8 | | - | ONCERNING PROTECTION OF VULNERABLE ROAD USERS . |
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9 | | - | |
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10 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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11 | | - | SECTION 1. In Colorado Revised Statutes, 42-4-110.5, amend (2) |
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12 | | - | introductory portion, (2)(g)(I), (2)(g)(IV), (4)(b)(III), and (4.5); repeal |
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13 | | - | (1.7), and (6); and add (1.1), (2)(a)(X), (2)(g)(I.3), (2)(g)(I.4), (2)(g)(I.5), |
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14 | | - | (2)(g)(I.6), (2)(g)(I.7), (2.5), and (8) as follows: |
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15 | | - | 42-4-110.5. Automated vehicle identification systems - |
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16 | | - | exceptions to liability - penalty - limits on use of photographs and video |
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17 | | - | - rules - legislative declaration - definitions. (1.1) A |
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18 | | - | S USED IN THIS |
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19 | | - | SECTION |
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20 | | - | , UNLESS THE CONTEXT OTHERWISE REQUIRES : |
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| 13 | + | ONCERNING PROTECTION OF VULNERABLE ROAD USERS .101 |
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| 14 | + | Bill Summary |
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| 15 | + | (Note: This summary applies to this bill as introduced and does |
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| 16 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 17 | + | passes third reading in the house of introduction, a bill summary that |
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| 18 | + | applies to the reengrossed version of this bill will be available at |
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| 19 | + | http://leg.colorado.gov |
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| 20 | + | .) |
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| 21 | + | Section 1 of the bill amends the statute that governs the use of |
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| 22 | + | automated vehicle identification systems (AVIS) on roadways other than |
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| 23 | + | toll highways operated by a public highway authority or the |
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| 24 | + | high-performance transportation enterprise in the department of |
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| 25 | + | transportation (CDOT) to: |
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| 26 | + | ! Clarify that CDOT and the Colorado state patrol (CSP) |
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| 27 | + | have authority to use AVIS to detect traffic violations on |
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| 28 | + | any portion of a highway that is part of the state highway |
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| 29 | + | HOUSE |
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| 30 | + | 3rd Reading Unamended |
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| 31 | + | May 5, 2024 |
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| 32 | + | HOUSE |
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| 33 | + | Amended 2nd Reading |
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| 34 | + | May 4, 2024 |
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| 35 | + | SENATE |
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| 36 | + | 3rd Reading Unamended |
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| 37 | + | April 23, 2024 |
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| 38 | + | SENATE |
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| 39 | + | Amended 2nd Reading |
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| 40 | + | April 22, 2024 |
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| 41 | + | SENATE SPONSORSHIP |
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| 42 | + | Winter F. and Cutter, Kolker, Michaelson Jenet, Priola |
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| 43 | + | HOUSE SPONSORSHIP |
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| 44 | + | Lindsay and Lindstedt, Boesenecker, Brown, Duran, Froelich, Jodeh, Kipp, Lieder, |
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| 45 | + | Mauro, McCluskie, Parenti, Sirota, Titone, Valdez, Vigil, Woodrow |
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| 46 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 47 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 48 | + | Dashes through the words or numbers indicate deletions from existing law. system (state highway), which generally includes federal |
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| 49 | + | interstate highways, U.S. highways, highways that are not |
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| 50 | + | part of any federal system but are declared by the |
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| 51 | + | transportation commission to be part of the state highway |
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| 52 | + | system, and other federal-aid highways; |
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| 53 | + | ! Clarify that the state has final authority to authorize the use |
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| 54 | + | of AVIS by a local government on a state highway; and |
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| 55 | + | ! Authorize CDOT, in consultation with the CSP, to |
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| 56 | + | promulgate rules, including rules governing the process by |
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| 57 | + | which use of AVIS is approved or disapproved, rules |
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| 58 | + | governing the AVIS enforcement process, and rules setting |
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| 59 | + | the amount of civil penalties, including increased civil |
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| 60 | + | penalties for traffic violations detected by AVIS that occur |
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| 61 | + | in work zones or school zones, for traffic violation detected |
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| 62 | + | by AVIS used by the state. |
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| 63 | + | Section 1 also: |
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| 64 | + | ! Requires a local government to coordinate with CDOT and |
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| 65 | + | the Colorado state patrol both before designating an AVIS |
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| 66 | + | corridor on a state highway and before actually using AVIS |
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| 67 | + | on a state highway rather than only before actually using |
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| 68 | + | AVIS; and |
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| 69 | + | ! Requires civil penalties collected by the state for traffic |
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| 70 | + | violations detected by AVIS, net of court and operations |
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| 71 | + | costs, to be credited to the state highway fund and used |
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| 72 | + | only to fund road safety projects that protect vulnerable |
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| 73 | + | road users. |
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| 74 | + | Section 2 requires CDOT to establish and include in its statutorily |
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| 75 | + | required performance plan declining annual targets for vulnerable road |
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| 76 | + | user fatalities and, as part of the targets, also establish engineering |
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| 77 | + | methodology and internal education requirements for practices to |
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| 78 | + | prioritize safety over speed on high-injury networks. |
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| 79 | + | For state fiscal year 2025-26 and each succeeding state fiscal year, |
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| 80 | + | section 3 requires CDOT, after accounting for eligible critical |
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| 81 | + | safety-related asset management surface transportation infrastructure |
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| 82 | + | projects and as determined by the transportation commission, to expend |
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| 83 | + | a specified minimum amount of the money credited to the state highway |
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| 84 | + | fund from the road safety surcharge and certain other fees, fines, and |
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| 85 | + | surcharges that are imposed on motor vehicle registrations and dedicated |
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| 86 | + | for certain types of road safety projects that protect vulnerable road users. |
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| 87 | + | To guide CDOT in implementing sections 2 and 3, section 4 |
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| 88 | + | amends an existing definition of "road safety project" to include certain |
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| 89 | + | types of projects that protect vulnerable road users and defines the term |
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| 90 | + | "vulnerable road user". |
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| 91 | + | 195-2- Be it enacted by the General Assembly of the State of Colorado:1 |
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| 92 | + | SECTION 1. In Colorado Revised Statutes, 42-4-110.5, amend2 |
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| 93 | + | (2) introductory portion, (2)(g)(I), (2)(g)(IV), (4)(b)(III), and (4.5); repeal3 |
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| 94 | + | (1.7), and (6); and add (1.1), (2)(a)(X), (2)(g)(I.3), (2)(g)(I.4), (2)(g)(I.5),4 |
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| 95 | + | (2)(g)(I.6), (2)(g)(I.7), (2.5), and (8) as follows:5 |
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| 96 | + | 42-4-110.5. Automated vehicle identification systems -6 |
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| 97 | + | exceptions to liability - penalty - limits on use of photographs and7 |
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| 98 | + | video - rules - legislative declaration - definitions. (1.1) A |
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| 99 | + | S USED IN8 |
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| 100 | + | THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :9 |
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51 | | - | TATE", NOTWITHSTANDING SECTION 42-1-102 (95), MEANS THE |
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52 | | - | STATE OF |
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53 | | - | COLORADO ACTING THROUGH THE COLORADO STATE PATROL IN |
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54 | | - | THE DEPARTMENT OF PUBLIC SAFETY OR THE DEPARTMENT OF |
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55 | | - | TRANSPORTATION |
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56 | | - | . |
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57 | | - | (c) "S |
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58 | | - | TATE HIGHWAY" MEANS ANY HIGHWAY THAT IS OWNED BY OR |
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59 | | - | MAINTAINED BY THE STATE |
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60 | | - | . "STATE HIGHWAY" DOES NOT INCLUDE A PUBLIC |
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61 | | - | HIGHWAY OPERATED BY A PUBLIC HIGHWAY AUTHORITY IN ACCORDANCE |
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62 | | - | WITH THE |
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63 | | - | "PUBLIC HIGHWAY AUTHORITY LAW", PART 5 OF ARTICLE 4 OF |
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64 | | - | TITLE |
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65 | | - | 43. |
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66 | | - | (1.7) (a) (I) Upon request from the department of transportation, the |
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67 | | - | department of public safety shall utilize an automated vehicle identification |
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68 | | - | system to detect speeding violations under part 11 of this article 4 within a |
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69 | | - | highway maintenance, repair, or construction zone designated pursuant to |
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70 | | - | section 42-4-614 (1)(a), if the department of public safety complies with |
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71 | | - | subsections (2) to (6) of this section. An automated vehicle identification |
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72 | | - | system shall not be used under this subsection (1.7) unless maintenance, |
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73 | | - | repair, or construction is occurring at the time the system is being used. |
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74 | | - | (II) The department of public safety may contract with a vendor to |
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75 | | - | implement this subsection (1.7), including to: |
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76 | | - | (A) Notify violators; |
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77 | | - | PAGE 2-SENATE BILL 24-195 (B) Collect and remit the penalties and surcharges to the state |
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78 | | - | treasury less the vendor's expenses; |
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79 | | - | (C) Reconcile payments against outstanding violations; |
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80 | | - | (D) Implement collection efforts; and |
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81 | | - | (E) Notify the department of public safety of unpaid violations for |
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82 | | - | possible referral to the judicial system. |
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83 | | - | (III) If the department of public safety contracts with a vendor, the |
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84 | | - | contract must incorporate the processing elements specified by the |
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85 | | - | department of public safety. |
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86 | | - | (IV) No notice of violation or civil penalty assessment or a penalty |
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87 | | - | or surcharge for a violation detected by an automated vehicle identification |
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88 | | - | system under this subsection (1.7) shall be forwarded to the department for |
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89 | | - | processing. |
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90 | | - | (b) The department of transportation shall reimburse the department |
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91 | | - | of public safety for the direct and indirect costs of complying with this |
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92 | | - | subsection (1.7). |
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93 | | - | (2) A county, CITY AND COUNTY, or municipality may adopt an |
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94 | | - | ordinance authorizing the use of an automated vehicle identification system |
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95 | | - | to detect violations of traffic regulations adopted by the county, |
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96 | | - | CITY AND |
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97 | | - | COUNTY |
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98 | | - | , or municipality, or the state, a county, a city and county, or a |
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99 | | - | municipality may utilize an automated vehicle identification system to |
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100 | | - | detect traffic violations under state law, subject to the following conditions |
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101 | | - | and limitations |
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102 | | - | AND, AS APPLICABLE, THE REQUIREMENTS FOR STATE |
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103 | | - | HIGHWAYS SET FORTH IN AND ANY RULES ADOPTED BY THE DEPARTMENT OF |
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104 | | - | TRANSPORTATION PURSUANT TO SUBSECTION |
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105 | | - | (2.5) OF THIS SECTION: |
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106 | | - | (a) (X) I |
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107 | | - | F THE REGISTERED OWNER OF A MOTOR VEHICLE INVOLVED |
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108 | | - | IN A TRAFFIC VIOLATION UNDER STATE LAW OR UNDER TRAFFIC |
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109 | | - | REGULATIONS ADOPTED BY A COUNTY |
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110 | | - | , CITY AND COUNTY, OR MUNICIPALITY |
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111 | | - | IS ENGAGED IN THE BUSINESS OF LEASING OR RENTING MOTOR VEHICLES |
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112 | | - | , THE |
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113 | | - | REGISTERED OWNER REMAINS LIABLE FOR PAYMENT OF THE CIVIL PENALTY |
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114 | | - | EVEN IF THE REGISTERED OWNER WAS NOT DRIVING THE MOTOR VEHICLE BUT |
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115 | | - | MAY OBTAIN PAYMENT FROM THE LESSOR OR RENTER OF THE MOTOR |
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116 | | - | PAGE 3-SENATE BILL 24-195 VEHICLE AND FORWARD THE PAYMENT TO THE STATE OR THE COUNTY , CITY |
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117 | | - | AND COUNTY |
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118 | | - | , OR MUNICIPALITY IMPOSING THE CIVIL PENALTY . |
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119 | | - | (g) (I) The state, a county, a city and county, or a municipality shall |
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120 | | - | not issue a notice of violation or civil penalty assessment notice for a |
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121 | | - | violation detected using an automated vehicle identification system unless |
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122 | | - | the violation occurred within a school zone, as defined in section 42-4-615; |
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123 | | - | within a residential neighborhood; within a maintenance, construction, or |
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124 | | - | repair zone designated pursuant to section 42-4-614; along a street that |
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125 | | - | borders a municipal park; or along a street or portion of a street that a |
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126 | | - | county, |
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127 | | - | CITY AND COUNTY, or municipality, by ordinance or by a resolution |
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128 | | - | of its governing body, designates as an automated vehicle identification |
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129 | | - | corridor, on which designated corridor the county, |
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130 | | - | CITY AND COUNTY, or |
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131 | | - | municipality may locate an automated vehicle identification system to detect |
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132 | | - | violations of a county, |
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133 | | - | CITY AND COUNTY, or municipal traffic regulation or |
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134 | | - | a traffic violation under state law. Before a county or municipality begins |
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135 | | - | operation of an automated vehicle identification system in an automated |
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136 | | - | vehicle identification corridor, the county or municipality must: |
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137 | | - | (A) Post a permanent sign in a conspicuous place not fewer than |
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138 | | - | three hundred feet before the beginning of the corridor and a permanent |
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139 | | - | sign not fewer than three hundred feet before each camera within the |
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140 | | - | corridor thereafter or a temporary sign not fewer than three hundred feet |
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141 | | - | before any mobile camera; |
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142 | | - | (B) Illustrate, through data collected within the past five years, |
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143 | | - | incidents of crashes, speeding, reckless driving, or community complaints |
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144 | | - | on a street designated as an automated vehicle identification corridor; and |
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145 | | - | (C) Coordinate between the local jurisdiction, the department of |
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146 | | - | transportation, and the Colorado state patrol. |
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147 | | - | (I.3) BEFORE A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY |
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148 | | - | DESIGNATES AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A |
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149 | | - | STATE HIGHWAY |
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150 | | - | , THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL |
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151 | | - | NOTIFY THE DEPARTMENT OF TRANSPORTATION |
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152 | | - | . IF A COUNTY, CITY AND |
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153 | | - | COUNTY |
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154 | | - | , OR MUNICIPALITY DESIGNATES AN AUTOMATED VEHICLE |
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155 | | - | IDENTIFICATION CORRIDOR ON A STATE HIGHWAY BY ORDINANCE OR |
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156 | | - | RESOLUTION BEFORE |
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157 | | - | JANUARY 1, 2025, IT MAY PROCEED WITHOUT HAVING |
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158 | | - | PROVIDED THIS NOTIFICATION TO THE DEPARTMENT OF TRANSPORTATION |
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159 | | - | . |
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160 | | - | PAGE 4-SENATE BILL 24-195 (I.4) AFTER A COUNTY, CITY AND COUNTY, OR A MUNICIPALITY |
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161 | | - | DESIGNATES AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A |
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162 | | - | STATE HIGHWAY |
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163 | | - | , THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL |
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164 | | - | COORDINATE WITH THE DEPARTMENT OF TRANSPORTATION |
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165 | | - | . COORDINATION |
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166 | | - | MUST INCLUDE DEMONSTRATING THAT THE REQUIREMENTS SET FORTH IN |
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167 | | - | SUBSECTION |
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168 | | - | (2)(g)(I.7)(B) OF THIS SECTION HAVE BEEN MET AND , IF |
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169 | | - | NEEDED |
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170 | | - | , APPLYING FOR A SPECIAL USE PERMIT TO INSTALL ANY DEVICES OR |
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171 | | - | SIGNAGE ON DEPARTMENT OF TRANSPORTATION RIGHT |
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172 | | - | -OF-WAY IF THE |
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173 | | - | SEGMENT OF HIGHWAY IN QUESTION IS MAINTAINED BY THE STATE |
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174 | | - | . A |
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175 | | - | COUNTY, CITY AND COUNTY , OR MUNICIPALITY SHALL ALERT THE |
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176 | | - | DEPARTMENT OF TRANSPORTATION WHEN THE AUTOMATED VEHICLE |
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177 | | - | IDENTIFICATION CORRIDOR BEGINS OPERATIONS OR PERMANENTLY CEASES |
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178 | | - | OPERATIONS ON A STATE HIGHWAY |
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179 | | - | . THE DEPARTMENT OF TRANSPORTATION |
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180 | | - | SHALL NOTIFY THE |
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181 | | - | COLORADO STATE PATROL WHEN A COUNTY , CITY AND |
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182 | | - | COUNTY |
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183 | | - | , OR MUNICIPALITY COORDINATES WITH THE DEPARTMENT OF |
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184 | | - | TRANSPORTATION TO ESTABLISH AN AUTOMATED VEHICLE IDENTIFICATION |
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185 | | - | CORRIDOR ON A STATE HIGHWAY |
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186 | | - | . |
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| 121 | + | TATE", NOTWITHSTANDING SECTION 42-1-102 (95), MEANS24 |
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| 122 | + | THE STATE OF COLORADO ACTING THROUGH |
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| 123 | + | THE COLORADO STATE25 |
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| 124 | + | PATROL IN THE DEPARTMENT OF PUBLIC SAFETY OR THE DEPARTMENT OF26 |
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| 125 | + | TRANSPORTATION.27 |
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| 126 | + | 195 |
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| 127 | + | -3- (c) "STATE HIGHWAY" MEANS ANY HIGHWAY THAT IS OWNED BY1 |
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| 128 | + | OR MAINTAINED BY THE STATE. "STATE HIGHWAY" DOES NOT INCLUDE A2 |
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| 129 | + | PUBLIC HIGHWAY OPERATED BY A PUBLIC HIGHWAY AUTHORITY IN3 |
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| 130 | + | ACCORDANCE WITH THE "PUBLIC HIGHWAY AUTHORITY LAW", PART 5 OF4 |
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| 131 | + | ARTICLE 4 OF TITLE 43.5 |
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| 132 | + | (1.7) (a) (I) Upon request from the department of transportation,6 |
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| 133 | + | the department of public safety shall utilize an automated vehicle7 |
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| 134 | + | identification system to detect speeding violations under part 11 of this8 |
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| 135 | + | article 4 within a highway maintenance, repair, or construction zone9 |
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| 136 | + | designated pursuant to section 42-4-614 (1)(a), if the department of public10 |
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| 137 | + | safety complies with subsections (2) to (6) of this section. An automated11 |
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| 138 | + | vehicle identification system shall not be used under this subsection (1.7)12 |
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| 139 | + | unless maintenance, repair, or construction is occurring at the time the13 |
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| 140 | + | system is being used.14 |
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| 141 | + | (II) The department of public safety may contract with a vendor15 |
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| 142 | + | to implement this subsection (1.7), including to:16 |
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| 143 | + | (A) Notify violators;17 |
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| 144 | + | (B) Collect and remit the penalties and surcharges to the state18 |
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| 145 | + | treasury less the vendor's expenses;19 |
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| 146 | + | (C) Reconcile payments against outstanding violations;20 |
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| 147 | + | (D) Implement collection efforts; and21 |
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| 148 | + | (E) Notify the department of public safety of unpaid violations for22 |
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| 149 | + | possible referral to the judicial system.23 |
