SB01-023

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	The Amendment to the Bill	Bill in Microsoft Word Format
	First Regular Session Sixty-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 01-0382.01 Duane Gall SENATE BILL 01-023 SENATE SPONSORSHIP Cairns HOUSE SPONSORSHIP (None) Senate Committees House Committees Public Policy and Planning A BILL FOR AN ACT CONCERNING MEASURES TO INCREASE THE EFFICIENCY OF COLORADO'S TRANSPORTATION SYSTEM, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Declares that promotion of courteous driving, better-informed drivers, and allowing for-profit car pools to increase ridership will enhance the efficiency of Colorado's transportation system. Creates a system under which courteous driving credits may be awarded to drivers for specified courteous behaviors, including yielding to merging traffic and giving leeway to pedestrians, bicyclists, and other lawful users of the roadway and adjacent areas. Directs the department of revenue to accept citizen reports of courteous behavior and follow up with a verification form to be signed by the registered owner of the vehicle that was the subject of the report. Authorizes, but does not require, peace officers to report instances of courteous behavior. Allows a maximum credit of 4 points to be applied to a driver's accumulated point total. Disallows the use of courteous driving credits to affect or prevent a license suspension proceeding already in progress or to avoid criminal prosecution. Extends the existing regulatory exemption for ridesharing arrangements to allow private, for-profit car pooling, subject to safety and insurance requirements applicable to other deregulated transportation services. Requires trucks exceeding 10,000 pounds gross vehicle weight ("heavy trucks") to observe the existing prohibition on obstructing the left lane of a multi-lane road, and allows additional penalties for the drivers of such vehicles who violate the prohibition. Authorizes the department of transportation to include notice of this prohibition in its signage. Creates the traffic offense of aggressive driving, which is the commission of 2 or more of the following offenses in or about the same event: • Speeding 10 miles per hour over the posted speed limit; • Following too closely; • Failing to obey a traffic control device; • Improper passing, including passing on the shoulder; • Failing to give or observe an appropriate directional signal; • Failing to yield the right-of-way; • Making an unsafe lane change; • Impeding traffic; or • Operating a motor vehicle in a manner intended or designed to harass, annoy, or alarm another driver. Creates a class C traffic offense for aggressive driving and for obstruction of traffic by the driver of a heavy truck. Limits the penalties to a fine of not less than $300 up to $1,500 with a $2 surcharge, with additional penalties for repeat offenses. Earmarks fines for designated cash funds to finance public information and education programs. Directs the department of transportation to collect and disseminate information on daily and hourly traffic volume, scheduled construction, and lane closures via internet sites, 24-hour telephone lines, and other means so as to enable an individual to determine the most efficient route to travel at a particular time or the most efficient time to travel on a particular route, and allow employers to more efficiently schedule their employees' commute times. In provisions granting supervisory authority over highway construction to the chief engineer in the department of transportation, gives priority to contract terms limiting multi-lane closures to nighttime hours except on weekends. Encourages the use of out-of-state consultants to bring different perspectives and experience from other growth areas of the nation into the transportation planning process. Makes an appropriation. Be it enacted by the General Assembly of the State of Colorado: SECTION 10 Legislative declaration. (1) The general assembly finds, determines, and declares that: (a) Traffic congestion and "road rage" are growing problems in Denver and other metropolitan areas of Colorado; (b) These problems are not likely to go away on their own; (c) A comprehensive approach, involving both incentives and disincentives and treating root causes rather than symptoms, is most likely to succeed in minimizing, if not completely eliminating, these problems in the short term; and (d) Promoting more courteous driving, better informing drivers about traffic conditions, and allowing for-profit carpools to reduce the number of single-occupant vehicles will enhance the efficiency of Colorado's transportation system by reducing the number of vehicles on the roads at any one time and smoothing traffic flow, particularly at periods of peak traffic volume. SECTION 20 Part 1 of article 2 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 42-2-127.3. Credit points for courteous driving. (1) THE NUMBER OF POINTS ASSESSED AGAINST A DRIVER'S OR MINOR DRIVER'S LICENSE PURSUANT TO SECTION 42-2-127 MAY BE REDUCED, ON THE BASIS OF OBSERVED AND DOCUMENTED COURTEOUS BEHAVIOR, IN ACCORDANCE WITH THIS SECTION. (2) COURTEOUS DRIVING CREDITS SHALL BE AWARDED IN TWO-POINT INCREMENTS, UP TO A MAXIMUM ACCUMULATION OF FOUR POINTS EQUIVALENT CREDIT WITHIN ANY EIGHTEEN-MONTH PERIOD. (3) COURTEOUS DRIVING CREDITS MAY BE AWARDED FOR COURTEOUS DRIVING, WHICH SHALL INCLUDE BUT IS NOT LIMITED TO THE FOLLOWING: (a) SLOWING TO ALLOW A MERGING VEHICLE TO ENTER A CONGESTED LANE OF TRAFFIC; (b) STOPPING, WHEN IT IS SAFE AND REASONABLE TO DO SO, TO ALLOW A VEHICLE TO ENTER FROM A DRIVEWAY OR CROSS STREET; (c) ALERTING ANOTHER DRIVER TO THE FACT THAT THE OTHER DRIVER HAS A LOW TIRE OR OTHER MECHANICAL PROBLEM OF WHICH THE OTHER DRIVER MAY NOT BE AWARE; (d) GIVING EXTRA ROOM OR TIME TO A PEDESTRIAN, BICYCLIST, MOTORCYCLIST, OR OTHER LAWFUL OCCUPANT OF THE ROADWAY OR ADJACENT AREAS; AND (e) MAKING USE OF SLOW VEHICLE TURNOFFS ON MOUNTAIN ROADS TO AVOID OBSTRUCTING TRAFFIC. (4) THE DEPARTMENT OF PUBLIC SAFETY IS AUTHORIZED TO ACCEPT CITIZEN REPORTS THROUGH EXISTING OR NEWLY CREATED TELEPHONE NUMBERS AND PAPER FORMS FOR PURPOSES OF THIS SECTION. INFORMATION FROM SUCH REPORTS SHALL BE RELAYED TO THE DEPARTMENT OF REVENUE, WHICH SHALL SEND THE REGISTERED OWNER OF THE VEHICLE INVOLVED A WRITTEN NOTICE OF THE REPORT AND A VERIFICATION FORM TO SIGN UNDER OATH, EITHER CONFIRMING THAT THE REGISTERED OWNER WAS DRIVING THE VEHICLE AT THE TIME OF THE REPORT OR INDICATING WHO THE DRIVER OF THE VEHICLE WAS AT THE TIME. NO COURTEOUS DRIVING CREDITS SHALL BE AWARDED TO A PERSON WHO DOES NOT SIGN AND RETURN SUCH VERIFICATION FORM TO THE DEPARTMENT OF REVENUE. THE VERIFICATION FORM SHALL CONTAIN A WARNING THAT AN INTENTIONAL FALSE DESIGNATION OF THE PERSON WHO EARNED THE COURTEOUS DRIVING CREDIT CONSTITUTES PERJURY IN THE SECOND DEGREE AND IS PUNISHABLE BY A FINE OF FIVE HUNDRED TO FIVE THOUSAND DOLLARS, IMPRISONMENT FOR SIX TO EIGHTEEN MONTHS, OR BOTH SUCH FINE AND SUCH IMPRISONMENT. (5) ANY PEACE OFFICER IS AUTHORIZED TO CONTACT A DRIVER OR MINOR DRIVER FOR PURPOSES OF ISSUING COURTEOUS DRIVING CREDITS, BUT IS NOT OBLIGATED TO DO SO. NO VERIFICATION FORM SHALL BE REQUIRED IF CREDITS ARE PERSONALLY ISSUED BY A PEACE OFFICER. (6) (a) COURTEOUS DRIVING CREDITS SHALL APPLY TO NEGATE AN EQUIVALENT NUMBER OF POINTS ASSESSED AGAINST THE DRIVER'S OR MINOR DRIVER'S LICENSE OF THE PERSON AWARDED THE CREDITS. A PERSON WITH NO POINTS ACCUMULATED AT THE TIME OF RECEIVING THE CREDITS SHALL HAVE THE BENEFIT OF THE CREDITS IF POINTS ARE ASSESSED AGAINST HIS OR HER LICENSE WITHIN EIGHTEEN MONTHS AFTER RECEIVING THE CREDITS. (b) COURTEOUS DRIVING CREDITS SHALL BE EFFECTIVE ON THE DATE OF ISSUANCE, IF PERSONALLY ISSUED BY A PEACE OFFICER, OR ON THE DATE OF RECEIPT BY THE DEPARTMENT OF REVENUE OF THE SIGNED VERIFICATION FORM IN ALL OTHER CASES; EXCEPT THAT COURTEOUS DRIVING CREDITS SHALL NOT AFFECT OR PREVENT ANY LICENSE SUSPENSION PROCEEDING THAT HAS COMMENCED ON OR BEFORE SUCH DATE. (c) COURTEOUS DRIVING CREDITS SHALL NOT AFFECT OR PREVENT: (I) ANY LICENSE SUSPENSION OR REVOCATION PROCEEDING FOR ANY REASON OTHER THAN THE ACCUMULATION OF POINTS PURSUANT TO SECTION 42-2-127; OR (II) ANY CIVIL OR CRIMINAL PROCEEDING OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PROSECUTION UNDER PART 2 OF THIS ARTICLE. SECTION 30 40-16-101 (4), Colorado Revised Statutes, is amended, and the said 40-16-101 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 40-16-101. Definitions. As used in this article, unless the context otherwise requires: (4) "Motor vehicle carrier exempt from regulation as a public utility" means persons who offer services as property carriers by motor vehicle or who offer charter or scenic buses, luxury limousines, off-road scenic charters, PRIVATE CARPOOLS, and children's activity bus services. (6.4) "PRIVATE CARPOOL" MEANS NONSCHEDULED, NONLIVERY, AND NONDISPATCHED PERSONAL TRANSPORTATION USING A VEHICLE OWNED BY THE DRIVER AND HAVING A PASSENGER SEATING CAPACITY OF FOURTEEN OR LESS. SECTION 40 40-16-104 (1) (c), Colorado Revised Statutes, is amended to read: 40-16-104. Insurance requirements. (1) Each motor vehicle carrier exempt from regulation as a public utility shall maintain a general liability insurance policy, or, if such carrier is a public entity, a certificate of self-insurance in lieu thereof, issued pursuant to section 42-7-501, C.R.S., at the option of the public entity. Such an insurance policy shall be issued by some insurance carrier or insurer authorized to do business in Colorado for each motor vehicle of such carrier, and such certificate of self-insurance shall be issued by the executive director of the department of revenue. For those motor vehicle carriers exempt from regulation as public utilities specified in paragraphs (a) to (f) of this subsection (1), such liability insurance shall be in the following minimum amounts: (c) For off-road scenic charters AND PRIVATE CARPOOLS, a minimum amount of one million dollars combined single limit liability; SECTION 50 Article 16 of title 40, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 40-16-102.7. Private carpools - operational requirements. PRIVATE CARPOOL SERVICE SHALL BE PROVIDED ON A PREARRANGED BASIS ONLY. A VEHICLE USED IN PRIVATE CARPOOL SERVICE SHALL CARRY CLEARLY LEGIBLE PLACARDS, LOCATED NEAR THE LOWER EDGE OF THE FRONT WINDOW ON EACH SIDE OF THE VEHICLE, STATING, "NOT FOR PUBLIC HIRE - PRIVATE HIRE ONLY". THE FACT THAT A PRIVATE CARPOOL OPERATOR STATIONS EQUIPMENT AT AN AIRPORT, IN FRONT OF OR ACROSS THE STREET FROM A HOTEL OR MOTEL, OR WITHIN ONE HUNDRED FEET OF A RECOGNIZED TAXICAB STAND SHALL CONSTITUTE PRIMA FACIE EVIDENCE THAT THE