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 14automobile insurance policies issued in the state that are
Page 7, Line 15reasonably calculated based on the benefits of a safer
Page 7, Line 16transportation system that the enterprise provides to all fee
Page 7, Line 17payers, including the specific benefit of reduced automobile
Page 7, Line 18insurance rates, and use the fee revenue in furtherance of its
Page 7, Line 19business purpose of providing funding for transportation system
Page 7, Line 20infrastructure improvements and other data-driven strategies
Page 7, Line 21that reduce the number of collisions that involve motor
Page 7, Line 22vehicles and vulnerable road users or wildlife while facilitating wildlife migration and movement;
Page 7, Line 23(b) The enterprise provides benefits to all fee payers
Page 7, Line 24because it provides dedicated funding for transportation system
Page 8, Line 1infrastructure improvements and data-driven strategies that
Page 8, Line 2reduce the number of collisions between motor vehicles and
Page 8, Line 3vulnerable road users or wildlife while facilitating wildlife migration and movement, and, therefore, it:
Page 8, Line 4(I) Makes it less likely that any given fee payer's motor vehicle will be involved in such a collision, which:
Page 8, Line 5(A) Reduces the risks that the fee payer or other
Page 8, Line 6operator of the motor vehicle or a passenger in the motor
Page 8, Line 7vehicle will be killed or injured or that the motor vehicle or
Page 8, Line 8property in or attached to the motor vehicle will be damaged in such a collision;
Page 8, Line 9(B) Reduces the risks that the owner or operator of the
Page 8, Line 10motor vehicle will be legally liable for the death of or injury
Page 8, Line 11to 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 12(C) Reduces the number of insurance claims, which should, in turn, lower the cost of motor vehicle insurance; and
Page 8, Line 13(II) Makes it less likely that a vulnerable road user, who
Page 8, Line 14in many cases is also a fee payer, will be killed or seriously injured in such an accident;
Page 8, Line 15(c) In addition to the direct benefits that it provides to fee
Page 8, Line 16payers, the enterprise also provides impact remediation services
Page 8, Line 17when, in exchange for the payment of fees that it imposes on
Page 8, Line 18automobile insurance policies, it makes the transportation
Page 8, Line 19system safer specifically for vulnerable road users and wildlife and more generally for all road users;
Page 8, Line 20(d) As stated by the Colorado court of appeals in TABOR
Page 9, Line 1Foundation v. Colorado Bridge Enterprise, 353 P.3d 896, 904 (Colo.
Page 9, Line 2App. 2014), "the term 'business' is generally understood to mean
Page 9, Line 3an activity that is conducted in the pursuit of benefit, gain, or
Page 9, Line 4livelihood. An entity that generates revenue by collecting fees from service users is a business."
Page 9, Line 5(e) Consistent with the determination of the Colorado
Page 9, Line 6supreme court in Nicholl v. E-470 Public Highway Authority, 896
Page 9, Line 7P.2d 859 (Colo. 1995), that the power to impose taxes is
Page 9, Line 8inconsistent with enterprise status under section 20 of article
Page 9, Line 9X of the state constitution, it is the conclusion of the general
Page 9, Line 10assembly that the revenue collected by the enterprise is
Page 9, Line 11generated by fees, not taxes, because the fees imposed by the
Page 9, Line 12enterprise on insurers that issue automobile insurance policies as authorized by section 43-4-1603 are:
Page 9, Line 13(I) Imposed for the specific purposes of providing direct
Page 9, Line 14and indirect benefits to fee payers and allowing the enterprise
Page 9, Line 15to defray the costs of providing the remediation services
Page 9, Line 16specified in this section, specifically the funding of
Page 9, Line 17transportation system infrastructure improvements and other
Page 9, Line 18data-driven strategies that are designed to mitigate the harm
Page 9, Line 19to vulnerable road users and reduce collisions with wildlife
Page 9, Line 20that are caused by the operation of the motor vehicles insured
Page 9, Line 21by the automobile insurance policies on which the fees are
Page 9, Line 22assessed, and contribute to the implementation of the
Page 9, Line 23comprehensive regulatory scheme required for the planning,
Page 9, Line 24funding, development, construction, maintenance, and
Page 9, Line 25supervision of a sustainable and safe transportation system; and
Page 10, Line 1(II) Collected at rates that are reasonably calculated
Page 10, Line 2based on the direct and indirect benefits provided to and impacts
Page 10, Line 3caused by fee payers and the costs of providing those benefits and remediating those impacts; and
Page 10, Line 4(f) So long as the enterprise qualifies as an enterprise for
