Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-1133.01 Jason Gelender x4330
SENATE BILL 24-195
Senate Committees House Committees
Transportation & Energy Transportation, Housing & Local Government
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
HOUSE
Amended 2nd Reading
May 4, 2024
SENATE
3rd Reading Unamended
April 23, 2024
SENATE
Amended 2nd Reading
April 22, 2024
SENATE SPONSORSHIP
Winter F. and Cutter, Kolker, Michaelson Jenet, Priola
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".
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), (2)(g)(IV), (4)(b)(III), and (4.5); repeal3
(1.7), and (6); and add (1.1), (2)(a)(X), (2)(g)(I.3), (2)(g)(I.4), (2)(g)(I.5),4
(2)(g)(I.6), (2)(g)(I.7), (2.5), 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
AND THE LICENSE PLATE OF THE VEHICLE; AND14
(B) A
NOTICE OF VIOLATION OR CIVIL PENALTY ASSESSMENT15
NOTICE MAY BE ISSUED TO THE REGISTERED OWNER OF THE MOTOR16
VEHICLE.17
(II) "A
UTOMATED VEHICLE IDENTIFICATION SYSTEM " INCLUDES A18
SYSTEM USED TO DETECT A VIOLATION OF PART 11 OF THIS ARTICLE 4 OR19
A LOCAL SPEED ORDINANCE, A SYSTEM USED TO DETECT VIOLATIONS OF20
TRAFFIC RESTRICTIONS IMPOSED BY TRAFFIC SIGNALS OR TRAFFIC SIGNS ,21
AND A SYSTEM USED TO DETECT VIOLATIONS OF BUS LANE OR BICYCLE22
LANE RESTRICTIONS.23
(b) "S
TATE", NOTWITHSTANDING SECTION 42-1-102 (95), MEANS24
THE STATE OF COLORADO ACTING THROUGH
THE COLORADO STATE25
PATROL IN THE DEPARTMENT OF PUBLIC SAFETY OR THE DEPARTMENT OF26
TRANSPORTATION.27
195
-3- (c) "STATE HIGHWAY" MEANS ANY HIGHWAY THAT IS OWNED BY1
OR MAINTAINED BY THE STATE. "STATE HIGHWAY" DOES NOT INCLUDE A2
PUBLIC HIGHWAY OPERATED BY A PUBLIC HIGHWAY AUTHORITY IN3
ACCORDANCE WITH THE "PUBLIC HIGHWAY AUTHORITY LAW", PART 5 OF4
ARTICLE 4 OF TITLE 43.5
(1.7) (a) (I) Upon request from the department of transportation,6
the department of public safety shall utilize an automated vehicle7
identification system to detect speeding violations under part 11 of this8
article 4 within a highway maintenance, repair, or construction zone9
designated pursuant to section 42-4-614 (1)(a), if the department of public10
safety complies with subsections (2) to (6) of this section. An automated11
vehicle identification system shall not be used under this subsection (1.7)12
unless maintenance, repair, or construction is occurring at the time the13
system is being used.14
(II) The department of public safety may contract with a vendor15
to implement this subsection (1.7), including to:16
(A) Notify violators;17
(B) Collect and remit the penalties and surcharges to the state18
treasury less the vendor's expenses;19
(C) Reconcile payments against outstanding violations;20
(D) Implement collection efforts; and21
(E) Notify the department of public safety of unpaid violations for22
possible referral to the judicial system.23
(III) If the department of public safety contracts with a vendor, the24
contract must incorporate the processing elements specified by the25
department of public safety.26
(IV) No notice of violation or civil penalty assessment or a penalty27
195
-4- or surcharge for a violation detected by an automated vehicle1
identification system under this subsection (1.7) shall be forwarded to the2
department for processing.3
(b) The department of transportation shall reimburse the4
department of public safety for the direct and indirect costs of complying5
with this subsection (1.7).6
(2) A county,
CITY AND COUNTY,
or municipality may adopt an7
ordinance authorizing the use of an automated vehicle identification8
system to detect violations of traffic regulations adopted by the county,9
CITY AND COUNTY, or municipality, or the state, a county, a city and10
county, or a municipality may utilize an automated vehicle identification11
system to detect traffic violations under state law, subject to the following12
conditions and limitations
AND, AS APPLICABLE, THE REQUIREMENTS FOR13
STATE HIGHWAYS SET FORTH IN AND ANY RULES ADOPTED BY THE14
DEPARTMENT OF TRANSPORTATION PURSUANT TO SUBSECTION (2.5) OF15
THIS SECTION:16
(a) (X) IF THE REGISTERED OWNER OF A MOTOR VEHICLE INVOLVED17
IN A TRAFFIC VIOLATION UNDER STATE LAW OR UNDER TRAFFIC18
REGULATIONS ADOPTED BY A COUNTY, CITY AND COUNTY, OR19
MUNICIPALITY IS ENGAGED IN THE BUSINESS OF LEASING OR RENTING20
MOTOR VEHICLES, THE REGISTERED OWNER REMAINS LIABLE FOR PAYMENT21
OF THE CIVIL PENALTY EVEN IF THE REGISTERED OWNER WAS NOT DRIVING22
THE MOTOR VEHICLE BUT MAY OBTAIN PAYMENT FROM THE LESSOR OR23
RENTER OF THE MOTOR VEHICLE AND FORWARD THE PAYMENT TO THE24
STATE OR THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY IMPOSING25
THE CIVIL PENALTY.26
(g) (I) The state, a county, a city and county, or a municipality27
195
-5- shall not issue a notice of violation or civil penalty assessment notice for1
a violation detected using an automated vehicle identification system2
unless the violation occurred within a school zone, as defined in section3
42-4-615; within a residential neighborhood; within a maintenance,4
construction, or repair zone designated pursuant to section 42-4-614;5
along a street that borders a municipal park; or along a street or portion6
of a street that a county,
CITY AND COUNTY,
or municipality, by ordinance7
or by a resolution of its governing body, designates as an automated8
vehicle identification corridor, on which designated corridor the county,9
CITY AND COUNTY, or municipality may locate an automated vehicle10
identification system to detect violations of a county,
CITY AND COUNTY,
11
or municipal traffic regulation or a traffic violation under state law.12
Before a county or municipality begins operation of an automated vehicle13
identification system in an automated vehicle identification corridor, the14
county or municipality must:15
(A) Post a permanent sign in a conspicuous place not fewer than16
three hundred feet before the beginning of the corridor and a permanent17
sign not fewer than three hundred feet before each camera within the18
corridor thereafter or a temporary sign not fewer than three hundred feet19
before any mobile camera;20
(B) Illustrate, through data collected within the past five years,21
incidents of crashes, speeding, reckless driving, or community complaints22
on a street designated as an automated vehicle identification corridor; and23
(C) Coordinate between the local jurisdiction, the department of24
transportation, and the Colorado state patrol.25
(I.3) B
EFORE A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY
26
DESIGNATES AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A27
195
-6- STATE HIGHWAY, THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY1
SHALL NOTIFY THE DEPARTMENT OF TRANSPORTATION . IF A COUNTY, CITY2
AND COUNTY, OR MUNICIPALITY DESIGNATES AN AUTOMATED VEHICLE3
IDENTIFICATION CORRIDOR ON A STATE HIGHWAY BY ORDINANCE OR4
RESOLUTION BEFORE JANUARY 1, 2025, IT MAY PROCEED WITHOUT HAVING5
PROVIDED THIS NOTIFICATION TO THE DEPARTMENT OF TRANSPORTATION .6
(I.4) A
FTER A COUNTY, CITY AND COUNTY, OR A MUNICIPALITY
7
DESIGNATES AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A8
STATE HIGHWAY, THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY9
SHALL COORDINATE WITH THE DEPARTMENT OF TRANSPORTATION .10
C
OORDINATION MUST INCLUDE DEMONSTRATING THAT THE
11
REQUIREMENTS SET FORTH IN SUBSECTION (2)(g)(I.7)(B) OF THIS SECTION12
HAVE BEEN MET AND, IF NEEDED, APPLYING FOR A SPECIAL USE PERMIT TO13
INSTALL ANY DEVICES OR SIGNAGE ON DEPARTMENT OF TRANSPORTATION14
RIGHT-OF-WAY IF THE SEGMENT OF HIGHWAY IN QUESTION IS MAINTAINED15
BY THE STATE. A COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL16
ALERT THE DEPARTMENT OF TRANSPORTATION WHEN THE AUTOMATED17
VEHICLE IDENTIFICATION CORRIDOR BEGINS OPERATIONS OR18
PERMANENTLY CEASES OPERATIONS ON A STATE HIGHWAY . THE19
DEPARTMENT OF TRANSPORTATION SHALL NOTIFY THE COLORADO STATE20
PATROL WHEN A COUNTY , CITY AND COUNTY , OR MUNICIPALITY21
COORDINATES WITH THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH22
AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A STATE23
HIGHWAY.24
(I.5) B
EFORE A COUNTY, CITY AND COUNTY , OR MUNICIPALITY
25
BEGINS THE OPERATION OF AN AUTOMATED VEHICLE IDENTIFICATION26
SYSTEM IN AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A27
195
-7- COUNTY ROAD, THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL1
NOTIFY THE COLORADO STATE PATROL.2
(I.6) B
EFORE THE STATE DESIGNATES AN AUTOMATED VEHICLE
3
IDENTIFICATION CORRIDOR ON A STATE HIGHWAY LOCATED WITHIN THE4
BOUNDARIES OF A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY, AND5
BEFORE THE STATE BEGINS OPERATION OF AN AUTOMATED VEHICLE6
IDENTIFICATION CORRIDOR ON A STATE HIGHWAY , THE STATE SHALL7
COORDINATE WITH THE RESPECTIVE COUNTY , CITY AND COUNTY, OR8
MUNICIPALITY.9
(I.7) B
EFORE THE STATE, A COUNTY, CITY AND COUNTY, OR
10
MUNICIPALITY BEGINS OPERATION OF AN AUTOMATED VEHICLE11
IDENTIFICATION SYSTEM IN AN AUTOMATED VEHICLE IDENTIFICATION12
CORRIDOR, THE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY13
MUST:14
(A) P
OST A PERMANENT SIGN IN A CONSPICUOUS PLACE NOT FEWER
15
THAN THREE HUNDRED FEET BEFORE THE BEGINNING OF THE CORRIDOR;16
AND17