OPERATOR IS OPERATING AN ILLEGAL TAXICAB SERVICE. SECTION 60 42-4-1103 (2) and (5), Colorado Revised Statutes, are amended to read: 42-4-1103. Minimum speed regulation. (2) (a) Whenever the department of transportation or local authorities within their respective jurisdictions determine, on the basis of an engineering and traffic investigation as described in the state traffic control manual, that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, said department or such local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle, except when necessary for safe operation or in compliance with law. (b) THE DEPARTMENT OF TRANSPORTATION AND LOCAL AUTHORITIES ARE AUTHORIZED TO DETERMINE THOSE PORTIONS OF ANY HIGHWAY UNDER THEIR RESPECTIVE JURISDICTIONS WHERE, REGARDLESS OF THE POSTED MINIMUM OR MAXIMUM SPEED LIMIT, VIOLATIONS OF THIS SECTION WOULD BE ESPECIALLY HAZARDOUS OR DETRIMENTAL TO EFFICIENT TRAFFIC FLOW AND MAY BY APPROPRIATE SIGNS OR MARKINGS ON THE ROADWAY INDICATE THAT IMPEDANCE OF REASONABLE TRAFFIC FLOW IS PROHIBITED AND THAT VIOLATION BY DRIVERS OF HEAVY TRUCKS IS SUBJECT TO ENHANCED PENALTIES. (5) (a) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (5), any person who violates any provision of this section commits a class A traffic infraction. (b) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION WHILE DRIVING A TRUCK HAVING A GROSS VEHICLE WEIGHT IN EXCESS OF TEN THOUSAND POUNDS COMMITS A CLASS C TRAFFIC INFRACTION. SECTION 70 Part 14 of article 4 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 42-4-1415. Aggressive driving - cash fund. (1) ANY PERSON WHO COMMITS TWO OR MORE OF THE FOLLOWING OFFENSES IN A SINGLE ACT OR SERIES OF ACTS IN A SINGLE EPISODE AND WHO THEREBY CREATES A RISK TO ANOTHER MOTOR VEHICLE MAY BE CITED WITH AGGRESSIVE DRIVING: (a) EXCEEDING THE POSTED SPEED LIMIT, AS SET FORTH IN SECTION 42-4-1101, BY TEN OR MORE MILES PER HOUR; (b) FOLLOWING TOO CLOSELY, AS SET FORTH IN SECTION 42-4-1008; (c) FAILING TO OBEY AN OFFICIAL TRAFFIC CONTROL DEVICE, AS SET FORTH IN SECTIONS 42-4-603 AND 42-4-1007; (d) IMPROPER PASSING ON THE RIGHT OR LEFT SHOULDER OF THE ROAD OR IN DESIGNATED NO-PASSING ZONES OR CLOSED LANES, AS SET FORTH IN SECTIONS 42-4-1004 AND 42-4-1007; (e) FAILING TO GIVE AN APPROPRIATE SIGNAL, AS SET FORTH IN SECTION 42-4-903, OR YIELD TO A VEHICLE GIVING AN APPROPRIATE SIGNAL; (f) FAILING TO YIELD THE RIGHT-OF-WAY, AS SET FORTH IN SECTIONS 42-4-701 TO 42-4-704; (g) MAKING AN UNSAFE LANE CHANGE, AS SET FORTH IN SECTIONS 42-4-903 AND 42-4-1007; (h) IMPEDING TRAFFIC, AS SET FORTH IN SECTION 42-4-1103; OR (i) OPERATING A MOTOR VEHICLE IN A MANNER INTENDED TO HARASS, ANNOY, OR ALARM ANOTHER DRIVER, INCLUDING BUT NOT LIMITED TO: (I) CONTINUOUSLY OR REPEATEDLY HONKING THE HORN OF A MOTOR VEHICLE; (II) CONTINUOUSLY OR REPEATEDLY FLASHING THE HEADLIGHTS OF A MOTOR VEHICLE; (III) MAKING OBSCENE GESTURES; OR (IV) VERBALLY INSULTING ANOTHER DRIVER OR PEDESTRIAN. (2) (a) AGGRESSIVE DRIVING IS A CLASS C TRAFFIC INFRACTION. A PERSON CONVICTED OF AGGRESSIVE DRIVING SHALL BE ASSESSED A FINE PURSUANT TO SECTION 42-4-1701 (3) AND (4). (b) ANY PERSON CONVICTED OF A SECOND VIOLATION OF PARAGRAPH (a) OF THIS SUBSECTION (2) COMMITTED WITHIN A FIVE-YEAR PERIOD SHALL BE SUBJECT TO AN INCREASED PENALTY PURSUANT TO SECTION 42-4-1701 (4) (a) (I) (N). (c) ANY PERSON CONVICTED OF A THIRD OR SUBSEQUENT VIOLATION OF THIS SECTION COMMITTED WITHIN A FIVE-YEAR PERIOD SHALL BE SUBJECT TO AN INCREASED PENALTY PURSUANT TO SECTION 42-4-1701 (4) (a) (I) (N). (3) (a) (I) FIFTY PERCENT OF THE FINES COLLECTED FOR AGGRESSIVE DRIVING SHALL BE TRANSFERRED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE AGGRESSIVE DRIVING CASH FUND, WHICH FUND IS HEREBY CREATED. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY OR THE EXECUTIVE DIRECTOR'S DESIGNEE SHALL MAKE GRANTS CONSISTENT WITH THIS SECTION. MONEYS IN THE AGGRESSIVE DRIVING CASH FUND SHALL BE USED TO PROVIDE GRANTS TO LAW ENFORCEMENT AGENCIES OR NONPROFIT COMMUNITY ORGANIZATIONS FOR EDUCATION AND AWARENESS PROGRAMS CONCERNING AGGRESSIVE DRIVING. ANY MONEYS NOT PROVIDED AS GRANTS TO LAW ENFORCEMENT AGENCIES OR NONPROFIT COMMUNITY ORGANIZATIONS MAY BE INVESTED BY THE STATE TREASURER AS PROVIDED IN SECTION 24-36-113, C.R.S. ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE AGGRESSIVE DRIVING CASH FUND SHALL BE CREDITED TO THE FUND. ANY AMOUNT REMAINING IN THE AGGRESSIVE DRIVING CASH FUND AT THE END OF ANY FISCAL YEAR SHALL REMAIN IN THE AGGRESSIVE DRIVING CASH FUND AND SHALL NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR TO ANY OTHER FUND. (II) UP TO ONE PERCENT ANNUALLY OF THE MONEYS IN THE AGGRESSIVE DRIVING CASH FUND MAY BE USED FOR THE EXPENSES INCURRED BY THE DEPARTMENT OF PUBLIC SAFETY IN ADMINISTERING THIS SECTION. (b) BEGINNING WITH THE 2001-02 FISCAL YEAR, AND FOR EACH FISCAL YEAR THEREAFTER SO LONG AS THE STATE RECEIVES MONEYS FROM FINES FOR AGGRESSIVE DRIVING, MONEYS IN THE AGGRESSIVE DRIVING CASH FUND SHALL BE CONTINUOUSLY APPROPRIATED TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, WHO SHALL MAKE GRANTS TO LAW ENFORCEMENT AGENCIES OR NONPROFIT COMMUNITY ORGANIZATIONS FOR EDUCATION AND AWARENESS PROGRAMS PERTAINING TO AGGRESSIVE DRIVING. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL ESTABLISH REASONABLE CRITERIA FOR THE AWARDING OF GRANTS AND FOR THE CONTENT OF GRANT APPLICATIONS FOR AGGRESSIVE DRIVING AWARENESS AND EDUCATION PROGRAMS. (4) (a) (I) FIFTY PERCENT OF THE FINES COLLECTED FOR AGGRESSIVE DRIVING SHALL BE TRANSFERRED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE TRAFFIC EFFICIENCY CASH FUND, WHICH FUND IS HEREBY CREATED. OF THE TOTAL AMOUNT OF MONEYS IN THE TRAFFIC EFFICIENCY CASH FUND, UP TO EIGHTY PERCENT SHALL BE USED TO SUPPLEMENT THE MONEYS AVAILABLE FOR CONSTRUCTION CONTRACTS SUPERVISED BY THE CHIEF ENGINEER THAT MEET THE CRITERIA SET FORTH IN SECTION 43-1-223 (2), C.R.S., AND AT LEAST TWENTY PERCENT SHALL BE USED TO PURCHASE AND POST ELECTRONIC INFORMATION SIGNS PURSUANT TO SECTION 43-1-115 (3), C.R.S. ANY MONEYS NOT SO USED MAY BE INVESTED BY THE STATE TREASURER AS PROVIDED IN SECTION 24-36-113, C.R.S. ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE TRAFFIC EFFICIENCY CASH FUND SHALL BE CREDITED TO THE FUND. ANY AMOUNT REMAINING IN THE TRAFFIC EFFICIENCY CASH FUND AT THE END OF ANY FISCAL YEAR SHALL REMAIN IN THE TRAFFIC EFFICIENCY CASH FUND AND SHALL NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR TO ANY OTHER FUND. (II) UP TO ONE PERCENT ANNUALLY OF THE MONEYS IN THE TRAFFIC EFFICIENCY CASH FUND MAY BE USED FOR THE EXPENSES INCURRED BY THE DEPARTMENT OF TRANSPORTATION IN ADMINISTERING THIS SECTION. (b) BEGINNING WITH THE 2001-02 FISCAL YEAR, AND FOR EACH FISCAL YEAR THEREAFTER SO LONG AS THE STATE RECEIVES MONEYS FROM FINES FOR AGGRESSIVE DRIVING, MONEYS IN THE TRAFFIC EFFICIENCY CASH FUND SHALL BE CONTINUOUSLY APPROPRIATED TO THE DEPARTMENT OF TRANSPORTATION FOR THE PURPOSES SPECIFIED IN THIS SECTION. SECTION 80 42-4-1701 (3) (a) (I), the introductory portion to 42-4-1701 (4) (a) (I), and 42-4-1701 (4) (a) (I) (L) and (4) (a) (I) (N), Colorado Revised Statutes, are amended to read: 