Colorado 2023 Regular Session

Colorado Senate Bill SB200 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0912.01 Josh Schultz x5486
1	8		SENATE BILL 23-200
2		-	BY SENATOR(S) Winter F., Coleman, Cutter, Gonzales, Hansen,
3		-	Marchman, Priola, Fenberg;
4		-	also REPRESENTATIVE(S) Froelich and Herod, Amabile, Bird, Dickson,
5		-	Epps, Hamrick, Jodeh, Kipp, Lindsay, Mabrey, Michaelson Jenet, Ortiz,
6		-	Parenti, Vigil, Young, McCluskie.
	9	+	Senate Committees House Committees
	10	+	Transportation & Energy Transportation, Housing & Local Government
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
7	13		C
8		-	ONCERNING THE UTILIZATION OF AUTOMATED VEHICLE IDENTIFICATION
9		-	SYSTEMS FOR INCREASED TRAFFIC LAW ENFORCEMENT BY CERTAIN
10		-	JURISDICTIONS
11		-	.
12		-
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. In Colorado Revised Statutes, amend 42-4-110.5 as
15		-	follows:
16		-	42-4-110.5. Automated vehicle identification systems - legislative
17		-	declaration - exceptions to liability - penalty - limits on use of
18		-	photographs and video - definitions. (1) The general assembly hereby
19		-	finds and declares that the enforcement of traffic laws through the use of
20		-	automated vehicle identification systems under this section is a matter of
21		-	statewide concern and is an area in which uniform state standards are
22		-	necessary.
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (1.4) NOTHING IN THIS SECTION APPLIES TO THE USE OF AUTOMATED
31		-	VEHICLE IDENTIFICATION SYSTEMS FOR THE PURPOSE OF COLLECTING TOLLS
32		-	,
33		-	FEES, OR CIVIL PENALTIES IN ACCORDANCE WITH PART 5 OF ARTICLE 4 OF
34		-	TITLE
35		-	43 AND SECTION 43-4-808.
36		-	(1.5) Except for the authorization contained in subsection (1.7) of
37		-	this section, nothing in this section shall apply
38		-	APPLIES to a violation
39		-	detected by an automated vehicle identification device SYSTEM for driving
40		-	twenty-five miles per hour or more in excess of the reasonable and prudent
41		-	speed or twenty-five miles per hour or more in excess of the maximum
42		-	speed limit of seventy-five miles per hour detected by the use of an
43		-	automated vehicle identification device
44		-	SYSTEM.
45		-	(1.7) (a) (I) Upon request from the department of transportation, the
46		-	department of public safety shall utilize an automated vehicle identification
47		-	system to detect speeding violations under part 11 of this article
48		-	ARTICLE 4
49		-	within a highway maintenance, repair, or construction zone designated
50		-	pursuant to section 42-4-614 (1)(a), if the department of public safety
51		-	complies with subsections (2) to (6) of this section. An automated vehicle
52		-	identification system shall not be used under this subsection (1.7) unless
53		-	maintenance, repair, or construction is occurring at the time the system is
54		-	being used.
55		-	(II) The department of public safety may contract with a vendor to
56		-	implement this subsection (1.7),
57		-	INCLUDING TO:
	14	+	ONCERNING THE UTILIZATIO N OF AUTOMATED VEHICLE101
	15	+	IDENTIFICATION SYSTEMS FOR INCREASED TRAFFIC LAW102
	16	+	ENFORCEMENT BY CERTAIN
	17	+	JURISDICTIONS.103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill changes the deadline by which the state, a county, a city
	26	+	and county, or a city (jurisdiction) is required to issue and send by mail
	27	+	or other delivery service a notice of violation when a traffic violation is
	28	+	detected through the use of an automated vehicle identification system
	29	+	(system) from 90 days after the violation to:
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 2, 2023
	33	+	HOUSE
	34	+	Amended 2nd Reading
	35	+	May 1, 2023
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	April 21, 2023
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	April 20, 2023
	42	+	SENATE SPONSORSHIP
	43	+	Winter F., Coleman, Cutter, Fenberg, Gonzales, Hansen, Marchman, Priola
	44	+	HOUSE SPONSORSHIP
	45	+	Froelich and Herod, Amabile, Bird, Dickson, Epps, Hamrick, Jodeh, Kipp, Lindsay,
	46	+	Mabrey, McCluskie, Michaelson Jenet, Ortiz, Parenti, Vigil, Young
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. ! 30 days after the violation if the motor vehicle involved is
	50	+	registered in the state; or
	51	+	! 60 days after the violation if the motor vehicle involved is
	52	+	registered outside of the state.
	53	+	The bill specifies the information required in a notice of violation
	54	+	and a civil penalty assessment notice. If a registered motor vehicle owner
	55	+	(owner) fails to request a hearing to dispute the alleged violation or fails
	56	+	to pay the civil penalty in full by the deadline stated in the notice, the
	57	+	owner waives the right to contest the violation or amount of the penalty,
	58	+	and the jurisdiction is required to enter a final order of liability against the
	59	+	owner. Any appeal of a final order must be brought in the manner
	60	+	required by the jurisdiction for similar appeals.
	61	+	The bill establishes that the owner of a motor vehicle involved in
	62	+	a violation detected through the use of a system, including an owner
	63	+	engaged in the business of leasing or renting motor vehicles, is presumed
	64	+	liable for any civil penalty imposed, but the owner may obtain payment
	65	+	for the penalty from a person that leased or rented the motor vehicle at the
	66	+	time the violation occurred or may avoid liability for the civil penalty if
	67	+	the owner demonstrates that, at the time of the violation, the motor
	68	+	vehicle was leased to another person for a period of more than one year.
	69	+	The bill also specifies the methods by which the owner of a motor
	70	+	vehicle involved in a traffic violation may rebut the presumption of
	71	+	liability for the violation.
	72	+	The bill requires a jurisdiction utilizing a system to report unpaid
	73	+	violations to the department of revenue (department). The department
	74	+	shall keep a record of unpaid violations and suspend the registration of
	75	+	the motor vehicle until the penalty is paid or prohibit the title transfer of
	76	+	the motor vehicle. The bill allows the department to collect a $25
	77	+	administration fee to cover its administration costs.
	78	+	The bill requires a jurisdiction implementing a new system after
	79	+	July 1, 2023, to:
	80	+	! Announce the implementation of the system through its
	81	+	website for at least 30 days prior to the use of the system;
	82	+	and
	83	+	! Issue only warnings for traffic violations detected by the
	84	+	system for the first 30 days after the system is installed or
	85	+	deployed.
	86	+	The bill allows a municipality to designate all or a portion of a
	87	+	street as an automated vehicle identification corridor within which the
	88	+	municipality may locate a system to detect traffic violations under
	89	+	specified circumstances.
	90	+	The bill permits a jurisdiction to compensate a manufacturer or
	91	+	vendor of system equipment for the value of services provided, in
	92	+	addition to compensating for the value of the system equipment as
	93	+	permitted under current law.
	94	+	200
	95	+	-2- The bill imposes restrictions on when photographs may be taken
	96	+	by a system and on access to and use of photographs and video created by
	97	+	systems and requires photographs and videos to be destroyed after a
	98	+	specified period, with certain exceptions.
	99	+	Be it enacted by the General Assembly of the State of Colorado:1
	100	+	SECTION 1. In Colorado Revised Statutes, amend 42-4-110.52
	101	+	as follows:3
	102	+	42-4-110.5. Automated vehicle identification systems -4
	103	+	legislative declaration - exceptions to liability - penalty - limits on use5
	104	+	of photographs and video - definitions. (1) The general assembly6
	105	+	hereby finds and declares that the enforcement of traffic laws through the7
	106	+	use of automated vehicle identification systems under this section is a8
	107	+	matter of statewide concern and is an area in which uniform state9
	108	+	standards are necessary.10
	109	+	(1.4) N
	110	+	OTHING IN THIS SECTION APPLIES TO THE USE OF
	111	+	11
	112	+	AUTOMATED VEHICLE IDENTIFICATION SYSTEMS FOR THE PURPOSE OF12
	113	+	COLLECTING TOLLS, FEES, OR CIVIL PENALTIES IN ACCORDANCE WITH PART13
	114	+	5
	115	+	OF ARTICLE 4 OF TITLE 43 AND SECTION 43-4-808.
