reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 5 - NUCLEAR MATERIALS PERMIT SYSTEM (§§ 42-20-501 — 42-20-511) › Section 42-20-505 - Penalties - permit system

(1)
A Colorado state patrol officer or a port of entry officer, as defined in section
42-8-102 (3)
, may assess a civil penalty of one thousand dollars against a carrier who transports nuclear materials without first obtaining a nuclear materials transportation permit.
(2)
A carrier who misrepresents information in the carrier's application for a nuclear materials transportation permit, violates the terms of the permit, or commits a second violation of subsection (1) of this section within one calendar year shall be assessed a civil penalty of not less than five hundred dollars nor more than three thousand dollars.
(3)
The penalties in subsection (1) of this section shall be assessed upon an action brought by the Colorado state patrol in accordance with the procedure set forth in section
42-20-406
.
Amended by 2020 Ch. 155, § 9, eff. 1/1/2021.
L. 94: Entire title amended with relocations, p. 2534, § 1, effective 1/1/1995. L. 2000: (3) amended, p. 1654, § 51, effective June 1. L. 2012: Entire section amended, (HB 12-1019), ch. 473, p. 473, § 24, effective July 1. L. 2020: (1) and (3) amended, (SB 20-118), ch. 666, p. 666, § 9, effective 1/1/2021.
This section is similar to former § 43-6-505 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 5 - NUCLEAR MATERIALS PERMIT SYSTEM (§§ 42-20-501 — 42-20-511) › Section 42-20-506 - Permit suspension and revocation

In addition to any other civil or criminal penalties, the department of transportation may suspend the nuclear materials transportation permit of any carrier for a period not to exceed six months or revoke the permit for failure to comply with the permit terms, misrepresentation of information in the permit application, failure to pay a civil penalty assessed pursuant to section
42-20-406
, or failure to comply with the regulations promulgated pursuant to parts 4 and 5 of this article 20. The permit may be suspended or revoked only for good cause shown after due notice and opportunity for a hearing pursuant to section
24-4-105
, if requested by the carrier.
Amended by 2020 Ch. 155, § 10, eff. 1/1/2021.
L. 94: Entire title amended with relocations, p. 2535, § 1, effective 1/1/1995.
This section is similar to former § 43-6-506 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 5 - NUCLEAR MATERIALS PERMIT SYSTEM (§§ 42-20-501 — 42-20-511) › Section 42-20-507 - Local government preemption

No county, city and county, city, or town shall establish any permit or fee system for the transportation of nuclear materials by motor vehicle or railcar in, to, from, or through this state.
L. 94: Entire title amended with relocations, p. 2535, § 1, effective 1/1/1995.
This section is similar to former § 43-6-507 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 5 - NUCLEAR MATERIALS PERMIT SYSTEM (§§ 42-20-501 — 42-20-511) › Section 42-20-508 - Route designation - motor vehicles

(1)
The chief of the Colorado state patrol shall have the authority to adopt rules to designate which state highways shall be used and which shall not be used by motor vehicles transporting nuclear materials in this state.
(2)
The carrier shall not deviate from the routes designated pursuant to subsection (1) of this section except in order to make local pickups and deliveries and in cases of emergency conditions which would make continued use of the designated route unsafe, or to refuel, or when the designated route is closed due to road conditions, road construction, or maintenance operations. When making local pickups and deliveries or when refueling, the carrier shall remain on the routes designated by the Colorado state patrol and shall minimize the distance traveled on nondesignated routes.
L. 94: Entire title amended with relocations, p. 2535, § 1, effective 1/1/1995.
This section is similar to former § 43-6-508 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 5 - NUCLEAR MATERIALS PERMIT SYSTEM (§§ 42-20-501 — 42-20-511) › Section 42-20-509 - Strict liability for nuclear incidents

Any person who causes the release of any nuclear material being transported shall be strictly liable for all injuries and damages resulting therefrom. The conduct of the claimant shall not be a defense to liability; except that this section does not waive any defense based on the claimant's failure to mitigate damages or related to any injury or damage to the claimant or the claimant's property which is intentionally sustained by the claimant or which results from the release of any nuclear material being transported intentionally and wrongfully caused by the claimant.
L. 94: Entire title amended with relocations, p. 2535, § 1, effective 1/1/1995.
This section is similar to former § 43-6-509 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 5 - NUCLEAR MATERIALS PERMIT SYSTEM (§§ 42-20-501 — 42-20-511) › Section 42-20-510 - Statute of limitations

No person who has been injured or damaged as a result of a nuclear incident shall be precluded from bringing a suit against the person or persons responsible for causing the nuclear incident if such suit is instituted within three years after the date on which the injured person first knew, or reasonably could have known, of his or her injury or damage and the cause thereof; except that such suit must be brought within forty years after the date of the nuclear incident.
L. 94: Entire title amended with relocations, p. 2535, § 1, effective 1/1/1995.
This section is similar to former § 43-6-510 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › HIGHWAY SAFETY (§§ 42-20-101 — 42-20-511) › Article 20 - TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS (§§ 42-20-101 — 42-20-511) › Part 5 - NUCLEAR MATERIALS PERMIT SYSTEM (§§ 42-20-501 — 42-20-511) › Section 42-20-511 - Nuclear materials transportation fund

All money collected pursuant to parts 4 and 5 of this article 20 shall be transmitted to the state treasurer, who shall credit the money to the nuclear materials transportation fund, which fund is hereby created. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of the administration of parts 4 and 5 of this article 20.
Amended by 2020 Ch. 155, § 11, eff. 1/1/2021.
L. 94: Entire title amended with relocations, p. 2536, § 1, effective 1/1/1995. L. 2006: Entire section amended, p. 1095, § 6, effective August 7. L. 2020: Entire section amended, (SB 20-118), ch. 667, p. 667, § 11, effective 1/1/2021.
This section is similar to former § 43-6-511 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › VEHICLE VALUE PROTECTION AGREEMENTS (§§ 42-21-101 — 42-21-106) › Article 21 - VEHICLE VALUE PROTECTION AGREEMENTS (§§ 42-21-101 — 42-21-106) › Section 42-21-102 - Requirements for offering vehicle value protection agreements

(1)
A provider shall not offer a vehicle value protection agreement unless the agreement meets the requirements of this article 21. A provider shall not condition the extension of credit, the terms of credit, or the terms of the related vehicle sale or lease upon the purchase of a Vehicle value protection agreement.
(2)
To comply with this section, a vehicle value protection agreement must:
(a)
Provide a benefit to the contract holder upon the trade-in, total loss, or unrecovered theft of a covered vehicle. The benefit may be:
(I)
A credit toward the purchase or lease of a subsequent or replacement vehicle; or
(II)
An amount applied to the cash value of the covered vehicle at the time of trade-in;
(b)
Identify, in the contract, the administrator or provider, the dealer, the contract holder, and the terms of the sale;
(c)
(I)
Guarantee the provider's obligations by an insurance policy that complies with section
42-21-105
; and
(II)
Conspicuously state that the provider's obligations are guaranteed by an insurance policy, issued by an insurer, that pays the contract holder if the provider fails to perform its obligations under the vehicle value protection agreement;
(d)
Outline the terms, including the purchase price of the covered vehicle and any eligibility requirements, conditions of coverage, or exclusions, of the vehicle value protection agreement;
(e)
Notify the contract holder of the following:
(I)
Whether the vehicle value protection agreement is cancellable and the procedures for requesting any refund of the unearned purchase price of the agreement paid by the contract holder;
(II)
The methodology for calculating any refund of the unearned purchase price of the vehicle value protection agreement after the agreement is canceled;
(III)
Any procedures the contract holder must follow to obtain a benefit under the terms and conditions of the vehicle value protection agreement and, if applicable, a telephone number, website, and address where the contract holder may apply for a benefit; and
(IV)
That neither the extension of credit, the terms of credit, nor the terms of the related vehicle sale or lease may be conditioned upon the purchase of the vehicle value protection agreement; and
(f)
State the terms, restrictions, and conditions governing cancellation of the vehicle value protection agreement prior to the termination date of the agreement by either the provider or the contract holder.
Added by 2023 Ch. 36, § 1, eff. 8/7/2023.
2023 Ch. 36, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › VEHICLE VALUE PROTECTION AGREEMENTS (§§ 42-21-101 — 42-21-106) › Article 21 - VEHICLE VALUE PROTECTION AGREEMENTS (§§ 42-21-101 — 42-21-106) › Section 42-21-103 - Requirements for a provider to cancel a vehicle value protection agreement

