SENATE BILL 23-200
BY SENATOR(S) Winter F., Coleman, Cutter, Gonzales, Hansen,
Marchman, Priola, Fenberg;
also REPRESENTATIVE(S) Froelich and Herod, Amabile, Bird, Dickson,
Epps, Hamrick, Jodeh, Kipp, Lindsay, Mabrey, Michaelson Jenet, Ortiz,
Parenti, Vigil, Young, McCluskie.
C
ONCERNING THE UTILIZATION OF AUTOMATED VEHICLE IDENTIFICATION
SYSTEMS FOR INCREASED TRAFFIC LAW ENFORCEMENT BY CERTAIN
JURISDICTIONS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend 42-4-110.5 as
follows:
42-4-110.5. Automated vehicle identification systems - legislative
declaration - exceptions to liability - penalty - limits on use of
photographs and video - definitions. (1) The general assembly hereby
finds and declares that the enforcement of traffic laws through the use of
automated vehicle identification systems under this section is a matter of
statewide concern and is an area in which uniform state standards are
necessary.
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (1.4) NOTHING IN THIS SECTION APPLIES TO THE USE OF AUTOMATED
VEHICLE IDENTIFICATION SYSTEMS FOR THE PURPOSE OF COLLECTING TOLLS
,
FEES, OR CIVIL PENALTIES IN ACCORDANCE WITH PART 5 OF ARTICLE 4 OF
TITLE
43 AND SECTION 43-4-808.
(1.5) Except for the authorization contained in subsection (1.7) of
this section, nothing in this section shall apply
APPLIES to a violation
detected by an automated vehicle identification device SYSTEM for driving
twenty-five miles per hour or more in excess of the reasonable and prudent
speed or twenty-five miles per hour or more in excess of the maximum
speed limit of seventy-five miles per hour detected by the use of an
automated vehicle identification device
SYSTEM.
(1.7) (a) (I) Upon request from the department of transportation, the
department of public safety shall utilize an automated vehicle identification
system to detect speeding violations under part 11 of this article
ARTICLE 4
within a highway maintenance, repair, or construction zone designated
pursuant to section 42-4-614 (1)(a), if the department of public safety
complies with subsections (2) to (6) of this section. An automated vehicle
identification system shall not be used under this subsection (1.7) unless
maintenance, repair, or construction is occurring at the time the system is
being used.
(II) The department of public safety may contract with a vendor to
implement this subsection (1.7),
INCLUDING TO:
(A) N
OTIFY VIOLATORS;
(B) C
OLLECT AND REMIT THE PENALTIES AND SURCHARGES TO THE
STATE TREASURY LESS THE VENDOR
'S EXPENSES;
(C) R
ECONCILE PAYMENTS AGAINST OUTSTANDING VIOLATIONS ;
(D) I
MPLEMENT COLLECTION EFFORTS ; AND
(E) NOTIFY THE DEPARTMENT OF PUBLIC SAFETY OF UNPAID
VIOLATIONS FOR POSSIBLE REFERRAL TO THE JUDICIAL SYSTEM
.
(III) If the department of public safety contracts with a vendor, the
PAGE 2-SENATE BILL 23-200 contract shall MUST incorporate the processing elements specified by the
department of public safety. The department of public safety may contract
with the vendor to notify violators, collect and remit the penalties and
surcharges to the state treasury less the vendor's expenses, reconcile
payments against outstanding violations, implement collection efforts, and
notify the department of public safety of unpaid violations for possible
referral to the judicial system.
(IV) No NOTICE OF VIOLATION OR CIVIL penalty assessment or
summons and complaint or a penalty or surcharge for a violation detected
by an automated vehicle identification system under this subsection (1.7)
shall be forwarded to the department for processing.
(b) The department of transportation shall reimburse the department
of public safety for the direct and indirect costs of complying with this
subsection (1.7).
