House Bill 25-1303 Reengrossed

A Bill for an Act

• Page 1, Line 101Concerning the creation of an enterprise in the department

• Page 1, Line 102of transportation to provide funding for

• Page 1, Line 103transportation system enhancements that lower

• Page 1, Line 104automobile insurance costs by reducing the number of

• Page 1, Line 105collisions that involve a motor vehicle.

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.)

Section 1 of the bill creates the crash prevention enterprise (enterprise) in the department of transportation (CDOT) for the purpose of lowering automobile insurance costs by providing funding for transportation system infrastructure improvements and other data-driven strategies that reduce the number of collisions that involve a motor vehicle, particularly collisions between a motor vehicle and a vulnerable road user or wildlife (eligible projects). Beginning January 1, 2026, the enterprise is authorized to impose a crash prevention fee (fee) of up to a specified maximum amount on the policyholder of each automobile insurance policy issued in the state on a per-policy basis. Each insurer that issues an automobile insurance policy must collect the fee from the policyholder and pay the fee to the enterprise.

The specified maximum amount of the fee adjusts annually on July 1, 2027, and on each July 1 thereafter for inflation, as measured by the rolling 5-year average of the national highway construction cost index published by the federal highway administration in the United States department of transportation. Fee revenue is credited to a newly created crash prevention enterprise fund (fund) and continuously appropriated to the enterprise.

The enterprise is authorized to expend 80% of its available revenue to issue grants to eligible entities, which are local governments, state or federally recognized tribal entities, public entities that are not part of the state, and private entities, for eligible projects that reduce motor vehicle collisions with vulnerable road users, as defined by the bill, and 20% of its available revenue to fund eligible projects that reduce motor vehicle collisions with wildlife.

Section 2 authorizes the division of insurance in the department of regulatory agencies, upon receiving notice from the enterprise of an insurer's failure to collect the fee from its automobile insurance policyholders and pay the fee to the enterprise, to institute an enforcement proceeding and seek specified civil penalties from the insurer.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, add part 16 to article 4 of title 43 as follows:

• Page 2, Line 3PART 16

• CRASH PREVENTION ENTERPRISE

• Page 2, Line 443-4-1601.  Legislative declaration. (1)  The general assembly finds and declares that:

• Page 2, Line 5(a)  Increasing affordability for Coloradans and

• Page 3, Line 1advancing the safety of the transportation system of Colorado is of paramount importance;

• Page 3, Line 2(b)  Collisions that result in roadway fatalities, serious

• Page 3, Line 3injuries, and property damage contribute to rising insurance

• Page 3, Line 4costs. Nationwide, auto insurance average rates have increased

• Page 3, Line 5every year since 2010. The number and severity of collisions

• Page 3, Line 6have also increased, leading to more insurance claims as well as more expensive insurance claims.

• Page 3, Line 7(c)  The national highway traffic safety administration

• Page 3, Line 8estimates that motor vehicle crashes cost American society

• Page 3, Line 9three hundred forty billion dollars in 2019, with insurance

• Page 3, Line 10administration costs making up nine percent of this amount.

• Page 3, Line 11Policyholders not directly involved in crashes pay for roughly

• Page 3, Line 12three-quarters of all crash costs, including through insurance

• Page 3, Line 13premiums. Each fatal crash typically cost ten million dollars

• Page 3, Line 14in medical care, work loss, household productivity, insurance administration, and legal costs.

• Page 3, Line 15(d)  Pedestrian crashes caused seventeen billion six

• Page 3, Line 16hundred million dollars in economic costs in 2019, and bicyclist

• Page 3, Line 17crashes caused five billion six hundred million dollars in

• Page 3, Line 18economic costs. The department reported that pedestrian

• Page 3, Line 19fatalities in Colorado had increased by seventy-seven percent

• Page 3, Line 20between 2018 and 2023 and by one hundred sixty-one percent in

• Page 3, Line 21the last decade. Because pedestrians and bicyclists are more

• Page 3, Line 22vulnerable in the event of a crash, collisions can result in more

• Page 3, Line 23severe injuries and frequent fatalities, which raise insurance

• Page 3, Line 24costs.

• Page 4, Line 1(e)  The insurance company State Farm estimates that

• Page 4, Line 2between 2020 and 2021, over one million one hundred thousand

• Page 4, Line 3insurance claims related to collisions between motor vehicles

• Page 4, Line 4and wildlife were filed in the United States. The NW Insurance

• Page 4, Line 5Council estimates that the average insurance claim for a

• Page 4, Line 6wildlife collision is four thousand one hundred thirty-five

• Page 4, Line 7dollars and sixty-nine cents. According to the Colorado

• Page 4, Line 8wildlife and transportation alliance, sixty-six million three

• Page 4, Line 9hundred thousand dollars is spent annually on medical expenses related to large wildlife collisions.

• Page 4, Line 10(f)  Accordingly, it is in the best interest of the state and

• Page 4, Line 11all Coloradans to reduce collisions that are costly to the state and contribute to rising auto insurance premiums.

