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 1230 -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 -6-