SENATE
                       3rd Reading Unamended
                  February 15, 2010     SENATE
                Amended 2nd Reading
                     February 12, 2010Second Regular Session
             Sixty-seventh General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 10-0431.01 Jery Payne           SENATE BILL 10-040
                   SENATE SPONSORSHIP
 Tochtrop, 
 
                    HOUSE SPONSORSHIP
 Merrifield, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Transportation
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning motorcycle safety education programs.
       
       
                           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.)
       
            Section 2 of the bill creates a program to raise motorists'
       awareness of safely using the road with motorcycles, funded by using 5%
       of the motorcycle operator safety training fund.  Section 1 limits the use
       of the motorcycle operator safety training fund moneys to providing
       motorcycle training tuition for students and travel reimbursement for
       instructors.  In addition, section 1 sets a maximum tuition level.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Legislative declaration.  This act is not intended
       to authorize an increase in the amount of the fees collected pursuant to
       sections 42-2-114 (2) (b) and (4) (b), 42-2-118 (1) (b) (II), and 42-3-304
       (4), C.R.S.
            SECTION 2.  43-5-504, Colorado Revised Statutes, is amended
       to read:
            43-5-504.  Motorcycle operator safety training fund.  (1)  There
       is hereby created in the state treasury a motorcycle operator safety
       training fund, which shall consist of moneys collected pursuant to
       sections 42-2-114 (2) (b) and (4) (b), 42-2-118 (1) (b) (II), and 42-3-304
       (4), C.R.S.  The moneys in the fund shall be available immediately,
       without further appropriation, for allocation by the transportation
       commission to the office of transportation safety to be used for the
       implementation and administration of the program.  Moneys credited to
       the fund shall remain therein in the fund at the end of each fiscal year
       and shall not be transferred to any other fund.
            (2)  The office shall use five percent of the moneys in the
       fund to implement section 43-5-506.
            (3)  The office shall distribute eighty percent of the
       moneys in the fund only for tuition subsidization based upon the
       number of students trained by the program using a tuition
       system; except that a program sponsor may be reimbursed for
       expenses occurring as a result of traveling to provide a
       program to an area without a permanent training site.
            (4)  The office shall annually set a maximum tuition per
       student that may be charged to students in order to enable the
       maximum number of students to obtain safety training.
            SECTION 3.  Part 5 of article 5 of title 43, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to
       read:
            43-5-506.  Motorist awareness.  The office shall create a
       program to raise motorists' awareness concerning safe
       interaction between motorcycles and other motor vehicles.  The
       program may include placing signs at places known to be
       hazardous to motorcycles and promoting a motorcycle
       awareness month.
            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
       11, 2010, if adjournment sine die is on May 12, 2010); 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 2010 and shall take effect on the date of the official
       declaration of the vote thereon by the governor.