Page 10, Line 5purposes of section 20 of article X of the state constitution, the
Page 10, Line 6revenue from the fees imposed on insurers that issue automobile
Page 10, Line 7insurance policies and collected by the enterprise is not state
Page 10, Line 8fiscal year spending, as defined in section 24-77-102 (17), or state
Page 10, Line 9revenues, as defined in section 24-77-103.6 (6)(c), and does not
Page 10, Line 10count against either the state fiscal year spending limit imposed
Page 10, Line 11by 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 1243-4-1602. Definitions.As used in this part 16, unless the context otherwise requires:
Page 10, Line 13(1) "Alliance" means the Colorado wildlife and
Page 10, Line 14transportation alliance established in 2018 as a statewide
Page 10, Line 15partnership that includes representatives of the department,
Page 10, Line 16the division of parks and wildlife in the department of natural
Page 10, Line 17resources created in section 33-9-104 (1), tribal governments,
Page 10, Line 18federal agencies, and nongovernmental partners representing
Page 10, Line 19academia, nonprofit organizations, and biological and engineering professionals.
Page 10, Line 20(2) "Automobile insurance policy" means both a "policy",
Page 10, Line 21as defined in section 10-4-601 (10), and any other contract of
Page 10, Line 22insurance issued in the state that provides one or more of the
Page 11, Line 1same coverages that a policy for a motor vehicle, as defined in section 10-4-601 (6), provides.
Page 11, Line 2(3) "Board" means the governing board of the enterprise.
Page 11, Line 3(4) "Commission" means the transportation commission created in section 43-1-106.
Page 11, Line 4(5) "Department" means the department of transportation.
Page 11, Line 5(6) "Division" means the division of insurance in the
Page 11, Line 6department of regulatory agencies established in section 10-1-103.
Page 11, Line 7(7) "Eligible entity" means a county, a city and county, a
Page 11, Line 8municipality, a state or federally recognized tribal entity, a
Page 11, Line 9public entity other than a public entity that is part of the state,
Page 11, Line 10as 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 11(8) "Eligible project" means a project that improves
Page 11, Line 12transportation system infrastructure or otherwise implements
Page 11, Line 13data-driven strategies that reduce the number of collisions
Page 11, Line 14between motor vehicles and vulnerable road users or wildlife. Eligible projects include:
Page 11, Line 15(a) For the purpose of reducing collisions between motor vehicles and vulnerable road users:
Page 11, Line 16(I) The following project types:
(A) Walkways such as sidewalks and shared-use paths;
Page 11, Line 17(B) Bicycle lanes, with a preference for bicycle lanes
Page 11, Line 18that will be developed, designed, and delivered in accordance
Page 11, Line 19with guidelines and processes set forth in the federal highway administration's bikeway selection guide;
Page 12, Line 1(C) Medians and pedestrian refuge islands;
Page 12, Line 2(D) Lighting along pedestrian and bicycle facilities, intersections, and crossings;
Page 12, Line 3(E) Crossing safety features such as crosswalk visibility
Page 12, Line 4enhancements, leading pedestrian intervals, pedestrian hybrid beacons, and rectangular rapid flashing beacons;
Page 12, Line 5(F) Road diets and other roadway reconfigurations that improve safety;
Page 12, Line 6(G) Traffic circles and other traffic calming or speed management devices;
Page 12, Line 7(H) The systemic application of multiple low-cost countermeasures at stop-controlled intersections;
Page 12, Line 8(I) The implementation of appropriate speed limits for all road users;
Page 12, Line 9(J) Speed safety and red light cameras;
(K) Corridor access management; and
Page 12, Line 10(L) Longitudinal rumble strips and stripes; and
Page 12, Line 11(II) Other vulnerable road user safety projects proposed by eligible entities and approved by the board; and
Page 12, Line 12(b) For the purpose of reducing collisions between motor vehicles and wildlife, the following project types:
Page 12, Line 13(I) Projects that pay all or a portion of the costs of:
Page 12, Line 14(A) Project feasibility studies for and planning, design,
Page 12, Line 15construction, retrofitting, and maintenance of wildlife road crossing infrastructure;
Page 12, Line 16(B) Roadkill tracking and studies;
(C) Animal detection systems;
Page 13, Line 1(D) Signage;
(E) Exclusionary fencing;
Page 13, Line 2(F) Wildlife jump outs;
Page 13, Line 3(G) Wildlife guards or other associated infrastructure; and
Page 13, Line 4(H) Support of private land conservation or habitat connectivity enhancement efforts; and
Page 13, Line 5(II) The provision of state matching money required by federal grant programs relating to wildlife crossing projects.
Page 13, Line 6(9) "Enterprise" means the crash prevention enterprise created in section 43-4-1603 (1)(a).
Page 13, Line 7(10) "Federal highway administration-mandated
Page 13, Line 8vulnerable road user assessment" means the vulnerable road
Page 13, Line 9user safety assessment required to be prepared and periodically
Page 13, Line 10updated by the department as part of the highway safety improvement program pursuant to 23 U.S.C. sec. 148 (l).
Page 13, Line 11(11) "Fee" means the crash prevention fee imposed by the enterprise pursuant to section 43-4-1603 (7).
Page 13, Line 12(12) "Fund" means the crash prevention enterprise fund created in section 43-4-1603 (5)(a).
Page 13, Line 13(13) "Vulnerable road user" means an individual who is
Page 13, Line 14unprotected by an outside shield when using a road including,
Page 13, Line 15but not limited to, a pedestrian, a bicyclist, or an individual
Page 13, Line 16using any other nonmotorized or motorized personal conveyance that does not enclose the individual.
Page 13, Line 17(14) "Wildlife" has the same meaning as set forth in section 33-1-102 (51).
Page 14, Line 143-4-1603. Crash prevention enterprise - creation - board -
Page 14, Line 2powers and duties - rules - fees - fund - definition. (1) (a) The crash
Page 14, Line 3prevention enterprise is created in the department. The
Page 14, Line 4enterprise is and operates as a government-owned business
Page 14, Line 5within the department in order to execute its business purpose as
Page 14, Line 6specified in subsection (3) of this section by exercising the powers and performing the duties and functions set forth in this section.
Page 14, Line 7(b) The enterprise is a type 1 entity, as defined in section
Page 14, Line 824-1-105, and exercises its powers and performs its duties and functions under the department.
Page 14, Line 9(2) The commission shall serve as the board.
Page 14, Line 10(3) The business purpose of the enterprise is to provide
Page 14, Line 11funding for transportation system infrastructure improvements
Page 14, Line 12or other data-driven improvements that reduce the number of
Page 14, Line 13collisions between motor vehicles and vulnerable road users
Page 14, Line 14and wildlife. To allow the enterprise to accomplish this purpose
Page 14, Line 15and fully exercise its powers and duties through the board, the enterprise may:
Page 14, Line 16(a) Impose the fee on insurers that issue automobile
Page 14, Line 17insurance policies on a per policy basis as authorized by subsection (7) of this section;
Page 14, Line 18(b) Issue grants and directly fund eligible projects as authorized by subsection (8) of this section; and
Page 14, Line 19(c) Issue revenue bonds payable from the revenue and other available money of the enterprise.
Page 14, Line 20(4) The enterprise constitutes an enterprise for purposes
Page 15, Line 1of section 20 of article X of the state constitution so long as it
Page 15, Line 2retains the authority to issue revenue bonds and receives less
Page 15, Line 3than ten percent of its total annual revenue in grants from all
Page 15, Line 4Colorado state and local governments combined. So long as it
Page 15, Line 5constitutes an enterprise pursuant to this subsection (4), the
Page 15, Line 6enterprise is not subject to section 20 of article X of the state constitution.
Page 15, Line 7(5) (a) The crash prevention enterprise fund is created in
Page 15, Line 8the state treasury. The fund consists of fee revenue credited to
Page 15, Line 9the fund pursuant to subsection (7) of this section, any monetary
Page 15, Line 10gifts, grants, donations, or other payments received by the
Page 15, Line 11enterprise, any federal money that may be credited to the fund,
Page 15, Line 12and any other money that the general assembly may appropriate
Page 15, Line 13or transfer to the fund. The state treasurer shall credit all
Page 15, Line 14interest and income derived from the deposit and investment of
Page 15, Line 15money in the fund to the fund. Money in the fund is continuously
Page 15, Line 16appropriated to the enterprise for the purposes set forth in this
Page 15, Line 17part 16 and to pay the enterprise's reasonable and necessary
Page 15, Line 18operating expenses, including the repayment of any loan received pursuant to subsection (5)(b) of this section.
Page 15, Line 19(b) The department may transfer money from any legally
Page 15, Line 20available source to the enterprise for the purpose of defraying
Page 15, Line 21expenses incurred by the enterprise before it receives fee
Page 15, Line 22revenue or revenue bond proceeds. The enterprise may accept
Page 15, Line 23and expend any money so transferred, and, notwithstanding any
Page 15, Line 24state fiscal rule or generally accepted accounting principle
Page 15, Line 25that could otherwise be interpreted to require a contrary
Page 16, Line 1conclusion, and such a transfer is a loan from the department
Page 16, Line 2to the enterprise that is required to be repaid. All money
Page 16, Line 3transferred as a loan to the enterprise must be credited to the
Page 16, Line 4fund. Loan liabilities that are recorded in the fund but that are
Page 16, Line 5not required to be paid in the current fiscal year shall not be
Page 16, Line 6considered when calculating sufficient statutory fund balance
Page 16, Line 7for purposes of section 24-75-109. As the enterprise receives
Page 16, Line 8sufficient revenue in excess of expenses, the enterprise shall
Page 16, Line 9reimburse the department for the principal amount of any loan
Page 16, Line 10made by the department plus interest at a rate set by the department.
Page 16, Line 11(6) In addition to any other powers and duties specified in
Page 16, Line 12this section, the board has the following general powers and duties:
Page 16, Line 13(a) To adopt bylaws for the regulation of its affairs and the conduct of its business;
Page 16, Line 14(b) To acquire, hold title to, and dispose of real and personal property;
Page 16, Line 15(c) In consultation with the executive director of the
Page 16, Line 16department, or the executive director's designee, to employ and
Page 16, Line 17supervise such individuals, professional consultants, and
Page 16, Line 18contractors as are necessary in its judgment to carry out its business purpose;
Page 16, Line 19(d) (I) To contract with any public or private entity,
Page 16, Line 20including state agencies, consultants, and the attorney general's office, for:
Page 16, Line 21(A) Professional and technical assistance;
Page 17, Line 1(B) Office space and administrative services, for which the enterprise shall pay fair market value;
Page 17, Line 2(C) Advice; and
Page 17, Line 3(D) Other services related to the conduct of the affairs of the enterprise.
Page 17, Line 4(II) The board shall generally avoid using sole-source contracts.
Page 17, Line 5(e) To seek, accept, and expend gifts, grants, donations, or
Page 17, Line 6other payments from private or public sources for the purposes
Page 17, Line 7of this part 16 so long as the total amount of all grants from
Page 17, Line 8Colorado state and local governments received in any state
Page 17, Line 9fiscal year is less than ten percent of the enterprise's total
Page 17, Line 10annual revenue for the state fiscal year. The enterprise shall
Page 17, Line 11transmit any money received through gifts, grants, donations,
Page 17, Line 12or other payments to the state treasurer, who shall credit the money to the fund.
Page 17, Line 13(f) To establish and publish the processes by which the
Page 17, Line 14enterprise accepts grant applications and criteria for
Page 17, Line 15evaluating applications and to publish a list of eligible entities
Page 17, Line 16awarded grants pursuant to subsection (8) of this section. The
Page 17, Line 17enterprise is encouraged to issue grants on a competitive basis
Page 17, Line 18based on such processes and criteria in advance of any deadlines for the submission of grant applications.
Page 17, Line 19(g) To adopt rules for the purposes of setting the amount
Page 17, Line 20of the fee at or below the maximum amounts authorized in
Page 17, Line 21subsection (7) of this section and establishing the process by
Page 17, Line 22which the grant program described in subsection (8) of this section will operate;
Page 18, Line 1(h) Giving consideration to the successful statewide
Page 18, Line 2government, nonprofit, and private sector partnership model of
Page 18, Line 3the alliance, to establish, convene, and fund one or more
Page 18, Line 4advisory committees, to advise the enterprise regarding the
Page 18, Line 5criteria and process for selecting and the selection of eligible
Page 18, Line 6projects for grant funding or implementation by the department and such other matters as the board deems necessary; and
Page 18, Line 7(i) To have and exercise all rights and powers necessary
Page 18, Line 8or incidental to or implied from the specific powers and duties granted by this section.