(2) A
COUNTY OR municipality may adopt an ordinance authorizing
the use of an automated vehicle identification system to detect violations of
traffic regulations adopted by the
COUNTY OR municipality, or the state, a
county, a city and county, or a municipality may utilize an automated
vehicle identification system to detect traffic violations under state law,
subject to the following conditions and limitations:
(a) (I) (Deleted by amendment, L. 2002, p. 570, ยง 1, effective May
24, 2002.)
(II) If the state, a county, a city and county, or a municipality detects
any alleged violation of a
COUNTY OR municipal traffic regulation or a
traffic violation under state law through the use of an automated vehicle
identification system, then the state, county, city and county, or municipality
shall serve the penalty assessment notice or summons and complaint for the
alleged violation on the defendant no later than ninety days after the alleged
violation occurred. If a penalty assessment notice or summons and
complaint for a violation detected using an automated vehicle identification
system is personally served, the state, a county, a city and county, or a
municipality may only charge the actual costs of service of process that
shall be no more than the amount usually charged for civil service of
process ISSUE, OR CAUSE ITS VENDOR TO ISSUE, TO THE REGISTERED OWNER
OF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION
, BY
PAGE 3-SENATE BILL 23-200 FIRST-CLASS MAIL, PERSONAL SERVICE, OR BY ANY MAIL DELIVERY SERVICE
OFFERED BY AN ENTITY OTHER THAN THE
UNITED STATES POSTAL SERVICE
THAT IS EQUIVALENT TO OR SUPERIOR TO FIRST
-CLASS MAIL WITH RESPECT
TO DELIVERY SPEED
, RELIABILITY, AND PRICE, A NOTICE OF VIOLATION:
(A) W
ITHIN THIRTY DAYS AFTER THE ALLEGED VIOLATION
OCCURRED IF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION IS
REGISTERED IN THE STATE
; OR
(B) WITHIN SIXTY DAYS AFTER THE ALLEGED VIOLATION OCCURRED
IF THE MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION IS
REGISTERED OUTSIDE OF THE STATE
.
(III) T
HE NOTICE OF VIOLATION MUST CONTAIN :
(A) T
HE NAME AND ADDRESS OF THE REGISTERED OWNER OF THE
MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION
;
(B) T
HE LICENSE PLATE NUMBER OF THE MOTOR VEHICLE INVOLVED
IN THE ALLEGED VIOLATION
;
(C) T
HE DATE, TIME, AND LOCATION OF THE ALLEGED VIOLATION ;
(D) T
HE AMOUNT OF THE CIVIL PENALTY PRESCRIBED FOR THE
ALLEGED VIOLATION
;
(E) T
HE DEADLINE FOR PAYMENT OF THE PRESCRIBED CIVIL PENALTY
AND FOR DISPUTING THE ALLEGED VIOLATION
; AND
(F) INFORMATION ON HOW THE REGISTERED OWNER MAY EITHER
DISPUTE THE ALLEGED VIOLATION IN A HEARING OR PAY THE PRESCRIBED
CIVIL PENALTY
.
(IV) I
F THE STATE, A COUNTY, A CITY AND COUNTY , OR A
MUNICIPALITY DOES NOT RECEIVE THE PRESCRIBED CIVIL PENALTY OR A
WRITTEN NOTICE REQUESTING A HEARING TO DISPUTE THE ALLEGED
VIOLATION BY THE DEADLINE STATED ON THE NOTICE OF VIOLATION
, WHICH
DEADLINE MUST NOT BE LESS THAN FORTY
-FIVE DAYS AFTER THE ISSUANCE
DATE ON THE NOTICE OF VIOLATION
, THE STATE, COUNTY, CITY AND
COUNTY
, OR MUNICIPALITY SHALL ISSUE, OR CAUSE ITS VENDOR TO ISSUE, BY
PAGE 4-SENATE BILL 23-200 FIRST-CLASS MAIL, PERSONAL SERVICE, OR BY ANY MAIL DELIVERY SERVICE
OFFERED BY AN ENTITY OTHER THAN THE
UNITED STATES POSTAL SERVICE
THAT IS EQUIVALENT TO OR SUPERIOR TO FIRST
-CLASS MAIL WITH RESPECT
TO DELIVERY SPEED
, RELIABILITY, AND PRICE, A CIVIL PENALTY ASSESSMENT
NOTICE FOR THE ALLEGED VIOLATION TO THE REGISTERED OWNER OF THE
MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION NO LATER THAN
THIRTY DAYS AFTER THE DEADLINE ON THE NOTICE OF VIOLATION
.
(V) T
HE CIVIL PENALTY ASSESSMENT NOTICE MUST CONTAIN :
(A) T
HE NAME AND ADDRESS OF THE REGISTERED OWNER OF THE
MOTOR VEHICLE INVOLVED IN THE ALLEGED VIOLATION
;
(B) T
HE LICENSE PLATE OF THE MOTOR VEHICLE INVOLVED IN THE
ALLEGED VIOLATION
;
(C) T
HE DATE, TIME, AND LOCATION OF THE ALLEGED VIOLATION ;
(D) T
HE AMOUNT OF THE CIVIL PENALTY PRESCRIBED FOR THE
ALLEGED VIOLATION
;
(E) T
HE DEADLINE FOR PAYMENT OF THE PRESCRIBED CIVIL
PENALTY
;
(F) INFORMATION ON HOW TO PAY THE PRESCRIBED CIVIL PENALTY .
(VI) I
F THE REGISTERED OWNER OF THE MOTOR VEHICLE FAILS TO
REQUEST A HEARING TO DISPUTE THE ALLEGED VIOLATION BY THE DEADLINE
STATED IN THE NOTICE OF VIOLATION
, THE REGISTERED OWNER WAIVES ANY
RIGHT TO CONTEST THE VIOLATION OR THE AMOUNT OF THE PRESCRIBED
CIVIL PENALTY
.
(VII) I
F THE REGISTERED OWNER OF THE MOTOR VEHICLE FAILS TO
PAY IN FULL THE PRESCRIBED CIVIL PENALTY BY THE DEADLINE STATED IN
THE CIVIL PENALTY ASSESSMENT NOTICE
, A FINAL ORDER OF LIABILITY SHALL
BE ENTERED AGAINST THE REGISTERED OWNER OF THE VEHICLE
.
(VIII) F
INAL ORDERS MAY BE APPEALED AS TO MATTERS OF LAW AND
FACT TO THE COUNTY COURT IN THE C OUNTY WHERE THE ALLEGED
VIOLATION OR THE MUNICIPAL COURT IN THE MUNICIPALITY WHERE THE
PAGE 5-SENATE BILL 23-200 ALLEGED VIOLATION OCCURRED . THE REGISTERED OWNER OF THE MOTOR
VEHICLE MAY ASSERT IN AN APPEAL THAT A NOTICE OF VIOLATION SERVED
BY FIRST
-CLASS MAIL OR OTHER MAIL DELIVERY SERVICE WAS NOT
ACTUALLY DELIVERED
. THE APPEAL SHALL BE A DE NOVO HEARING .
(IX) T
HE STATE, A COUNTY, A CITY AND COUNTY , OR A
MUNICIPALITY SHALL NOT INITIATE OR PURSUE A COLLECTION ACTION
AGAINST A REGISTERED OWNER OF A MOTOR VEHICLE FOR A DEBT RESULTING
FROM AN UNPAID PENALTY ASSESSED PURSUANT TO THIS SECTION UNLESS
THE REGISTERED OWNER IS PERSONALLY SERVED THE NOTICE OF VIOLATION
OR THE FINAL ORDER OF LIABILITY
.
(b) Notwithstanding any other provision of the statutes to the
contrary, the state, a county, a city and county, or a municipality may SHALL
not report to the department any conviction or entry of judgment against a defendant for violation of a
COUNTY OR municipal traffic regulation or a
traffic violation under state law if the violation was detected through the use
of an automated vehicle identification system.