(B) POST A PERMANENT SIGN NOT FEWER THAN THREE HUNDRED18
FEET BEFORE EACH STATIC CAMERA WITHIN THE CORRIDOR THEREAFTER19
OR A TEMPORARY SIGN NOT FEWER THAN THREE HUNDRED FEET BEFORE20
ANY MOBILE CAMERA ; EXCEPT THAT, FOR AN AUTOMATED VEHICLE21
IDENTIFICATION CORRIDOR ON WHICH AN AUTOMATED VEHICLE22
IDENTIFICATION SYSTEM IS USED ON TRANSIT VEHICLES FOR THE PURPOSE23
OF DETECTING UNAUTHORIZED USE OF A TRANSIT -ONLY LANE, POST24
PERMANENT SIGNS AT ONE-HALF MILE OR MORE FREQUENT INTERVALS;25
AND 26
(B) I
LLUSTRATE, THROUGH DATA COLLECTED WITHIN THE PAST
27
195
-8- FIVE YEARS, INCIDENTS OF CRASHES, SPEEDING, RECKLESS DRIVING, OR1
COMMUNITY COMPLAINTS ON A STREET DESIGNATED AS AN AUTOMATED2
VEHICLE IDENTIFICATION CORRIDOR UNLESS THE AUTOMATED VEHICLE3
IDENTIFICATION SYSTEM WILL BE USED EXCLUSIVELY TO DETECT4
UNAUTHORIZED USAGE OF ONE OR MORE TRANSIT -ONLY LANES.5
(IV) T
HE STATE, a county, A CITY AND COUNTY, or A municipality
6
implementing an automated vehicle identification corridor pursuant to7
subsection (2)(g)(I) of this section shall publish a report on its website8
disclosing the number of citations and revenue generated by the9
automated vehicle identification corridor.10
(2.5)(a) THE STATE MAY USE AN AUTOMATED VEHICLE11
IDENTIFICATION SYSTEM ON ANY PORTION OF A STATE HIGHWAY . THE12
DEPARTMENT OF TRANSPORTATION MAY PROMULGATE RULES TO13
IMPLEMENT THE PROVISIONS OF THIS SECTION RELATING TO THE USE OF14
AUTOMATED VEHICLE IDENTIFICATION SYSTEMS BY THE DEPARTMENT OF15
TRANSPORTATION ON STATE HIGHWAYS AND PRIORITIZATION FOR THE USE16
OF AUTOMATED VEHICLE IDENTIFICATION SYSTEMS BY OTHER ENTITIES ON17
STATE HIGHWAYS, INCLUDING BUT NOT LIMITED TO RULES THAT :18
(I) S
PECIFY PRIORITIZATION CRITERIA THAT THE DEPARTMENT OF
19
TRANSPORTATION WILL USE TO DETERMINE WHICH ENTITY IS AUTHORIZED20
TO USE AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM IF MULTIPLE21
ENTITIES SEEK AUTHORIZATION TO USE AN AUTOMATED VEHICLE22
IDENTIFICATION SYSTEM ON THE SAME PORTION OF A STATE HIGHWAY .23
T
HE CRITERIA MUST SPECIFY THAT THE DEPARTMENT OF TRANSPORTATION
24
MUST GIVE PREFERENCE TO AN ENTITY THAT HAS THE PRIMARY25
RESPONSIBILITY FOR REGULATION AND ENFORCEMENT OF TRAFFIC26
RESTRICTIONS ON THE PORTION OF A STATE HIGHWAY ON WHICH AN27
195
-9- AUTOMATED VEHICLE IDENTIFICATION SYSTEM IS TO BE USED .1
(II) SPECIFY, CONSISTENT WITH THE REQUIREMENTS OF2
SUBSECTION (2)(a) OF THIS SECTION, THE PROCESS THAT THE STATE WILL3
USE TO NOTIFY A COUNTY, CITY AND COUNTY, OR MUNICIPALITY THAT THE4
STATE WILL BE USING AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM5
WITHIN ITS JURISDICTION AND THE ADMINISTRATIVE AND ENFORCEMENT6
PROCESS THAT THE DEPARTMENT OF TRANSPORTATION WILL USE TO7
ADMINISTER, HEAR, AND RESOLVE A TRAFFIC VIOLATION DETECTED8
THROUGH THE USE BY THE DEPARTMENT OF TRANSPORTATION OF AN9
AUTOMATED VEHICLE IDENTIFICATION SYSTEM ;10
(III) ESTABLISH, SUBJECT TO THE CAPS SET FORTH IN SUBSECTIONS11
(4)(b)
AND (4.5) OF THIS SECTION AND ANY OTHER PROVISION OF LAW, THE12
AMOUNT OF CIVIL PENALTIES IMPOSED FOR TRAFFIC VIOLATIONS DETECTED13
