAN15
COMPLETE PROJECTS OR OPERATIONS THAT IMPLEMENT VULNERABLE16
ROAD USER PROTECTION STRATEGIES , OR BOTH. IF A LOCAL GOVERNMENT17
DEVELOPS A GRANT PROGRAM , IT SHALL, WHEN EVALUATING GRANT18
APPLICATIONS, CONSIDER AND GIVE PRIORITY TO PROJECTS AND19
OPERATIONS THAT:20
(a) A
RE EXPECTED TO IMPROVE SAFETY MORE RELATIVE TO THEIR21
COST THAN OTHER PROJECTS AND OPERATIONS FOR WHICH APPLICATIONS22
HAVE BEEN SUBMITTED;23
(b) W
ILL BE COMPLETED ON OR NEAR A HIGH-INJURY OR HIGH-RISK24
NETWORK, INCLUDING A HIGH-INJURY OR HIGH-RISK NETWORK THAT HAS25
BEEN IDENTIFIED BY A METROPOLITAN PLANNING ORGANIZATION OR26
LOCAL JURISDICTION, OR THAT PROVIDES ALTERNATIVE ROUTES FOR27
HB25-1044
-16- VULNERABLE ROAD USERS ;1
(c) T
AKE PLACE IN TRANSIT-ORIENTED CORRIDORS OR THAT2
IMPROVE CONNECTIVITY BETWEEN HOUSING , JOBS, TRANSIT, AND OTHER3
DESTINATIONS FOR VULNERABLE ROAD USERS ;4
(d) I
MPROVE ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES ;5
AND6
(e) W
ILL USE GRANT FUNDING TO SUPPLEMENT AND NOT SUPPLANT7
OTHER FUNDING FOR RELATED PROJECTS OR OPERATIONS .8
SECTION 2. Safety clause. The general assembly finds,9
determines, and declares that this act is necessary for the immediate10
preservation of the public peace, health, or safety or for appropriations for11
the support and maintenance of the departments of the state and state12
institutions.13
HB25-1044
-17-