	116	+	14
	117	+	(1.5) Except for the authorization contained in subsection (1.7) of15
	118	+	this section, nothing in this section shall apply APPLIES to a violation16
	119	+	detected by an automated vehicle identification device SYSTEM for driving17
	120	+	twenty-five miles per hour or more in excess of the reasonable and18
	121	+	prudent speed or twenty-five miles per hour or more in excess of the19
	122	+	maximum speed limit of seventy-five miles per hour detected by the use20
	123	+	of an automated vehicle identification device SYSTEM.21
	124	+	(1.7) (a) (I) Upon request from the department of transportation,22
	125	+	the department of public safety shall utilize an automated vehicle23
	126	+	200-3- identification system to detect speeding violations under part 11 of this1
	127	+	article ARTICLE 4 within a highway maintenance, repair, or construction2
	128	+	zone designated pursuant to section 42-4-614 (1)(a), if the department of3
	129	+	public safety complies with subsections (2) to (6) of this section. An4
	130	+	automated vehicle identification system shall not be used under this5
	131	+	subsection (1.7) unless maintenance, repair, or construction is occurring6
	132	+	at the time the system is being used.7
	133	+	(II) The department of public safety may contract with a vendor8
	134	+	to implement this subsection (1.7),
	135	+	INCLUDING TO:9
58	136		(A) N
59		-	OTIFY VIOLATORS;
	137	+	OTIFY VIOLATORS;10
60	138		(B) C
61		-	OLLECT AND REMIT THE PENALTIES AND SURCHARGES TO THE
62		-	STATE TREASURY LESS THE VENDOR
63		-	'S EXPENSES;
	139	+	OLLECT AND REMIT THE PENALTIES AND SURCHARGES TO THE11
	140	+	STATE TREASURY LESS THE VENDOR 'S EXPENSES;12
64	141		(C) R
65		-	ECONCILE PAYMENTS AGAINST OUTSTANDING VIOLATIONS ;
	142	+	ECONCILE PAYMENTS AGAINST OUTSTANDING VIOLATIONS ;13
66	143		(D) I
67		-	MPLEMENT COLLECTION EFFORTS ; AND
68		-	(E) NOTIFY THE DEPARTMENT OF PUBLIC SAFETY OF UNPAID
69		-	VIOLATIONS FOR POSSIBLE REFERRAL TO THE JUDICIAL SYSTEM
70		-	.
71		-	(III) If the department of public safety contracts with a vendor, the
72		-	PAGE 2-SENATE BILL 23-200 contract shall MUST incorporate the processing elements specified by the
73		-	department of public safety. The department of public safety may contract
74		-	with the vendor to notify violators, collect and remit the penalties and
75		-	surcharges to the state treasury less the vendor's expenses, reconcile
76		-	payments against outstanding violations, implement collection efforts, and
77		-	notify the department of public safety of unpaid violations for possible
78		-	referral to the judicial system.
79		-	(IV) No NOTICE OF VIOLATION OR CIVIL penalty assessment or
80		-	summons and complaint or a penalty or surcharge for a violation detected
81		-	by an automated vehicle identification system under this subsection (1.7)
82		-	shall be forwarded to the department for processing.
83		-	(b) The department of transportation shall reimburse the department
84		-	of public safety for the direct and indirect costs of complying with this
85		-	subsection (1.7).
86		-	(2) A
87		-	COUNTY OR municipality may adopt an ordinance authorizing
88		-	the use of an automated vehicle identification system to detect violations of
89		-	traffic regulations adopted by the
90		-	COUNTY OR municipality, or the state, a
91		-	county, a city and county, or a municipality may utilize an automated
92		-	vehicle identification system to detect traffic violations under state law,
93		-	subject to the following conditions and limitations:
94		-	(a) (I) (Deleted by amendment, L. 2002, p. 570, § 1, effective May
95		-	24, 2002.)
96		-	(II) If the state, a county, a city and county, or a municipality detects
97		-	any alleged violation of a
98		-	COUNTY OR municipal traffic regulation or a
99		-	traffic violation under state law through the use of an automated vehicle
100		-	identification system, then the state, county, city and county, or municipality
101		-	shall serve the penalty assessment notice or summons and complaint for the
102		-	alleged violation on the defendant no later than ninety days after the alleged
103		-	violation occurred. If a penalty assessment notice or summons and
104		-	complaint for a violation detected using an automated vehicle identification
105		-	system is personally served, the state, a county, a city and county, or a
106		-	municipality may only charge the actual costs of service of process that
107		-	shall be no more than the amount usually charged for civil service of
108		-	process ISSUE, OR CAUSE ITS VENDOR TO ISSUE, TO THE REGISTERED OWNER
109		-	OF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION
110		-	, BY
111		-	PAGE 3-SENATE BILL 23-200 FIRST-CLASS MAIL, PERSONAL SERVICE, OR BY ANY MAIL DELIVERY SERVICE
112		-	OFFERED BY AN ENTITY OTHER THAN THE
113		-	UNITED STATES POSTAL SERVICE
114		-	THAT IS EQUIVALENT TO OR SUPERIOR TO FIRST
115		-	-CLASS MAIL WITH RESPECT
116		-	TO DELIVERY SPEED
117		-	, RELIABILITY, AND PRICE, A NOTICE OF VIOLATION:
	144	+	MPLEMENT COLLECTION EFFORTS ; AND14
	145	+	(E) N
	146	+	OTIFY THE DEPARTMENT OF PUBLIC SAFETY OF UNPAID15
	147	+	VIOLATIONS FOR POSSIBLE REFERRAL TO THE JUDICIAL SYSTEM .16
	148	+	(III) If the department of public safety contracts with a vendor, the17
	149	+	contract shall
	150	+	MUST incorporate the processing elements specified by the18
	151	+	department of public safety. The department of public safety may contract19
	152	+	with the vendor to notify violators, collect and remit the penalties and20
	153	+	surcharges to the state treasury less the vendor's expenses, reconcile21
	154	+	payments against outstanding violations, implement collection efforts,22
	155	+	and notify the department of public safety of unpaid violations for23
	156	+	possible referral to the judicial system.24
	157	+	(IV) No
	158	+	NOTICE OF VIOLATION OR CIVIL penalty assessment or
	159	+	25
	160	+	summons and complaint or a penalty or surcharge for a violation detected26
	161	+	by an automated vehicle identification system under this subsection (1.7)27
	162	+	200
	163	+	-4- shall be forwarded to the department for processing.1
	164	+	(b) The department of transportation shall reimburse the2
	165	+	department of public safety for the direct and indirect costs of complying3
	166	+	with this subsection (1.7).4
	167	+	(2) A COUNTY OR municipality may adopt an ordinance5
	168	+	authorizing the use of an automated vehicle identification system to detect6
	169	+	violations of traffic regulations adopted by the COUNTY OR municipality,7
	170	+	or the state, a county, a city and county, or a municipality may utilize an8
	171	+	automated vehicle identification system to detect traffic violations under9
	172	+	state law, subject to the following conditions and limitations:10
	173	+	(a) (I) (Deleted by amendment, L. 2002, p. 570, § 1, effective May11
	174	+	24, 2002.)12
	175	+	(II) If the state, a county, a city and county, or a municipality13
	176	+	detects any alleged violation of a COUNTY OR municipal traffic regulation14
	177	+	or a traffic violation under state law through the use of an automated15
	178	+	vehicle identification system, then the state, county, city and county, or16
	179	+	municipality shall serve the penalty assessment notice or summons and17
	180	+	complaint for the alleged violation on the defendant no later than ninety18
	181	+	days after the alleged violation occurred. If a penalty assessment notice19
	182	+	or summons and complaint for a violation detected using an automated20
	183	+	vehicle identification system is personally served, the state, a county, a21
	184	+	city and county, or a municipality may only charge the actual costs of22
	185	+	service of process that shall be no more than the amount usually charged23
	186	+	for civil service of process ISSUE, OR CAUSE ITS VENDOR TO ISSUE, TO THE24
	187	+	REGISTERED OWNER OF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED25
	188	+	VIOLATION, BY FIRST-CLASS MAIL, PERSONAL SERVICE, OR BY ANY MAIL26
	189	+	DELIVERY SERVICE OFFERED BY AN ENTITY OTHER THAN THE UNITED27
	190	+	200
	191	+	-5- STATES POSTAL SERVICE THAT IS EQUIVALENT TO OR SUPERIOR TO1
	192	+	FIRST-CLASS MAIL WITH RESPECT TO DELIVERY SPEED , RELIABILITY, AND2
	193	+	PRICE, A NOTICE OF VIOLATION:3
118	194		(A) W
119		-	ITHIN THIRTY DAYS AFTER THE ALLEGED VIOLATION
120		-	OCCURRED IF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION IS
121		-	REGISTERED IN THE STATE
122		-	; OR
123		-	(B) WITHIN SIXTY DAYS AFTER THE ALLEGED VIOLATION OCCURRED
124		-	IF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION IS
125		-	REGISTERED OUTSIDE OF THE STATE
126		-	.