(c) Repealed.
(d) (I) The state, a county, a city and county, or a municipality may
SHALL not use an automated vehicle identification system to detect a
violation of part 11 of this article ARTICLE 4 or a local speed ordinance
unless there is posted an appropriate temporary
OR PERMANENT sign in a
conspicuous place not fewer than three hundred feet before the area in
which the automated vehicle identification device
SYSTEM is to be used
notifying the public that an automated vehicle identification device SYSTEM
is in use immediately ahead. The requirement of this subparagraph (I)
SUBSECTION (2)(d)(I) shall not be deemed satisfied by the posting of a
permanent sign or signs at the borders of a county, city and county, or
municipality, nor by the posting of a permanent sign in an area in which an
automated vehicle identification device
SYSTEM is to be used, but this
subparagraph (I) SUBSECTION (2)(d)(I) shall not be deemed a prohibition
against the posting of such permanent signs.
(II) Except as provided in subparagraph (I) of this paragraph (d)
SUBSECTION (2)(d)(I) OF THIS SECTION, an automated vehicle identification
system designed to detect disobedience to a traffic control signal or another
violation of this article
ARTICLE 4 or a local traffic ordinance shall not be
PAGE 6-SENATE BILL 23-200 used unless the state, county, city and county, or municipality using such
system conspicuously posts a sign notifying the public that an automated
vehicle identification device
SYSTEM is in use immediately ahead. The sign
shall:
(A) Be placed in a conspicuous place LOCATION not fewer than two
hundred feet nor more than five hundred feet before the automated vehicle
identification system; and
(B) Use lettering that is at least four inches high for upper case
letters and two and nine-tenths inches high for lower case letters.
(e) (I) The state, a county, a city and county, or a municipality may
not require a registered owner of a vehicle to disclose the identity of a
driver of the vehicle who is detected through the use of an automated
vehicle identification system. However, the registered owner may be
required to submit evidence that the owner was not the driver at the time of
the alleged violation. IF THE STATE, COUNTY, CITY AND COUNTY, OR
MUNICIPALITY IMPLEMENTS A NEW AUTOMATED VEHICLE IDENTIFICATION
SYSTEM AFTER
JULY 1, 2023, THAT IS NOT A REPLACEMENT OF AN
AUTOMATED VEHICLE IDENTIFICATION SYSTEM
:
(A) T
HE AGENCY RESPONSIBLE FOR THE AUTOMATED VEHICLE
IDENTIFICATION SYSTEM SHALL PUBLICLY ANNOUNCE THE IMPLEMENTATION
OF THE SYSTEM THROUGH ITS WEBSITE FOR AT LEAST THIRTY DAYS PRIOR TO
THE USE OF THE SYSTEM
; AND
(B) FOR THE FIRST THIRTY DAYS AFTER THE SYSTEM IS INSTALLED OR
DEPLOYED
, ONLY WARNINGS MAY BE ISSUED FOR VIOLATIONS OF A COUNTY
OR MUNICIPAL TRAFFIC REGULATION OR TRAFFIC VIOLATION UNDER STATE
LAW DETECTED BY THE SYSTEM
.
(II) A
STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY MAY
CONDUCT AN EXTENDED PUBLIC INFORMATION CAMPAIGN OR WARNING
PERIOD FOR SYSTEMS INSTALLED OR DEPLOYED EITHER BEFORE OR AFTER
JULY 1, 2023.
(f) The state, a county, a city and county, or a municipality shall not
issue a penalty assessment notice or summons for a violation detected using
an automated vehicle identification system unless, at the time the violation
PAGE 7-SENATE BILL 23-200 is alleged to have occurred, an officer or employee of the state, the county,
the city and county, or the municipality is present during the operation of
the automated vehicle identification device; except that this paragraph (f)
shall not apply to an automated vehicle identification system designed to
detect violations for disobedience to a traffic control signal.
