Colo. Rev. Stat. § 43-2-145

Current through 11/5/2024 election

Section 43-2-145 - Transportation legislation review - committee - definition - repeal

(1)

(a) The transportation legislation review committee is hereby created in order to give guidance and direction to:

(I) The department of transportation in the development of the state transportation system and to provide legislative overview of and input into such development;

(II) The department of revenue in the licensing of drivers and registration and titling of motor vehicles; and

(III) Any state agency or political subdivision of Colorado that regulates motor vehicles or traffic, including, without limitation, penalties imposed for violating traffic statutes and rules.

(b)

(I) The committee shall meet at least once each year to review transportation, traffic, and motor vehicle legislation and may consult with experts in the fields of traffic regulation, the licensing of drivers, the registration and titling of motor vehicles, and highway construction and planning and may consult with the personnel of the department of transportation or the department of revenue as may be necessary. All personnel of the department of transportation, the department of revenue, or any state agency or political subdivision of Colorado that regulates motor vehicles or traffic shall cooperate with the committee and with any persons assisting the committee in carrying out its duties pursuant to this section. The committee may review any phase of department of transportation operations, including planning and construction of highway projects, prior to and during the completion of such projects.

(II) Repealed.

(c) The committee may also conduct a post-operation review of such projects to determine whether the project was completed in the most cost-effective and efficient manner. The committee may require the department of transportation to prepare and adopt five-, ten-, and fifteen-year plans for the development of the state transportation system, and the committee shall monitor the progress of such plans. The committee may also require financial or performance audits to be conducted. Upon completion of its review of the transportation laws, the committee shall make recommendations to the governor and to the general assembly for such additional legislation as it deems necessary. The committee shall also develop and make recommendations concerning the financing of the state transportation system. Legislation recommended by the committee shall be treated as legislation recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly.

(d) and (e) Repealed.

(1.3)

(a)

(I) For purposes of this subsection (1.3), "agency" means any state, regional, or local agency, authority, department, district, or organization, other than an individual municipality or county, that:

(A) Is responsible for researching, planning, developing, or improving transportation systems, mass transit systems, or regional plans that include the provision of mass transit within the jurisdiction of the agency; and

(B) Has or may have overlapping or coterminous jurisdiction with another agency.

(II) The term "agency" includes, without limitation, the department of transportation, the regional transportation district, the Colorado intermountain fixed guideway authority, and the Denver regional council of governments.

(b) Each agency shall share information and coordinate efforts with other agencies in the research, planning, and development of mass transit systems to avoid the creation of duplicative or conflicting mass transit systems in the state. The committee may review the operations of any agency to ensure compliance with the provisions of this paragraph (b). In connection with the review of the committee, any agency required to share information and coordinate efforts in accordance with this paragraph (b) shall report to the committee no later than August 15, 2001, and each August 15 thereafter through August 15, 2009, and no later than August 15, 2011, and each August 15 thereafter regarding compliance with this paragraph (b).

(1.4)

(a)

(I) During the 2023 legislative interim, the committee shall analyze the issue of individuals who have had their motor vehicle nonconsensually towed, either by law enforcement or from private property, because the vehicle was stolen or because the individual was the victim of a serious crime that made the victim incapable of attending to the motor vehicle.

(II) The committee may take testimony from interested or knowledgeable people about the issue described in subsection (1.4)(a)(I) of this section and may otherwise research the issue.

(III) The committee shall make recommendations concerning the issue described in subsection (1.4)(a)(I) of this section to the general assembly, and, if the committee recommends legislation, the legislation is treated as legislation recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly.

(b) This subsection (1.4) is repealed, effective July 1, 2024.

(1.5) The committee may review any phase of operations of any public highway authority created pursuant to part 5 of article 4 of this title, including planning and construction of public highway projects, prior to and during the completion of such projects. The committee may also conduct a post-operation review of a project to determine whether the project was completed in the most cost-effective and efficient manner. The committee may require any public highway authority to prepare and adopt long-range plans for the development of the public highways, and the committee shall monitor the progress of such plans. The committee may also require the state auditor to conduct a financial or performance audit of any public highway authority.

(1.6) and (1.8) Repealed.

(1.9) The committee may review any phase of operations of any regional transportation authority created pursuant to part 6 of article 4 of this title, including the planning and construction of regional transportation systems, prior to and during the completion of such systems. The committee may also conduct a post-operation review of any system to determine whether the system was completed in the most cost-effective and efficient manner. The committee may require any regional transportation authority to prepare and adopt long-range plans for the development of regional transportation systems, and the committee shall monitor the progress of the plans. The committee may also require financial or performance audits to be conducted.

(2) Repealed.

(2.1)

(a) During the 2024 legislative interim, the committee shall analyze the issue of enforcement of impaired driving offenses, including situations involving a driver who refuses to take or complete a blood or breath test as required by law.

(b) The committee may request and receive input from the Colorado state patrol and the Colorado task force on drunk and impaired driving created in section 42-4-1306 and take testimony from interested or knowledgeable people about the issue of enforcement of impaired driving offenses and may otherwise research the issue.

(c) The committee may make recommendations concerning the issue of enforcement of impaired driving offenses described in this subsection (2.1) to the general assembly, and, if the committee recommends legislation, the legislation is treated as legislation recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly.

(d) This subsection (2.1) is repealed, effective July 1, 2025.

(2.2)

(a) During the 2024 legislative interim, the committee shall study the issue of careless driving, described in section 42-4-1402, that results in accidental death. The committee shall study the frequency of careless driving incidents that result in accidental death and whether the current possible civil and criminal charges, including charges that may be brought in addition to those for careless driving, and associated penalties, are appropriate.

(b) As part of its study, the committee shall request input from the Colorado district attorneys' council, the office of state public defender, private criminal defense attorneys, plaintiff and defense counsel who handle civil claims related to traffic accidents, victim representatives, criminal justice reform organizations in Colorado, the judicial department, the Colorado state patrol, and other law enforcement agencies.

(c) The committee may make recommendations to the general assembly concerning careless driving incidents that result in accidental death. If the committee recommends legislation, the legislation is treated as legislation recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly. If the committee does not recommend legislation, the committee shall report to the general assembly, in writing, the findings of its study and any recommendations of the committee. The written findings and recommendations may be included in the committee's final report made following its work during the 2024 legislative interim.

(d) This subsection (2.2) is repealed, effective July 1, 2025.

(2.3)

(a) During the 2024 legislative interim, the committee shall study the issue of the appropriate penalty for failing to maintain motor vehicle or low-powered scooter insurance and present evidence of insurance to a requesting officer, as required in section 42-4-1409. Any requirement to maintain insurance to operate a commercial vehicle, and the penalty for not maintaining commercial vehicle insurance, is not within the scope of the study required in this subsection (2.3).

(b) As part of its study, the committee shall request input from county court judges, the Colorado state patrol and other law enforcement agencies, the Colorado district attorneys' council, the office of state public defender, private attorneys who defend persons in actions related to maintaining motor vehicle insurance, victims of persons driving without insurance, persons who were convicted of driving without insurance, the department of revenue, and criminal justice reform organizations in Colorado. Upon approval of the executive committee of the legislative council, the committee may hold hearings away from the capitol as part of the study.

(c) The committee may make recommendations to the general assembly concerning the appropriate penalty for failing to maintain insurance and present evidence of insurance to a requesting officer. If the committee recommends legislation, the legislation is treated as legislation recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly. If the committee does not recommend legislation, the committee shall report to the general assembly, in writing, the findings of its study and any recommendations of the committee. The written findings and recommendations may be included in the committee's final report made following its work during the 2024 legislative interim.

(d) This subsection (2.3) is repealed, effective July 1, 2025.

(2.5)

(a) Effective January 1, 2001, the committee shall be comprised of the members of the transportation and energy committee of reference of the house of representatives and the members of the transportation committee of reference of the senate. The chairman of the senate transportation committee shall be the chairman in even-numbered years and vice-chairman in odd-numbered years. The chairman of the house transportation and energy committee shall be chairman in odd-numbered years and vice-chairman in even-numbered years.

(b) The members of the respective committees of reference shall receive the usual per diem and necessary travel and subsistence expenses as provided for members of the general assembly who attend interim committee meetings pursuant to section 2-2-307, C.R.S.

(3) and (4) Repealed.

(5) The legislative council staff shall be made available to assist the committee in carrying out its duties pursuant to this section.

