Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-1133.01 Jason Gelender x4330
SENATE BILL 24-195
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
C
ONCERNING PROTECTION OF VULNERABLE ROAD USERS .101
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://leg.colorado.gov
.)
Section 1 of the bill amends the statute that governs the use of
automated vehicle identification systems (AVIS) on roadways other than
toll highways operated by a public highway authority or the
high-performance transportation enterprise in the department of
transportation (CDOT) to:
! Clarify that CDOT and the Colorado state patrol (CSP)
have authority to use AVIS to detect traffic violations on
any portion of a highway that is part of the state highway
SENATE SPONSORSHIP
Winter F. and Cutter,
HOUSE SPONSORSHIP
Lindsay and Lindstedt,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. system (state highway), which generally includes federal
interstate highways, U.S. highways, highways that are not
part of any federal system but are declared by the
transportation commission to be part of the state highway
system, and other federal-aid highways;
! Clarify that the state has final authority to authorize the use
of AVIS by a local government on a state highway; and
! Authorize CDOT, in consultation with the CSP, to
promulgate rules, including rules governing the process by
which use of AVIS is approved or disapproved, rules
governing the AVIS enforcement process, and rules setting
the amount of civil penalties, including increased civil
penalties for traffic violations detected by AVIS that occur
in work zones or school zones, for traffic violation detected
by AVIS used by the state.
Section 1 also:
! Requires a local government to coordinate with CDOT and
the Colorado state patrol both before designating an AVIS
corridor on a state highway and before actually using AVIS
on a state highway rather than only before actually using
AVIS; and
! Requires civil penalties collected by the state for traffic
violations detected by AVIS, net of court and operations
costs, to be credited to the state highway fund and used
only to fund road safety projects that protect vulnerable
road users.
Section 2 requires CDOT to establish and include in its statutorily
required performance plan declining annual targets for vulnerable road
user fatalities and, as part of the targets, also establish engineering
methodology and internal education requirements for practices to
prioritize safety over speed on high-injury networks.
For state fiscal year 2025-26 and each succeeding state fiscal year,
section 3 requires CDOT, after accounting for eligible critical
safety-related asset management surface transportation infrastructure
projects and as determined by the transportation commission, to expend
a specified minimum amount of the money credited to the state highway
fund from the road safety surcharge and certain other fees, fines, and
surcharges that are imposed on motor vehicle registrations and dedicated
for certain types of road safety projects that protect vulnerable road users.
To guide CDOT in implementing sections 2 and 3, section 4
amends an existing definition of "road safety project" to include certain
types of projects that protect vulnerable road users and defines the term
"vulnerable road user".
SB24-195-2- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-4-110.5, amend2
(2) introductory portion, (2)(g)(I) introductory portion, (4)(b)(III), and3
(4.5); repeal (1.7), (2)(g)(I)(C), (4)(b)(II), and (6); and add (1.1), (2.5),4
and (8) as follows:5
42-4-110.5. Automated vehicle identification systems -6
exceptions to liability - penalty - limits on use of photographs and7