	195	+	ITHIN THIRTY DAYS AFTER THE ALLEGED VIOLATION4
	196	+	OCCURRED IF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION5
	197	+	IS REGISTERED IN THE STATE; OR6
	198	+	(B) W
	199	+	ITHIN SIXTY DAYS AFTER THE ALLEGED VIOLATION7
	200	+	OCCURRED IF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION8
	201	+	IS REGISTERED OUTSIDE OF THE STATE.9
127	202		(III) T
128		-	HE NOTICE OF VIOLATION MUST CONTAIN :
	203	+	HE NOTICE OF VIOLATION MUST CONTAIN :10
129	204		(A) T
130		-	HE NAME AND ADDRESS OF THE ~~REGISTERED OWNER OF THE~~
131		-	~~MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION~~
132		-	;
	205	+	HE NAME AND ADDRESS OF THE
	206	+	REGISTERED OWNER OF THE11
	207	+	MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION ;12
133	208		(B) T
134		-	HE LICENSE PLATE NUMBER OF THE MOTOR VEHICLE INVOLVED
135		-	IN THE ALLEGED VIOLATION
136		-	;
	209	+	HE LICENSE PLATE NUMBER OF THE MOTOR VEHICLE13
	210	+	INVOLVED IN THE ALLEGED VIOLATION ;14
137	211		(C) T
138		-	HE DATE, TIME, AND LOCATION OF THE ALLEGED VIOLATION ;
	212	+	HE DATE, TIME, AND LOCATION OF THE ALLEGED VIOLATION ;15
139	213		(D) T
140		-	HE AMOUNT OF THE CIVIL PENALTY PRESCRIBED FOR THE
141		-	ALLEGED VIOLATION
142		-	;
	214	+	HE AMOUNT OF THE CIVIL PENALTY PRESCRIBED FOR THE16
	215	+	ALLEGED VIOLATION;17
143	216		(E) T
144		-	HE DEADLINE FOR PAYMENT OF THE PRESCRIBED ~~CIVIL PENALTY~~
145		-	AND FOR DISPUTING THE ALLEGED VIOLATION
146		-	~~; AND~~
147		-	~~(F) INFORMATION~~ ON HOW THE ~~REGISTERED OWNER MAY EITHER~~
148		-	~~DISPUTE THE ALLEGED VIOLATION IN A HEARING OR PAY THE PRESCRIBED~~
149		-	~~CIVIL PENALTY~~
150		-	.
	217	+	HE DEADLINE FOR PAYMENT OF THE PRESCRIBED CIVIL18
	218	+	PENALTY AND FOR DISPUTING THE ALLEGED VIOLATION ; AND19
	219	+	(F) I
	220	+	NFORMATION ON HOW THE
	221	+	REGISTERED OWNER MAY EITHER20
	222	+	DISPUTE THE ALLEGED VIOLATION IN A HEARING OR PAY THE PRESCRIBED21
	223	+	CIVIL PENALTY.22
151	224		(IV) I
152		-	F THE STATE, A COUNTY, A CITY AND COUNTY , OR A
153		-	MUNICIPALITY DOES NOT RECEIVE THE PRESCRIBED CIVIL PENALTY OR A
154		-	WRITTEN NOTICE REQUESTING A HEARING TO DISPUTE THE ALLEGED
155		-	VIOLATION BY THE DEADLINE STATED ON THE NOTICE OF VIOLATION
156		-	, WHICH
157		-	DEADLINE MUST NOT BE LESS THAN FORTY
158		-	-FIVE DAYS AFTER THE ISSUANCE
159		-	DATE ON THE NOTICE OF VIOLATION
160		-	, THE STATE, COUNTY, CITY AND
161		-	COUNTY
162		-	, OR MUNICIPALITY SHALL ISSUE, OR CAUSE ITS VENDOR TO ISSUE, BY
163		-	PAGE 4-SENATE BILL 23-200 FIRST-CLASS MAIL, PERSONAL SERVICE, OR BY ANY MAIL DELIVERY SERVICE
164		-	OFFERED BY AN ENTITY OTHER THAN THE
165		-	UNITED STATES POSTAL SERVICE
166		-	THAT IS EQUIVALENT TO OR SUPERIOR TO FIRST
167		-	-CLASS MAIL WITH RESPECT
168		-	TO DELIVERY SPEED
169		-	, RELIABILITY, AND PRICE, A CIVIL PENALTY ASSESSMENT
170		-	NOTICE FOR THE ALLEGED VIOLATION TO THE REGISTERED OWNER OF THE
171		-	MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION NO LATER THAN
172		-	THIRTY DAYS AFTER THE DEADLINE ON THE NOTICE OF VIOLATION
173		-	.
	225	+	F THE STATE, A COUNTY, A CITY AND COUNTY , OR A23
	226	+	MUNICIPALITY
	227	+	DOES NOT RECEIVE THE PRESCRIBED CIVIL PENALTY OR A24
	228	+	WRITTEN NOTICE REQUESTING A HEARING TO DISPUTE THE ALLEGED25
	229	+	VIOLATION BY THE DEADLINE STATED ON THE NOTICE OF VIOLATION ,26
	230	+	WHICH DEADLINE MUST NOT BE LESS THAN FORTY -FIVE DAYS AFTER THE27
	231	+	200
	232	+	-6- ISSUANCE DATE ON THE NOTICE OF VIOLATION , THE STATE, COUNTY, CITY1
	233	+	AND COUNTY, OR MUNICIPALITY SHALL ISSUE, OR CAUSE ITS VENDOR TO2
	234	+	ISSUE, BY FIRST-CLASS MAIL, PERSONAL SERVICE, OR BY ANY MAIL3
	235	+	DELIVERY SERVICE OFFERED BY AN ENTITY OTHER THAN THE UNITED4
	236	+	S
	237	+	TATES POSTAL SERVICE THAT IS EQUIVALENT TO OR SUPERIOR TO5
	238	+	FIRST-CLASS MAIL WITH RESPECT TO DELIVERY SPEED , RELIABILITY, AND6
	239	+	PRICE, A CIVIL PENALTY ASSESSMENT NOTICE FOR THE ALLEGED7
	240	+	VIOLATION TO THE
	241	+	REGISTERED OWNER OF THE MOTOR VEHICLE INVOLVED8
	242	+	IN THE ALLEGED VIOLATION NO LATER THAN THIRTY DAYS AFTER THE9
	243	+	DEADLINE ON THE NOTICE OF VIOLATION .10
174	244		(V) T
175		-	HE CIVIL PENALTY ASSESSMENT NOTICE MUST CONTAIN :
	245	+	HE CIVIL PENALTY ASSESSMENT NOTICE MUST CONTAIN :11
176	246		(A) T
177		-	HE NAME AND ADDRESS OF THE ~~REGISTERED OWNER OF THE~~
178		-	~~MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION~~
179		-	;
	247	+	HE NAME AND ADDRESS OF THE
	248	+	REGISTERED OWNER OF THE12
	249	+	MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION ;13
180	250		(B) T
181		-	HE LICENSE PLATE OF THE MOTOR VEHICLE INVOLVED IN THE
182		-	ALLEGED VIOLATION
183		-	;
	251	+	HE LICENSE PLATE OF THE MOTOR VEHICLE INVOLVED IN THE14
	252	+	ALLEGED VIOLATION;15
184	253		(C) T
185		-	HE DATE, TIME, AND LOCATION OF THE ALLEGED VIOLATION ;
	254	+	HE DATE, TIME, AND LOCATION OF THE ALLEGED VIOLATION ;16
186	255		(D) T
187		-	HE AMOUNT OF THE CIVIL PENALTY PRESCRIBED FOR THE
188		-	ALLEGED VIOLATION
189		-	;
	256	+	HE AMOUNT OF THE CIVIL PENALTY PRESCRIBED FOR THE17
	257	+	ALLEGED VIOLATION;18
190	258		(E) T
191		-	HE DEADLINE FOR PAYMENT OF THE PRESCRIBED CIVIL
192		-	PENALTY
193		-	;
194		-	(F) INFORMATION ON HOW TO PAY THE PRESCRIBED CIVIL PENALTY .
	259	+	HE DEADLINE FOR PAYMENT OF THE PRESCRIBED CIVIL19
	260	+	PENALTY;
	261	+	20
	262	+	(F) I
	263	+	NFORMATION ON HOW TO PAY THE PRESCRIBED CIVIL21
	264	+	PENALTY; AND
	265	+	22
	266	+	23
195	267		(VI) I
196		-	F THE ~~REGISTERED OWNER OF THE MOTOR VEHICLE FAILS TO~~
197		-	~~REQUEST A HEARING TO DISPUTE~~ THE ~~ALLEGED VIOLATION BY THE DEADLINE~~
198		-	~~STATED IN~~ THE ~~NOTICE OF~~ VIOLATION
199		-	, THE REGISTERED ~~OWNER WAIVES ANY~~
200		-	RIGHT TO CONTEST THE VIOLATION OR THE AMOUNT OF ~~THE PRESCRIBED~~
201		-	~~CIVIL PENALTY~~
202		-	.
	268	+	F THE
	269	+	REGISTERED OWNER OF THE MOTOR VEHICLE FAILS TO24
	270	+	REQUEST A HEARING TO DISPUTE THE ALLEGED VIOLATION BY THE25
	271	+	DEADLINE STATED IN THE NOTICE OF VIOLATION, THE REGISTERED OWNER26
	272	+	WAIVES ANY RIGHT TO CONTEST THE VIOLATION OR THE AMOUNT OF THE27
	273	+	200
	274	+	-7- PRESCRIBED CIVIL PENALTY.1
203	275		(VII) I
204		-	F THE REGISTERED OWNER OF THE MOTOR VEHICLE FAILS TO
205		-	PAY IN FULL THE PRESCRIBED CIVIL PENALTY BY THE DEADLINE STATED IN
206		-	THE CIVIL PENALTY ASSESSMENT NOTICE
207		-	, A FINAL ORDER OF LIABILITY SHALL
208		-	BE ENTERED AGAINST THE REGISTERED OWNER OF THE VEHICLE
209		-	.
	276	+	F THE
	277	+	REGISTERED OWNER OF THE MOTOR VEHICLE FAILS TO2
	278	+	PAY IN FULL THE PRESCRIBED CIVIL PENALTY BY THE DEADLINE STATED IN3
	279	+	THE CIVIL PENALTY ASSESSMENT NOTICE , A FINAL ORDER OF LIABILITY4
	280	+	SHALL BE ENTERED AGAINST THE REGISTERED OWNER OF THE VEHICLE .5
210	281		(VIII) F
211		-	INAL ORDERS MAY BE APPEALED AS TO MATTERS OF LAW AND
212		-	FACT TO THE COUNTY COURT IN THE C OUNTY WHERE THE ALLEGED
213		-	VIOLATION OR THE MUNICIPAL COURT IN THE MUNICIPALITY WHERE THE
214		-	PAGE 5-SENATE BILL 23-200 ALLEGED VIOLATION OCCURRED . THE REGISTERED OWNER OF THE MOTOR
215		-	VEHICLE MAY ASSERT IN AN APPEAL THAT A NOTICE OF VIOLATION SERVED
216		-	BY FIRST
217		-	-CLASS MAIL OR OTHER MAIL DELIVERY SERVICE WAS NOT
218		-	ACTUALLY DELIVERED
219		-	. THE APPEAL SHALL BE A DE NOVO HEARING .
220		-	(IX) T
221		-	HE STATE, A COUNTY, A CITY AND COUNTY , OR A
222		-	MUNICIPALITY SHALL NOT INITIATE OR PURSUE A COLLECTION ACTION
223		-	AGAINST A REGISTERED OWNER OF A MOTOR VEHICLE FOR A DEBT RESULTING
224		-	FROM AN UNPAID PENALTY ASSESSED PURSUANT TO THIS SECTION UNLESS
225		-	THE REGISTERED OWNER IS PERSONALLY SERVED THE NOTICE OF VIOLATION
226		-	OR THE FINAL ORDER OF LIABILITY
227		-	.
228		-	(b) Notwithstanding any other provision of the statutes to the
229		-	contrary, the state, a county, a city and county, or a municipality may SHALL
230		-	not report to the department any conviction or entry of judgment against a defendant for violation of a
231		-	COUNTY OR municipal traffic regulation or a
232		-	traffic violation under state law if the violation was detected through the use
233		-	of an automated vehicle identification system.
234		-	(c) Repealed.
235		-	(d) (I) The state, a county, a city and county, or a municipality may
236		-	SHALL not use an automated vehicle identification system to detect a
237		-	violation of part 11 of this article ARTICLE 4 or a local speed ordinance
	282	+	INAL ORDERS MAY BE APPEALED AS TO MATTERS OF LAW
	283	+	6
	284	+	AND FACT TO THE COUNTY COURT IN THE COUNTY WHERE THE ALLEGED7
	285	+	VIOLATION OR THE MUNICIPAL COURT IN THE MUNICIPALITY WHERE THE8
	286	+	ALLEGED VIOLATION OCCURRED. THE REGISTERED OWNER OF THE MOTOR9
	287	+	VEHICLE MAY ASSERT IN AN APPEAL THAT A NOTICE OF VIOLATION SERVED10
	288	+	BY FIRST-CLASS MAIL OR OTHER MAIL DELIVERY SERVICE WAS NOT11
	289	+	ACTUALLY DELIVERED. THE APPEAL SHALL BE A DE NOVO HEARING .12
	290	+	(IX) THE STATE, A COUNTY, A CITY AND COUNTY , OR A13
	291	+	MUNICIPALITY SHALL NOT INITIATE OR PURSUE A COLLECTION ACTION14
	292	+	AGAINST A REGISTERED OWNER OF A MOTOR VEHICLE FOR A DEBT15
	293	+	RESULTING FROM AN UNPAID PENALTY ASSESSED PURSUANT TO THIS16
	294	+	SECTION UNLESS THE REGISTERED OWNER IS PERSONALLY SERVED THE17
	295	+	NOTICE OF VIOLATION OR THE FINAL ORDER OF LIABILITY .18
	296	+	19
	297	+	(b) Notwithstanding any other provision of the statutes to the20
	298	+	contrary, the state, a county, a city and county, or a municipality may21
	299	+	SHALL not report to the department any conviction or entry of judgment22
	300	+	against a defendant for violation of a COUNTY OR municipal traffic23
	301	+	regulation or a traffic violation under state law if the violation was24
	302	+	detected through the use of an automated vehicle identification system.25
	303	+	(c) Repealed.26
	304	+	(d) (I) The state, a county, a city and county, or a municipality27
	305	+	200
	306	+	-8- may SHALL not use an automated vehicle identification system to detect1
	307	+	a violation of part 11 of this article ARTICLE 4 or a local speed ordinance2
238	308		unless there is posted an appropriate temporary
239		-	OR PERMANENT sign in a
240		-	conspicuous place not fewer than three hundred feet before the area in
	309	+	OR PERMANENT sign in a3
	310	+	conspicuous place not fewer than three hundred feet before the area in4
241	311		which the automated vehicle identification device
242		-	SYSTEM is to be used
243		-	notifying the public that an automated vehicle identification device SYSTEM
244		-	is in use immediately ahead. The requirement of this subparagraph (I)
245		-	SUBSECTION (2)(d)(I) shall not be deemed satisfied by the posting of a
246		-	permanent sign or signs at the borders of a county, city and county, or
247		-	municipality, nor by the posting of a permanent sign in an area in which an
248		-	automated vehicle identification device
249		-	SYSTEM is to be used, but this
250		-	subparagraph (I) SUBSECTION (2)(d)(I) shall not be deemed a prohibition
251		-	against the posting of such permanent signs.
252		-	(II) Except as provided in subparagraph (I) of this paragraph (d)
253		-	SUBSECTION (2)(d)(I) OF THIS SECTION, an automated vehicle identification
254		-	system designed to detect disobedience to a traffic control signal or another
255		-	violation of this article
256		-	ARTICLE 4 or a local traffic ordinance shall not be
257		-	PAGE 6-SENATE BILL 23-200 used unless the state, county, city and county, or municipality using such
258		-	system conspicuously posts a sign notifying the public that an automated
259		-	vehicle identification device
260		-	SYSTEM is in use immediately ahead. The sign
261		-	shall:
262		-	(A) Be placed in a conspicuous place LOCATION not fewer than two
263		-	hundred feet nor more than five hundred feet before the automated vehicle
264		-	identification system; and
265		-	(B) Use lettering that is at least four inches high for upper case
266		-	letters and two and nine-tenths inches high for lower case letters.