(g) (I) The state, a county, a city and county, or a municipality shall
not issue a
NOTICE OF VIOLATION OR CIVIL penalty assessment notice orsummons for a violation detected using an automated vehicle identification
system unless the violation occurred within a school zone, as defined in
section 42-4-615; within a residential neighborhood; within a maintenance,
construction, or repair zone designated pursuant to section 42-4-614; or
along a street that borders a municipal park; OR ALONG A STREET OR
PORTION OF A STREET THAT A COUNTY OR MUNICIPALITY
, BY ORDINANCE OR
BY A RESOLUTION OF ITS GOVERNING BODY
, DESIGNATES AS AN AUTOMATED
VEHICLE IDENTIFICATION CORRIDOR
, ON WHICH DESIGNATED CORRIDOR THE
COUNTY OR MUNICIPALITY MAY LOCATE AN AUTOMATED VEHICLE
IDENTIFICATION SYSTEM TO DETECT VIOLATIONS OF A COUNTY OR
MUNICIPAL TRAFFIC REGULATION OR A TRAFFIC VIOLATION UNDER STATE
LAW
. BEFORE A COUNTY OR MUNICIPALITY BEGINS OPERATION OF AN
AUTOMATED VEHICLE IDENTIFICATION SYSTEM IN AN AUTOMATED VEHICLE
IDENTIFICATION CORRIDOR
, THE COUNTY OR MUNICIPALITY MUST :
(A) P
OST A PERMANENT SIGN IN A CONSPICUOUS PLACE NOT FEWER
THAN THREE HUNDRED FEET BEFORE THE BEGINNING OF THE CORRIDOR AND
A PERMANENT SIGN NOT FEWER THAN THREE HUNDRED FEET BEFORE EACH
CAMERA WITHIN THE CORRIDOR THEREAFTER OR A TEMPORARY SIGN NOT
FEWER THAN THREE HUNDRED FEET BEFORE ANY MOBILE CAMERA
;
(B) I
LLUSTRATE, THROUGH DATA COLLECTED WITHIN THE PAST FIVE
YEARS
, INCIDENTS OF CRASHES , SPEEDING, RECKLESS DRIVING, OR
COMMUNITY COMPLAINTS ON A STREET DESIGNATED AS AN AUTOMATED
VEHICLE IDENTIFICATION CORRIDOR
; AND
(C) COORDINATE BETWEEN THE LOCAL JURISDICTION , THE
DEPARTMENT OF TRANSPORTATION
, AND THE COLORADO STATE PATROL.
(II) For purposes of this paragraph (g)
AS USED IN THIS SUBSECTION
(2)(g), unless the context otherwise requires, "residential neighborhood"
means any block on which a majority of the improvements along both sides
PAGE 8-SENATE BILL 23-200 of the street are residential dwellings and the speed limit is thirty-five miles
per hour or less.
(III) This paragraph (g) shall SUBSECTION (2)(g) DOES not apply to
an automated vehicle identification system designed to detect disobedience
to a traffic control signal.
(IV) A
COUNTY OR MUNICIPALITY IMPLEMENTING AN AUTOMATED
VEHICLE IDENTIFICATION CORRIDOR PURSUANT TO SUBSECTION
(2)(g)(I) OF
THIS SECTION SHALL PUBLISH A REPORT ON ITS WEBSITE DISCLOSING THE
NUMBER OF CITATIONS AND REVENUE GENERATED BY THE AUTOMATED
VEHICLE IDENTIFICATION CORRIDOR
.
(V) (A) N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION
(2)(g)(I) OF THIS SECTION, THE STATE MAY LOCATE AN AUTOMATED VEHICLE
IDENTIFICATION SYSTEM ON A HIGHWAY THAT IS A PART OF THE FEDERAL
INTERSTATE HIGHWAY SYSTEM AND MAY ISSUE A NOTICE OF VIOLATION OR
A CIVIL PENALTY ASSESSMENT NOTICE FOR A TRAFFIC VIOLATION UNDER
STATE LAW DETECTED USING THE AUTOMATED VEHICLE IDENTIFICATION
SYSTEM
.