(1)
(a)
To cancel a vehicle value protection agreement, the provider must mail a written notice to the contract holder at the last-known address of the contract holder contained in the records of the provider at least five days prior to cancellation by the provider; except that the cancellation takes effect immediately upon the provider sending the notice to the contract holder if the reason for the cancellation is:
(I)
Nonpayment of any provider fee required to be paid by the contract holder;
(II)
A material misrepresentation by the contract holder to the provider; or
(III)
A substantial breach of duties by the contract holder relating to the covered vehicle or its use.
(b)
The notice must state the effective date of the cancellation and the reason for the cancellation.
(2)
(a)
If a vehicle value protection agreement is canceled by the provider for a reason other than nonpayment of the provider fee, the provider shall refund to the contract holder, on a pro rata basis, any unearned provider fee paid by the contract holder; except that the provider may charge a reasonable administrative fee of up to seventy-five dollars.
(b)
If coverage under the vehicle value protection agreement continued after a benefit was paid under the agreement, the provider may deduct the amount of the benefit paid from the refund to the contract holder.
Added by 2023 Ch. 36, § 1, eff. 8/7/2023.
2023 Ch. 36, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › VEHICLE VALUE PROTECTION AGREEMENTS (§§ 42-21-101 — 42-21-106) › Article 21 - VEHICLE VALUE PROTECTION AGREEMENTS (§§ 42-21-101 — 42-21-106) › Section 42-21-104 - Third-party administrator

A provider may perform as an administrator or retain the services of a third-party administrator. An administrator has the same powers and duties established under this article 21 as a provider.
Added by 2023 Ch. 36, § 1, eff. 8/7/2023.
2023 Ch. 36, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › VEHICLE VALUE PROTECTION AGREEMENTS (§§ 42-21-101 — 42-21-106) › Article 21 - VEHICLE VALUE PROTECTION AGREEMENTS (§§ 42-21-101 — 42-21-106) › Section 42-21-105 - Vehicle value protection agreements - contractual liability insurance policies

(1)
A provider shall guarantee the provider's obligations by an insurance policy, issued by an insurer, that pays the contract holder if the provider fails to perform the obligations in accordance with the vehicle value protection agreement.
(2)
To comply with this section, an insurance policy required in subsection (1) of this section must provide that:
(a)
If the provider fails to perform its obligations under the vehicle value protection agreement, the contractual liability insurer will pay all covered amounts that the provider is legally obligated to pay according to the agreement; and
(b)
The contract holder may file directly with the insurer for reimbursement if the payment due under the terms of the vehicle value protection agreement is not made by the provider within sixty days after proof of loss or trade-in of the covered vehicle has been filed in accordance with the terms of the agreement.
Added by 2023 Ch. 36, § 1, eff. 8/7/2023.
2023 Ch. 36, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › VEHICLE VALUE PROTECTION AGREEMENTS (§§ 42-21-101 — 42-21-106) › Article 21 - VEHICLE VALUE PROTECTION AGREEMENTS (§§ 42-21-101 — 42-21-106) › Section 42-21-106 - Vehicle value protection agreements not insurance