42-4-1701. Traffic offenses and infractions classified - penalties - penalty and surcharge schedule. (3) (a) (I) Except as provided in subsections (4) and (5) of this section, traffic infractions are divided into two THREE classes. which THE RESPECTIVE CLASSES shall be subject to the following penalties, which are authorized upon entry of judgment against the defendant: Class Minimum Maximum Penalty Penalty A $15 penalty. $100 penalty. B $15 penalty. $100 penalty. C $300 PENALTY. $1,500 PENALTY. (4) (a) (I) Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which the provisions of paragraph (a) or (b) of subsection (5) of this section apply shall be fined or penalized, and have a surcharge levied thereon pursuant to section 24-4.2-104 (1) (b) (I), C.R.S., in accordance with the penalty and surcharge schedule set forth in sub-subparagraphs (A) to (P) of this subparagraph (I); or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions shall be fifteen dollars, THE PENALTY FOR A CLASS C TRAFFIC INFRACTION SHALL BE THREE HUNDRED DOLLARS, and the surcharge shall be two dollars. These penalties and surcharges shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections shall be as follows: Section Violated Penalty Surcharge (L) Speeding violations: 42-4-1101 (1) or (8)(b) (1 to 4 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) $ 15.00 $ 2.00 42-4-1101 (1) or (8)(b) (5 to 9 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) 35.00 4.00 42-4-1101 (1) or (8)(b) (10 to 19 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) 50.00 6.00 42-4-1101 (1) or (8)(b) (20 to 24 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) 100.00 12.00 42-4-1101 (3) 35.00 4.00 42-4-1103 15.00 2.00 42-4-1103 WHILE DRIVING A TRUCK HAVING A GVW IN EXCESS OF 10,000 LBS. 300.00 12.00 42-4-1104 15.00 2.00 (N) Other offenses: 42-4-1301 (2)(a.5) $ 50.00 $ 6.00 42-4-1402 50.00 6.00 42-4-1403 15.00 2.00 42-4-1404 15.00 2.00 42-4-1406 35.00 4.00 42-4-1407 35.00 4.00 42-4-314 35.00 4.00 42-4-1408 15.00 2.00 42-4-1414 (2)(a) 500.00 60.00 42-4-1414 (2)(b) 1,000.00 120.00 42-4-1414 (2)(c) 5,000.00 600.00 42-4-1415 (2)(b) 2,000.00 2.00 42-4-1415 (2)(c) 3,000.00 2.00 SECTION 9. 43-1-115, Colorado Revised Statutes, is amended to read: 43-1-115. Transportation data collection. (1) (a) The transportation development division shall compile and maintain consistent information concerning the condition of the streets, roads, highways, and other transportation systems of this state. Such information shall be obtained from data available to the division, counties, and municipalities and shall be obtained from the appropriate personnel of the transportation development division, the governmental officials of any county or municipality in the state, or any other person deemed appropriate by the transportation development division. SUCH INFORMATION SHALL INCLUDE SCHEDULED CONSTRUCTION, LANE CLOSURES, AND DAILY AND HOURLY TRAFFIC VOLUME OR VEHICLE COUNT FIGURES FOR MAJOR THOROUGHFARES, INTERSECTIONS, AND OVERPASSES SO AS TO ENABLE AN INDIVIDUAL TO DETERMINE THE MOST EFFICIENT ROUTE TO TRAVEL AT A PARTICULAR TIME OR THE MOST EFFICIENT TIME TO TRAVEL ON A PARTICULAR ROUTE, AND TO ALLOW EMPLOYERS TO MORE EFFICIENTLY SCHEDULE THEIR EMPLOYEES' TRAVEL AND COMMUTING TIMES. (b) The transportation development division, after consultation with representatives of municipalities and counties, shall establish and disseminate a uniform method of reporting such THE information DESCRIBED IN THIS SUBSECTION (1). (2) The information obtained pursuant to subsection (1) of this section shall