Second Regular Session DRAFT

Sixty-seventh General Assembly 10.14.09

STATE OF COLORADO
BILL 6

LLS NO. 10-0196.01 Jason Gelender INTERIM COMMITTEE BILL

Transportation Legislation Review Committee

@House1 Committees @House2 Committees

SHORT TITLE: "Highway Work Zone Accident Reporting"

A BILL FOR AN ACT

101 C ONCERNING ANNUAL REPORTING TO THE GENERAL ASSEMBLY OF
102 ACCIDENTS IN STATE HIGHWAY WORK AREAS THAT RESULT IN
103 DEATH OR SERIOUS BODILY INJURY.

Bill Summary

(Note: This summary applies to this bill as introduced and does

not necessarily reflect any amendments that may be subsequently
adopted.)

Transportation Legislation Review Committee. The bill

requires the department of transportation to annually report to the
transportation and energy committee of the house of representatives and
the transportation committee of the senate regarding accidents occurring
in state highway work areas that result in death or serious bodily injury.

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
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10.14.09

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. 42-4-1601 (4), Colorado Revised Statutes, is

3 amended to read:

4 42-4-1601. Accidents involving death or personal injuries -

5 duties. (4) As used in this section and sections 42-4-1603, and

6 42-4-1606, AND 42-4-1612:

7 (a) "Injury" means physical pain, illness, or any impairment of

8 physical or mental condition.

9 (b) "Serious bodily injury" means injury that involves, either at the

10 time of the actual injury or at a later time, a substantial risk of death, a

11 substantial risk of serious permanent disfigurement, or a substantial risk

12 of protracted loss or impairment of the function of any part or organ of

13 the body, or breaks, fractures, or burns of the second or third degree.

14 SECTION 2. Part 16 of article 4 of title 42, Colorado Revised

15 Statutes, is amended BY THE ADDITION OF A NEW SECTION to

16 read:

17 42-4-1612. Accidents in state highway work areas - annual

18 reporting by department of transportation. (1) O N OR BEFORE

19 F EBRUARY 15, 2011, AND ON OR BEFORE F EBRUARY 15 OF EACH

20 SUCCEEDING YEAR, THE DEPARTMENT OF TRANSPORTATION SHALL

21 PRESENT A REPORT TO THE TRANSPORTATION COMMITTEE OF THE HOUSE

22 OF REPRESENTATIVES AND THE TRANSPORTATION COMMITTEE OF THE

23 SENATE, OR ANY SUCCESSOR COMMITTEES, REGARDING ACCIDENTS IN

24 STATE HIGHWAY WORK AREAS DURING THE PRECEDING YEAR THAT

25 RESULTED IN DEATH OR SERIOUS BODILY INJURY. T HE REPORT SHALL

26 INCLUDE, AT A MINIMUM:

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1 (a) A SUMMARY OF THE TOTAL NUMBER OF ACCIDENTS RESULTING

2 IN DEATH , THE TOTAL NUMBER OF ACCIDENTS RESULTING IN SERIOUS

3 BODILY INJURY, THE TOTAL NUMBER OF INDIVIDUALS KILLED, AND THE

4 TOTAL NUMBER OF INDIVIDUALS SUSTAINING SERIOUS BODILY INJURY;

5 (b) A CATEGORIZATION OF THE TOTAL NUMBER OF INDIVIDUALS

6 KILLED OR SUSTAINING SERIOUS BODILY INJURY THAT IDENTIFIES THE

7 INDIVIDUALS AS EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION,

8 EMPLOYEES OF CONTRACTORS OR SUBCONTRACTORS WORKING ON A

9 PROJECT FOR THE DEPARTMENT, OR OTHER INDIVIDUALS;

10 (c) A DESCRIPTION OF EACH ACCIDENT THAT INCLUDES

11 INFORMATION REGARDING THE LOCATION AND TIME OF THE ACCIDENT, THE

12 WEATHER AND ROAD SURFACE CONDITIONS AT THE TIME OF THE ACCIDENT,

13 THE NUMBER OF DEATHS OR SERIOUS BODILY INJURIES RESULTING FROM

14 THE ACCIDENT, THE IDENTIFICATION OF ANY PERSON KILLED OR

15 SUSTAINING SERIOUS BODILY INJURY IN THE ACCIDENT AS A MEMBER OF A

16 CATEGORY SPECIFIED IN PARAGRAPH (b) OF THIS SUBSECTION (1), THE

17 TYPE OF EACH VEHICLE INVOLVED IN THE ACCIDENT, AND, TO THE EXTENT

18 KNOWN, THE CAUSE OF THE ACCIDENT. I F AN ACCIDENT RESULTS IN OR IS

19 REASONABLY ANTICIPATED TO RESULT IN A CIVIL LAWSUIT OR A CRIMINAL

20 PROSECUTION INVOLVING THE DEPARTMENT OF TRANSPORTATION OR ANY

21 EMPLOYEE, CONTRACTOR, OR SUBCONTRACTOR OF THE DEPARTMENT, THE

22 DEPARTMENT MAY INDICATE THAT THE CAUSE OF THE ACCIDENT IS THE

23 SUBJECT OF PENDING LITIGATION IN LIEU OF PROVIDING INFORMATION

24 REGARDING THE CAUSE OF THE ACCIDENT.

25 (d) A DESCRIPTION OF BOTH ONGOING AND NEWLY IMPLEMENTED

26 MEASURES TAKEN BY THE DEPARTMENT OF TRANSPORTATION ,

27 CONTRACTORS OR SUBCONTRACTORS WORKING ON PROJECTS FOR THE

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10.14.09
1 DEPARTMENT, OR OTHER ENTITIES WORKING WITH THE DEPARTMENT TO

2 PREVENT ACCIDENTS IN STATE HIGHWAY WORK AREAS THAT RESULT IN

3 DEATH OR SERIOUS BODILY INJURY.

4 (2) N OTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE

5 THE DEPARTMENT OF TRANSPORTATION TO SPECIFICALLY IDENTIFY BY

6 NAME ANY INDIVIDUAL KILLED, INJURED, OR OTHERWISE INVOLVED IN AN

7 ACCIDENT.

8 SECTION 3. Act subject to petition - effective date. This act

9 shall take effect at 12:01 a.m. on the day following the expiration of the

10 ninety-day period after final adjournment of the general assembly (August

11 11, 2010, if adjournment sine die is on May 12, 2010); except that, if a

12 referendum petition is filed pursuant to section 1 (3) of article V of the

13 state constitution against this act or an item, section, or part of this act

14 within such period, then the act, item, section, or part shall not take effect

15 unless approved by the people at the general election to be held in

16 November, 2010, and shall take effect on the date of the official

17 declaration of the vote thereon by the governor.

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