• Page 4, Line 12(2)  The general assembly further finds and declares that:

• Page 4, Line 13(a)  Reducing the number of collisions between motor

• Page 4, Line 14vehicles, particularly motor vehicles that enclose occupants,

• Page 4, Line 15and unenclosed vulnerable road users and wildlife would

• Page 4, Line 16reduce expensive insurance claims and improve transportation safety;

• Page 4, Line 17(b)  In addition to causing fatalities and injuries to

• Page 4, Line 18vulnerable road users and occupants of motor vehicles, such

• Page 4, Line 19collisions cause substantial economic losses, including property

• Page 4, Line 20damage and direct costs of emergency response and medical

• Page 4, Line 21treatment, and other economic losses such as medium-term,

• Page 4, Line 22long-term, and permanent impairment from injuries, lost work

• Page 4, Line 23time, increased automobile insurance rates for motor vehicle

• Page 4, Line 24owners, and the value of wildlife struck and impacts to the hunting and recreation economies that wildlife supports;

• Page 5, Line 1(c)  A National Complete Streets Coalition analysis found

• Page 5, Line 2that the safer conditions created by a selection of complete

• Page 5, Line 3streets projects avoided a total of eighteen million one hundred

• Page 5, Line 4thousand dollars in collision and injury costs in one year alone.

• Page 5, Line 5The same coalition found that when West Jefferson, North

• Page 5, Line 6Carolina, invested three hundred thousand dollars in a

• Page 5, Line 7complete streets project, it saved more than two million seven

• Page 5, Line 8hundred thousand dollars in health-care costs in the first year

• Page 5, Line 9alone. Smart Growth America has also estimated that every

• Page 5, Line 10dollar invested into active transportation saves twenty-four dollars in averted medical costs.

• Page 5, Line 11(d)  Accordingly, it is in the best interest of the state and

• Page 5, Line 12all Coloradans to generate additional funding for eligible

• Page 5, Line 13projects, including both targeted transportation system

• Page 5, Line 14infrastructure improvements and other data-driven strategies

• Page 5, Line 15that will reduce the number of collisions between motor vehicles and vulnerable road users.

• Page 5, Line 16(3)  The general assembly further finds and declares that:

• Page 5, Line 17(a)  The department maintains over twenty-three thousand

• Page 5, Line 18miles of highway, and, due to daily and seasonal movement of

• Page 5, Line 19wildlife, nearly four thousand motor vehicle collisions

• Page 5, Line 20involving wildlife in the state are annually reported to law

• Page 5, Line 21enforcement. That number is likely a significant undercount, as,

• Page 5, Line 22for example, the department annually moves an average of five

• Page 5, Line 23thousand nine hundred animals killed in such collisions off the

• Page 5, Line 24roadway.

• Page 6, Line 1(b)  The division of parks and wildlife estimates that two

• Page 6, Line 2percent of Colorado's mule deer does are killed by collisions

• Page 6, Line 3between motor vehicles and wildlife every year, based on

• Page 6, Line 4collared mule deer studies, and this is equal to or greater than

• Page 6, Line 5the total number of such animals harvested each year through

• Page 6, Line 6hunting, without the economic and social benefits that hunting provides;

• Page 6, Line 7(c)  Wildlife crossing structures built within important

• Page 6, Line 8wildlife corridors increase public safety and are highly

• Page 6, Line 9effective at reducing wildlife-vehicle collisions and the costs

• Page 6, Line 10associated with those collisions. For example, the 2016

• Page 6, Line 11Colorado state highway 9 mitigation project reduced collisions

• Page 6, Line 12between motor vehicles and wildlife by ninety-two percent by five years after its construction.

• Page 6, Line 13(d)  There are currently sixty-four successful wildlife

• Page 6, Line 14crossing projects across Colorado. Still, the state, through the

• Page 6, Line 15governor's office, the department, the department of natural

• Page 6, Line 16resources, and other entities, has identified many more priority

• Page 6, Line 17areas in need of mitigation measures that lack the necessary funding to advance through design and construction.

• Page 6, Line 18(e)  In addition to causing injuries and fatalities to

• Page 6, Line 19humans, such collisions are estimated to cost at least eighty

• Page 6, Line 20million dollars annually in the state in property damage and

• Page 6, Line 21direct costs of emergency response and medical treatment, and

• Page 6, Line 22this amount does not include other economic losses such as

• Page 6, Line 23medium-term, long-term, and permanent impairment from

• Page 6, Line 24injuries, lost work time, increased automobile insurance rates

• Page 7, Line 1for motor vehicle owners, or impacts on the health of wildlife populations; and

• Page 7, Line 2(f)  Accordingly, it is in the best interest of the state and

• Page 7, Line 3all Coloradans to generate additional funding for eligible

• Page 7, Line 4projects, including both targeted transportation system

• Page 7, Line 5infrastructure improvements and other data-driven strategies

• Page 7, Line 6that will reduce the number of collisions between motor

• Page 7, Line 7vehicles and wildlife while facilitating wildlife migration and movement.

• Page 7, Line 8(4)  The general assembly further finds and declares that:

• Page 7, Line 9(a)  It is necessary, appropriate, and in the best interest of

• Page 7, Line 10the state and all Coloradans to reduce collisions and improve

• Page 7, Line 11transportation safety by creating the crash prevention

• Page 7, Line 12enterprise as a government-owned business within the

• Page 7, Line 13department and authorizing the enterprise to impose fees on

• Page 7, Line 14each motor vehicle, with specified exclusions, insured under an

• Page 7, Line 15automobile insurance policy issued in the state that are

• Page 7, Line 16reasonably calculated based on the benefits of a safer

• Page 7, Line 17transportation system that the enterprise provides to all fee

• Page 7, Line 18payers, including the specific benefit of reduced automobile

• Page 7, Line 19insurance rates, and use the fee revenue in furtherance of its

• Page 7, Line 20business purpose of providing funding for transportation system

• Page 7, Line 21infrastructure improvements and other data-driven strategies

• Page 7, Line 22that reduce the number of collisions that involve motor

• Page 7, Line 23vehicles and vulnerable road users or wildlife while facilitating wildlife migration and movement;

• Page 7, Line 24(b)  The enterprise provides benefits to all fee payers

• Page 8, Line 1because it provides dedicated funding for transportation system

• Page 8, Line 2infrastructure improvements and data-driven strategies that

• Page 8, Line 3reduce the number of collisions between motor vehicles and

• Page 8, Line 4vulnerable road users or wildlife while facilitating wildlife migration and movement, and, therefore, it:

• Page 8, Line 5(I)  Makes it less likely that any given fee payer's motor vehicle will be involved in such a collision, which:

• Page 8, Line 6(A)  Reduces the risks that the fee payer or other

• Page 8, Line 7operator of the motor vehicle or a passenger in the motor

• Page 8, Line 8vehicle will be killed or injured or that the motor vehicle or

• Page 8, Line 9property in or attached to the motor vehicle will be damaged in such a collision;

• Page 8, Line 10(B)  Reduces the risks that the owner or operator of the

• Page 8, Line 11motor vehicle will be legally liable for the death of or injury

• Page 8, Line 12to such an operator or passenger or the death of or injury to a vulnerable road user or for damage to their property; and

• Page 8, Line 13(C)  Reduces the number of insurance claims, which should, in turn, lower the cost of motor vehicle insurance; and

• Page 8, Line 14(II)  Makes it less likely that a vulnerable road user, who

• Page 8, Line 15in many cases is also a fee payer, will be killed or seriously injured in such an accident;

• Page 8, Line 16(c)  In addition to the direct benefits that it provides to fee

• Page 8, Line 17payers, the enterprise also provides impact remediation services

• Page 8, Line 18when, in exchange for the payment of fees that it imposes on

• Page 8, Line 19automobile insurance policies, it makes the transportation

• Page 8, Line 20system safer specifically for vulnerable road users and wildlife

• Page 8, Line 21and more generally for all road users;

• Page 9, Line 1(d)  As stated by the Colorado court of appeals in TABOR

• Page 9, Line 2Foundation v. Colorado Bridge Enterprise, 353 P.3d 896, 904 (Colo.

• Page 9, Line 3App. 2014), "the term 'business' is generally understood to mean

• Page 9, Line 4an activity that is conducted in the pursuit of benefit, gain, or

• Page 9, Line 5livelihood. An entity that generates revenue by collecting fees from service users is a business."

• Page 9, Line 6(e)  Consistent with the determination of the Colorado

• Page 9, Line 7supreme court in Nicholl v. E-470 Public Highway Authority, 896

• Page 9, Line 8P.2d 859 (Colo. 1995), that the power to impose taxes is

• Page 9, Line 9inconsistent with enterprise status under section 20 of article

• Page 9, Line 10X of the state constitution, it is the conclusion of the general

• Page 9, Line 11assembly that the revenue collected by the enterprise is

• Page 9, Line 12generated by fees, not taxes, because the fees imposed by the

• Page 9, Line 13enterprise on the policyholder of each automobile insurance policy issued in the state as authorized by section 43-4-1603 are:

• Page 9, Line 14(I)  Imposed for the specific purposes of providing direct

• Page 9, Line 15and indirect benefits to fee payers and allowing the enterprise

• Page 9, Line 16to defray the costs of providing the remediation services

• Page 9, Line 17specified in this section, specifically the funding of

• Page 9, Line 18transportation system infrastructure improvements and other

• Page 9, Line 19data-driven strategies that are designed to mitigate the harm

• Page 9, Line 20to vulnerable road users and reduce collisions with wildlife

• Page 9, Line 21that are caused by the operation of the motor vehicles insured

• Page 9, Line 22by the automobile insurance policies on which the fees are

• Page 9, Line 23assessed, and contribute to the implementation of the

• Page 9, Line 24comprehensive regulatory scheme required for the planning,

• Page 9, Line 25funding, development, construction, maintenance, and

• Page 10, Line 1supervision of a sustainable and safe transportation system; and

• Page 10, Line 2(II)  Collected at rates that are reasonably calculated

• Page 10, Line 3based on the direct and indirect benefits provided to and impacts

• Page 10, Line 4caused by fee payers and the costs of providing those benefits and remediating those impacts; and

• Page 10, Line 5(f)  So long as the enterprise qualifies as an enterprise for

• Page 10, Line 6purposes of section 20 of article X of the state constitution, the

• Page 10, Line 7revenue from the fees imposed on insurers that issue automobile

• Page 10, Line 8insurance policies and collected by the enterprise is not state

• Page 10, Line 9fiscal year spending, as defined in section 24-77-102 (17), or state

• Page 10, Line 10revenues, as defined in section 24-77-103.6 (6)(c), and does not

• Page 10, Line 11count against either the state fiscal year spending limit imposed

• Page 10, Line 12by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I).

• Page 10, Line 1343-4-1602.  Definitions.As used in this part 16, unless the context otherwise requires:

• Page 10, Line 14(1)  "Alliance" means the Colorado wildlife and

• Page 10, Line 15transportation alliance established in 2018 as a statewide

• Page 10, Line 16partnership that includes representatives of the department,

• Page 10, Line 17the division of parks and wildlife in the department of natural

• Page 10, Line 18resources created in section 33-9-104 (1), tribal governments,

• Page 10, Line 19federal agencies, and nongovernmental partners representing

• Page 10, Line 20academia, nonprofit organizations, and biological and engineering professionals.

• Page 10, Line 21(2)  "Automobile insurance policy" means both a "policy",

• Page 10, Line 22as defined in section 10-4-601 (10), and any other contract of

• Page 11, Line 1insurance issued in the state that provides one or more of the

• Page 11, Line 2same coverages that a policy for a motor vehicle, as defined in

• Page 11, Line 3section 10-4-601 (6), provides; except that "automobile insurance

• Page 11, Line 4policy" does not include a policy or other contract of insurance

• Page 11, Line 5to the extent that it provides coverage for a motor vehicle that

• Page 11, Line 6weighs twenty-six thousand pounds or more or for a motorcycle.

• Page 11, Line 7(3)  "Board" means the governing board of the enterprise.

• Page 11, Line 8(4)  "Commission" means the transportation commission created in section 43-1-106.

• Page 11, Line 9(5)  "Department" means the department of transportation.

• Page 11, Line 10(6)  "Division" means the division of insurance in the

• Page 11, Line 11department of regulatory agencies established in section 10-1-103.

• Page 11, Line 12(7)  "Eligible entity" means a county, a city and county, a

• Page 11, Line 13municipality, a state or federally recognized tribal entity, a

• Page 11, Line 14public entity other than a public entity that is part of the state,

• Page 11, Line 15as defined in section 24-77-102 (16), or a private entity that is seeking funding from the enterprise for an eligible project.

• Page 11, Line 16(8)  "Eligible project" means a project that improves

• Page 11, Line 17transportation system infrastructure or otherwise implements

• Page 11, Line 18data-driven strategies that reduce the number of collisions

• Page 11, Line 19between motor vehicles and vulnerable road users or wildlife. Eligible projects include:

• Page 11, Line 20(a)  For the purpose of reducing collisions between motor

• Page 11, Line 21vehicles and vulnerable road users:

• (I)  The following project types:

• Page 12, Line 1(A)  Walkways such as sidewalks and shared-use paths;

• Page 12, Line 2(B)  Bicycle lanes, with a preference for bicycle lanes

• Page 12, Line 3that will be developed, designed, and delivered in accordance

• Page 12, Line 4with guidelines and processes set forth in the federal highway administration's bikeway selection guide;

• Page 12, Line 5(C)  Medians and pedestrian refuge islands;

• Page 12, Line 6(D)  Lighting along pedestrian and bicycle facilities, intersections, and crossings;

• Page 12, Line 7(E)  Crossing safety features such as crosswalk visibility

• Page 12, Line 8enhancements, leading pedestrian intervals, pedestrian hybrid beacons, and rectangular rapid flashing beacons;

• Page 12, Line 9(F)  Road diets and other roadway reconfigurations that improve safety;

• Page 12, Line 10(G)  Traffic circles and other traffic calming or speed management devices;

• Page 12, Line 11(H)  The systemic application of multiple low-cost countermeasures at stop-controlled intersections;

• Page 12, Line 12(I)  The implementation of appropriate speed limits for all road users;

• Page 12, Line 13(J)  Speed safety and red light cameras;

• (K)  Corridor access management;

• Page 12, Line 14(L)  Longitudinal rumble strips and stripes; and

• (M)  Trails or paths used for equestrian purposes; and

• Page 12, Line 15(II)  Other vulnerable road user safety projects proposed by eligible entities and approved by the board; and

• Page 12, Line 16(b)  For the purpose of reducing collisions between motor vehicles and wildlife, the following project types:

• Page 13, Line 1(I)  Projects that pay all or a portion of the costs of:

• Page 13, Line 2(A)  Project feasibility studies for and planning, design,

• Page 13, Line 3construction, retrofitting, and maintenance of wildlife road crossing infrastructure;

• Page 13, Line 4(B)  Overpasses and underpasses;

• (C)  Roadkill tracking and studies;

• Page 13, Line 5(D)  Animal detection systems;

• (E)  Signage;

• Page 13, Line 6(F)  Exclusionary fencing;

• (G)  Wildlife jump outs;

• Page 13, Line 7(H)  Wildlife guards or other associated infrastructure; and

• Page 13, Line 8(I)  Support of private land conservation or habitat connectivity enhancement efforts; and

• Page 13, Line 9(II)  The provision of state matching money required by federal grant programs relating to wildlife crossing projects.

• Page 13, Line 10(9)  "Enterprise" means the crash prevention enterprise created in section 43-4-1603 (1)(a).

• Page 13, Line 11(10)  "Federal highway administration-mandated

• Page 13, Line 12vulnerable road user assessment" means the vulnerable road

• Page 13, Line 13user safety assessment required to be prepared and periodically

• Page 13, Line 14updated by the department as part of the highway safety improvement program pursuant to 23 U.S.C. sec. 148 (l).

• Page 13, Line 15(11)  "Fee" means the crash prevention fee imposed by the enterprise pursuant to section 43-4-1603 (7).

• Page 13, Line 16(12)  "Fund" means the crash prevention enterprise fund created in section 43-4-1603 (5)(a).

• Page 14, Line 1(13)  "Vulnerable road user" means an individual who is

• Page 14, Line 2unprotected by an outside shield when using a road including,

• Page 14, Line 3but not limited to, a pedestrian, a bicyclist, or an individual

• Page 14, Line 4using any other nonmotorized or motorized personal conveyance that does not enclose the individual.

• Page 14, Line 5(14)  "Wildlife" has the same meaning as set forth in section 33-1-102 (51).

• Page 14, Line 643-4-1603.  Crash prevention enterprise - creation - board -

• Page 14, Line 7powers and duties - rules - fees - fund - definition. (1) (a)  The crash

• Page 14, Line 8prevention enterprise is created in the department. The

• Page 14, Line 9enterprise is and operates as a government-owned business

• Page 14, Line 10within the department in order to execute its business purpose as

• Page 14, Line 11specified in subsection (3) of this section by exercising the powers and performing the duties and functions set forth in this section.