THROUGH THE USE BY THE DEPARTMENT OF TRANSPORTATION OF AN14
AUTOMATED VEHICLE IDENTIFICATION SYSTEM ;
15
(IV) E
STABLISH AN ADMINISTRATIVE HEARING PROCESS THAT
16
COMPLIES WITH SUBSECTIONS (2)(a)(IV) THROUGH (2)(a)(VIII) OF THIS17
SECTION, INCLUDING THE ABILITY TO RETAIN AND CONTRACT WITH18
IMPARTIAL HEARING OFFICERS AND THE ABILITY FOR IMPARTIAL HEARING19
OFFICERS TO ISSUE FINAL ORDERS REQUIRED BY SUBSECTION 2(a)(VII) OF20
THIS SECTION; AND21
(V) P
ROVIDE, CONSISTENT WITH THIS SECTION, ANY ADDITIONAL22
REQUIREMENTS, GUIDANCE, OR CLARIFICATION THAT THE DEPARTMENT OF23
TRANSPORTATION DEEMS NECESSARY OR APPROPRIATE TO IMPLEMENT24
THIS SECTION.25
(b) I
T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE26
DEPARTMENT OF TRANSPORTATION CONSULT WITH THE COLORADO STATE27
195
-10- PATROL WHEN PROMULGATING RULES RELATING TO THE USE OF1
AUTOMATED VEHICLE IDENTIFICATION SYSTEMS AND BEFORE2
AUTHORIZING THE USE OF AN AUTOMATED VEHICLE IDENTIFICATION3
SYSTEM BY THE STATE OR A COUNTY , A CITY AND COUNTY , OR A4
MUNICIPALITY ON ANY PORTION OF A STATE HIGHWAY . IT IS ALSO THE5
INTENT OF THE GENERAL ASSEMBLY THAT THE DEPARTMENT OF6
TRANSPORTATION CONSULT WITH COUNTIES , CITY AND COUNTIES, AND7
MUNICIPALITIES WHEN PROMULGATING RULES RELATING TO THE USE OF8
AUTOMATED VEHICLE IDENTIFICATION SYSTEMS .9
(c) T
HE PROVISIONS OF THIS SUBSECTION (2.5) DO NOT APPLY TO
10
AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON A STATE HIGHWAY11
THAT A COUNTY, CITY AND COUNTY, OR MUNICIPALITY HAS IMPLEMENTED12
OR DESIGNATED BY ORDINANCE OR RESOLUTION BEFORE JANUARY 1, 2025,13
OR BEFORE THE DEPARTMENT OF TRANSPORTATION ADOPTS RULES14
PURSUANT TO SUBSECTION (2.5)(a) OF THIS SECTION, WHICHEVER OCCURS15
LATER. THIS SUBSECTION (2.5) DOES NOT REQUIRE A COUNTY, CITY AND16
COUNTY, OR MUNICIPALITY TO REMOVE OR STOP THE IMPLEMENTATION OF17
AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM THAT WAS PLACED ON18
ANY PORTION OF A STATE HIGHWAY OR DESIGNATED BY ORDINANCE OR19
RESOLUTION BEFORE JANUARY 1, 2025, OR BEFORE THE DEPARTMENT OF20
TRANSPORTATION ADOPTS RULES PURSUANT TO SUBSECTION (2.5)(a) OF21
THIS SECTION, WHICHEVER OCCURS LATER.22
23
(III) Subsection (4)(b)(I) of this section does not apply within a24
maintenance, construction, or repair zone designated pursuant to section25
42-4-614
OR A SCHOOL ZONE, AS DEFINED IN SECTION 42-4-615 (2).26
(4.5) (a) If the state, a county, a city and county, or a municipality27
195
-11- detects a violation of a county, CITY AND COUNTY, or municipal traffic1
regulation or traffic violation under state law for disobedience to a traffic2
control signal through the use of an automated vehicle identification3
system, the maximum civil penalty that the state, a county, a city and4
county, or a municipality may impose for such violation, including any5
surcharge, is seventy-five dollars.6
(b) S
UBSECTION (4.5)(a) OF THIS SECTION DOES NOT APPLY WITHIN7
A MAINTENANCE, CONSTRUCTION, OR REPAIR ZONE DESIGNATED8
PURSUANT TO SECTION 42-4-614 OR A SCHOOL ZONE, AS DEFINED IN9
SECTION 42-4-615 (2).10
(6) (a) As used in this section, the term "automated vehicle