(B) A
COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY SHALL NOT
LOCATE AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM OR CREATE AN
AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON ANY HIGHWAY THAT IS
A PART OF THE FEDERAL INTERSTATE HIGHWAY SYSTEM
.
(h) T
HE STATE, A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY
SHALL NOT REQUIRE A REGISTERED OWNER OF A VEHICLE TO DISCLOSE THE
IDENTITY OF A DRIVER OF THE VEHICLE WHO IS DETECTED THROUGH THE USE
OF AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM
. HOWEVER, THE
REGISTERED OWNER MAY BE REQUIRED TO SUBMIT EVIDENCE THAT THE
OWNER WAS NOT THE DRIVER AT THE TIME OF THE ALLEGED VIOLATION
.
(3) The department has no authority to assess any points against a
license under section 42-2-127 upon entry of a conviction or judgment for
a violation of a
COUNTY OR municipal traffic regulation or a traffic violation
under state law if the violation was detected through the use of an
automated vehicle identification system. The department may
SHALL not
keep any record of such violation in the official records maintained by the
department under section 42-2-121.
PAGE 9-SENATE BILL 23-200 (4) (a) If the state, a county, a city and county, or a municipality
detects a speeding violation of less than ten miles per hour over the
reasonable and prudent speed under a
COUNTY OR municipal traffic
regulation or under state law through the use of an automated vehicle
identification system and the violation is the first violation by such driver
THE REGISTERED OWNER that the state, county, city and county, or
municipality has detected using an automated vehicle identification system,
then the state, county, city and county, or municipality shall
MAY mail such
driver THE REGISTERED OWNER a warning regarding the violation, and BUT
the state, county, city and county, or municipality may SHALL not impose
any penalty or surcharge for such first violation.
(b) (I) If the state, a county, a city and county, or a municipality
detects a second or subsequent speeding violation under a
COUNTY OR
municipal traffic regulation or under state law by a driver
THE REGISTERED
OWNER
, or a first such violation by the driver
REGISTERED OWNER, if the
provisions of paragraph (a) of this subsection (4) SUBSECTION (4)(a) OF THIS
SECTION
do not apply, through the use of an automated vehicle
identification system, then, except as may be permitted in subparagraph (II)of this paragraph (b) SUBSECTION (4)(b)(II) OF THIS SECTION, the maximum
penalty that the state, county, city and county, or municipality may impose
for such violation, including any surcharge, is forty dollars.
(II) If any violation described in subparagraph (I) of this paragraph
(b) SUBSECTION (4)(b)(I) OF THIS SECTION occurs within a school zone, as
defined in section 42-4-615, the maximum penalty that may be imposed
shall be doubled.
(III) Subparagraph (I) of this paragraph (b) shall
SUBSECTION
(4)(b)(I) OF THIS SECTION DOES not apply within a maintenance,
construction, or repair zone designated pursuant to section 42-4-614.
(4.5) If the state, a county, a city and county, or a municipality
detects a violation under OF a COUNTY OR municipal traffic regulation or
TRAFFIC VIOLATION under state law for disobedience to a traffic control
signal through the use of an automated vehicle identification system, the
maximum
CIVIL penalty that the state, a county, a city and county, or a
municipality may impose for such violation, including any surcharge, is
seventy-five dollars.
PAGE 10-SENATE BILL 23-200 (4.7) If a driver REGISTERED OWNER fails to pay a penalty imposed
for a violation
OF A COUNTY OR MUNICIPAL TRAFFIC REGULATION OR A
TRAFFIC VIOLATION UNDER STATE LAW
detected using an automated vehicle
identification device
SYSTEM, the state, a county, a city and county, or a
municipality shall not attempt to enforce such a penalty by immobilizing the
driver's
REGISTERED OWNER'S vehicle.