be: (a) Reported annually in conjunction with the reports required to be submitted pursuant to sections 43-2-120 (5) and 43-2-132 (5); AND (b) PUBLICIZED AS WIDELY AS IS FEASIBLE USING PUBLICLY ACCESSIBLE INTERNET SITES, TELEPHONE ACCESS LINES THAT ARE AVAILABLE TWENTY-FOUR HOURS PER DAY, ELECTRONIC INFORMATION SIGNS, VOLUNTARY DISSEMINATION VIA PRIVATE-SECTOR PRINT OR BROADCAST MEDIA, OR OTHER MEANS. (3) THE TRANSPORTATION DEVELOPMENT DIVISION SHALL PURCHASE AND POST ELECTRONIC INFORMATION SIGNS AT SITES OF FREQUENT TRAFFIC CONGESTION, FREQUENT TRAFFIC ACCIDENTS, OR FREQUENT OCCURRENCES OF REPORTED DRIVER DISCOURTESY OR VIOLATIONS OF TRAFFIC LAWS. SECTION 10. 43-1-223, Colorado Revised Statutes, is amended to read: 43-1-223. Supervision of construction. (1) If, as the result of any agreement made by the department of transportation on behalf of the state and any branch of the federal government, there is undertaken actual construction or improvement of highways in the state, the letting of contracts and preparation and approval of specifications and plans, together with supervision of construction, shall, on behalf of the state, be under the direct control of the chief engineer, subject to the terms of the agreement so made. No agreement or contract shall be made which requires the expenditure of funds greater than that included in the budget for the current fiscal year plus additional advances from the federal government and from private investors made after the date of the budget. (2) THE CHIEF ENGINEER SHALL GIVE PRIORITY TO, AND SHALL ENFORCE, CONTRACTS SPECIFYING THAT: (a) TEMPORARY OR MAKESHIFT LANES SHALL BE CREATED WHENEVER POSSIBLE; (b) NO MORE THAN ONE EXISTING TRAFFIC LANE OF ANY HIGHWAY SHALL BE CLOSED BETWEEN THE HOURS OF 6 A.M. AND 7 P.M. ON A WEEKDAY; AND (c) IF TWO OR MORE EXISTING TRAFFIC LANES ARE TO BE CLOSED, WHETHER ON A WEEKDAY OR WEEKEND DAY, THERE SHALL BE AT LEAST ONE PORTABLE, ELECTRONIC INFORMATION SIGN ERECTED AT THE SITE TO GIVE ADVANCE NOTICE OF SUCH CLOSURES FOR AT LEAST SEVENTY-TWO HOURS BEFORE THE CLOSURES TAKE PLACE. SECTION 11. 43-1-1103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 43-1-1103. Transportation planning. (7) TO THE EXTENT FEASIBLE, THE DEPARTMENT SHALL SOLICIT THE VIEWS OF OUT-OF-STATE CONSULTANTS SO AS TO OBTAIN THE BENEFIT OF DIFFERENT PERSPECTIVES AND EXPERIENCE FROM OTHER HIGH-GROWTH AREAS OF THE NATION. IN PARTICULAR, THE DEPARTMENT SHALL SEEK ALTERNATIVE DESIGNS THAT MINIMIZE THE NEED FOR ADDITIONAL LANE CONSTRUCTION ON EXISTING THOROUGHFARES OR THE CONDEMNATION OF ADDITIONAL RIGHTS-OF-WAY. SECTION 12. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, for the fiscal year beginning July 1, 2001, the sum of _____ dollars ($ ) and _____ FTE, or so much thereof as may be necessary, for the implementation of this act. Of such sum, _____ dollars ($ ) and _____ FTE, or so much thereof as may be necessary, is appropriated to the department of revenue; _____ dollars ($ ) and _____ FTE, or so much thereof as may be necessary, is appropriated to the department of public safety; and _____ dollars ($ ) and _____ FTE, or so much thereof as may be necessary, is appropriated to the department of transportation. SECTION 13. Effective date - applicability. (1) This act shall take effect August 15, 2001, unless a referendum petition is filed during the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. (2) The provisions of this act shall apply to acts committed on or after the applicable effective date of this act. Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute.