HOUSE 3rd Reading Unamended January 31, 2005 HOUSE Amended 2nd Reading January 24, 2005First Regular Session Sixty-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 05-0359.01 Stephen Miller HOUSE BILL 05-1043 HOUSE SPONSORSHIP Hodge, SENATE SPONSORSHIP Shaffer, House Committees Senate Committees Transportation & Energy A BILL FOR AN ACT Concerning an increase in the penalty for a moving traffic violation committed in a wildlife crossing zone. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Doubles the applicable penalties and surcharges when a motorist commits a moving traffic violation in an area that has been designated a wildlife crossing zone. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Part 6 of article 4 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 42-4-616. Wildlife crossing zones - increase in penalties for moving traffic violations. (1) Any person who commits a moving traffic violation in a wildlife crossing zone is subject to the increased penalties and surcharges imposed by section 42-4-1701 (4) (d). (2) For the purposes of this section, "wildlife crossing zone" means an area on a public highway that begins at a sign, which conforms to the state traffic control manual and was erected by a state or local governmental entity having jurisdiction over the public highway, and indicates that the motorist is about to enter a wildlife crossing zone and that extends: (a) To a sign, which conforms to the state traffic control manual and was erected by a state or local governmental entity having jurisdiction over the public highway, and indicates that the motorist is about to leave a wildlife crossing zone; or (b) If no sign exists that complies with paragraph (a) of this subsection (2), the distance indicated on a sign at the beginning of the wildlife crossing zone; or (c) If no sign exists that complies with paragraph (a) or (b) of this subsection (2), one-half mile beyond the sign indicating the beginning of a wildlife crossing zone as specified in this subsection (2). (3) The state or local government having jurisdiction over the placement of traffic signs and traffic control devices in the wildlife crossing zone area shall designate when the area will be deemed to be a wildlife crossing zone for the purposes of this section. (4) This section does not apply if: (a) The penalty and surcharge for a violation have been doubled pursuant to section 42-4-614 or 42-4-615; or (b) The sign indicating that the motorist is about to enter a wildlife crossing zone does not indicate that increased traffic penalties are in effect in such zone. (5) (a) State and local jurisdictions are encouraged to retrofit existing, replace existing, or install new wildlife crossing zone signs indicating that increased traffic penalties are in effect in the wildlife crossing zone. (b) State and local jurisdictions that elect to retrofit existing, replace existing, or install new wildlife crossing zone signs shall ensure that the signs indicate, in conformity with the state traffic control manual, that increased traffic penalties are in effect within the wildlife crossing zone. For purposes of this section, it shall be sufficient that such signs state "increased penalties in effect." SECTION 2. 42-4-1701 (4) (d), Colorado Revised Statutes, is amended to read: 42-4-1701. Traffic offenses and infractions classified - penalties - penalty and surcharge schedule - repeal. (4) (d) The penalty and surcharge imposed for any moving traffic violation under subparagraph (I) of paragraph (a) of this subsection (4) are doubled if the violation occurs within a school zone pursuant to section 42-4-615 or within a wildlife crossing zone pursuant to section 42-4-616. SECTION 3. Effective date - applicability. (1) 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 that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution (August 10, 2005, if adjournment sine die is on May 11, 2005); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. (2) The provisions of this act shall apply to moving traffic violations committed on or after the applicable effective date of this act.