267		-	(e) (I) The state, a county, a city and county, or a municipality may
268		-	not require a registered owner of a vehicle to disclose the identity of a
269		-	driver of the vehicle who is detected through the use of an automated
270		-	vehicle identification system. However, the registered owner may be
271		-	required to submit evidence that the owner was not the driver at the time of
272		-	the alleged violation. IF THE STATE, COUNTY, CITY AND COUNTY, OR
273		-	MUNICIPALITY IMPLEMENTS A NEW AUTOMATED VEHICLE IDENTIFICATION
274		-	SYSTEM AFTER
275		-	JULY 1, 2023, THAT IS NOT A REPLACEMENT OF AN
276		-	AUTOMATED VEHICLE IDENTIFICATION SYSTEM
277		-	:
	312	+	SYSTEM is to be used5
	313	+	notifying the public that an automated vehicle identification device6
	314	+	SYSTEM is in use immediately ahead. The requirement of this7
	315	+	subparagraph (I) SUBSECTION (2)(d)(I) shall not be deemed satisfied by8
	316	+	the posting of a permanent sign or signs at the borders of a county, city9
	317	+	and county, or municipality, nor by the posting of a permanent sign in an10
	318	+	area in which an automated vehicle identification device SYSTEM is to be11
	319	+	used, but this subparagraph (I) SUBSECTION (2)(d)(I) shall not be deemed12
	320	+	a prohibition against the posting of such permanent signs.13
	321	+	(II) Except as provided in subparagraph (I) of this paragraph (d)14
	322	+	SUBSECTION (2)(d)(I) OF THIS SECTION, an automated vehicle15
	323	+	identification system designed to detect disobedience to a traffic control16
	324	+	signal or another violation of this article ARTICLE 4 or a local traffic17
	325	+	ordinance shall not be used unless the state, county, city and county, or18
	326	+	municipality using such system conspicuously posts a sign notifying the19
	327	+	public that an automated vehicle identification device SYSTEM is in use20
	328	+	immediately ahead. The sign shall:21
	329	+	(A) Be placed in a conspicuous place LOCATION not fewer than22
	330	+	two hundred feet nor more than five hundred feet before the automated23
	331	+	vehicle identification system; and24
	332	+	(B) Use lettering that is at least four inches high for upper case25
	333	+	letters and two and nine-tenths inches high for lower case letters.26
	334	+	(e) (I) The state, a county, a city and county, or a municipality may27
	335	+	200
	336	+	-9- not require a registered owner of a vehicle to disclose the identity of a1
	337	+	driver of the vehicle who is detected through the use of an automated2
	338	+	vehicle identification system. However, the registered owner may be3
	339	+	required to submit evidence that the owner was not the driver at the time4
	340	+	of the alleged violation. IF THE STATE, COUNTY, CITY AND COUNTY, OR5
	341	+	MUNICIPALITY IMPLEMENTS A NEW AUTOMATED VEHICLE IDENTIFICATION6
	342	+	SYSTEM AFTER JULY 1, 2023, THAT IS NOT A REPLACEMENT OF AN7
	343	+	AUTOMATED VEHICLE IDENTIFICATION SYSTEM :8
278	344		(A) T
279		-	HE AGENCY RESPONSIBLE FOR THE AUTOMATED VEHICLE
280		-	IDENTIFICATION SYSTEM SHALL PUBLICLY ANNOUNCE THE IMPLEMENTATION
281		-	OF THE SYSTEM THROUGH ITS WEBSITE FOR AT LEAST THIRTY DAYS PRIOR TO
282		-	THE USE OF THE SYSTEM
283		-	; AND
284		-	(B) FOR THE FIRST THIRTY DAYS AFTER THE SYSTEM IS INSTALLED OR
285		-	DEPLOYED
286		-	, ONLY WARNINGS MAY BE ISSUED FOR VIOLATIONS OF A COUNTY
287		-	OR MUNICIPAL TRAFFIC REGULATION OR TRAFFIC VIOLATION UNDER STATE
288		-	LAW DETECTED BY THE SYSTEM
289		-	.
	345	+	HE AGENCY RESPONSIBLE FOR THE AUTOMATED VEHICLE9
	346	+	IDENTIFICATION SYSTEM SHALL PUBLICLY ANNOUNCE THE10
	347	+	IMPLEMENTATION OF THE SYSTEM THROUGH ITS WEBSITE FOR AT LEAST11
	348	+	THIRTY DAYS PRIOR TO THE USE OF THE SYSTEM ; AND12
	349	+	(B) F
	350	+	OR THE FIRST THIRTY DAYS AFTER THE SYSTEM IS INSTALLED13
	351	+	OR DEPLOYED, ONLY WARNINGS MAY BE ISSUED FOR VIOLATIONS OF A14
	352	+	COUNTY OR MUNICIPAL TRAFFIC REGULATION OR TRAFFIC VIOLATION15
	353	+	UNDER STATE LAW DETEC TED BY THE SYSTEM .16
290	354		(II) A
291		-	STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY MAY
292		-	CONDUCT AN EXTENDED PUBLIC INFORMATION CAMPAIGN OR WARNING
293		-	PERIOD FOR SYSTEMS INSTALLED OR DEPLOYED EITHER BEFORE OR AFTER
294		-	JULY 1, 2023.
295		-	(f) The state, a county, a city and county, or a municipality shall not
296		-	issue a penalty assessment notice or summons for a violation detected using
297		-	an automated vehicle identification system unless, at the time the violation
298		-	PAGE 7-SENATE BILL 23-200 is alleged to have occurred, an officer or employee of the state, the county,
299		-	the city and county, or the municipality is present during the operation of
300		-	the automated vehicle identification device; except that this paragraph (f)
301		-	shall not apply to an automated vehicle identification system designed to
302		-	detect violations for disobedience to a traffic control signal.
303		-	(g) (I) The state, a county, a city and county, or a municipality shall
304		-	not issue a
305		-	NOTICE OF VIOLATION OR CIVIL penalty assessment notice orsummons for a violation detected using an automated vehicle identification
306		-	system unless the violation occurred within a school zone, as defined in
307		-	section 42-4-615; within a residential neighborhood; within a maintenance,
308		-	construction, or repair zone designated pursuant to section 42-4-614; or
309		-	along a street that borders a municipal park; OR ALONG A STREET OR
310		-	PORTION OF A STREET THAT A COUNTY OR MUNICIPALITY
311		-	, BY ORDINANCE OR
312		-	BY A RESOLUTION OF ITS GOVERNING BODY
313		-	, DESIGNATES AS AN AUTOMATED
314		-	VEHICLE IDENTIFICATION CORRIDOR
315		-	, ON WHICH DESIGNATED CORRIDOR THE
316		-	COUNTY OR MUNICIPALITY MAY LOCATE AN AUTOMATED VEHICLE
317		-	IDENTIFICATION SYSTEM TO DETECT VIOLATIONS OF A COUNTY OR
318		-	MUNICIPAL TRAFFIC REGULATION OR A TRAFFIC VIOLATION UNDER STATE
319		-	LAW
320		-	. BEFORE A COUNTY OR MUNICIPALITY BEGINS OPERATION OF AN
321		-	AUTOMATED VEHICLE IDENTIFICATION SYSTEM IN AN AUTOMATED VEHICLE
322		-	IDENTIFICATION CORRIDOR
323		-	, THE COUNTY OR MUNICIPALITY MUST :
	355	+	STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY
	356	+	MAY17
	357	+	CONDUCT AN EXTENDED PUBLIC INFORMATION CAMPAIGN OR WARNING18
	358	+	PERIOD FOR SYSTEMS INSTALLED OR DEPLOYED EITHER BEFORE OR AFTER19
	359	+	J
	360	+	ULY 1, 2023.20
	361	+	(f) The state, a county, a city and county, or a municipality shall
	362	+	21
	363	+	not issue a penalty assessment notice or summons for a violation detected22
	364	+	using an automated vehicle identification system unless, at the time the23
	365	+	violation is alleged to have occurred, an officer or employee of the state,24
	366	+	the county, the city and county, or the municipality is present during the25
	367	+	operation of the automated vehicle identification device; except that this26
	368	+	paragraph (f) shall not apply to an automated vehicle identification system27
	369	+	200
	370	+	-10- designed to detect violations for disobedience to a traffic control signal.1
	371	+	(g) (I) The state, a county, a city and county, or a municipality2
	372	+	shall not issue a
	373	+	NOTICE OF VIOLATION OR CIVIL penalty assessment notice3
	374	+	or summons
	375	+	for a violation detected using an automated vehicle4
	376	+	identification system unless the violation occurred within a school zone,5
	377	+	as defined in section 42-4-615; within a residential neighborhood; within6
	378	+	a maintenance, construction, or repair zone designated pursuant to section7
	379	+	42-4-614; or along a street that borders a municipal park; OR ALONG A 8
	380	+	STREET OR PORTION OF A STREET THAT A COUNTY OR MUNICIPALITY , BY9
	381	+	ORDINANCE OR BY A RESOLUTION OF ITS GOVERNING BODY , DESIGNATES10
	382	+	AS AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR , ON WHICH11
	383	+	DESIGNATED CORRIDOR THE COUNTY OR MUNICIPALITY MAY LOCATE AN12
	384	+	AUTOMATED VEHICLE IDENTIFICATION SYSTEM TO DETECT VIOLATIONS OF13
	385	+	A COUNTY OR MUNICIPAL TRAFFIC REGULATION OR A TRAFFIC VIOLATION14
	386	+	UNDER STATE LAW . BEFORE A COUNTY OR MUNICIPALITY BEGINS15
	387	+	OPERATION OF AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM IN AN16
	388	+	AUTOMATED VEHICLE IDENTIFICATION CORRIDOR , THE COUNTY OR17
	389	+	MUNICIPALITY MUST:18
324	390		(A) P
325	391		OST A PERMANENT SIGN IN A CONSPICUOUS PLACE NOT FEWER
326		-	~~THAN THREE HUNDRED FEET BEFORE THE BEGINNING OF THE CORRIDOR AND~~
327		-	~~A PERMANENT SIGN NOT FEWER~~ THAN THREE HUNDRED FEET BEFORE ~~EACH~~
328		-	~~CAMERA WITHIN THE CORRIDOR THEREAFTER OR~~ A ~~TEMPORARY~~ SIGN NOT
329		-	~~FEWER THAN THREE HUNDRED FEET BEFORE ANY MOBILE~~ CAMERA
330		-	;
	392	+	19
	393	+	THAN THREE HUNDRED FEET BEFORE THE BEGINNING OF THE CORRIDOR20
	394	+	AND A PERMANENT SIGN NOT FEWER THAN THREE HUNDRED FEET BEFORE21
	395	+	EACH CAMERA WITHIN THE CORRIDOR THEREAFTER OR A TEMPORARY SIGN22
	396	+	NOT FEWER THAN THREE HUNDRED FEET BEFORE ANY MOBILE CAMERA ;23
331	397		(B) I
332		-	LLUSTRATE, THROUGH DATA COLLECTED WITHIN THE PAST FIVE
333		-	YEARS
334		-	, INCIDENTS OF CRASHES , SPEEDING, RECKLESS DRIVING, OR
335		-	COMMUNITY COMPLAINTS ON A STREET DESIGNATED AS AN AUTOMATED
336		-	VEHICLE IDENTIFICATION CORRIDOR
337		-	; AND
338		-	(C) COORDINATE BETWEEN THE LOCAL JURISDICTION , THE
339		-	DEPARTMENT OF TRANSPORTATION
340		-	, AND THE COLORADO STATE PATROL.