11
identification system" means a system whereby:12
(I) A machine is used to automatically detect a violation of a13
traffic regulation and simultaneously record a photograph of the vehicle,14
the operator of the vehicle, and the license plate of the vehicle; and15
(II) A notice of violation or civil penalty assessment notice may16
be issued to the registered owner of the motor vehicle.17
(b) "Automated vehicle identification system" includes a system18
used to detect a violation of part 11 of this article 4 or a local speed19
ordinance, a system used to detect violations of traffic restrictions20
imposed by traffic signals or traffic signs, and a system used to detect21
violations of bus lane or bicycle lane restrictions.22
(8) N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE23
AGGREGATE AMOUNT OF REVENUE , EXCLUSIVE OF COURT AND24
OPERATIONS COSTS, COLLECTED BY THE STATE AS CIVIL PENALTIES FOR25
VIOLATIONS DETECTED BY AUTOMATED VEHICLE IDENTIFICATION SYSTEMS26
MUST BE CREDITED TO THE STATE HIGHWAY FUND AND USED BY THE27
195
-12- DEPARTMENT ONLY TO FUND ROAD SAFETY PROJECTS , AS DEFINED IN1
SECTION 43-4-803 (21), OF THE TYPE DESCRIBED IN SECTION 43-4-8032
(21)(b). THE DEPARTMENT SHALL PRIORITIZE FUNDING TO THOSE ROAD3
SAFETY PROJECTS WITH THE HIGHEST POTENTIAL TO REDUCE VULNERABLE4
ROAD USER INJURIES AND FATALITIES WHILE TAKING INTO ACCOUNT THE5
PLANNING CAPACITY OF EACH REGION .6
SECTION 2. In Colorado Revised Statutes, add 43-1-132 as7
follows:8
43-1-132. Vulnerable road user fatality reduction targets -9
requirements. (1) A
S PART OF ITS EFFORT TO REDUCE FATALITIES FOR10
VULNERABLE ROAD USERS , AS DEFINED IN SECTION 43-4-803 (29), THE11
DEPARTMENT SHALL ESTABLISH DECLINING ANNUAL TARGETS FOR12
VULNERABLE ROAD USER FATALITIES
AND SERIOUS BODILY INJURIES AS13
PART OF ITS PERFORMANCE PLAN REQUIRED BY SECTION 2-7-204 (3).14
(2) A
S PART OF THE TARGETS ESTABLISHED IN SUBSECTION (1) OF15
THIS SECTION, THE DEPARTMENT SHALL ESTABLISH ENGINEERING16
METHODOLOGY AND INTERNAL EDUCATION REQUIREMENTS FOR PRACTICES17
TO PRIORITIZE SAFETY OVER SPEED ON HIGH-INJURY NETWORKS.18
SECTION 3. In Colorado Revised Statutes, 43-4-206, amend (3)19
as follows:20
43-4-206. State allocation. (3) The revenue credited
ALLOCATED21
to the highway users tax fund STATE HIGHWAY FUND pursuant to section22
SECTIONS 43-4-205 (6.3) AND 43-4-205 (6)(b)(I) shall MUST be expended23
by the department of transportation only for road safety projects, as24
defined in section 43-4-803 (21); except that the department shall, in25
furtherance of its duty to supervise state highways and as a consequence26
in compliance with section 43-4-810:27
195
-13- (a) Expend ten million dollars per year of the revenues REVENUE1
for the planning, designing, engineering, acquisition, installation,2
construction, repair, reconstruction, maintenance, operation, or3
administration of transit-related projects, including, but not limited to,4
designated bicycle or pedestrian lanes of highway,
CROSSING
5
IMPROVEMENTS, and infrastructure needed to integrate different6