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| 150 | + | (III) If the department of public safety contracts with a vendor, the24 |
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| 151 | + | contract must incorporate the processing elements specified by the25 |
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| 152 | + | department of public safety.26 |
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| 153 | + | (IV) No notice of violation or civil penalty assessment or a penalty27 |
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| 154 | + | 195 |
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| 155 | + | -4- or surcharge for a violation detected by an automated vehicle1 |
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| 156 | + | identification system under this subsection (1.7) shall be forwarded to the2 |
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| 157 | + | department for processing.3 |
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| 158 | + | (b) The department of transportation shall reimburse the4 |
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| 159 | + | department of public safety for the direct and indirect costs of complying5 |
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| 160 | + | with this subsection (1.7).6 |
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| 161 | + | (2) A county, |
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| 162 | + | CITY AND COUNTY, |
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| 163 | + | or municipality may adopt an7 |
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| 164 | + | ordinance authorizing the use of an automated vehicle identification8 |
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| 165 | + | system to detect violations of traffic regulations adopted by the county,9 |
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| 166 | + | CITY AND COUNTY, or municipality, or the state, a county, a city and10 |
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| 167 | + | county, or a municipality may utilize an automated vehicle identification11 |
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| 168 | + | system to detect traffic violations under state law, subject to the following12 |
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| 169 | + | conditions and limitations |
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| 170 | + | AND, AS APPLICABLE, THE REQUIREMENTS FOR13 |
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| 171 | + | STATE HIGHWAYS SET FORTH IN AND ANY RULES ADOPTED BY THE14 |
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| 172 | + | DEPARTMENT OF TRANSPORTATION PURSUANT TO SUBSECTION (2.5) OF15 |
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| 173 | + | THIS SECTION:16 |
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| 174 | + | (a) (X) IF THE REGISTERED OWNER OF A MOTOR VEHICLE INVOLVED17 |
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| 175 | + | IN A TRAFFIC VIOLATION UNDER STATE LAW OR UNDER TRAFFIC18 |
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| 176 | + | REGULATIONS ADOPTED BY A COUNTY, CITY AND COUNTY, OR19 |
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| 177 | + | MUNICIPALITY IS ENGAGED IN THE BUSINESS OF LEASING OR RENTING20 |
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| 178 | + | MOTOR VEHICLES, THE REGISTERED OWNER REMAINS LIABLE FOR PAYMENT21 |
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| 179 | + | OF THE CIVIL PENALTY EVEN IF THE REGISTERED OWNER WAS NOT DRIVING22 |
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| 180 | + | THE MOTOR VEHICLE BUT MAY OBTAIN PAYMENT FROM THE LESSOR OR23 |
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| 181 | + | RENTER OF THE MOTOR VEHICLE AND FORWARD THE PAYMENT TO THE24 |
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| 182 | + | STATE OR THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY IMPOSING25 |
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| 183 | + | THE CIVIL PENALTY.26 |
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| 184 | + | (g) (I) The state, a county, a city and county, or a municipality27 |
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| 185 | + | 195 |
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| 186 | + | -5- shall not issue a notice of violation or civil penalty assessment notice for1 |
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| 187 | + | a violation detected using an automated vehicle identification system2 |
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| 188 | + | unless the violation occurred within a school zone, as defined in section3 |
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| 189 | + | 42-4-615; within a residential neighborhood; within a maintenance,4 |
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| 190 | + | construction, or repair zone designated pursuant to section 42-4-614;5 |
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| 191 | + | along a street that borders a municipal park; or along a street or portion6 |
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| 192 | + | of a street that a county, |
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| 193 | + | CITY AND COUNTY, |
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| 194 | + | or municipality, by ordinance7 |
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| 195 | + | or by a resolution of its governing body, designates as an automated8 |
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| 196 | + | vehicle identification corridor, on which designated corridor the county,9 |
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| 197 | + | CITY AND COUNTY, or municipality may locate an automated vehicle10 |
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| 198 | + | identification system to detect violations of a county, |
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| 199 | + | CITY AND COUNTY, |
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| 200 | + | 11 |
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| 201 | + | or municipal traffic regulation or a traffic violation under state law.12 |
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| 202 | + | Before a county or municipality begins operation of an automated vehicle13 |
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| 203 | + | identification system in an automated vehicle identification corridor, the14 |
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| 204 | + | county or municipality must:15 |
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| 205 | + | (A) Post a permanent sign in a conspicuous place not fewer than16 |
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| 206 | + | three hundred feet before the beginning of the corridor and a permanent17 |
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| 207 | + | sign not fewer than three hundred feet before each camera within the18 |
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| 208 | + | corridor thereafter or a temporary sign not fewer than three hundred feet19 |
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| 209 | + | before any mobile camera;20 |
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| 210 | + | (B) Illustrate, through data collected within the past five years,21 |
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| 211 | + | incidents of crashes, speeding, reckless driving, or community complaints22 |
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| 212 | + | on a street designated as an automated vehicle identification corridor; and23 |