• Page 14, Line 12(b)  The enterprise is a type 1 entity, as defined in section

• Page 14, Line 1324-1-105, and exercises its powers and performs its duties and functions under the department.

• Page 14, Line 14(2)  The commission shall serve as the board.

• Page 14, Line 15(3)  The business purpose of the enterprise is to provide

• Page 14, Line 16funding for transportation system infrastructure improvements

• Page 14, Line 17or other data-driven improvements that reduce the number of

• Page 14, Line 18collisions between motor vehicles and vulnerable road users

• Page 14, Line 19and wildlife. To allow the enterprise to accomplish this purpose

• Page 14, Line 20and fully exercise its powers and duties through the board, the enterprise may:

• Page 14, Line 21(a)  Impose the fee onthe policyholder of each automobile

• Page 15, Line 1insurance policy issued in the state for each vehicle insured

• Page 15, Line 2under the automobile insurance policy as authorized by subsection (7) of this section;

• Page 15, Line 3(b)  Issue grants and directly fund eligible projects as authorized by subsection (8) of this section;

• Page 15, Line 4(c)  As agreed upon by the enterprise and the commission,

• Page 15, Line 5or the department to the extent authorized by the commission,

• Page 15, Line 6directly finance the construction, reconstruction,

• Page 15, Line 7replacement, or maintenance of eligible projects pursuant to subsection (8)(a)(II) of this section; and

• Page 15, Line 8(d)  Issue revenue bonds payable from the revenue and other available money of the enterprise.

• Page 15, Line 9(4)  The enterprise constitutes an enterprise for purposes

• Page 15, Line 10of section 20 of article X of the state constitution so long as it

• Page 15, Line 11retains the authority to issue revenue bonds and receives less

• Page 15, Line 12than ten percent of its total annual revenue in grants from all

• Page 15, Line 13Colorado state and local governments combined. So long as it

• Page 15, Line 14constitutes an enterprise pursuant to this subsection (4), the

• Page 15, Line 15enterprise is not subject to section 20 of article X of the state constitution.

• Page 15, Line 16(5) (a)  The crash prevention enterprise fund is created in

• Page 15, Line 17the state treasury. The fund consists of fee revenue credited to

• Page 15, Line 18the fund pursuant to subsection (7) of this section, any monetary

• Page 15, Line 19gifts, grants, donations, or other payments received by the

• Page 15, Line 20enterprise, any federal money that may be credited to the fund,

• Page 15, Line 21and any other money that the general assembly may appropriate

• Page 15, Line 22or transfer to the fund. The state treasurer shall credit all

• Page 16, Line 1interest and income derived from the deposit and investment of

• Page 16, Line 2money in the fund to the fund. Money in the fund is continuously

• Page 16, Line 3appropriated to the enterprise for the purposes set forth in this

• Page 16, Line 4part 16 and to pay the enterprise's reasonable and necessary

• Page 16, Line 5operating expenses, including the repayment of any loan received pursuant to subsection (5)(b) of this section.

• Page 16, Line 6(b)  The department may transfer money from any legally

• Page 16, Line 7available source to the enterprise for the purpose of defraying

• Page 16, Line 8expenses incurred by the enterprise before it receives fee

• Page 16, Line 9revenue or revenue bond proceeds. The enterprise may accept

• Page 16, Line 10and expend any money so transferred, and, notwithstanding any

• Page 16, Line 11state fiscal rule or generally accepted accounting principle

• Page 16, Line 12that could otherwise be interpreted to require a contrary

• Page 16, Line 13conclusion, and such a transfer is a loan from the department

• Page 16, Line 14to the enterprise that is required to be repaid. All money

• Page 16, Line 15transferred as a loan to the enterprise must be credited to the

• Page 16, Line 16fund. Loan liabilities that are recorded in the fund but that are

• Page 16, Line 17not required to be paid in the current fiscal year shall not be

• Page 16, Line 18considered when calculating sufficient statutory fund balance

• Page 16, Line 19for purposes of section 24-75-109. As the enterprise receives

• Page 16, Line 20sufficient revenue in excess of expenses, the enterprise shall

• Page 16, Line 21reimburse the department for the principal amount of any loan

• Page 16, Line 22made by the department plus interest at a rate set by the department.

• Page 16, Line 23(6)  In addition to any other powers and duties specified in

• Page 16, Line 24this section, the board has the following general powers and

• Page 16, Line 25duties:

• Page 17, Line 1(a)  To adopt bylaws for the regulation of its affairs and the conduct of its business;

• Page 17, Line 2(b)  To acquire, hold title to, and dispose of real and personal property;

• Page 17, Line 3(c)  In consultation with the executive director of the

• Page 17, Line 4department, or the executive director's designee, to engage

• Page 17, Line 5with professional consultants, contractors, or state employees

• Page 17, Line 6as may be necessary in its judgment to carry out its business purpose;

• Page 17, Line 7(d) (I)  To contract with any public or private entity,

• Page 17, Line 8including state agencies, consultants, and the attorney general's office, for:

• Page 17, Line 9(A)  Professional and technical assistance;

• Page 17, Line 10(B)  Office space and administrative services, for which the enterprise shall pay fair market value;

• Page 17, Line 11(C)  Advice; and

• Page 17, Line 12(D)  Other services related to the conduct of the affairs of the enterprise.

• Page 17, Line 13(II)  The board shall generally avoid using sole-source contracts.

• Page 17, Line 14(e)  To seek, accept, and expend gifts, grants, donations, or

• Page 17, Line 15other payments from private or public sources for the purposes

• Page 17, Line 16of this part 16 so long as the total amount of all grants from

• Page 17, Line 17Colorado state and local governments received in any state

• Page 17, Line 18fiscal year is less than ten percent of the enterprise's total

• Page 17, Line 19annual revenue for the state fiscal year. The enterprise shall

• Page 17, Line 20transmit any money received through gifts, grants, donations,

• Page 18, Line 1or other payments to the state treasurer, who shall credit the money to the fund.

• Page 18, Line 2(f)  To establish and publish the processes by which the

• Page 18, Line 3enterprise accepts grant applications and criteria for

• Page 18, Line 4evaluating applications and to publish a list of eligible entities

• Page 18, Line 5awarded grants pursuant to subsection (8) of this section. The

• Page 18, Line 6enterprise shall issue grants on a competitive basis based on

• Page 18, Line 7such processes and criteria in advance of any deadlines for the submission of grant applications.

• Page 18, Line 8(g)  To adopt rules for the purposes of setting the amount

• Page 18, Line 9of the fee at or below the maximum amounts authorized in

• Page 18, Line 10subsection (7) of this section and establishing the process by

• Page 18, Line 11which the grant program described in subsection (8) of this section will operate;

• Page 18, Line 12(h)  Giving consideration to the successful statewide

• Page 18, Line 13government, nonprofit, and private sector partnership model of

• Page 18, Line 14the alliance, to establish and convene one or more advisory

• Page 18, Line 15committees, to advise the enterprise regarding the criteria and

• Page 18, Line 16process for selecting and the selection of eligible projects for

• Page 18, Line 17grant funding or implementation by the department and such other matters as the board deems necessary; and

• Page 18, Line 18(i)  To have and exercise all rights and powers necessary

• Page 18, Line 19or incidental to or implied from the specific powers and duties granted by this section.

• Page 18, Line 20(7) (a)  In furtherance of its business purpose, beginning

• Page 18, Line 21July 1, 2026, the enterprise shall impose a crash prevention fee

• Page 18, Line 22on the policyholder of each automobile insurance policy issued

• Page 19, Line 1in the state for each vehicle insured under an automobile

• Page 19, Line 2insurance policy. The fee is fully earned and due upon issuance of an automobile insurance policy.

• Page 19, Line 3(b)  The enterprise shall impose the fee, which the

• Page 19, Line 4policyholder of each automobile insurance policy issued in the

• Page 19, Line 5state shall pay to the insurer that issued the automobile

• Page 19, Line 6insurance policy and which the insurer shall collect and

• Page 19, Line 7forward to the enterprise in the manner specified in subsection

• Page 19, Line 8(7)(e) of this section, in an amount up to three dollars per

• Page 19, Line 9insured vehicle per year. The issuer of an automobile insurance

• Page 19, Line 10policy that is issued for a six-month policy term shall collect

• Page 19, Line 11one dollar and fifty cents per vehicle insured under the policy for each six-month policy term.

• Page 19, Line 12(c)  No later than March 15, 2026, the enterprise, directly

• Page 19, Line 13or in collaboration with and through the division, shall publish

• Page 19, Line 14and provide notice to each insurer that issues an automobile

• Page 19, Line 15insurance policy in the state of the amount of the fee to be

• Page 19, Line 16collected beginning July 1, 2026. Thereafter, if the enterprise

• Page 19, Line 17adjusts the fee to a lower amount pursuant to subsection (1)(d)

• Page 19, Line 18of this section or otherwise adjusts the amount of the fee at or

• Page 19, Line 19below the maximum fee limit set forth in subsection (7)(b) of this

• Page 19, Line 20section, the enterprise, directly or in collaboration with and

• Page 19, Line 21through the division, shall publish and provide notice to each

• Page 19, Line 22insurer that issues an automobile insurance policy in the state

• Page 19, Line 23of the amount of the adjusted fee to be collected no later than

• Page 19, Line 24four months before the date on which the adjusted fee takes

• Page 19, Line 25effect.

• Page 20, Line 1(d)  Notwithstanding the maximum fee amount specified

• Page 20, Line 2in subsection (7)(b) of this section, if imposing the fee in that

• Page 20, Line 3maximum amount would cause the enterprise to receive more

• Page 20, Line 4than one hundred million dollars in total fee revenue in its first

• Page 20, Line 5five fiscal years, the enterprise shall impose the fee in a lower

• Page 20, Line 6amount to the extent necessary to ensure that the enterprise

• Page 20, Line 7does not receive more than one hundred million dollars in total revenue from the fee in its first five fiscal years.

• Page 20, Line 8(e) (I)  Each insurer that issues an automobile insurance

• Page 20, Line 9policy in this state on or after January 1, 2026, is liable for the

• Page 20, Line 10collection from its automobile insurance policyholders and

• Page 20, Line 11payment to the enterprise of the fee imposed on the policy as

• Page 20, Line 12specified in this subsection (7)(e). The enterprise shall promptly,

• Page 20, Line 13and no less often than monthly, transmit all fee revenue received to the state treasurer, who shall credit it to the fund.

• Page 20, Line 14(II)  Each insurer that is required to collect the fee from

• Page 20, Line 15its policyholders and pay the fee to the enterprise shall list the

• Page 20, Line 16fee as an itemized charge on its automobile insurance policy

• Page 20, Line 17billing statements and shall not incorporate the fee into its

• Page 20, Line 18premiums. For each automobile insurance policy for which the

• Page 20, Line 19premium is paid in full in advance by the policyholder, the

• Page 20, Line 20insurer may collect the fee when the policyholder pays the

• Page 20, Line 21premium and forward the fee to the enterprise no later than the

• Page 20, Line 22last day of the month following the month in which the fee is

• Page 20, Line 23collected. For each automobile insurance policy that is paid in

• Page 20, Line 24installments by the policyholder, the insurer may collect the

• Page 20, Line 25fee on a prorated basis when the policyholder pays each

• Page 21, Line 1installment and forward each portion of the fee to the

• Page 21, Line 2enterprise no later than the last day of the month following the month in which the portion of the fee is collected.