Page 18, Line 9(7) (a) In furtherance of its business purpose, beginning
Page 18, Line 10January 1, 2026, the enterprise shall impose a crash prevention
Page 18, Line 11fee on the policyholder of each automobile insurance policy issued in the state on a per policy basis.
Page 18, Line 12(b) The enterprise shall impose the fee, which the
Page 18, Line 13policyholder of each automobile insurance policy issued in the
Page 18, Line 14state shall pay to the insurer that issued the automobile
Page 18, Line 15insurance policy and which the insurer shall collect and
Page 18, Line 16forward to the enterprise in the manner specified in subsection
Page 18, Line 17(7)(e) of this section, in an amount up to the following maximum amount:
Page 18, Line 18(I) For the period commencing January 1, 2026, and ending June 30, 2026, one dollar and seventy-five cents;
Page 18, Line 19(II) For the state fiscal year commencing July 1, 2026, three dollars and fifty cents;
Page 18, Line 20(III) (A) For the state fiscal year commencing July 1, 2027,
Page 19, Line 1and for each subsequent state fiscal year, the maximum amount
Page 19, Line 2authorized for the prior state fiscal year adjusted for inflation.
Page 19, Line 3(B) As used in this subsection (7)(b)(III), "inflation" means
Page 19, Line 4the average annual percentage change in the United States
Page 19, Line 5department of transportation, federal highway administration,
Page 19, Line 6national highway construction cost index or its applicable
Page 19, Line 7predecessor or successor index for the five-year period ending
Page 19, Line 8on the last December 31 before a state fiscal year for which an inflation adjustment to the fee is to be made begins.
Page 19, Line 9(c) As soon as feasible following the effective date of this
Page 19, Line 10subsection (7)(c) for the period beginning January 1, 2026, and
Page 19, Line 11ending June 30, 2026, no later than March 15, 2026, for the state
Page 19, Line 12fiscal year commencing July 1, 2026, and no later than March 15
Page 19, Line 13of the calendar year in which each state fiscal year begins
Page 19, Line 14thereafter, the enterprise, directly or in collaboration with
Page 19, Line 15and through the division, shall publish and provide notice to
Page 19, Line 16each insurer that issues an automobile policy in this state of the amount of the fee to be collected for the next state fiscal year.
Page 19, Line 17(d) Notwithstanding the maximum fee amount for each
Page 19, Line 18state fiscal year specified in subsection (7)(b) of this section, if
Page 19, Line 19imposing the fee in that maximum amount would cause the
Page 19, Line 20enterprise to receive more than one hundred million dollars in
Page 19, Line 21total fee revenue in its first five fiscal years, the enterprise
Page 19, Line 22shall impose the fee in a lower amount to the extent necessary
Page 19, Line 23to ensure that the enterprise does not receive more than one
Page 19, Line 24hundred million dollars in total revenue from the fee in its first five fiscal years.
Page 20, Line 1(e) (I) Each insurer that issues an automobile insurance
Page 20, Line 2policy in this state on or after January 1, 2026, is liable for the
Page 20, Line 3collection from its automobile insurance policyholders and
Page 20, Line 4payment to the enterprise of the fee imposed on the policy as
Page 20, Line 5specified in this subsection (7)(e). The enterprise shall promptly,
Page 20, Line 6and no less often than monthly, transmit all fee revenue received to the state treasurer, who shall credit it to the fund.
Page 20, Line 7(II) Each insurer that is required to collect the fee from
Page 20, Line 8its policyholders and pay the fee to the enterprise shall list the
Page 20, Line 9fee as an itemized charge on its automobile insurance policy
Page 20, Line 10billing statements and shall not incorporate the fee into its
Page 20, Line 11premiums. For each automobile insurance policy for which the
Page 20, Line 12premium is paid in full in advance by the policyholder, the
Page 20, Line 13insurer may collect the fee when the policyholder pays the
Page 20, Line 14premium and forward the fee to the enterprise no later than the
Page 20, Line 15last day of the month following the month in which the fee is
Page 20, Line 16collected. For each automobile insurance policy that is paid in
Page 20, Line 17installments by the policyholder, the insurer may collect the
Page 20, Line 18fee on a prorated basis when the policyholder pays each
Page 20, Line 19installment and forward each portion of the fee to the
Page 20, Line 20enterprise no later than the last day of the month following the month in which the portion of the fee is collected.