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| 213 | + | (C) Coordinate between the local jurisdiction, the department of24 |
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| 214 | + | transportation, and the Colorado state patrol.25 |
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| 215 | + | (I.3) B |
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| 216 | + | EFORE A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY |
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| 217 | + | 26 |
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| 218 | + | DESIGNATES AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A27 |
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| 219 | + | 195 |
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| 220 | + | -6- STATE HIGHWAY, THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY1 |
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| 221 | + | SHALL NOTIFY THE DEPARTMENT OF TRANSPORTATION . IF A COUNTY, CITY2 |
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| 222 | + | AND COUNTY, OR MUNICIPALITY DESIGNATES AN AUTOMATED VEHICLE3 |
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| 223 | + | IDENTIFICATION CORRIDOR ON A STATE HIGHWAY BY ORDINANCE OR4 |
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| 224 | + | RESOLUTION BEFORE JANUARY 1, 2025, IT MAY PROCEED WITHOUT HAVING5 |
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| 225 | + | PROVIDED THIS NOTIFICATION TO THE DEPARTMENT OF TRANSPORTATION .6 |
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| 226 | + | (I.4) A |
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| 227 | + | FTER A COUNTY, CITY AND COUNTY, OR A MUNICIPALITY |
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| 228 | + | 7 |
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| 229 | + | DESIGNATES AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A8 |
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| 230 | + | STATE HIGHWAY, THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY9 |
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| 231 | + | SHALL COORDINATE WITH THE DEPARTMENT OF TRANSPORTATION .10 |
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| 232 | + | C |
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| 233 | + | OORDINATION MUST INCLUDE DEMONSTRATING THAT THE |
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| 234 | + | 11 |
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| 235 | + | REQUIREMENTS SET FORTH IN SUBSECTION (2)(g)(I.7)(B) OF THIS SECTION12 |
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| 236 | + | HAVE BEEN MET AND, IF NEEDED, APPLYING FOR A SPECIAL USE PERMIT TO13 |
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| 237 | + | INSTALL ANY DEVICES OR SIGNAGE ON DEPARTMENT OF TRANSPORTATION14 |
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| 238 | + | RIGHT-OF-WAY IF THE SEGMENT OF HIGHWAY IN QUESTION IS MAINTAINED15 |
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| 239 | + | BY THE STATE. A COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL16 |
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| 240 | + | ALERT THE DEPARTMENT OF TRANSPORTATION WHEN THE AUTOMATED17 |
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| 241 | + | VEHICLE IDENTIFICATION CORRIDOR BEGINS OPERATIONS OR18 |
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| 242 | + | PERMANENTLY CEASES OPERATIONS ON A STATE HIGHWAY . THE19 |
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| 243 | + | DEPARTMENT OF TRANSPORTATION SHALL NOTIFY THE COLORADO STATE20 |
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| 244 | + | PATROL WHEN A COUNTY , CITY AND COUNTY , OR MUNICIPALITY21 |
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| 245 | + | COORDINATES WITH THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH22 |
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| 246 | + | AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A STATE23 |
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| 247 | + | HIGHWAY.24 |
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303 | | - | T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE |
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304 | | - | DEPARTMENT OF TRANSPORTATION CONSULT WITH THE |
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305 | | - | COLORADO STATE |
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306 | | - | PATROL WHEN PROMULGATING RULES RELATING TO THE USE OF AUTOMATED |
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307 | | - | VEHICLE IDENTIFICATION SYSTEMS AND BEFORE AUTHORIZING THE USE OF |
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308 | | - | AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM BY THE STATE OR A |
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309 | | - | COUNTY |
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310 | | - | , A CITY AND COUNTY, OR A MUNICIPALITY ON ANY PORTION OF A |
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311 | | - | STATE HIGHWAY |
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312 | | - | . IT IS ALSO THE INTENT OF THE GENERAL ASSEMBLY THAT |
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313 | | - | THE DEPARTMENT OF TRANSPORTATION CONSULT WITH COUNTIES |
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314 | | - | , CITY AND |
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315 | | - | COUNTIES |
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316 | | - | , AND MUNICIPALITIES WHEN PROMULGATING RULES RELATING TO |
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317 | | - | THE USE OF AUTOMATED VEHICLE IDENTIFICATION SYSTEMS |
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318 | | - | . |
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319 | | - | PAGE 7-SENATE BILL 24-195 (c) THE PROVISIONS OF THIS SUBSECTION (2.5) DO NOT APPLY TO AN |
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320 | | - | AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON A STATE HIGHWAY THAT |
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321 | | - | A COUNTY |
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322 | | - | , CITY AND COUNTY, OR MUNICIPALITY HAS IMPLEMENTED OR |
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323 | | - | DESIGNATED BY ORDINANCE OR RESOLUTION BEFORE |
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324 | | - | JANUARY 1, 2025, OR |
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325 | | - | BEFORE THE DEPARTMENT OF TRANSPORTATION ADOPTS RULES PURS UANT |
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326 | | - | TO SUBSECTION |
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327 | | - | (2.5)(a) OF THIS SECTION, WHICHEVER OCCURS LATER. THIS |
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328 | | - | SUBSECTION |
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329 | | - | (2.5) DOES NOT REQUIRE A COUNTY , CITY AND COUNTY, OR |
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330 | | - | MUNICIPALITY TO REMOVE OR STOP THE IMPLEMENTATION OF AN |
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331 | | - | AUTOMATED VEHICLE IDENTIFICATION SYSTEM THAT WAS PLACED ON ANY |
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332 | | - | PORTION OF A STATE HIGHWAY OR DESIGNATED BY ORDINANCE OR |
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333 | | - | RESOLUTION BEFORE |
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334 | | - | JANUARY 1, 2025, OR BEFORE THE DEPARTMENT OF |
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335 | | - | TRANSPORTATION ADOPTS RULES PURS UANT TO SUBSECTION |