341		-	(II) For purposes of this paragraph (g)
342		-	AS USED IN THIS SUBSECTION
343		-	(2)(g), unless the context otherwise requires, "residential neighborhood"
344		-	means any block on which a majority of the improvements along both sides
345		-	PAGE 8-SENATE BILL 23-200 of the street are residential dwellings and the speed limit is thirty-five miles
346		-	per hour or less.
347		-	(III) This paragraph (g) shall SUBSECTION (2)(g) DOES not apply to
348		-	an automated vehicle identification system designed to detect disobedience
349		-	to a traffic control signal.
	398	+	LLUSTRATE, THROUGH DATA COLLECTED WITHIN THE PAST
	399	+	24
	400	+	FIVE YEARS, INCIDENTS OF CRASHES, SPEEDING, RECKLESS DRIVING, OR25
	401	+	COMMUNITY COMPLAINTS ON A STREET DESIGNATED AS AN AUTOMATED26
	402	+	VEHICLE IDENTIFICATION CORRIDOR; AND27
	403	+	200
	404	+	-11- (C) COORDINATE BETWEEN THE LOCAL JURISDICTION , THE1
	405	+	DEPARTMENT OF TRANSPORTATION , AND THE COLORADO STATE PATROL.2
	406	+	(II) For purposes of this paragraph (g) AS USED IN THIS3
	407	+	SUBSECTION (2)(g), unless the context otherwise requires, "residential4
	408	+	neighborhood" means any block on which a majority of the improvements5
	409	+	along both sides of the street are residential dwellings and the speed limit6
	410	+	is thirty-five miles per hour or less.7
	411	+	(III) This paragraph (g) shall SUBSECTION (2)(g) DOES not apply8
	412	+	to an automated vehicle identification system designed to detect9
	413	+	disobedience to a traffic control signal.10
350	414		(IV) A
351	415		COUNTY OR MUNICIPALITY IMPLEMENTING AN AUTOMATED
352		-	VEHICLE IDENTIFICATION CORRIDOR PURSUANT TO SUBSECTION
353		-	(2)(g)(I) OF
354		-	THIS SECTION SHALL PUBLISH A REPORT ON ITS WEBSITE DISCLOSING THE
355		-	NUMBER OF CITATIONS AND REVENUE GENERATED BY THE AUTOMATED
356		-	VEHICLE IDENTIFICATION CORRIDOR
357		-	.
358		-	(V) (A) N
359		-	OTWITHSTANDING THE PROVISIONS OF SUBSECTION
360		-	(2)(g)(I) OF THIS SECTION, THE STATE MAY LOCATE AN AUTOMATED VEHICLE
361		-	IDENTIFICATION SYSTEM ON A HIGHWAY THAT IS A PART OF THE FEDERAL
362		-	INTERSTATE HIGHWAY SYSTEM AND MAY ISSUE A NOTICE OF VIOLATION OR
363		-	A CIVIL PENALTY ASSESSMENT NOTICE FOR A TRAFFIC VIOLATION UNDER
364		-	STATE LAW DETECTED USING THE AUTOMATED VEHICLE IDENTIFICATION
365		-	SYSTEM
366		-	.
367		-	(B) A
368		-	COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY SHALL NOT
369		-	LOCATE AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM OR CREATE AN
370		-	AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON ANY HIGHWAY THAT IS
371		-	A PART OF THE FEDERAL INTERSTATE HIGHWAY SYSTEM
372		-	.
373		-	(h) T
374		-	HE STATE, A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY
375		-	SHALL NOT REQUIRE A REGISTERED OWNER OF A VEHICLE TO DISCLOSE THE
376		-	IDENTITY OF A DRIVER OF THE VEHICLE WHO IS DETECTED THROUGH THE USE
377		-	OF AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM
378		-	. HOWEVER, THE
379		-	REGISTERED OWNER MAY BE REQUIRED TO SUBMIT EVIDENCE THAT THE
380		-	OWNER WAS NOT THE DRIVER AT THE TIME OF THE ALLEGED VIOLATION
381		-	.
382		-	(3) The department has no authority to assess any points against a
383		-	license under section 42-2-127 upon entry of a conviction or judgment for
384		-	a violation of a
385		-	COUNTY OR municipal traffic regulation or a traffic violation
386		-	under state law if the violation was detected through the use of an
387		-	automated vehicle identification system. The department may
388		-	SHALL not
389		-	keep any record of such violation in the official records maintained by the
390		-	department under section 42-2-121.
391		-	PAGE 9-SENATE BILL 23-200 (4) (a) If the state, a county, a city and county, or a municipality
392		-	detects a speeding violation of less than ten miles per hour over the
393		-	reasonable and prudent speed under a
394		-	COUNTY OR municipal traffic
395		-	regulation or under state law through the use of an automated vehicle
396		-	identification system and the violation is the first violation by such driver
397		-	THE REGISTERED OWNER that the state, county, city and county, or
398		-	municipality has detected using an automated vehicle identification system,
399		-	then the state, county, city and county, or municipality shall
400		-	MAY mail such
401		-	driver THE REGISTERED OWNER a warning regarding the violation, and BUT
402		-	the state, county, city and county, or municipality may SHALL not impose
403		-	any penalty or surcharge for such first violation.
404		-	(b) (I) If the state, a county, a city and county, or a municipality
405		-	detects a second or subsequent speeding violation under a
406		-	COUNTY OR
407		-	municipal traffic regulation or under state law by a driver
408		-	THE REGISTERED
409		-	OWNER
410		-	, or a first such violation by the driver
411		-	REGISTERED OWNER, if the
412		-	provisions of paragraph (a) of this subsection (4) SUBSECTION (4)(a) OF THIS
413		-	SECTION
414		-	do not apply, through the use of an automated vehicle
415		-	identification system, then, except as may be permitted in subparagraph (II)of this paragraph (b) SUBSECTION (4)(b)(II) OF THIS SECTION, the maximum
416		-	penalty that the state, county, city and county, or municipality may impose
417		-	for such violation, including any surcharge, is forty dollars.
418		-	(II) If any violation described in subparagraph (I) of this paragraph
419		-	(b) SUBSECTION (4)(b)(I) OF THIS SECTION occurs within a school zone, as
420		-	defined in section 42-4-615, the maximum penalty that may be imposed
421		-	shall be doubled.
422		-	(III) Subparagraph (I) of this paragraph (b) shall
423		-	SUBSECTION
424		-	(4)(b)(I) OF THIS SECTION DOES not apply within a maintenance,
425		-	construction, or repair zone designated pursuant to section 42-4-614.
