HOUSE 3rd Reading Unamended March 2, 2011 HOUSE Amended 2nd Reading February 28, 2011 First Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 11-0013.01 Gregg Fraser HOUSE BILL 11-1059 HOUSE SPONSORSHIP Swalm, SENATE SPONSORSHIP Spence and Tochtrop, House Committees Senate Committees Local Government A BILL FOR AN ACT Concerning a restriction on fees charged by local governments for costs incurred in connection with responding to motor vehicle accidents. 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://www.leg.state.co.us/billsummaries.) The bill prohibits local governments from imposing a fee or seeking reimbursement for costs incurred by police officers, firefighters, and other first responders in connection with responding to a motor vehicle accident, with exceptions for certain costs for cleaning up hazardous materials and costs incurred in connection with providing ambulance service. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) The cost of responding to motor vehicle accidents has traditionally been borne by the city, county, or other local government within which the accident occurs; (b) A number of cities, counties, and special districts have begun to impose or consider imposing accident fees upon nonresidents to pay for the cost of responding to motor vehicle accidents; (c) These accident fees constitute a new, nontraditional method of regulating drivers in the state; (d) Given the nature of metropolitan areas, a driver could pass through multiple jurisdictions in a single, short trip to work, home, or shopping; (e) As traffic on roadways in the state and between municipalities becomes more and more integrated, it becomes even more necessary to have uniform laws regulating the responsibilities of drivers; (f) The use of accident fees changes the nature of the enforcement of laws in a fundamental way and alters Colorado citizens' basic expectations about their responsibilities in the event of an accident; (g) The use of accident fees by a city has a significant impact on Colorado residents living outside the city and directly implicates the expectations of Colorado citizens; (h) Allowing a variety of accident fees in a multitude of jurisdictions will increase the potential for driver confusion; (i) If some cities adopt accident fees, others may adopt similar or escalating fees in order to extract compensation from residents of neighboring communities; (j) Restricting accident fees will effectuate increased cooperation among local governments; (k) Article XX of the state constitution does not specifically commit the regulation of fees charged for motor vehicle accidents to local regulation; and (l) The regulation of accident fees is a matter of statewide concern. SECTION 2. Part 10 of article 1 of title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 29-1-1003. Prohibition of fees for first-responder services - exceptions. (1) On and after December 31, 2011, notwithstanding any law to the contrary, a local government shall not impose a fee or seek reimbursement from a nonresident of the local government for any costs or expenses that may be incurred for services provided within the boundaries of an urban municipality by a law enforcement officer, firefighter, emergency medical technician, paramedic, or other first responder who is employed by a public entity, including costs or expenses related to personnel, supplies, motor vehicles, or equipment in response to a motor vehicle accident, except for costs to contain or clean up hazardous materials where specifically provided for by law or for transportation and treatment provided in connection with the provision of ambulance service. Nothing in this section shall be construed to affect the ability of any local government to impose a fee or seek reimbursement for costs related to an emergency incident involving an aircraft, to a rail transportation incident, to open water rescue, or to open water recovery activities. (2) For purposes of this section, unless the context otherwise requires: (a) "Local government" shall have the same meaning as set forth in section 29-1-602. (b) "Urban municipality" means the city and counties of Broomfield and Denver; the cities of Arvada, Aurora, Boulder, Brighton, Castle Pines North, Centennial, Cherry Hills Village, Colorado Springs, Commerce City, Dacono, Edgewater, Englewood, Evans, Federal Heights, Fort Collins, Fort Lupton, Fountain, Glendale, Golden, Greeley, Greenwood Village, Lafayette, Lakewood, Littleton, Lone Tree, Longmont, Louisville, Loveland, Manitou Springs, Northglenn, Sheridan, Thornton, Westminster, and Wheat Ridge; and the towns of Berthoud, Bow Mar, Columbine Valley, Erie, Firestone, Foxfield, Frederick, Gilcrest, Hudson, Johnstown, La Salle, Lakeside, Lochbuie, Milliken, Morrison, Mountain View, Superior, Timnath, and Windsor. SECTION 3. 32-1-1002 (1) (e) (I), Colorado Revised Statutes, is amended to read: 32-1-1002. Fire protection districts - additional powers and duties. (1) In addition to the powers specified in section 32-1-1001, the board of any fire protection district has the following powers for and on behalf of such district: (e) To fix and from time to time increase or decrease fees and charges as follows, and the board may pledge such revenue for the payment of any indebtedness of the district: (I) For ambulance or emergency medical services and, subject to the restrictions set forth in section 29-1-1003, C.R.S., for extrication, rescue, or safety services provided in furtherance of ambulance or emergency medical services. "Extrication, rescue, or safety services" includes but is not limited to any: (A) Services provided prior to the arrival of an ambulance; (B) Rescue or extrication of trapped or injured parties at the scene of a motor vehicle accident; and (C) Lane safety or blocking provided by district equipment. SECTION 4. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.