video - rules - legislative declaration - definitions. (1.1) A
S USED IN8
THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :9
(a) (I) "A
UTOMATED VEHICLE IDENTIFICATION SYSTEM " MEANS A10
SYSTEM WHEREBY:11
(A) A
MACHINE IS USED TO AUTOMATICALLY DETECT A VIOLATION12
OF A TRAFFIC REGULATION AND SIMULTANEOUSLY RECORD A PHOTOGRAPH13
OF THE VEHICLE, THE OPERATOR OF THE VEHICLE, AND THE LICENSE PLATE14
OF THE VEHICLE; AND15
(B) A
NOTICE OF VIOLATION OR CIVIL PENALTY ASSESSMENT16
NOTICE MAY BE ISSUED TO THE REGISTERED OWNER OF THE MOTOR17
VEHICLE.18
(II) "A
UTOMATED VEHICLE IDENTIFICATION SYSTEM " INCLUDES A19
SYSTEM USED TO DETECT A VIOLATION OF PART 11 OF THIS ARTICLE 4 OR20
A LOCAL SPEED ORDINANCE, A SYSTEM USED TO DETECT VIOLATIONS OF21
TRAFFIC RESTRICTIONS IMPOSED BY TRAFFIC SIGNALS OR TRAFFIC SIGNS ,22
AND A SYSTEM USED TO DETECT VIOLATIONS OF BUS LANE OR BICYCLE23
LANE RESTRICTIONS.24
(b) "S
TATE", NOTWITHSTANDING SECTION 42-1-102 (95), MEANS25
THE STATE OF COLORADO ACTING THROUGH THE DEPARTMENT OF PUBLIC26
SAFETY OR THE DEPARTMENT OF TRANSPORTATION .27
SB24-195
-3- (c) "STATE HIGHWAY SYSTEM " MEANS THE STATE HIGHWAY1
SYSTEM ESTABLISHED IN SECTION 43-2-101 (1).2
(1.7) (a) (I) Upon request from the department of transportation,3
the department of public safety shall utilize an automated vehicle4
identification system to detect speeding violations under part 11 of this5
article 4 within a highway maintenance, repair, or construction zone6
designated pursuant to section 42-4-614 (1)(a), if the department of public7
safety complies with subsections (2) to (6) of this section. An automated8
vehicle identification system shall not be used under this subsection (1.7)9
unless maintenance, repair, or construction is occurring at the time the10
system is being used.11
(II) The department of public safety may contract with a vendor12
to implement this subsection (1.7), including to:13
(A) Notify violators;14
(B) Collect and remit the penalties and surcharges to the state15
treasury less the vendor's expenses;16
(C) Reconcile payments against outstanding violations;17
(D) Implement collection efforts; and18
(E) Notify the department of public safety of unpaid violations for19
possible referral to the judicial system.20
(III) If the department of public safety contracts with a vendor, the21
contract must incorporate the processing elements specified by the22
department of public safety.23
(IV) No notice of violation or civil penalty assessment or a penalty24
or surcharge for a violation detected by an automated vehicle25
identification system under this subsection (1.7) shall be forwarded to the26
department for processing.27
SB24-195
-4- (b) The department of transportation shall reimburse the1
department of public safety for the direct and indirect costs of complying2
with this subsection (1.7).3
(2) A county or municipality may adopt an ordinance authorizing4
the use of an automated vehicle identification system to detect violations5
of traffic regulations adopted by the county or municipality, or the state,6
a county, a city and county, or a municipality may utilize an automated7
vehicle identification system to detect traffic violations under state law,8
subject to the following conditions and limitations
AND, AS APPLICABLE,9
THE REQUIREMENTS FOR STATE HIGHWAYS SET FORTH IN AND ANY RULES10
ADOPTED BY THE DEPARTMENT OF TRANSPORTATION PURSUANT TO11
SUBSECTION (2.5) OF THIS SECTION:12
(g) (I) The state, a county, a city and county, or a municipality13
shall not issue a notice of violation or civil penalty assessment notice for14
a violation detected using an automated vehicle identification system15
unless the violation occurred within a school zone, as defined in section16
42-4-615; within a residential neighborhood; within a maintenance,17
construction, or repair zone designated pursuant to section 42-4-614;18
along a street that borders a municipal park; or along a street or portion19
of a street that a county or municipality, by ordinance or by a resolution20
of its governing body, designates as an automated vehicle identification21
corridor, on which designated corridor the county or municipality may22
locate an automated vehicle identification system to detect violations of23
a county or municipal traffic regulation or a traffic violation under state24
law. B
OTH BEFORE A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY25
DESIGNATES AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A26
STATE HIGHWAY AND BEFORE A C OUNTY , A CITY AND COUNTY, OR A27
SB24-195
-5- MUNICIPALITY BEGINS OPERATION OF AN AUTOMATED VEHICLE1
IDENTIFICATION SYSTEM IN AN AUTOMATED VEHICLE IDENTIFICATION2
CORRIDOR ON A STATE HIGHWAY , THE COUNTY OR MUNICIPALITY SHALL3
COORDINATE WITH THE DEPARTMENT OF TRANSPORTATION AND THE4
C
OLORADO STATE PATROL . Before a county, CITY AND COUNTY, or5
municipality begins operation of an automated vehicle identification6
system in an automated vehicle identification corridor, the county or7
municipality must:8
(C) Coordinate between the local jurisdiction, the department of
9
transportation, and the Colorado state patrol.10
(2.5) (a) T
HE STATE HAS FINAL AUTHORITY TO AUTHORIZE THE USE11
OF AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM BY THE STATE OR A12
COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY ON ANY PORTION OF A13
HIGHWAY THAT IS PART OF THE STATE HIGHWAY SYSTEM , AND THE STATE14
MAY ITSELF USE AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON15
ANY PORTION OF A HIGHWAY THAT IS PART OF THE STATE HIGHWAY16
SYSTEM. THE DEPARTMENT OF TRANSPORTATION MAY PROMULGATE17
RULES TO IMPLEMENT THE PROVISIONS OF THIS SECTION RELATING TO THE18
USE OF AUTOMATED VEHICLE IDENTIFICATION SYSTEMS ON PORTIONS OF19
HIGHWAYS THAT ARE PART OF THE STATE HIGHWAY SYSTEM , INCLUDING20
BUT NOT LIMITED TO RULES THAT:21
(I) S
PECIFY THE PROCESS THAT A COUNTY, A CITY AND COUNTY, OR22
A MUNICIPALITY MUST FOLLOW TO OBTAIN APPROVAL FOR THE USE OF AN23
AUTOMATED VEHICLE IDENTIFICATION SYSTEM ;24
(II) S
PECIFY PRIORITIZATION CRITERIA THAT THE DEPARTMENT OF25
TRANSPORTATION WILL USE TO DETERMINE WHETHER TO APPROVE THE USE26
OF AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM AND , IF MULTIPLE27
SB24-195
-6- ENTITIES SEEK AUTHORIZATION TO USE AN AUTOMATED VEHICLE1
IDENTIFICATION SYSTEM ON THE SAME PORTION OF A HIGHWAY THAT IS2
PART OF THE STATE HIGHWAY SYSTEM , TO DETERMINE WHICH ENTITY IS3
AUTHORIZED TO USE AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM ;4
(III) S
PECIFY, CONSISTENT WITH THE REQUIREMENTS OF5
SUBSECTION (2)(a) OF THIS SECTION, THE PROCESS THAT THE STATE WILL6
USE TO NOTIFY A COUNTY, CITY AND COUNTY, OR MUNICIPALITY THAT THE7
STATE WILL BE USING AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM8
WITHIN ITS JURISDICTION AND THE ADMINISTRATIVE AND ENFORCEMENT9
PROCESS THAT THE DEPARTMENT OF TRANSPORTATION WILL USE TO10
ADMINISTER, HEAR, AND RESOLVE A TRAFFIC VIOLATION DETECTED11
THROUGH THE USE BY THE DEPARTMENT OF TRANSPORTATION OF AN12
AUTOMATED VEHICLE IDENTIFICATION SYSTEM ;13
(IV) E
STABLISH, SUBJECT TO THE CAPS SET FORTH IN SUBSECTIONS14
(4)(b)
AND (4.5) OF THIS SECTION AND ANY OTHER PROVISION OF LAW, THE15
AMOUNT OF CIVIL PENALTIES IMPOSED FOR TRAFFIC VIOLATIONS DETECTED16
THROUGH THE USE BY THE DEPARTMENT OF TRANSPORTATION OF AN17
AUTOMATED VEHICLE IDENTIFICATION SYSTEM ; AND18
(V) P
ROVIDE, CONSISTENT WITH THIS SECTION, ANY ADDITIONAL19