transportation modes within a multimodal transportation system that7
enhance the safety of state highways for transit users;
AND8
(b) (I) A
LLOCATE,
FOR STATE FISCAL YEAR 2025-26 AND EACH9
SUCCEEDING STATE FISCAL YEAR , AFTER ACCOUNTING FOR CRITICAL10
SAFETY-RELATED ASSET MANAGEMENT SURFACE TRANSPORTATION11
INFRASTRUCTURE PROJECTS ELIGIBLE FOR FUNDING PURSUANT TO SECTION12
43-4-803 (21)(a)
AND AS DETERMINED BY THE TRANSPORTATION13
COMMISSION, AT LEAST TEN PERCENT OF THE REMAINING REVENUE BUT NO14
LESS THAN SEVEN MILLION DOLLARS , AS ADJUSTED PURSUANT TO15
SUBSECTION (3)(b)(II) OF THIS SECTION FOR STATE FISCAL YEAR 2026-2716
AND EACH SUCCEEDING STATE FISCAL YEAR , FOR THE TYPES OF ROAD17
SAFETY PROJECTS DESCRIBED IN SECTION 43-4-803 (21)(b).18
(II) F
OR STATE FISCAL YEAR 2026-27 AND EACH SUCCEEDING19
STATE FISCAL YEAR, THE MINIMUM DOLLAR AMOUNT OF ALLOCATION
20
REQUIRED BY SUBSECTION (3)(b)(I) OF THIS SECTION IS SEVEN MILLION21
DOLLARS, ADJUSTED FOR THE CUMULATIVE PERCENTAGE CHANGE IN THE22
AMOUNT OF REVENUE ACTUALLY CREDITED TO THE STATE HIGHWAY FUND23
PURSUANT TO SECTION 43-4-205 (6.3) FROM STATE FISCAL YEAR 2024-2524
THROUGH THE PRIOR STATE FISCAL YEAR .25
SECTION 4. In Colorado Revised Statutes, 43-4-803, amend26
(21); and add (29) as follows:27
195
-14- 43-4-803. Definitions. As used in this part 8, unless the context1
otherwise requires:2
(21) "Road safety project" means:3
(a) A construction, reconstruction, or maintenance project that the4
commission determines is needed to enhance the safety of a state5
highway, a county determines is needed to enhance the safety of a county6
road, or a municipality determines is needed to enhance the safety of a7
city street;
OR8
(b) A
PROJECT THAT IMPROVES TRANSPORTATION SYSTEM9
INFRASTRUCTURE OR OTHERWISE IMPLEMENTS DATA -DRIVEN STRATEGIES10
THAT REDUCE THE NUMBER OF COLLISIONS WITH MOTOR VEHICLES THAT11
RESULT IN DEATH OR SERIOUS INJURY TO VULNERABLE ROAD USERS .12
E
LIGIBLE PROJECTS INCLUDE, BUT ARE NOT LIMITED TO, PROJECTS THAT13
MEET OR EXCEED THE DEPARTMENT 'S COST-TO-BENEFIT RATIO FOR SAFETY14
PROJECTS AND:15
(I) S
EPARATE USERS IN SPACE, SUCH AS SEPARATED BIKE LANES,16
WALKWAYS, CROSSING IMPROVEMENTS ,
AND PEDESTRIAN REFUGE17
ISLANDS; OR18
(II) I
NCREASE ATTENTIVENESS AND AWARENESS , SUCH AS19
CROSSWALK VISIBILITY ENHANCEMENTS , PEDESTRIAN HYBRID BEACONS,20
AND LIGHTING.21
(29) "V
ULNERABLE ROAD USER" MEANS A NONMOTORIST WITH A
22
FATALITY ANALYSIS REPORTING SYSTEM PERSON ATTRIBUTE CODE FOR A23
PEDESTRIAN, BICYCLIST, OTHER CYCLIST, AND A PERSON ON A PERSONAL24
CONVEYANCE OR AN INJURED PERSON THAT IS , OR IS EQUIVALENT TO, A25
PEDESTRIAN OR PEDAL CYCLIST AS DEFINED IN THE ANSI D16.1-2007 IN26
ACCORDANCE WITH 23 U.S.C. SEC. 148(a)(15) AND 23 CFR 490.205.27
195
-15- "VULNERABLE ROAD USER " DOES NOT INCLUDE A MOTOR CYCLIST BUT1
DOES INCLUDE:2
(a) A
N INDIVIDUAL WHO IS WALKING, BIKING, OR ROLLING;
3
(b) A
HIGHWAY WORKER ON FOOT IN A WORK ZONE , GIVEN THEY
4
ARE CONSIDERED A PEDESTRIAN.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
195
-16-