Page 20, Line 21(III) On or before December 31, 2026, and on or before
Page 20, Line 22December 31 of each year thereafter, the enterprise shall
Page 20, Line 23compare its records of insurers who paid the fee during the most
Page 20, Line 24recently ended state fiscal year with a list compiled by the
Page 21, Line 1division of those insurers that issued automobile insurance
Page 21, Line 2policies in this state during that state fiscal year and shall
Page 21, Line 3notify the division if any insurer has failed to collect the fee
Page 21, Line 4from its automobile insurance policyholders and pay the fee to
Page 21, Line 5the enterprise. Upon receiving notice of an insurer's failure to
Page 21, Line 6collect and pay the fee, the division shall notify the insurer of
Page 21, Line 7the fee requirement, and, if the insurer fails to pay the fee within
Page 21, Line 8fifteen days after receiving the notice, the division may, after
Page 21, Line 9notice and hearing, impose a civil penalty of not more than one
Page 21, Line 10hundred twenty percent of the amount due. The insurer shall
Page 21, Line 11pay any civil penalty imposed to the division, which shall
Page 21, Line 12transfer the amount received to the state treasurer, who shall credit it to the fund.
Page 21, Line 13(IV) The fee is not a premium for any purpose, including the
Page 21, Line 14computation of the gross premium tax described in section 10-3-209 or the producer's commission.
Page 21, Line 15(8) (a) In furtherance of its business purpose, on and after
Page 21, Line 16July 1, 2026, the enterprise is authorized to expend money from the fund as follows:
Page 21, Line 17(I) The enterprise may expend up to eighty percent of the
Page 21, Line 18money in the fund to provide grants to eligible entities for
Page 21, Line 19eligible projects that reduce collisions between motor vehicles
Page 21, Line 20and vulnerable road users in order to lower automobile
Page 21, Line 21insurance policy costs, including payment of administrative and
Page 21, Line 22personnel expenses related to the enterprise's administration and oversight of such grants; and
Page 21, Line 23(II) The enterprise may expend up to twenty percent of the
Page 22, Line 1money in the fund directly, including for payment of
Page 22, Line 2administrative and personnel expenses related to the
Page 22, Line 3enterprise's administration and oversight of such projects, for
Page 22, Line 4eligible projects that reduce wildlife collisions while
Page 22, Line 5facilitating wildlife migration and movement in order to lower automobile insurance policy costs.
Page 22, Line 6(b) When evaluating grant applications for grants
Page 22, Line 7authorized by subsection (8)(a)(I) of this section, the enterprise board shall consider and give priority to projects:
Page 22, Line 8(I) That are expected to reduce collisions, improve safety,
Page 22, Line 9and reduce automobile insurance policy costs more relative to
Page 22, Line 10their cost than other projects for which applications have been submitted;
Page 22, Line 11(II) That will be completed on or near a high-injury or
Page 22, Line 12high- risk network, including a high-risk or high-injury network
Page 22, Line 13that has been identified by the department or by a metropolitan
Page 22, Line 14planning organization or local jurisdiction, or that provides
Page 22, Line 15alternative routes for people traveling by a means other than by a motor vehicle that encloses them; and
Page 22, Line 16(III) For which grant funding will supplement and not
Page 22, Line 17supplant local funding for related projects identified by the
Page 22, Line 18alliance in coordination with the division of parks and wildlife
Page 22, Line 19in the department of natural resources created in section
Page 22, Line 2033-9-104 (1), the department, tribal governments, and local
Page 22, Line 21governments as a priority for reducing wildlife-vehicle collisions or improving wildlife migration and movement.
Page 22, Line 22(c) When awarding grants as authorized by subsection
Page 23, Line 1(8)(a)(I) of this section, the enterprise shall, to the extent
Page 23, Line 2feasible, take into consideration the sources of its fee revenue
Page 23, Line 3and seek, over time, to award grants so that the total amount
Page 23, Line 4of grants awarded to eligible entities in different regions of the
Page 23, Line 5state is reasonably proportional to the amount of fee revenue
Page 23, Line 6collected from each region. Grants must also be issued in accordance with the following parameters:
Page 23, Line 7(I) The amount of a grant must be at least two hundred fifty thousand dollars; and
Page 23, Line 8(II) Grants may be used as matching money for federal
Page 23, Line 9funds or in combination with other state sources of
Page 23, Line 10transportation infrastructure funding in accordance with any
Page 23, Line 11applicable requirements for the use of such federal funds or other state sources of funding.
Page 23, Line 12(d) The enterprise shall reduce oversight requirements
Page 23, Line 13for state off-system eligible projects that are partially or
Page 23, Line 14fully funded by the enterprise if no federal funds are involved
Page 23, Line 15in the eligible project and the department determines that federal requirements do not apply.
Page 23, Line 16(9) (a) To ensure transparency and accountability, the enterprise shall:
Page 23, Line 17(I) No later than June 1, 2026, publish and post on its
Page 23, Line 18website a ten-year plan that details how the enterprise will
Page 23, Line 19execute its business purpose during state fiscal years 2026-27
Page 23, Line 20through 2030-31 and estimates the amount of funding that will be available to implement the plan;
Page 23, Line 21(II) Create, maintain, and regularly update on its website
Page 24, Line 1a public accountability dashboard that provides, at a minimum,
Page 24, Line 2accessible and transparent summary information regarding the
Page 24, Line 3implementation of its five-year plan, the funding status and
Page 24, Line 4progress toward completion of each eligible project that it
Page 24, Line 5wholly or partly funds, and its per project and total funding and expenditures; and
Page 24, Line 6(III) Prepare an annual report regarding its activities and
Page 24, Line 7funding and present the report to the transportation
Page 24, Line 8commission created in section 43-1-106 (1) and to the
Page 24, Line 9transportation, housing, and local government and energy and
Page 24, Line 10environment committees of the house of representatives and the
Page 24, Line 11transportation and energy committee of the senate, or any
Page 24, Line 12successor committees. The enterprise shall also post the annual
Page 24, Line 13report on its website. Notwithstanding the requirement in
Page 24, Line 14section 24-1-136 (11)(a)(I), the requirement to submit the report
Page 24, Line 15required in this subsection (9)(a)(III) to the specified legislative committees continues indefinitely.
Page 24, Line 16(b) The enterprise is subject to the open meetings
Page 24, Line 17provisions of the "Colorado Sunshine Act of 1972", contained in
Page 24, Line 18part 4 of article 6 of title 24, and the "Colorado Open Records Act", part 2 of article 72 of title 24.
Page 24, Line 19(c) For purposes of the "Colorado Open Records Act", part
Page 24, Line 202 of article 72 of title 24, and except as may otherwise be
Page 24, Line 21provided by federal law or regulation or state law, the records
Page 24, Line 22of the enterprise are public records, as defined in section
Page 24, Line 2324-72-202 (6), regardless of whether the enterprise receives less
Page 24, Line 24than ten percent of its total annual revenue in grants, as
Page 25, Line 1defined in section 24-77-102 (7), from all Colorado state and local governments combined.
Page 25, Line 2(d) The enterprise is a public entity for purposes of part 2 of article 57 of title 11.
Page 25, Line 3SECTION 2. In Colorado Revised Statutes, add 10-4-644 as follows:
Page 25, Line 410-4-644. Enforcement of crash prevention enterprise fees.
Page 25, Line 5 Upon receiving notice of an insurer's failure to collect from
Page 25, Line 6the policyholders of each automobile insurance policy, as
Page 25, Line 7defined in section 43-4-1602 (2), and pay to the crash prevention
Page 25, Line 8enterprise the crash prevention enterprise fee imposed by the
Page 25, Line 9crash prevention enterprise pursuant to section 43-4-1603 (7)(e),
Page 25, Line 10the division shall notify the insurer of the fee requirement, and,
Page 25, Line 11if the insurer fails to pay the fee within fifteen days after
Page 25, Line 12receiving the notice, the division may institute an enforcement
Page 25, Line 13proceeding and seek civil penalties as provided for by section43-4-1603 (7)(e)(III).
Page 25, Line 14SECTION 3. Safety clause. The general assembly finds,
Page 25, Line 15determines, and declares that this act is necessary for the immediate
Page 25, Line 16preservation of the public peace, health, or safety or for appropriations for
Page 25, Line 17the support and maintenance of the departments of the state and state institutions.