A vehicle value protection agreement that complies with this article 21 is not insurance and is exempt from regulation as insurance pursuant to title 10.
Added by 2023 Ch. 36, § 1, eff. 8/7/2023.
2023 Ch. 36, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-101 - Legislative declaration

(1)
The general assembly hereby finds and declares that the creation of a department of transportation in Colorado is necessary to:
(a)
Provide strategic planning for statewide transportation systems to meet the transportation challenges to be faced by Colorado in the future;
(b)
Promote coordination between different modes of transportation;
(c)
Integrate governmental functions in order to reduce the costs incurred by the state in transportation matters;
(d)
Obtain the greatest benefit from state expenditures by producing a statewide transportation policy to address the statewide transportation problems faced by Colorado; and
(e)
Enhance the state's prospects to obtain federal funds by responding to federal mandates for multimodal transportation planning.
(2)
The general assembly further finds and declares that nothing in this article and nothing incident to the creation of a department of transportation shall be construed to permit the use of any moneys in the highway users tax fund or any moneys in the aviation fund for any purposes prohibited by the provisions of section 18 of article X of the state constitution.
L. 91: Entire part R&RE, p. 1019, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Commission" means the transportation commission created by section
43-1-106
.
(2)
"Department" means the department of transportation created by this part 1.
(3)
"Executive director" means the executive director of the department.
(4)
"Mass transit" means a coordinated system of transit modes providing transportation for use by the general public.
(5)
"Public mass transit operator" means a state or local governmental entity which provides mass transit services within the state of Colorado.
(6)
"Transportation" means transport of persons or property by motor vehicle, bus, truck, railroad, light rail, mass transit, airplane, bicycle, or any other form of transport. "Transportation" includes pedestrian transportation.
L. 91: Entire part R&RE, p. 1020, § 1, effective July 1.
This section is similar to former § 43-1-110 as it existed prior to 1991.
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-103 - Department created - executive director

(1)
There is hereby created the department of transportation, the head of which shall be the executive director of the department of transportation, which office is hereby created. The executive director shall be appointed by the governor with the consent of the senate and shall serve at the pleasure of the governor.
(2)
The office of the executive director shall include the office of transportation safety created in section
24-42-101
, C.R.S.
(3)
The executive director shall prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section
24-1-136
, C.R.S., a report accounting to the governor and the general assembly for the efficient discharge of all responsibilities assigned by law or directive to the department and the divisions thereof.
(4)
Publications by the executive director circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section
24-1-136
, C.R.S.
L. 91: Entire part R&RE, p. 1020, § 1, effective July 1.
This section is similar to former § 43-1-102 as it existed prior to 1991.
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-104 - Department divisions, sections, and units

(1)
The department consists of the following divisions:
(a)
The highway maintenance division, created in section
43-1-114
;
(b)
The engineering, design, and construction division, created in section
43-1-116
;
(c)
The transportation development division, created in section
43-1-117
;
(d)
The aeronautics division, created in article
10
of this title; and
(e)
The transit and rail division created in section
43-1-117.5
.
(2)
(a)
In addition to the divisions created by subsection (1) of this section, the commission shall create such divisions, sections, and units as are necessary to implement the provisions of this part 1.
(b)
(I)
The commission shall create divisions, sections, or units as are necessary to address the following modes of transportation:
(A)
Mass transit operations of public mass transit operators;
(B)
Special transportation districts including, but not limited to, public highway authorities created pursuant to the provisions of part 5 of article
4
of this title, and tunnel districts created pursuant to the provisions of article
1
of title
32
, C.R.S.;
(C)
Railroads;
(D)
Bicycles and pedestrians.
(II)
The duties of the department with regard to the modes of transportation under this paragraph (b) shall be to:
(A)
Gather information concerning the operations, planning, and funding requirements of the present and future transportation systems to assist the department in planning; and
(B)
Provide data and technical assistance to transportation operators to assist their operations and to help improve transportation in Colorado.
(III)
The department shall not assume operating responsibilities of existing transportation entities unless authorized by intergovernmental agreement.
(c)
The commission shall create such divisions, sections, and units of the department as are necessary to provide the following services for the department:
(I)
Administrative and human services; and
(II)
Financial and budget management.
(d)
Repealed.
Amended by 2015 Ch. 64,§ 3, eff. 3/30/2015.
L. 91: Entire part R&RE, p. 1021, § 1, effective July 1. L. 2009: (1)(e) added, (SB 09-094), ch. 280, p. 1249, §2, effective May 20. L. 2015: IP(1) and (1)(a) amended, (HB 15-1209), ch. 64, p. 174, § 3, effective March 30.
Subsection (2)(d)(II) provided for the repeal of subsection (2)(d), effective July 1, 1996. (See L. 91, p. 1021.)
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-107 - Duties of deputy director

At the request of the executive director or in his or her absence or disability, the deputy director of the department shall perform all of the duties of the executive director, and, when so acting, the deputy director shall have all the powers of and be subject to all of the restrictions imposed upon the executive director. In addition, the deputy director shall perform such other duties as may from time to time be assigned to him or her by the executive director.
L. 91: Entire part R&RE, p. 1029, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-108 - Transfer of functions, employees, and property - contracts

(1)
The department shall, on and after July 1, 1991, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the state department of highways as a principal department prior to July 1, 1991, concerning the duties and functions transferred to the department pursuant to this article. On and after July 1, 1991, the officers and employees of the state department of highways as a principal department prior to said date whose duties and functions concerned the duties and functions transferred to the department pursuant to this article and whose employment in the department of transportation is deemed necessary by the executive director to carry out the purposes of this article shall be transferred to the department and become employees thereof. Such employees shall retain all rights to state personnel system and retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules and regulations.
(2)
On July 1, 1991, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the state department of highways pertaining to the duties and functions transferred to the department pursuant to section
24-1-128.7
, C.R.S., are transferred to the department of transportation and become the property thereof.
(3)
The provisions of subsections (1) and (2) of this section shall not apply to functions, employees, and property transferred under the provisions of section
24-42-104
, C.R.S.
(4)
Whenever the state department of highways is referred to or designated by any contract or other document in connection with the duties and functions transferred to the department pursuant to this article, such reference or designation shall be deemed to apply to the department of transportation pursuant to this article. All contracts entered into by the state department of highways as a principal department prior to July 1, 1991, in connection with the duties and functions transferred to the department pursuant to this article are hereby validated, with the department of transportation created by this article succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred pursuant to such contracts are hereby transferred and appropriated to the department of transportation created by this article for the payment of such obligations.
L. 91: Entire part R&RE, p. 1029, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-109 - Chief engineer

(1)
There is hereby created the office of chief engineer. The chief engineer shall be a licensed professional engineer with a minimum of ten years' responsible engineering experience, including management and organization in the field of highway engineering.
(2)
The chief engineer shall be appointed by the executive director pursuant to section 13 of article XII of the state constitution and shall be employed by the executive director of the department of transportation pursuant to the provisions of the constitution and laws of the state.
L. 91: Entire part R&RE, p. 1030, § 1, effective July 1. L. 2004: (1) amended, p. 1318, § 79, effective May 28.
This section is similar to former § 43-1-104 as it existed prior to 1991.
For provisions concerning the registration of professional engineers, see part 2 of article 120 of title 12.
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-110 - Powers and duties of the chief engineer - hearings - rule-making