	416	+	11
	417	+	VEHICLE IDENTIFICATION CORRIDOR PURSUANT TO SUBSECTION (2)(g)(I)12
	418	+	OF THIS SECTION SHALL PUBLISH A REPORT ON ITS WEBSITE DISCLOSING13
	419	+	THE NUMBER OF CITATIONS AND REVENUE GENERATED BY THE14
	420	+	AUTOMATED VEHICLE IDENTIFICATION CORRIDOR .15
	421	+	(V) (A) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION16
	422	+	(2)(g)(I) OF THIS SECTION, THE STATE MAY LOCATE AN AUTOMATED17
	423	+	VEHICLE IDENTIFICATION SYSTEM ON A HIGHWAY THAT IS A PART OF THE18
	424	+	FEDERAL INTERSTATE HIGHWAY SYSTEM AND MAY ISSUE A NOTICE OF19
	425	+	VIOLATION OR A CIVIL PENALTY ASSESSMENT NOTICE FOR A TRAFFIC20
	426	+	VIOLATION UNDER STATE LAW DETECTED USING THE AUTOMATED VEHICLE21
	427	+	IDENTIFICATION SYSTEM.22
	428	+	(B) A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY SHALL23
	429	+	NOT LOCATE AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM OR CREATE 24
	430	+	AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON ANY HIGHWAY25
	431	+	THAT IS A PART OF THE FEDERAL INTERSTATE HIGHWAY SYSTEM .26
	432	+	(h) THE STATE, A COUNTY, A CITY AND COUNTY, OR A27
	433	+	200
	434	+	-12- MUNICIPALITY SHALL NOT REQUIRE A REGISTERED OWNER OF A VEHICLE1
	435	+	TO DISCLOSE THE IDENTITY OF A DRIVER OF THE VEHICLE WHO IS2
	436	+	DETECTED THROUGH THE USE OF AN AUTOMATED VEHICLE IDENTIFICATION3
	437	+	SYSTEM. HOWEVER, THE REGISTERED OWNER MAY BE REQUIRED TO4
	438	+	SUBMIT EVIDENCE THAT THE OWNER WAS NOT THE DRIVER AT THE TIME OF5
	439	+	THE ALLEGED VIOLATION.6
	440	+	(3) The department has no authority to assess any points7
	441	+	against a license under section 42-2-127 upon entry of a conviction or8
	442	+	judgment for a violation of a COUNTY OR municipal traffic regulation or9
	443	+	a traffic violation under state law if the violation was detected through the10
	444	+	use of an automated vehicle identification system. The department may11
	445	+	SHALL not keep any record of such violation in the official records12
	446	+	maintained by the department under section 42-2-121. 13
	447	+	(4) (a) If the state, a county, a city and county, or a municipality14
	448	+	detects a speeding violation of less than ten miles per hour over the15
	449	+	reasonable and prudent speed under a COUNTY OR municipal traffic16
	450	+	regulation or under state law through the use of an automated vehicle17
	451	+	identification system and the violation is the first violation by such driver18
	452	+	THE REGISTERED OWNER that the state, county, city and county, or19
	453	+	municipality has detected using an automated vehicle identification20
	454	+	system, then the state, county, city and county, or municipality shall MAY21
	455	+	mail such driver THE REGISTERED OWNER a warning regarding the22
	456	+	violation, and BUT the state, county, city and county, or municipality may23
	457	+	SHALL not impose any penalty or surcharge for such first violation.24
	458	+	(b) (I) If the state, a county, a city and county, or a municipality25
	459	+	detects a second or subsequent speeding violation under a COUNTY OR26
	460	+	municipal traffic regulation or under state law by a driver THE27
	461	+	200
	462	+	-13- REGISTERED OWNER, or a first such violation by the driver REGISTERED1
	463	+	OWNER, if the provisions of paragraph (a) of this subsection (4)2
	464	+	SUBSECTION (4)(a) OF THIS SECTION do not apply, through the use of an3
	465	+	automated vehicle identification system, then, except as may be permitted4
	466	+	in subparagraph (II) of this paragraph (b) SUBSECTION (4)(b)(II) OF THIS5
	467	+	SECTION, the maximum penalty that the state, county, city and county, or6
	468	+	municipality may impose for such violation, including any surcharge, is7
	469	+	forty dollars.8
	470	+	(II) If any violation described in subparagraph (I) of this9
	471	+	paragraph (b) SUBSECTION (4)(b)(I) OF THIS SECTION occurs within a10
	472	+	school zone, as defined in section 42-4-615, the maximum penalty that11
	473	+	may be imposed shall be doubled.12
	474	+	(III) Subparagraph (I) of this paragraph (b) shall SUBSECTION13
	475	+	(4)(b)(I)
	476	+	OF THIS SECTION DOES not apply within a maintenance,14
	477	+	construction, or repair zone designated pursuant to section 42-4-614.15
426	478		(4.5) If the state, a county, a city and county, or a municipality
427		-	detects a violation under OF a COUNTY OR municipal traffic regulation or
428		-	TRAFFIC VIOLATION under state law for disobedience to a traffic control
429		-	signal through the use of an automated vehicle identification system, the
	479	+	16
	480	+	detects a violation under OF a COUNTY OR municipal traffic regulation or17
	481	+	TRAFFIC VIOLATION under state law for disobedience to a traffic control18
	482	+	signal through the use of an automated vehicle identification system, the19
430	483		maximum
431		-	CIVIL penalty that the state, a county, a city and county, or a
432		-	municipality may impose for such violation, including any surcharge, is
433		-	seventy-five dollars.
434		-	~~PAGE 10-SENATE BILL 23-200~~ (4.7) If a driver REGISTERED OWNER fails to pay a penalty ~~imposed~~
	484	+	CIVIL penalty that the state, a county, a city and county, or a20
	485	+	municipality may impose for such violation, including any surcharge, is21
	486	+	seventy-five dollars.22
	487	+	(4.7) If a driver REGISTERED OWNER fails to pay a penalty imposed23
435	488		for a violation
436		-	OF A COUNTY OR MUNICIPAL TRAFFIC REGULATION OR A
437		-	TRAFFIC VIOLATION UNDER STATE LAW
438		-	detected using an automated vehicle
439		-	identification device
440		-	SYSTEM, the state, a county, a city and county, or a
441		-	municipality shall not attempt to enforce such a penalty by immobilizing the
442		-	driver's
443		-	REGISTERED OWNER'S vehicle.
444		-	(5) If the state, a county, a city and county, or a municipality has
445		-	established an automated vehicle identification system for the enforcement
446		-	of
447		-	COUNTY OR municipal traffic regulations or state traffic laws, then no
448		-	portion of any fine collected through the use of such system may be paid to
449		-	the manufacturer or vendor of the automated vehicle identification system
450		-	equipment. The compensation paid by the state, county, city and county, or
451		-	municipality for such equipment shall be based upon the value of such
452		-	equipment
453		-	AND THE VALUE OF ANY SERVICES PROVIDED TO THE STATE ,
454		-	COUNTY, CITY AND COUNTY, OR MUNICIPALITY and may not be based upon
455		-	the number of traffic citations issued or the revenue generated by such
456		-	equipment
457		-	OR SERVICES.
458		-	(6) (a) As used in this section, the term "automated vehicle
459		-	identification system" means a system whereby:
	489	+	OF A
	490	+	COUNTY OR MUNICIPAL TRAFFIC REGULATION OR A24
	491	+	TRAFFIC VIOLATION UNDER STATE LAW detected using an automated25
	492	+	vehicle identification device SYSTEM, the state, a county, a city and26
	493	+	county, or a municipality shall not attempt to enforce such a penalty by27
	494	+	200
	495	+	-14- immobilizing the driver's REGISTERED OWNER'S vehicle.1
	496	+	(5) If the state, a county, a city and county, or a municipality has2
	497	+	established an automated vehicle identification system for the3
	498	+	enforcement of COUNTY OR municipal traffic regulations or state traffic4
	499	+	laws, then no portion of any fine collected through the use of such system5
	500	+	may be paid to the manufacturer or vendor of the automated vehicle6
	501	+	identification system equipment. The compensation paid by the state,7
	502	+	county, city and county, or municipality for such equipment shall be8
	503	+	based upon the value of such equipment
	504	+	AND THE VALUE OF ANY9
	505	+	SERVICES PROVIDED TO THE STATE , COUNTY, CITY AND COUNTY, OR10
	506	+	MUNICIPALITY
	507	+	and may not be based upon the number of traffic citations11
	508	+	issued or the revenue generated by such equipment
	509	+	OR SERVICES.12
	510	+	(6) (a) As used in this section, the term "automated vehicle13
	511	+	identification system" means a system whereby:14
460	512		(a)
461		-	(I) A machine is used to automatically detect a violation of a
462		-	traffic regulation and simultaneously record a photograph of the vehicle, the
463		-	operator of the vehicle, and the license plate of the vehicle; and
464		-	(b)
465		-	(II) A NOTICE OF VIOLATION OR CIVIL penalty assessment notice
466		-	or summons and complaint is MAY BE issued to the registered owner of the
467		-	motor vehicle.