(5) If the state, a county, a city and county, or a municipality has
established an automated vehicle identification system for the enforcement
of
COUNTY OR municipal traffic regulations or state traffic laws, then no
portion of any fine collected through the use of such system may be paid to
the manufacturer or vendor of the automated vehicle identification system
equipment. The compensation paid by the state, county, city and county, or
municipality for such equipment shall be based upon the value of such
equipment
AND THE VALUE OF ANY SERVICES PROVIDED TO THE STATE ,
COUNTY, CITY AND COUNTY, OR MUNICIPALITY and may not be based upon
the number of traffic citations issued or the revenue generated by such
equipment
OR SERVICES.
(6) (a) As used in this section, the term "automated vehicle
identification system" means a system whereby:
(a)
(I) A machine is used to automatically detect a violation of a
traffic regulation and simultaneously record a photograph of the vehicle, the
operator of the vehicle, and the license plate of the vehicle; and
(b)
(II) A NOTICE OF VIOLATION OR CIVIL penalty assessment notice
or summons and complaint is MAY BE issued to the registered owner of the
motor vehicle.
(b) "A
UTOMATED VEHICLE IDENTIFICATION SYSTEM " INCLUDES A
SYSTEM USED TO DETECT A VIOLATION OF PART
11 OF THIS ARTICLE 4 OR A
LOCAL SPEED ORDINANCE
, A SYSTEM USED TO DETECT VIOLATIONS OF
TRAFFIC RESTRICTIONS IMPOSED BY TRAFFIC SIGNALS OR TRAFFIC SIGNS
, AND
A SYSTEM USED TO DETECT VIOLATIONS OF BUS LANE OR BICYCLE LANE
RESTRICTIONS
.
(7) T
HE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY AND
ANY VENDOR OPERATING AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM
SHALL
, UNLESS OTHERWISE PROVIDED IN THIS SECTION :
PAGE 11-SENATE BILL 23-200 (a) PROGRAM THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM TO
RETAIN DATA ONLY WHEN A VIOLATION OF A COUNTY OR MUNICIPAL TRAFFIC
REGULATION OR TRAFFIC VIOLATION UNDER STATE LAW OCCURS
;
(b) T
REAT ALL PHOTOGRAPHS AND VIDEO COLLECTED BY THE
AUTOMATED MOTOR VEHICLE IDENTIFICATION SYSTEM AS CONFIDENTIAL
AND EXEMPT FROM DISCLOSURE AND INSPECTION PURSUANT TO THE
"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24;
(c) N
OT USE, DISCLOSE, SELL, OR PERMIT ACCESS TO PHOTOGRAPHS,
VIDEO, OR PERSONAL IDENTIFIABLE DATA COLLECTED BY THE AUTOMATED
MOTOR VEHICLE IDENTIFICATION SYSTEM EXCEPT TO THE EXTENT
NECESSARY TO OPERATE THE PROGRAM
, INCLUDING FOR PURPOSES OF
PROCESSING VIOLATIONS
, FOR OTHER LAW ENFORCEMENT PURPOSES , FOR
TRANSFERRING DATA TO A NEW VENDOR OR OPERATING SYSTEM
, OR,
PURSUANT TO A COURT ORDER, FOR USE IN UNRELATED LEGAL PROCEEDINGS;
AND
(d) DESTROY ANY PHOTOGRAPHS AND VIDEO OF A VIOLATION
COLLECTED BY THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM WITHIN
THREE YEARS AFTER THE FINAL DISPOSITION OF THE VIOLATION UNLESS THE
PHOTOGRAPHS OR VIDEO ARE MAINTAINED IN A SEPARATE SYSTEM FOR
OTHER PURPOSES ALLOWED BY LAW
.
SECTION 2. Effective date. This act takes effect upon passage;
except that section 42-4-110.5 (3), Colorado Revised Statutes, as enacted
in section 1 of this act, takes effect June 1, 2024.
PAGE 12-SENATE BILL 23-200 SECTION 3. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 13-SENATE BILL 23-200