REQUIREMENTS, GUIDANCE, OR CLARIFICATION THAT THE DEPARTMENT OF20
TRANSPORTATION DEEMS NECESSARY OR APPROPRIATE TO IMPLEMENT21
THIS SECTION.22
(b) I
T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE23
DEPARTMENT OF TRANSPORTATION CONSULT WITH THE COLORADO STATE24
PATROL WHEN PROMULGATING RULES RELATING TO THE USE OF25
AUTOMATED VEHICLE IDENTIFICATION SYSTEMS AND BEFORE26
AUTHORIZING THE USE OF AN AUTOMATED VEHICLE IDENTIFICATION27
SB24-195
-7- SYSTEM BY THE STATE OR A COUNTY , A CITY AND COUNTY , OR A1
MUNICIPALITY ON ANY PORTION OF A HIGHWAY THAT IS PART OF THE2
STATE HIGHWAY SYSTEM.3
(4) (b) (II) If any violation described in subsection (4)(b)(I) of this4
section occurs within a school zone, as defined in section 42-4-615, the5
maximum penalty that may be imposed shall be doubled.6
(III) Subsection (4)(b)(I) of this section does not apply within a7
maintenance, construction, or repair zone designated pursuant to section8
42-4-614
OR A SCHOOL ZONE, AS DEFINED IN SECTION 42-4-615 (2).9
(4.5) (a) If the state, a county, a city and county, or a municipality10
detects a violation of a county or municipal traffic regulation or traffic11
violation under state law for disobedience to a traffic control signal12
through the use of an automated vehicle identification system, the13
maximum civil penalty that the state, a county, a city and county, or a14
municipality may impose for such violation, including any surcharge, is15
seventy-five dollars.16
(b) S
UBSECTION (4.5)(a) OF THIS SECTION DOES NOT APPLY WITHIN17
A MAINTENANCE, CONSTRUCTION, OR REPAIR ZONE DESIGNATED18
PURSUANT TO SECTION 42-4-614 OR A SCHOOL ZONE, AS DEFINED IN19
SECTION 42-4-615 (2).20
(6) (a) As used in this section, the term "automated vehicle
21
identification system" means a system whereby:22
(I) A machine is used to automatically detect a violation of a23
traffic regulation and simultaneously record a photograph of the vehicle,24
the operator of the vehicle, and the license plate of the vehicle; and25
(II) A notice of violation or civil penalty assessment notice may26
be issued to the registered owner of the motor vehicle.27
SB24-195
-8- (b) "Automated vehicle identification system" includes a system1
used to detect a violation of part 11 of this article 4 or a local speed2
ordinance, a system used to detect violations of traffic restrictions3
imposed by traffic signals or traffic signs, and a system used to detect4
violations of bus lane or bicycle lane restrictions.5
(8) N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE6
AGGREGATE AMOUNT OF REVENUE , EXCLUSIVE OF COURT AND7
OPERATIONS COSTS, COLLECTED BY THE STATE AS CIVIL PENALTIES FOR8
VIOLATIONS DETECTED BY AUTOMATED VEHICLE IDENTIFICATION SYSTEMS9
MUST BE CREDITED TO THE STATE HIGHWAY FUND AND USED BY THE10
DEPARTMENT ONLY TO FUND ROAD SAFETY PROJECTS , AS DEFINED IN11
SECTION 43-4-803 (21), OF THE TYPE DESCRIBED IN SECTION 43-4-80312
(21)(b).13
SECTION 2. In Colorado Revised Statutes, add 43-1-132 as14
follows:15
43-1-132. Vulnerable road user fatality reduction targets -16
requirements. (1) A
S PART OF ITS EFFORT TO REDUCE FATALITIES FOR17
VULNERABLE ROAD USERS , AS DEFINED IN SECTION 43-4-803 (29), THE18
DEPARTMENT SHALL ESTABLISH DECLINING ANNUAL TARGETS FOR19
VULNERABLE ROAD USER FATALITIES AS PART OF ITS PERFORMANCE PLAN20
REQUIRED BY SECTION 2-7-204 (3).21
(2) A
S PART OF THE TARGETS ESTABLISHED IN SUBSECTION (1) OF22
THIS SECTION, THE DEPARTMENT SHALL ESTABLISH ENGINEERING23
METHODOLOGY AND INTERNAL EDUCATION REQUIREMENTS FOR PRACTICES24
TO PRIORITIZE SAFETY OVER SPEED ON HIGH-INJURY NETWORKS.25
SECTION 3. In Colorado Revised Statutes, 43-4-206, amend (3)26
as follows:27
SB24-195
-9- 43-4-206. State allocation. (3) The revenue credited to the1