	513	+	(I) A machine is used to automatically detect a violation of a15
	514	+	traffic regulation and simultaneously record a photograph of the vehicle,16
	515	+	the operator of the vehicle, and the license plate of the vehicle; and17
	516	+	(b) (II) A NOTICE OF VIOLATION OR CIVIL penalty assessment18
	517	+	notice or summons and complaint is MAY BE issued to the registered19
	518	+	owner of the motor vehicle.20
468	519		(b) "A
469		-	UTOMATED VEHICLE IDENTIFICATION SYSTEM " INCLUDES A
470		-	SYSTEM USED TO DETECT A VIOLATION OF PART
471		-	11 OF THIS ARTICLE 4 OR A
472		-	LOCAL SPEED ORDINANCE
473		-	, A SYSTEM USED TO DETECT VIOLATIONS OF
474		-	TRAFFIC RESTRICTIONS IMPOSED BY TRAFFIC SIGNALS OR TRAFFIC SIGNS
475		-	, AND
476		-	A SYSTEM USED TO DETECT VIOLATIONS OF BUS LANE OR BICYCLE LANE
477		-	RESTRICTIONS
478		-	.
	520	+	UTOMATED VEHICLE IDENTIFICATION SYSTEM " INCLUDES A21
	521	+	SYSTEM USED TO DETECT A VIOLATION OF PART 11 OF THIS ARTICLE 4 OR22
	522	+	A LOCAL SPEED ORDINANCE, A SYSTEM USED TO DETECT VIOLATIONS OF23
	523	+	TRAFFIC RESTRICTIONS IMPOSED BY TRAFFIC SIGNALS OR TRAFFIC SIGNS ,24
	524	+	AND A SYSTEM USED TO DETECT VIOLATIONS OF BUS LANE OR BICYCLE25
	525	+	LANE RESTRICTIONS.26
479	526		(7) T
480		-	HE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY AND
481		-	ANY VENDOR OPERATING AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM
482		-	SHALL
483		-	, UNLESS OTHERWISE PROVIDED IN THIS SECTION :
484		-	PAGE 11-SENATE BILL 23-200 (a) PROGRAM THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM TO
485		-	RETAIN DATA ONLY WHEN A VIOLATION OF A COUNTY OR MUNICIPAL TRAFFIC
486		-	REGULATION OR TRAFFIC VIOLATION UNDER STATE LAW OCCURS
487		-	;
	527	+	HE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY
	528	+	27
	529	+	200
	530	+	-15- AND ANY VENDOR OPERATING AN AUTOMATED VEHICLE IDENTIFICATION1
	531	+	SYSTEM SHALL, UNLESS OTHERWISE PROVIDED IN THIS SECTION :2
	532	+	(a) P
	533	+	ROGRAM THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM3
	534	+	TO RETAIN DATA
	535	+	ONLY WHEN A VIOLATION OF A COUNTY OR MUNICIPAL4
	536	+	TRAFFIC REGULATION OR TRAFFIC VIOLATION UNDER STATE LAW OCCURS ;5
488	537		(b) T
489		-	REAT ALL PHOTOGRAPHS AND VIDEO COLLECTED BY THE
490		-	AUTOMATED MOTOR VEHICLE IDENTIFICATION SYSTEM AS CONFIDENTIAL
491		-	AND EXEMPT FROM DISCLOSURE AND INSPECTION PURSUANT TO THE
492		-	"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24;
	538	+	REAT ALL PHOTOGRAPHS AND VIDEO COLLECTED BY THE6
	539	+	AUTOMATED MOTOR VEHICLE IDENTIFICATION SYSTEM AS CONFIDENTIAL7
	540	+	AND EXEMPT FROM DISCLOSURE AND INSPECTION PURSUANT TO THE8
	541	+	"C
	542	+	OLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24;9
493	543		(c) N
494		-	OT USE, DISCLOSE, SELL, OR PERMIT ACCESS TO PHOTOGRAPHS,
495		-	VIDEO, OR PERSONAL IDENTIFIABLE DATA COLLECTED BY THE AUTOMATED
496		-	MOTOR VEHICLE IDENTIFICATION SYSTEM EXCEPT TO THE EXTENT
497		-	NECESSARY TO OPERATE THE PROGRAM
498		-	, INCLUDING FOR PURPOSES OF
499		-	PROCESSING VIOLATIONS
500		-	, FOR OTHER LAW ENFORCEMENT PURPOSES , FOR
501		-	TRANSFERRING DATA TO A NEW VENDOR OR OPERATING SYSTEM
502		-	, OR,
503		-	PURSUANT TO A COURT ORDER, FOR USE IN UNRELATED LEGAL PROCEEDINGS;
504		-	AND
505		-	(d) DESTROY ANY PHOTOGRAPHS AND VIDEO OF A VIOLATION
506		-	COLLECTED BY THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM WITHIN
507		-	THREE YEARS AFTER THE FINAL DISPOSITION OF THE VIOLATION UNLESS THE
508		-	PHOTOGRAPHS OR VIDEO ARE MAINTAINED IN A SEPARATE SYSTEM FOR
509		-	OTHER PURPOSES ALLOWED BY LAW
510		-	.
	544	+	OT USE, DISCLOSE, SELL, OR PERMIT ACCESS TO10
	545	+	PHOTOGRAPHS, VIDEO, OR PERSONAL IDENTIFIABLE DATA COLLECTED BY11
	546	+	THE AUTOMATED MOTOR VEHICLE IDENTIFICATION SYSTEM EXCEPT TO THE12
	547	+	EXTENT NECESSARY TO OPERATE THE PROGRAM , INCLUDING FOR PURPOSES13
	548	+	OF PROCESSING VIOLATIONS, FOR OTHER LAW ENFORCEMENT PURPOSES ,14
	549	+	FOR TRANSFERRING DATA TO A NEW VENDOR OR OPERATING SYSTEM ,
	550	+	OR,15
	551	+	PURSUANT TO A COURT ORDER , FOR USE IN UNRELATED LEGAL16
	552	+	PROCEEDINGS; AND17
	553	+	(d) D
	554	+	ESTROY ANY PHOTOGRAPHS AND VIDEO OF A VIOLATION18
	555	+	COLLECTED BY THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM WITHIN19
	556	+	THREE YEARS AFTER THE FINAL DISPOSITION OF THE VIOLATION UNLESS20
	557	+	THE PHOTOGRAPHS OR VIDEO ARE MAINTAINED IN A SEPARATE SYSTEM21
	558	+	FOR OTHER PURPOSES ALLOWED BY LAW .22
511	559		SECTION 2. Effective date. This act takes effect upon passage;
512		-	except that section 42-4-110.5 (3), Colorado Revised Statutes, as enacted
513		-	in section 1 of this act, takes effect June 1, 2024.
514		-	PAGE 12-SENATE BILL 23-200 SECTION 3. Safety clause. The general assembly hereby finds,
515		-	determines, and declares that this act is necessary for the immediate
516		-	preservation of the public peace, health, or safety.
517		-	____________________________ ____________________________
518		-	Steve Fenberg Julie McCluskie
519		-	PRESIDENT OF SPEAKER OF THE HOUSE
520		-	THE SENATE OF REPRESENTATIVES
521		-	____________________________ ____________________________
522		-	Cindi L. Markwell Robin Jones
523		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
524		-	THE SENATE OF REPRESENTATIVES
525		-	APPROVED________________________________________
526		-	(Date and Time)
527		-	_________________________________________
528		-	Jared S. Polis
529		-	GOVERNOR OF THE STATE OF COLORADO
530		-	PAGE 13-SENATE BILL 23-200
	560	+	23
	561	+	except that sections 42-4-110.5 (2)(a)(V)(G), (3)(a)(I), (3)(a)(II), and24
	562	+	(3)(b), Colorado Revised Statutes, as enacted in section 1 of this act, take25
	563	+	effect June 1, 2024.26
	564	+	27
	565	+	200
	566	+	-16- SECTION 3. Safety clause. The general assembly hereby finds,1
	567	+	determines, and declares that this act is necessary for the immediate2
	568	+	preservation of the public peace, health, or safety.3
	569	+	200
	570	+	-17-