(1)
The chief engineer is the director of the engineering, design, and construction division and has direct control and management of the functions of the division subject only to the direction and supervision of the executive director as prescribed in this part 1. The chief engineer shall attend all meetings of the commission and, except as otherwise provided by this part 1 or other law, the chief engineer shall perform all of the duties and exercise all of the powers vested by law in the engineering, design, and construction division, including the awarding, under the supervision of the executive director, of all contracts for the construction or maintenance of state highways and mass transportation projects. It is the duty of the chief engineer in the administration of the division to so organize the same that all employees of the division, so far as possible, are interchangeable in work assignment and may be shifted within the division to meet seasonal and emergency demands.
(2)
Repealed.
(3)
The chief engineer and the executive director are hereby authorized to accept, on behalf of the state, any federal moneys made available for highway, railway, mass transit, and other public transportation purposes for which no regional or local subdivision of the state has operating authority; except that, if an intergovernmental agreement between the Denver regional transportation district and the department concerning the southeast corridor intermodal transportation project is not signed by October 15, 1999, then the chief engineer and the executive director are authorized to accept, on behalf of the state, any federal transit funds made available.
(4)
The executive director or the chief engineer shall represent the department in negotiations with local governmental entities concerning intergovernmental agreements between the department and such local governmental entities to implement the provisions of this article. No such intergovernmental agreement involving more than seven hundred fifty thousand dollars shall become effective without the approval of the commission.
Amended by 2015 Ch. 64,§ 5, eff. 3/30/2015.
L. 91: Entire part R&RE, p. 1030, § 1, effective July 1. L. 99: (3) amended, p. 543, § 1, effective May 5. L. 2015: (1) amended and (2) repealed, (HB 15-1209), ch. 64, p. 175, § 5, effective March 30.
This section is similar to former § 43-1-106 as it existed prior to 1991.
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-111 - Engineer to acquire property

On behalf of the department of transportation, the chief engineer has the authority to take and hold and to contract to take and hold title to real property, or any interest therein, in the name of the department of transportation, whether such real property or interest is used, or intended to be used, for right-of-way or maintenance purposes or for any other purpose authorized by law.
L. 91: Entire part R&RE, p. 1032, § 1, effective July 1.
This section is similar to former § 43-1-107 as it existed prior to 1991.
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-112 - Legal services

(1)
The attorney general shall provide legal services for the department of transportation, including the commission.
(2)
The executive director shall cause the attorney general to bring and prosecute for and defend on behalf of and in the name of the department, or any of its divisions, suits and proceedings:
(a)
To acquire rights-of-way and other property for the department as provided by law for transportation purposes;
(b)
To recover damages for negligence resulting in injury to property of the department as provided in subsection (3) of this section, but such damages shall be diminished in proportion to the amount of negligence, if any, attributable to the department;
(c)
To enforce or recover damages for the breach of contracts entered into by the department;
(d)
To quiet title to or to recover real or personal property or any interest or right therein;
(e)
For any other purpose necessary and proper for carrying out the functions of the department.
(3)
To recover damages to property of the department pursuant to paragraph (b) of subsection (2) of this section, the department shall send by first-class mail a written bill for the damage to any person causing such damage. If the person disputes liability for the damage or the amount of the bill, the person may file within twenty days of receipt of the bill an appeal with the department's chief engineer in charge of operations and maintenance in accordance with the provisions of section
24-4-105
, C.R.S. The bill shall provide notice of the right to appeal.
L. 91: Entire part R&RE, p. 1032, § 1, effective July 1. L. 95: (2)(b) amended and (3) added, p. 1301, § 3, effective June 5.
This section is similar to former § 43-1-108 as it existed prior to 1991.
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-112.5 - Establishment of annual allowable revenues and expenditures by general assembly

(1)
The general assembly hereby finds and declares that:
(a)
Section 20 of article X of the state constitution limits state fiscal year spending;
(b)
Subject to certain exclusions specified in section 20 of article X of the state constitution, including the exclusion of collections for another government, as defined in section 24-77-102 (1), all state general fund expenditures and all state cash fund expenditures, including expenditures of the department and the commission, are included in the limitation on state fiscal year spending;
(c)
The legislative powers of the general assembly, including but not limited to its plenary power of appropriation, authorize and require the general assembly to assure compliance with the limitation on state fiscal year spending and to make fundamental fiscal policy decisions establishing the level of activity of all departments and agencies of state government, including the department and the commission; and
(d)
Consonant with the exercise of such legislative powers, the general assembly must establish limits on the revenues under the jurisdiction of and the expenditures of the department and the commission.
(2)
For the 1993-94 fiscal year and fiscal years thereafter, the general assembly, in the general appropriation bill or by separate bill, shall prescribe the total amount of allowable revenues which may be collected and expenditures which may be made by the department and the commission for the fiscal year. The amounts prescribed by the general assembly pursuant to this subsection (2) shall be based upon the determination of the limitation on state fiscal year spending under section 20 of article X of the state constitution and upon decisions establishing the level of activity of all departments and agencies of state government, including the department and the commission.
Amended by 2024 Ch. 359,§ 4, eff. 6/3/2024.
L. 93: Entire section added, p. 1512, § 15, effective June 6.
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-114 - Highway maintenance division - creation

(1)
There is hereby created a highway maintenance division in the department of transportation. The executive director shall appoint the director of the division, and either the executive director, the director of the division, or another designee of the executive director shall appoint other necessary staff of the division in accordance with the provisions of section 13 of article XII of the state constitution.
(2)
The highway maintenance division and the director of the division are
type 2
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions under the department and the executive director.
(3)
Whenever the chief engineer is authorized to enter into contracts or agreements, the contracts or agreements must be executed in the name of the department of transportation, state of Colorado, by the chief engineer, or his or her designee. Whenever the chief engineer is authorized to acquire or convey real or personal property, title thereto must be acquired or conveyed in the name of the department of transportation, state of Colorado, and all such conveyances must be executed by the chief engineer, or his or her designee. All suits or proceedings brought by or against the chief engineer must be in the name of the department of transportation, state of Colorado.
(4)
It is the duty of the director of the highway maintenance division, in the administration of the division, to organize the division so that all division employees so far as possible, are interchangeable in work assignment and may be shifted within the division to meet seasonal and emergency demands.
Amended by 2022 Ch. 469,§219, eff. 8/10/2022.
Amended by 2015 Ch. 64,§6, eff. 3/30/2015.
L. 91: Entire part R&RE, p. 1039, § 1, effective July 1. L. 2015: Entire section amended, (HB 15-1209), ch. 64, p. 175, § 6, effective March 30.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-115 - Transportation data collection

(1)
The transportation development division shall compile and maintain consistent information concerning the condition of the streets, roads, highways, and other transportation systems of this state. Such information shall be obtained from data available to the division, counties, and municipalities and shall be obtained from the appropriate personnel of the transportation development division, the governmental officials of any county or municipality in the state, or any other person deemed appropriate by the transportation development division. The transportation development division, after consultation with representatives of municipalities and counties, shall establish and disseminate a uniform method of reporting such information.
(2)
The information obtained pursuant to subsection (1) of this section shall be reported annually in conjunction with the reports required to be submitted pursuant to sections
43-2-120(5)
and
43-2-132(5)
.
L. 91: Entire part R&RE, p. 1040, § 1, effective July 1.
This section is similar to former § 43-1-106.5 as it existed prior to 1991.
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-116 - Engineering, design, and construction division - created - duties - environmental justice and equity branch