(6) to (11) Repealed.

C.R.S. § 43-2-145

Amended by 2024 Ch. 208,§ 2, eff. 5/20/2024.

Amended by 2023 Ch. 193,§ 1, eff. 8/7/2023.

Amended by 2020 Ch. 70, §16, eff. 9/14/2020.

Amended by 2020 Ch. 200, §13, eff. 6/30/2020.

Amended by 2019 Ch. 239, §5, eff. 8/2/2019.

Amended by 2019 Ch. 202, §2, eff. 8/2/2019.

Amended by 2015 Ch. 339, §2, eff. 8/5/2015.

Amended by 2015 Ch. 189, §1, eff. 5/13/2015.

L. 53: p. 531, § 45. CRS 53: § 120-13-45. C.R.S. 1963: § 120-13-45. L. 86: Entire section amended, p. 427, § 68, effective March 26; entire section R&RE, p. 1133, § 10, effective July 1. L. 87: (1.5) added, p. 1856, § 3, effective August 27. L. 88: (1.6) added, p. 1387, § 13, effective July 1. L. 89, 1st Ex. Sess.: (1.8) added, p. 62, § 17, effective August 1. L. 90: (1) amended and (6) repealed, pp. 1826, 1827, §§ 1, 2, effective March 13. L. 91: (1) amended, p. 1107, § 151, effective July 1. L. 94: (1) amended, p. 621, § 1, effective April 14; (7) added, p. 1388, § 4, effective May 25. L. 97: (1.9) added, p. 499, § 4, effective August 6. L. 2000: (2), (3), and (4) amended and (2.5) added, p. 116, § 4, effective March 15. L. 2001: (1.3) added, p. 298, § 1, effective August 8. L. 2005: (1.6) and (1.8) repealed, p. 291, § 47, effective August 8; (1.9) amended, p. 1069, § 18, effective 1/1/2006. L. 2007: (1.3)(b) amended, p. 2050, § 104, effective June 1; (1) amended, p. 341, § 1, effective August 3. L. 2009: (1)(d) added, (SB 09-228), ch. 2264, p. 2264, § 15, effective July 1; (8) added, (HB 09-1230), ch. 1067, p. 1067, § 3, effective August 5. L. 2010: (1)(b) and (1.3)(b) amended, (SB 10-213), ch. 1765, p. 1765, § 14, effective June 7. L. 2011: (1.5) amended, (HB 11 -1118), ch. 228, p. 228, §2, effective March 31. L. 2015: (1)(e) added, (HB 15-1173), ch. 626, p. 626, § 1, effective May 13; (9) added, (HB 15-1316), ch. 1377, p. 1377, § 2, effective August 5. L. 2019: (10) added, (HB 19-1023), ch. 2365, p. 2365, § 5, effective August 2; (11) added, (HB 19-1207), ch. 2173, p. 2173, § 2, effective August 2. L. 2020: (1)(b) amended, (SB 20-214), ch. 984, p. 984, § 13, effective June 30; (1)(d) and (9) repealed, (SB 20 -136), ch. 285, p. 285, § 16, effective September 14.

(1) Subsection (7)(b) provided for the repeal of subsection (7), effective July 1, 1995. (See L. 94, p. 1388.)

(2) Subsection (2)(d) provided for the repeal of subsection (2), subsection (3)(b) provided for the repeal of subsection (3), and subsection (4)(b) provided for the repeal of subsection (4), effective January 1, 2001. (See L. 2000, p. 116 .)

(3) Subsection (8)(c) provided for the repeal of subsection (8), effective July 1, 2010. (See L. 2009, p. 1067.)

(4) Subsection (1)(e)(II) provided for the repeal of subsection (1)(e), effective September 1, 2016. (See L. 2015, p. 626.)

(5) Subsections (10)(b) and (11)(b) provided for the repeal of subsections (10) and (11), respectively, effective July 1, 2020. (See L. 2019, pp. 2173, 2365.)

(6) Subsection (1)(b)(II)(B) provided for the repeal of subsection (1)(b)(II), effective July 1, 2021. (See L. 2020, p. 984.)

2023 Ch. 193, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

For the legislative declaration contained in the 2005 act amending subsection (1.9), see section 1 of chapter 269, Session Laws of Colorado 2005. For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.