• Page 21, Line 3(III)  On or before December 31, 2027, and on or before

• Page 21, Line 4December 31 of each year thereafter, the enterprise shall

• Page 21, Line 5compare its records of insurers who paid the fee during the most

• Page 21, Line 6recently ended state fiscal year with a list compiled by the

• Page 21, Line 7division of those insurers that issued automobile insurance

• Page 21, Line 8policies in this state during that state fiscal year and shall

• Page 21, Line 9notify the division if any insurer has failed to collect the fee

• Page 21, Line 10from its automobile insurance policyholders and pay the fee to

• Page 21, Line 11the enterprise. Upon receiving notice of an insurer's failure to

• Page 21, Line 12collect and pay the fee, the division shall notify the insurer of

• Page 21, Line 13the fee requirement, and, if the insurer fails to pay the fee within

• Page 21, Line 14fifteen days after receiving the notice, the division may, after

• Page 21, Line 15notice and hearing, impose a civil penalty of not more than one

• Page 21, Line 16hundred twenty percent of the amount due. The insurer shall

• Page 21, Line 17pay any civil penalty imposed to the division, which shall

• Page 21, Line 18transfer the amount received to the state treasurer, who shall credit it to the general fund.

• Page 21, Line 19(IV)  The fee is not a premium for any purpose, including the

• Page 21, Line 20computation of the gross premium tax described in section 10-3-209 or the producer's commission.

• Page 21, Line 21(8) (a)  In furtherance of its business purpose, on and after

• Page 21, Line 22July 1, 2026, the enterprise is authorized to expend money from the fund as follows:

• Page 21, Line 23(I)  The enterprise may expend up to seventy percent of the

• Page 22, Line 1money in the fund to provide grants to eligible entities for

• Page 22, Line 2eligible projects that reduce collisions between motor vehicles

• Page 22, Line 3and vulnerable road users in order to lower automobile

• Page 22, Line 4insurance policy costs, including payment of administrative and

• Page 22, Line 5personnel expenses related to the enterprise's administration and oversight of such grants; and

• Page 22, Line 6(II)  The enterprise may expend up to thirty percent of the

• Page 22, Line 7money in the fund to finance, construct, reconstruct, repair, or

• Page 22, Line 8replace eligible projects that reduce wildlife collisions while

• Page 22, Line 9facilitating wildlife migration and movement, including for

• Page 22, Line 10payment of administrative and personnel expenses and, if agreed

• Page 22, Line 11upon with the commission or department as authorized by

• Page 22, Line 12subsection (3)(c) of this section, expenses related to the

• Page 22, Line 13enterprise's administration, oversight, construction, and

• Page 22, Line 14maintenance of such eligible projects, in order to lower automobile insurance policy costs.

• Page 22, Line 15(b)  When evaluating grant applications for grants

• Page 22, Line 16authorized by this section, the enterprise board shall consider and give priority to projects:

• Page 22, Line 17(I)  That are expected to reduce collisions, improve safety,

• Page 22, Line 18and reduce automobile insurance policy costs more relative to

• Page 22, Line 19their cost than other projects for which applications have been submitted;

• Page 22, Line 20(II)  That will be completed on or near a high-injury or

• Page 22, Line 21high- risk network, including a high-risk or high-injury network

• Page 22, Line 22that has been identified by the department or by a metropolitan

• Page 22, Line 23planning organization or local jurisdiction, or that provides

• Page 23, Line 1alternative routes for people traveling by a means other than by a motor vehicle that encloses them; and

• Page 23, Line 2(III)  For which grant funding will supplement and not

• Page 23, Line 3supplant local funding for related projects identified by the

• Page 23, Line 4alliance in coordination with the division of parks and wildlife

• Page 23, Line 5in the department of natural resources created in section

• Page 23, Line 633-9-104 (1), the department, tribal governments, and local

• Page 23, Line 7governments as a priority for reducing wildlife-vehicle collisionsand improving wildlife migration and movement.

• Page 23, Line 8(c)  When awarding grants as authorized by subsection

• Page 23, Line 9(8)(a)(I) of this section, the enterprise shall, to the extent

• Page 23, Line 10feasible, take into consideration the sources of its fee revenue

• Page 23, Line 11and seek, over time, to award grants so that the total amount

• Page 23, Line 12of grants awarded to eligible entities in different regions of the

• Page 23, Line 13state is reasonably proportional to the amount of fee revenue

• Page 23, Line 14collected from each region. Grants may be used as

• Page 23, Line 15matching money for federal funds or in combination with other

• Page 23, Line 16state sources of transportation infrastructure funding in

• Page 23, Line 17accordance with any applicable requirements for the use of such federal funds or other state sources of funding.

• Page 23, Line 18(d)  The enterprise shall reduce oversight requirements

• Page 23, Line 19for state off-system eligible projects that are partially or

• Page 23, Line 20fully funded by the enterprise if no federal funds are involved

• Page 23, Line 21in the eligible project and the department determines that federal requirements do not apply.

• Page 23, Line 22(9) (a)  To ensure transparency and accountability, the

• Page 23, Line 23enterprise shall:

• Page 24, Line 1(I)  No later than June 1, 2026, publish and post on its

• Page 24, Line 2website a ten-year plan that details how the enterprise will

• Page 24, Line 3execute its business purpose during state fiscal years 2026-27

• Page 24, Line 4through 2035-36 and estimates the amount of funding that will be available to implement the plan;

• Page 24, Line 5(II)  Create, maintain, and regularly update on its website

• Page 24, Line 6a public accountability dashboard that provides, at a minimum,

• Page 24, Line 7accessible and transparent summary information regarding the

• Page 24, Line 8implementation of its ten-year plan, the funding status and

• Page 24, Line 9progress toward completion of each eligible project that it

• Page 24, Line 10wholly or partly funds, and its per project and total funding and expenditures;

• Page 24, Line 11(III)  Prepare an annual report regarding its activities and

• Page 24, Line 12funding and present the report to the transportation

• Page 24, Line 13commission created in section 43-1-106 (1) and to the

• Page 24, Line 14transportation, housing, and local government and energy and

• Page 24, Line 15environment committees of the house of representatives and the

• Page 24, Line 16transportation and energy committee of the senate, or any

• Page 24, Line 17successor committees. The enterprise shall also post the annual

• Page 24, Line 18report on its website. Notwithstanding the requirement in

• Page 24, Line 19section 24-1-136 (11)(a)(I), the requirement to submit the report

• Page 24, Line 20required in this subsection (9)(a)(III) to the specified legislative committees continues indefinitely; and

• Page 24, Line 21(IV)  In addition to the annual report required by

• Page 24, Line 22subsection (9)(a)(III) of this section, no later than January 31,

• Page 24, Line 232031, the enterprise shall present a report to the

• Page 24, Line 24transportation, housing, and local government and energy and

• Page 25, Line 1environment committees of the house of representatives and the

• Page 25, Line 2transportation and energy committee of the senate, or any

• Page 25, Line 3successor committees, that includes any recommendations that

• Page 25, Line 4the enterprise may have for statutory policy changes with

• Page 25, Line 5respect to the imposition of the crash prevention fee and the

• Page 25, Line 6funding of eligible projects pursuant to this part 16. The report shall include, at a minimum:

• Page 25, Line 7(A)  An assessment as to whether the definition of

• Page 25, Line 8"vulnerable road user" used for purposes of this part 16 remains appropriate;

• Page 25, Line 9(B)  An assessment as to whether the crash prevention fee

• Page 25, Line 10continues to be imposed on the correct types of motor vehicles; and

• Page 25, Line 11(C)  A cumulative accounting of the enterprise's revenue;

• Page 25, Line 12grants applied for, including the amount requested for each

• Page 25, Line 13grant; grants awarded, including the amount of each grants;

• Page 25, Line 14and projects funded and completed between July 1, 2026, and June 30, 2030.

• Page 25, Line 15(b)  The enterprise is subject to the open meetings

• Page 25, Line 16provisions of the "Colorado Sunshine Act of 1972", contained in

• Page 25, Line 17part 4 of article 6 of title 24, and the "Colorado Open Records Act", part 2 of article 72 of title 24.

• Page 25, Line 18(c)  For purposes of the "Colorado Open Records Act", part

• Page 25, Line 192 of article 72 of title 24, and except as may otherwise be

• Page 25, Line 20provided by federal law or regulation or state law, the records

• Page 25, Line 21of the enterprise are public records, as defined in section

• Page 25, Line 2224-72-202 (6), regardless of whether the enterprise receives less

• Page 26, Line 1than ten percent of its total annual revenue in grants, as

• Page 26, Line 2defined in section 24-77-102 (7), from all Colorado state and local governments combined.

• Page 26, Line 3(d)  The enterprise is a public entity for purposes of part 2 of article 57 of title 11.

• Page 26, Line 4SECTION 2.  In Colorado Revised Statutes, add 10-4-644 as follows:

• Page 26, Line 510-4-644. Enforcement of crash prevention enterprise fees.

• Page 26, Line 6  Upon receiving notice of an insurer's failure to collect from

• Page 26, Line 7the policyholders of each automobile insurance policy, as

• Page 26, Line 8defined in section 43-4-1602 (2), and pay to the crash prevention

• Page 26, Line 9enterprise the crash prevention enterprise fee imposed by the

• Page 26, Line 10crash prevention enterprise pursuant to section 43-4-1603 (7)(e),

• Page 26, Line 11the division shall notify the insurer of the fee requirement, and,

• Page 26, Line 12if the insurer fails to pay the fee within fifteen days after

• Page 26, Line 13receiving the notice, the division may institute an enforcement

• Page 26, Line 14proceeding and seek civil penalties as provided for by section43-4-1603 (7)(e)(III).

• Page 26, Line 15SECTION 3.  In Colorado Revised Statutes, 43-4-206, amend (3) introductory portion as follows:

• Page 26, Line 1643-4-206.  State allocation. (3)  The revenue allocated to the state

• Page 26, Line 17highway fund pursuant to section 43-4-205 (6)(b)(I) and (6.3) must be

• Page 26, Line 18expended by the department of transportation only for road safety

• Page 26, Line 19projects, as defined in section 43-4-803 (21); except that the department

• Page 26, Line 20shall, in furtherance of its duty to supervise state highways and as a consequence in compliance with section 43-4-810:

• Page 26, Line 21SECTION 4.  Safety clause. The general assembly finds,

• Page 27, Line 1determines, and declares that this act is necessary for the immediate

• Page 27, Line 2preservation of the public peace, health, or safety or for appropriations for

• Page 27, Line 3the support and maintenance of the departments of the state and state institutions.