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336 | | - | (2.5)(a) OF THIS |
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337 | | - | SECTION |
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338 | | - | , WHICHEVER OCCURS LATER. |
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339 | | - | (4) (b) (III) Subsection (4)(b)(I) of this section does not apply within |
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340 | | - | a maintenance, construction, or repair zone designated pursuant to section |
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| 355 | + | T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE26 |
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| 356 | + | DEPARTMENT OF TRANSPORTATION CONSULT WITH THE COLORADO STATE27 |
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| 357 | + | 195 |
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| 358 | + | -10- PATROL WHEN PROMULGATING RULES RELATING TO THE USE OF1 |
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| 359 | + | AUTOMATED VEHICLE IDENTIFICATION SYSTEMS AND BEFORE2 |
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| 360 | + | AUTHORIZING THE USE OF AN AUTOMATED VEHICLE IDENTIFICATION3 |
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| 361 | + | SYSTEM BY THE STATE OR A COUNTY , A CITY AND COUNTY , OR A4 |
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| 362 | + | MUNICIPALITY ON ANY PORTION OF A STATE HIGHWAY . IT IS ALSO THE5 |
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| 363 | + | INTENT OF THE GENERAL ASSEMBLY THAT THE DEPARTMENT OF6 |
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| 364 | + | TRANSPORTATION CONSULT WITH COUNTIES , CITY AND COUNTIES, AND7 |
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| 365 | + | MUNICIPALITIES WHEN PROMULGATING RULES RELATING TO THE USE OF8 |
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| 366 | + | AUTOMATED VEHICLE IDENTIFICATION SYSTEMS .9 |
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| 367 | + | (c) T |
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| 368 | + | HE PROVISIONS OF THIS SUBSECTION (2.5) DO NOT APPLY TO |
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| 369 | + | 10 |
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| 370 | + | AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON A STATE HIGHWAY11 |
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| 371 | + | THAT A COUNTY, CITY AND COUNTY, OR MUNICIPALITY HAS IMPLEMENTED12 |
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| 372 | + | OR DESIGNATED BY ORDINANCE OR RESOLUTION BEFORE JANUARY 1, 2025,13 |
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| 373 | + | OR BEFORE THE DEPARTMENT OF TRANSPORTATION ADOPTS RULES14 |
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| 374 | + | PURSUANT TO SUBSECTION (2.5)(a) OF THIS SECTION, WHICHEVER OCCURS15 |
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| 375 | + | LATER. THIS SUBSECTION (2.5) DOES NOT REQUIRE A COUNTY, CITY AND16 |
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| 376 | + | COUNTY, OR MUNICIPALITY TO REMOVE OR STOP THE IMPLEMENTATION OF17 |
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| 377 | + | AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM THAT WAS PLACED ON18 |
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| 378 | + | ANY PORTION OF A STATE HIGHWAY OR DESIGNATED BY ORDINANCE OR19 |
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| 379 | + | RESOLUTION BEFORE JANUARY 1, 2025, OR BEFORE THE DEPARTMENT OF20 |
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| 380 | + | TRANSPORTATION ADOPTS RULES PURSUANT TO SUBSECTION (2.5)(a) OF21 |
---|
| 381 | + | THIS SECTION, WHICHEVER OCCURS LATER.22 |
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| 382 | + | 23 |
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| 383 | + | (III) Subsection (4)(b)(I) of this section does not apply within a24 |
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| 384 | + | maintenance, construction, or repair zone designated pursuant to section25 |
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359 | | - | identification system" means a system whereby: |
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360 | | - | (I) A machine is used to automatically detect a violation of a traffic |
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361 | | - | regulation and simultaneously record a photograph of the vehicle, the |
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362 | | - | operator of the vehicle, and the license plate of the vehicle; and |
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363 | | - | (II) A notice of violation or civil penalty assessment notice may be |
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364 | | - | issued to the registered owner of the motor vehicle. |
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365 | | - | PAGE 8-SENATE BILL 24-195 (b) "Automated vehicle identification system" includes a system |
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366 | | - | used to detect a violation of part 11 of this article 4 or a local speed |
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367 | | - | ordinance, a system used to detect violations of traffic restrictions imposed |
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368 | | - | by traffic signals or traffic signs, and a system used to detect violations of |
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369 | | - | bus lane or bicycle lane restrictions. |
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370 | | - | (8) NOTWITHSTANDING ANY OTHER PROVISION OF LAW , THE |
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371 | | - | AGGREGATE AMOUNT OF REVENUE |
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372 | | - | , EXCLUSIVE OF COURT AND OPERATIONS |
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373 | | - | COSTS |
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374 | | - | , COLLECTED BY THE STATE AS CIVIL PENALTIES FOR VIOLATIONS |
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375 | | - | DETECTED BY AUTOMATED VEHICLE IDENTIFICATION SYSTEMS MUST BE |
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376 | | - | CREDITED TO THE STATE HIGHWAY FUND AND USED BY THE DEPARTMENT |
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377 | | - | ONLY TO FUND ROAD SAFETY PROJECTS |
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378 | | - | , AS DEFINED IN SECTION 43-4-803 |
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379 | | - | (21), |
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380 | | - | OF THE TYPE DESCRIBED IN SECTION 43-4-803 (21)(b). THE |
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381 | | - | DEPARTMENT SHALL PRIORITIZE FUNDING TO THOSE ROAD SAFETY PROJECTS |
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382 | | - | WITH THE HIGHEST POTENTIAL TO REDUCE VULNERABLE ROAD USER INJURIES |
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383 | | - | AND FATALITIES WHILE TAKING INTO ACCOUNT THE PLANNING CAPACITY OF |
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384 | | - | EACH REGION |
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385 | | - | . |
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386 | | - | SECTION 2. In Colorado Revised Statutes, add 43-1-137 as |
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387 | | - | follows: |
---|
388 | | - | 43-1-137. Vulnerable road user fatality reduction targets - |
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| 401 | + | 11 |
