NOTE: The governor signed this measure on 3/27/2014.
      
      
      SENATE BILL 14-060
      
      
      BY SENATOR(S) Todd and King, Guzman, Hodge, Newell, Nicholson;
      also REPRESENTATIVE(S) Coram and Williams, Labuda, Mitsch Bush,
      Rosenthal, Schafer, Tyler, Young.
      
      
      Concerning the authorization of the department of
           transportation to conduct flagperson training.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 42-4-712, amend (3)
      as follows:
      
           42-4-712.  Driving in highway work area. (3)  State and local road
      authorities, within their respective jurisdictions and in cooperation with law
      enforcement agencies, may train and appoint adult civilian personnel for
      special traffic duty as highway flagpersons within any highway
      maintenance or construction work area. Whenever such duly authorized
      flagpersons are wearing the badge, insignia, or uniform of their office, are
      engaged in the performance of their respective duties, and are displaying
      any official hand signal device of a type and in the manner prescribed in the
      adopted state traffic control manual or supplement thereto for signaling
      traffic in such areas to stop or to proceed, no person shall willfully fail or
      refuse to obey the visible instructions or signals so displayed by such
      flagpersons. Any alleged willful failure or refusal of a driver to comply
      with such instructions or signals, including information as to the identity
      of the driver and the license plate number of the vehicle alleged to have
      been so driven in violation, shall be reported by the work area supervisor
      in charge at the location to the district attorney for appropriate penalizing
      action in a court of competent jurisdiction. Any person who violates any
      provision of this section commits a class A traffic infraction.
      
           SECTION 2.  In Colorado Revised Statutes, add 43-5-308 as
      follows:
      
           43-5-308.  Flagpersons - definition - penalty. (1) (a)  A person
      shall not fail or refuse to obey the visible instructions, signals,
      or direction displayed or given by a flagperson. A person who
      violates this paragraph (a) commits a class A traffic infraction.
      
           (b)  If a driver fails to comply with the flagperson's
      instructions, the flagperson or any other person with
      information as to the identity of the driver or the license plate
      number of the driver's vehicle may, and if practicable shall,
      promptly relay the information to the appropriate law
      enforcement agency.
      
           (2) (a)  Only a trained person may provide temporary traffic
      control or direction within any highway, road, or street
      maintenance or construction work area as a flagperson.
      
           (b)  The department shall authorize public and private
      entities to conduct flagperson certification training and shall
      develop and provide, at cost, examination and training materials
      that authorized entities must use in conducting flagperson
      certification.
      
           (c)  While directing traffic, a flagperson shall wear
      high-visibility garments and display an official hand signal
      device prescribed in the state traffic control manual adopted by
      the department pursuant to section 42-4-104, C.R.S., or its
      supplement.
      
           (d)  A flagperson shall abide by the Colorado manual of
      uniform traffic control devices and shall not use any device that
      might distract the flagperson's vision, hearing, or attention
      while directing traffic.
      
           (3)  As used in this section, "flagperson" means a person:
      
           (a)  Eighteen years of age or older;
      
           (b)  Trained by an entity authorized by the department;
      
           (c)  Employed by the department, a department contractor,
      a political subdivision of the state, or a contractor of a political
      subdivision; and
      
           (d)  Acting in his or her official capacity while performing
      work within a temporary traffic control zone.
      
           (4)  This section does not apply to law enforcement
      personnel while performing official law enforcement duties.
      
           SECTION 3.  Effective date. This act takes effect July 1, 2014.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Morgan Carroll                        Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO