Colorado 2025 2025 Regular Session

Colorado House Bill HB1230 Amended / Bill

Filed 04/01/2025

                    First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0743.01 Renee Leone x2695
HOUSE BILL 25-1230
House Committees Senate Committees
Transportation, Housing & Local Government Transportation & Energy
A BILL FOR AN ACT
C
ONCERNING CHANGES TO THE TRA FFIC VIOLATION FOR OVERTAKING101
A SCHOOL BUS.102
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 permits the state, a county, a city and county,
or a municipality to, with approval from a school district's board of
education, install and utilize automated vehicle identification systems
(AVIS) on the school district's school buses to detect a driver of a vehicle
that overtakes a stopped school bus with actuated visual signal lights in
violation of current law. If an AVIS detects such a violation, the state, a
SENATE
3rd Reading Unamended
April 1, 2025
SENATE
Amended 2nd Reading
March 31, 2025
HOUSE
3rd Reading Unamended
March 17, 2025
HOUSE
Amended 2nd Reading
March 14, 2025
HOUSE SPONSORSHIP
Caldwell and Paschal, Bacon, Boesenecker, Brown, Duran, English, Froelich, Keltie,
Lieder, Lindsay, Phillips, Rydin, Smith, Story
SENATE SPONSORSHIP
Winter F., Carson, Cutter, Exum, Jodeh, Kipp, Michaelson Jenet, Mullica, Roberts, Wallace
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. county, a city and county, or a municipality may impose a civil penalty of
not more than $300 for the violation. The bill creates a rebuttable
presumption that when an image produced by an AVIS includes an
electronic indicator signifying that a school bus's visual signal lights are
actuated, the visual signal lights are presumed to be actuated and
operational.
The bill mandates that the state, a county, a city and county, or a
municipality that installs an AVIS on a school bus shall not use the fines
collected through the use of the AVIS system to compensate the AVIS
manufacturer or vendor and that any such compensation paid to the
manufacturer or vendor must not be based exclusively upon the number
of citations issued or revenue generated by the AVIS.
Current law states that a driver on a highway with separate
roadways need not stop upon meeting or passing a school bus that is on
a different roadway. Section 2 amends the definition of "highway with
separate roadways" to include a roadway separated by physical barriers
and to exclude a roadway separated by a painted median.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-4-110.5, amend2
(1.1)(a)(II) and (2)(g)(III); and add 
(1.1)(a.7), (2)(d)(III), and (4.6) as3
follows:4
42-4-110.5.  Automated vehicle identification systems - school5
buses - exceptions to liability - penalty - contracting - limits on use of6
photographs and video - rules - legislative declaration - definitions.7
(1.1)  As used in this section, unless the context otherwise requires:8
(a) (II)  "Automated vehicle identification system" includes a9
system used to detect a violation of part 11 of this article 4 or a local10
speed ordinance; a system used to detect violations of traffic restrictions11
imposed by traffic signals or traffic signs; 
A SYSTEM USED TO DETECT THE12
OVERTAKING OF A STOPPED SCHOOL BUS WITH ACTUATED VISUAL SIGNAL13
LIGHTS IN VIOLATION OF SECTION 42-4-1903 (1)(a); and a system used to14
detect violations of bus lane or bicycle lane restrictions.15
(a.7)  "S
CHOOL BUS" MEANS A SCHOOL BUS THAT IS REQUIRED TO16
1230-2- BEAR ON THE FRONT AND REAR OF SUCH SCHOOL BUS THE WORDS1
"SCHOOL
 BUS" AND DISPLAY VISUAL SIGNAL LIGHTS PURSUANT TO2
SECTION 42-4-1903 (2)(a).3
(2)  A county, city and county, or municipality may adopt an4
ordinance authorizing the use of an automated vehicle identification5
system to detect violations of traffic regulations adopted by the county,6
city and county, or municipality, or the state, a county, a city and county,7
or a municipality may utilize an automated vehicle identification system8
to detect traffic violations under state law, subject to the following9
conditions and limitations and, as applicable, the requirements for state10
highways set forth in and any rules adopted by the department of11
transportation pursuant to subsection (2.5) of this section:12 (d) (III) THIS SUBSECTION (2)(d) DOES NOT APPLY TO AN13
AUTOMATED VEHICLE IDENTIFICATION SYSTEM DESIGNED TO DETECT THE14
OVERTAKING OF A SCHOOL BUS WITH ACTUATED VISUAL SIGNAL LIGHTS .15
(g) (III)  This subsection (2)(g) does not apply to an automated16
vehicle identification system designed to detect disobedience to a traffic17
control signal 
OR THE OVERTAKING OF A SCHOOL BUS WITH ACTUATED18
VISUAL SIGNAL LIGHTS.19
(4.6) (a)  I
F APPROVED BY A SCHOOL DISTRICT 'S BOARD OF20
EDUCATION, THE STATE, A COUNTY, A CITY AND COUNTY, THE SCHOOL
21
DISTRICT, OR A MUNICIPALITY MAY INSTALL AND UTILIZE AN AUTOMATED22
VEHICLE IDENTIFICATION SYSTEM ON THE SCHOOL DISTRICT 'S SCHOOL23
BUSES TO DETECT      A MOTOR VEHICLE OVERTAKING A STOPPED SCHOOL24
BUS WITH ACTUATED VISUAL SIGNAL LIGHTS IN VIOLATION OF SECTION25
42-4-1903 (1)(a).26
(b)  I
F, THROUGH THE USE OF AN AUTOMATED VEHICLE27
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-3- IDENTIFICATION SYSTEM, THE STATE, A COUNTY, A CITY AND COUNTY, OR1
A MUNICIPALITY DETECTS      A MOTOR VEHICLE OVERTAKING A STOPPED2
SCHOOL BUS WITH ACTUATED VISUAL SIGNAL LIGHTS IN VIOLATION OF3
SECTION 42-4-1903 (1)(a), THE MAXIMUM CIVIL PENALTY THE STATE ,4
COUNTY, CITY AND COUNTY, OR MUNICIPALITY MAY IMPOSE FOR THE5
VIOLATION IS THREE HUNDRED DOLLARS , INCLUDING SURCHARGES OR6
FEES.7
(c) (I) A PHOTOGRAPH PRODUCED BY AN AUTOMATED VEHICLE8
IDENTIFICATION SYSTEM PURSUANT TO THIS SUBSECTION (4.6) MUST9
CAPTURE AN IMAGE OF THE MOTOR VEHICLE AND THE MOTOR VEHICLE'S10
LICENSE PLATE TO FORM THE BASIS OF A NOTICE OF VIOLATION OR CIVIL11
PENALTY ISSUED PURSUANT TO THIS SUBSECTION (4.6).12
(II) A NOTICE OF VIOLATION OR CIVIL PENALTY ISSUED PURSUANT13
TO THIS SUBSECTION (4.6) MUST BE SENT TO THE REGISTERED OWNER OF14
THE VEHICLE.15
(III) WHEN A PHOTOGRAPH PRODUCED BY AN AUTOMATED16
VEHICLE IDENTIFICATION SYSTEM INCLUDES AN ELECTRONIC INDICATOR17
SIGNIFYING ACTUATION OF A SCHOOL BUS'S VISUAL SIGNAL LIGHTS, THERE18
IS A REBUTTABLE PRESUMPTION THAT THE SCHOOL BUS'S VISUAL SIGNAL19
LIGHTS WERE ACTUATED AND OPERATIONAL AND THAT THE SCHOOL BUS20
WAS STOPPED TO RECEIVE OR DISCHARGE SCHOOL CHILDREN .21
(d) (I)  T
HE STATE, A COUNTY, A CITY AND COUNTY, A SCHOOL
22
DISTRICT, OR A MUNICIPALITY THAT HAS INSTALLED AN AUTOMATED23
VEHICLE IDENTIFICATION SYSTEM ON A SCHOOL BUS TO DETECT      A24
MOTOR VEHICLE OVERTAKING A STOPPED SCHOOL BUS SHALL NOT USE ANY25
PORTION OF A FINE COLLECTED THROUGH THE USE OF SUCH SYSTEM AS THE26
BASIS FOR PAYMENT TO THE MANUFACTURER OR VENDOR OF THE27
1230
-4- AUTOMATED VEHICLE IDENTIFICATION SYSTEM EQUIPMENT . THE1
COMPENSATION PAID BY THE STATE, COUNTY, CITY AND COUNTY, SCHOOL2
DISTRICT, OR MUNICIPALITY FOR SUCH EQUIPMENT MUST BE BASED UPON3
THE VALUE OF ANY EQUIPMENT OR SERVICES PROVIDED AND MUST NOT BE4
BASED EXCLUSIVELY UPON THE NUMBER OF TRAFFIC CITATIONS ISSUED OR5
THE REVENUE GENERATED BY THE AUTOMATED VEHICLE IDENTIFICATION6
SYSTEM EQUIPMENT.7
(II)  A
 CONTRACT FOR AUTOMATED VEHICLE IDENTIFICATION8
SYSTEM EQUIPMENT AND FOR SERVICES PROVIDED FOR THE USE OF AN9
AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON A SCHOOL BUS MUST10
NOT CONTAIN A QUOTA REGARDING THE NUMBER OF VIOLATIONS11
CAPTURED OR NOTICES OF VIOLATION ISSUED OR REGARDING THE REVENUE12
GENERATED FOR THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM TO BE13
CONTINUOUSLY UTILIZED.14
(e)  A
 SCHOOL DISTRICT THAT, INDEPENDENT OF THE STATE , A
15
COUNTY, A CITY AND COUNTY , OR A MUNICIPALITY, INSTALLS AND16
UTILIZES AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON THE17
SCHOOL DISTRICT'S SCHOOL BUSES PURSUANT TO THIS SUBSECTION (4.6)18
SHALL ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH ONE OR19
MORE LAW ENFORCEMENT AGENCIES , AND SUCH MEMORANDUM MAY20
INCLUDE:21
(I)  P
ROVISIONS FOR COST SHARING;
22
(II)  P
AYMENT RESPONSIBILITIES TO THE MANUFACTURER OR
23
VENDOR OF THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM24
EQUIPMENT; AND25
(III)  E
NFORCEMENT RESPONSIBILITIES AND REIMBURSEMENT
26
CONSIDERATIONS.27
1230
-5- SECTION 2. In Colorado Revised Statutes, 42-4-1903, amend1
(4) as follows:2
42-4-1903.  School buses - stops - signs - passing - definition.3
(4)  The driver of a vehicle upon a highway with separate roadways need4
not stop upon meeting or passing a school bus which THAT is on a5
different roadway. For the purposes of AS USED IN this section, "highway6
with separate roadways" means a highway that is divided into two or7
more roadways by a depressed 
OR raised or painted
 median, PHYSICAL8
BARRIERS, or other intervening space serving as a clearly indicated9
dividing section or island THAT PHYSICALLY DIVIDES THE ROADWAYS .10
SECTION 3. Applicability. This act applies to violations11
occurring on or after the effective date of this act.12
SECTION 4. Safety clause. The general assembly finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety or for appropriations for15
the support and maintenance of the departments of the state and state16
institutions.17
1230
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