highway users tax fund STATE HIGHWAY FUND pursuant to section2
43-4-205 (6.3) shall MUST be expended by the department of3
transportation only for road safety projects, as defined in section 43-4-8034
(21); except that the department shall, in furtherance of its duty to5
supervise state highways and as a consequence in compliance with6
section 43-4-810:7
(a) Expend ten million dollars per year of the revenues REVENUE8
for the planning, designing, engineering, acquisition, installation,9
construction, repair, reconstruction, maintenance, operation, or10
administration of transit-related projects, including, but not limited to,11
designated bicycle or pedestrian lanes of highway and infrastructure12
needed to integrate different transportation modes within a multimodal13
transportation system that enhance the safety of state highways for transit14
users;
AND15
(b) (I) E
XPEND, FOR STATE FISCAL YEAR 2025-26 AND EACH16
SUCCEEDING STATE FISCAL YEAR , AFTER ACCOUNTING FOR CRITICAL17
SAFETY-RELATED ASSET MANAGEMENT SURFACE TRANSPORTATION18
INFRASTRUCTURE PROJECTS ELIGIBLE FOR FUNDING PURSUANT TO SECTION19
43-4-803 (21)(a)
AND AS DETERMINED BY THE TRANSPORTATION20
COMMISSION, AT LEAST TEN PERCENT OF THE REMAINING REVENUE BUT NO21
LESS THAN SEVEN MILLION DOLLARS , AS ADJUSTED PURSUANT TO22
SUBSECTION (3)(b)(II) OF THIS SECTION FOR STATE FISCAL YEAR 2026-2723
AND EACH SUCCEEDING STATE FISCAL YEAR , FOR THE TYPES OF ROAD24
SAFETY PROJECTS DESCRIBED IN SECTION 43-4-803 (21)(b).25
(II) F
OR STATE FISCAL YEAR 2026-27 AND EACH SUCCEEDING26
STATE FISCAL YEAR, THE MINIMUM DOLLAR AMOUNT OF EXPENDITURE27
SB24-195
-10- REQUIRED BY SUBSECTION (3)(b)(I) OF THIS SECTION IS SEVEN MILLION1
DOLLARS, ADJUSTED FOR THE CUMULATIVE PERCENTAGE CHANGE IN THE2
AMOUNT OF REVENUE ACTUALLY CREDITED TO THE STATE HIGHWAY FUND3
PURSUANT TO SECTION 43-4-205 (6.3) FROM STATE FISCAL YEAR 2024-254
THROUGH THE PRIOR STATE FISCAL YEAR .5
SECTION 4. In Colorado Revised Statutes, 43-4-803, amend6
(21); and add (29) as follows:7
43-4-803. Definitions. As used in this part 8, unless the context8
otherwise requires:9
(21) "Road safety project" means:10
(a) A construction, reconstruction, or maintenance project that the11
commission determines is needed to enhance the safety of a state12
highway, a county determines is needed to enhance the safety of a county13
road, or a municipality determines is needed to enhance the safety of a14
city street;
OR15
(b) A
PROJECT THAT IMPROVES TRANSPORTATION SYSTEM16
INFRASTRUCTURE OR OTHERWISE IMPLEMENTS DATA -DRIVEN STRATEGIES17
THAT REDUCE THE NUMBER OF COLLISIONS WITH MOTOR VEHICLES THAT18
RESULT IN DEATH OR SERIOUS INJURY TO VULNERABLE ROAD USERS .19
E
LIGIBLE PROJECTS INCLUDE, BUT ARE NOT LIMITED TO, PROJECTS THAT20
MEET OR EXCEED THE DEPARTMENT 'S COST-TO-BENEFIT RATIO FOR SAFETY21
PROJECTS AND:22
(I) S
EPARATE USERS IN SPACE, SUCH AS SEPARATED BIKE LANES,23
WALKWAYS, AND PEDESTRIAN REFUGE ISLANDS; OR24
(II) I
NCREASE ATTENTIVENESS AND AWARENESS , SUCH AS25
CROSSWALK VISIBILITY ENHANCEMENTS , PEDESTRIAN HYBRID BEACONS,26
AND LIGHTING.27
SB24-195
-11- (29) "VULNERABLE ROAD USER" MEANS AN INDIVIDUAL WHO IS1
UNPROTECTED BY AN OUTSIDE SHIELD WHEN USING A ROAD , INCLUDING,2
BUT NOT LIMITED TO, A PEDESTRIAN, A BICYCLIST, AND AN INDIVIDUAL3
USING ANY OTHER NONMOTORIZED OR MOTORIZED PERSONAL4
CONVEYANCE THAT DOES NOT ENCLOSE THE INDIVIDUAL .5
SECTION 5. Safety clause. The general assembly finds,6
determines, and declares that this act is necessary for the immediate7
preservation of the public peace, health, or safety or for appropriations for8
the support and maintenance of the departments of the state and state9
institutions.10
SB24-195
-12-