(1)
There is hereby created, in the department of transportation, the engineering, design, and construction division, the head of which shall be the chief engineer.
(2)
The engineering, design, and construction division and the office of the chief engineer are
type 2
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions under the department of transportation and the executive director.
(3)
The engineering, design, and construction division shall be responsible for all engineering, design, and construction operations of the department.
(4)
The department shall update the bidding rules regarding prequalification requirements, including the contract amounts for which a bidder is required to submit an audited financial statement reviewed by a certified public accountant. In addition, the chief engineer shall develop a policy regarding how previous relevant experience and the bonding capacity of a contractor will be considered when evaluating proposals and bids submitted for public projects.
(5)
The environmental justice and equity branch is created in the engineering, design, and construction division. The function of the environmental justice and equity branch is to work directly with disproportionately impacted communities, as well as with other department programs, in the project planning, environmental study, and project delivery phases of transportation capacity projects. The environmental justice and equity branch shall identify and address technological, language, and information barriers that may prevent disproportionately impacted communities from participating fully in transportation decisions that affect health, quality of life, and access for disadvantaged and minority businesses in project delivery.
Amended by 2022 Ch. 469,§220, eff. 8/10/2022.
Amended by 2021 Ch. 250,§28, eff. 6/17/2021.
Amended by 2017 Ch. 373,§1, eff. 8/9/2017.
L. 91: Entire part R&RE, p. 1041, § 1, effective July 1. L. 2017: (4) added, (SB 17-211), ch. 373, p. 1936, § 1, effective August 9. L. 2021: (5) added, (SB 21-260), ch. 1412, p. 1412, § 28, effective June 17.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-117 - Transportation development division - created - duties - freight mobility and safety branch - repeal

(1)
There is hereby created, in the department of transportation, the transportation development division, the head of which shall be the director of the transportation development division, which office is hereby created.
(2)
The transportation development division and the office of the director of the division are
type 2
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions under the department of transportation and the executive director.
(3)
The transportation development division shall be responsible for the implementation of the provisions of part 11 of this article.
(4)
The freight mobility and safety branch is created in the transportation development division. The function of the freight mobility and safety branch is to plan, design, and implement programs and projects that enhance freight mobility and safety within the state. No later than January 1, 2022, the freight mobility and safety branch shall provide to the commission a long-term strategic plan that sets forth the vision and goals for the branch, key priorities for all freight-related programs, activities, and projects, and guidelines for coordination between the branch and the freight advisory committee.
(5)
(a)
Three days after May 26, 2022, the state treasurer shall transfer ten million dollars from the general fund to the state highway fund created in section
43-1-219
for use by the transportation development division as additional funding for the revitalizing main streets program, giving priority to programs that improve air quality through increased use of transit.
(b)
This subsection (5) is repealed, effective July 1, 2026.
Amended by 2022 Ch. 469,§221, eff. 8/10/2022.
Amended by 2022 Ch. 236,§3, eff. 5/26/2022.
Amended by 2021 Ch. 250,§29, eff. 6/17/2021.
L. 91: Entire part R&RE, p. 1041, § 1, effective July 1. L. 2021: (4) added, (SB 21-260), ch. 250, p. 1412, § 29, effective June 17.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-118 - Employees - duties

All employees of the department not otherwise provided for in this part 1 shall be employed and shall serve pursuant to the constitution and laws of the state. They shall have such powers and shall perform such duties as may be assigned to them by the chief engineer, by the executive director, or by the director of their respective divisions.
L. 91: Entire part R&RE, p. 1041, § 1, effective July 1.
This section is similar to former § 43-1-109 as it existed prior to 1991.
2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-119 - Applications for licenses - authority to suspend licenses - rules

(1)
Every application by an individual for a license issued by the department or any authorized agent of the department shall require the applicant's name, address, and social security number.
(2)
The department or any authorized agent of the department shall deny, suspend, or revoke any license pursuant to the provisions of section
26-13-126
, C.R.S., and any rules promulgated in furtherance thereof, if the department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the department, rules promulgated by the state board of human services, and any memorandum of understanding entered into between the department or an authorized agent thereof and the state child support enforcement agency for the implementation of this section and section
26-13-126
, C.R.S.
(3)
(a)
The department shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the department and the state child support enforcement agency in the department of human services with respect to the implementation of this section and section
26-13-126
, C.R.S.
(b)
The appropriate rule-making body of the department is authorized to promulgate rules to implement the provisions of this section.
(4)
For purposes of this section, "license" means any recognition, authority, or permission that the department or any authorized agent of such department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. "License" may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
L. 97: Entire section added, p. 1311, § 48, effective July 1.
For the legislative declaration contained in the 1997 act enacting this section, see section 1 of chapter 236, Session Laws of Colorado 1997.