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| 402 | + | identification system" means a system whereby:12 |
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| 403 | + | (I) A machine is used to automatically detect a violation of a13 |
---|
| 404 | + | traffic regulation and simultaneously record a photograph of the vehicle,14 |
---|
| 405 | + | the operator of the vehicle, and the license plate of the vehicle; and15 |
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| 406 | + | (II) A notice of violation or civil penalty assessment notice may16 |
---|
| 407 | + | be issued to the registered owner of the motor vehicle.17 |
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| 408 | + | (b) "Automated vehicle identification system" includes a system18 |
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| 409 | + | used to detect a violation of part 11 of this article 4 or a local speed19 |
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| 410 | + | ordinance, a system used to detect violations of traffic restrictions20 |
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| 411 | + | imposed by traffic signals or traffic signs, and a system used to detect21 |
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| 412 | + | violations of bus lane or bicycle lane restrictions.22 |
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| 413 | + | (8) N |
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| 414 | + | OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE23 |
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| 415 | + | AGGREGATE AMOUNT OF REVENUE , EXCLUSIVE OF COURT AND24 |
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| 416 | + | OPERATIONS COSTS, COLLECTED BY THE STATE AS CIVIL PENALTIES FOR25 |
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| 417 | + | VIOLATIONS DETECTED BY AUTOMATED VEHICLE IDENTIFICATION SYSTEMS26 |
---|
| 418 | + | MUST BE CREDITED TO THE STATE HIGHWAY FUND AND USED BY THE27 |
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| 419 | + | 195 |
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| 420 | + | -12- DEPARTMENT ONLY TO FUND ROAD SAFETY PROJECTS , AS DEFINED IN1 |
---|
| 421 | + | SECTION 43-4-803 (21), OF THE TYPE DESCRIBED IN SECTION 43-4-8032 |
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| 422 | + | (21)(b). THE DEPARTMENT SHALL PRIORITIZE FUNDING TO THOSE ROAD3 |
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| 423 | + | SAFETY PROJECTS WITH THE HIGHEST POTENTIAL TO REDUCE VULNERABLE4 |
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| 424 | + | ROAD USER INJURIES AND FATALITIES WHILE TAKING INTO ACCOUNT THE5 |
---|
| 425 | + | PLANNING CAPACITY OF EACH REGION .6 |
---|
| 426 | + | SECTION 2. In Colorado Revised Statutes, add 43-1-132 as7 |
---|
| 427 | + | follows:8 |
---|
| 428 | + | 43-1-132. Vulnerable road user fatality reduction targets -9 |
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407 | | - | ALLOCATED |
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408 | | - | to the highway users tax fund STATE HIGHWAY FUND pursuant to section |
---|
409 | | - | SECTIONS 43-4-205 (6.3) AND 43-4-205 (6)(b)(I) shall MUST be expended |
---|
410 | | - | by the department of transportation only for road safety projects, as defined |
---|
411 | | - | PAGE 9-SENATE BILL 24-195 in section 43-4-803 (21); except that the department shall, in furtherance of |
---|
412 | | - | its duty to supervise state highways and as a consequence in compliance |
---|
413 | | - | with section 43-4-810: |
---|
414 | | - | (a) Expend ten million dollars per year of the revenues |
---|
415 | | - | REVENUE for |
---|
416 | | - | the planning, designing, engineering, acquisition, installation, construction, |
---|
417 | | - | repair, reconstruction, maintenance, operation, or administration of |
---|
418 | | - | transit-related projects, including, but not limited to, designated bicycle or |
---|
419 | | - | pedestrian lanes of highway, |
---|
420 | | - | CROSSING IMPROVEMENTS , and infrastructure |
---|
421 | | - | needed to integrate different transportation modes within a multimodal |
---|
422 | | - | transportation system that enhance the safety of state highways for transit |
---|
423 | | - | users; |
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424 | | - | AND |
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425 | | - | (b) (I) ALLOCATE, FOR STATE FISCAL YEAR 2025-26 AND EACH |
---|
426 | | - | SUCCEEDING STATE FISCAL YEAR |
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427 | | - | , AFTER ACCOUNTING FOR CRITICAL |
---|
428 | | - | SAFETY |
---|
429 | | - | -RELATED ASSET MANAGEMENT SURFACE TRANSPORTATION |
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430 | | - | INFRASTRUCTURE PROJECTS ELIGIBLE FOR FUNDING PURSUANT TO SECTION |
---|
431 | | - | 43-4-803 (21)(a) AND AS DETERMINED BY THE TRANSPORTATION |
---|
432 | | - | COMMISSION |
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433 | | - | , AT LEAST TEN PERCENT OF THE REMAINING REVENUE BUT NO |
---|
434 | | - | LESS THAN SEVEN MILLION DOLLARS |
---|
435 | | - | , AS ADJUSTED PURSUANT TO |
---|
436 | | - | SUBSECTION |
---|
437 | | - | (3)(b)(II) OF THIS SECTION FOR STATE FISCAL YEAR 2026-27 |
---|
438 | | - | AND EACH SUCCEEDING STATE FISCAL YEAR, FOR THE TYPES OF ROAD SAFETY |
---|
439 | | - | PROJECTS DESCRIBED IN SECTION |
---|
440 | | - | 43-4-803 (21)(b). |
---|
| 444 | + | ALLOCATED21 |
---|
| 445 | + | to the highway users tax fund STATE HIGHWAY FUND pursuant to section22 |
---|
| 446 | + | SECTIONS 43-4-205 (6.3) AND 43-4-205 (6)(b)(I) shall MUST be expended23 |
---|
| 447 | + | by the department of transportation only for road safety projects, as24 |
---|
| 448 | + | defined in section 43-4-803 (21); except that the department shall, in25 |
---|
| 449 | + | furtherance of its duty to supervise state highways and as a consequence26 |
---|
| 450 | + | in compliance with section 43-4-810:27 |
---|
| 451 | + | 195 |
---|
| 452 | + | -13- (a) Expend ten million dollars per year of the revenues REVENUE1 |
---|
| 453 | + | for the planning, designing, engineering, acquisition, installation,2 |
---|
| 454 | + | construction, repair, reconstruction, maintenance, operation, or3 |
---|
| 455 | + | administration of transit-related projects, including, but not limited to,4 |
---|
| 456 | + | designated bicycle or pedestrian lanes of highway, |
---|
| 457 | + | CROSSING |
---|
| 458 | + | 5 |
---|
| 459 | + | IMPROVEMENTS, and infrastructure needed to integrate different6 |
---|
| 460 | + | transportation modes within a multimodal transportation system that7 |
---|
| 461 | + | enhance the safety of state highways for transit users; |
---|
| 462 | + | AND8 |
---|
| 463 | + | (b) (I) A |
---|
| 464 | + | LLOCATE, |
---|
| 465 | + | FOR STATE FISCAL YEAR 2025-26 AND EACH9 |
---|
| 466 | + | SUCCEEDING STATE FISCAL YEAR , AFTER ACCOUNTING FOR CRITICAL10 |
---|
| 467 | + | SAFETY-RELATED ASSET MANAGEMENT SURFACE TRANSPORTATION11 |
---|
| 468 | + | INFRASTRUCTURE PROJECTS ELIGIBLE FOR FUNDING PURSUANT TO SECTION12 |
---|
| 469 | + | 43-4-803 (21)(a) |
---|
| 470 | + | AND AS DETERMINED BY THE TRANSPORTATION13 |
---|
| 471 | + | COMMISSION, AT LEAST TEN PERCENT OF THE REMAINING REVENUE BUT NO14 |
---|
| 472 | + | LESS THAN SEVEN MILLION DOLLARS , AS ADJUSTED PURSUANT TO15 |
---|
| 473 | + | SUBSECTION (3)(b)(II) OF THIS SECTION FOR STATE FISCAL YEAR 2026-2716 |
---|
| 474 | + | AND EACH SUCCEEDING STATE FISCAL YEAR , FOR THE TYPES OF ROAD17 |
---|
| 475 | + | SAFETY PROJECTS DESCRIBED IN SECTION 43-4-803 (21)(b).18 |
---|