Colorado 2025 Regular Session

Colorado House Bill HB1230 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REREVISED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the Second House
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
7	7		LLS NO. 25-0743.01 Renee Leone x2695
8	8		HOUSE BILL 25-1230
9	9		House Committees Senate Committees
10	10		Transportation, Housing & Local Government Transportation & Energy
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING CHANGES TO THE TRA FFIC VIOLATION FOR OVERTAKING101
14	14		A SCHOOL BUS.102
15	15		Bill Summary
16	16		(Note: This summary applies to this bill as introduced and does
17	17		not reflect any amendments that may be subsequently adopted. If this bill
18	18		passes third reading in the house of introduction, a bill summary that
19	19		applies to the reengrossed version of this bill will be available at
20	20		http://leg.colorado.gov
21	21		.)
22	22		Section 1 of the bill permits the state, a county, a city and county,
23	23		or a municipality to, with approval from a school district's board of
24	24		education, install and utilize automated vehicle identification systems
25	25		(AVIS) on the school district's school buses to detect a driver of a vehicle
26	26		that overtakes a stopped school bus with actuated visual signal lights in
27	27		violation of current law. If an AVIS detects such a violation, the state, a
28	28		SENATE
29		-	3rd Reading Unamended
30		-	April 1, 2025
31		-	SENATE
32	29		Amended 2nd Reading
33	30		March 31, 2025
34	31		HOUSE
35	32		3rd Reading Unamended
36	33		March 17, 2025
37	34		HOUSE
38	35		Amended 2nd Reading
39	36		March 14, 2025
40	37		HOUSE SPONSORSHIP
41	38		Caldwell and Paschal, Bacon, Boesenecker, Brown, Duran, English, Froelich, Keltie,
42	39		Lieder, Lindsay, Phillips, Rydin, Smith, Story
43	40		SENATE SPONSORSHIP
44		-	Winter F., ~~Carson, Cutter, Exum, Jodeh, Kipp, Michaelson Jenet, Mullica, Roberts, Wallace~~
	41	+	Winter F.,
45	42		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
46	43		Capital letters or bold & italic numbers indicate new material to be added to existing law.
47	44		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
48	45		not more than $300 for the violation. The bill creates a rebuttable
49	46		presumption that when an image produced by an AVIS includes an
50	47		electronic indicator signifying that a school bus's visual signal lights are
51	48		actuated, the visual signal lights are presumed to be actuated and
52	49		operational.
53	50		The bill mandates that the state, a county, a city and county, or a
54	51		municipality that installs an AVIS on a school bus shall not use the fines
55	52		collected through the use of the AVIS system to compensate the AVIS
56	53		manufacturer or vendor and that any such compensation paid to the
57	54		manufacturer or vendor must not be based exclusively upon the number
58	55		of citations issued or revenue generated by the AVIS.
59	56		Current law states that a driver on a highway with separate
60	57		roadways need not stop upon meeting or passing a school bus that is on
61	58		a different roadway. Section 2 amends the definition of "highway with
62	59		separate roadways" to include a roadway separated by physical barriers
63	60		and to exclude a roadway separated by a painted median.
64	61		Be it enacted by the General Assembly of the State of Colorado:1
65	62		SECTION 1. In Colorado Revised Statutes, 42-4-110.5, amend2
66	63		(1.1)(a)(II) and (2)(g)(III); and add
67	64		(1.1)(a.7), (2)(d)(III), and (4.6) as3
68	65		follows:4
69	66		42-4-110.5. Automated vehicle identification systems - school5
70	67		buses - exceptions to liability - penalty - contracting - limits on use of6
71	68		photographs and video - rules - legislative declaration - definitions.7
72	69		(1.1) As used in this section, unless the context otherwise requires:8
73	70		(a) (II) "Automated vehicle identification system" includes a9
74	71		system used to detect a violation of part 11 of this article 4 or a local10
75	72		speed ordinance; a system used to detect violations of traffic restrictions11
76	73		imposed by traffic signals or traffic signs;
77	74		A SYSTEM USED TO DETECT THE12
78	75		OVERTAKING OF A STOPPED SCHOOL BUS WITH ACTUATED VISUAL SIGNAL13
79	76		LIGHTS IN VIOLATION OF SECTION 42-4-1903 (1)(a); and a system used to14
80	77		detect violations of bus lane or bicycle lane restrictions.15
81	78		(a.7) "S
82	79		CHOOL BUS" MEANS A SCHOOL BUS THAT IS REQUIRED TO16
83	80		1230-2- BEAR ON THE FRONT AND REAR OF SUCH SCHOOL BUS THE WORDS1
84	81		"SCHOOL
85	82		BUS" AND DISPLAY VISUAL SIGNAL LIGHTS PURSUANT TO2
86	83		SECTION 42-4-1903 (2)(a).3
87	84		(2) A county, city and county, or municipality may adopt an4
88	85		ordinance authorizing the use of an automated vehicle identification5
89	86		system to detect violations of traffic regulations adopted by the county,6
90	87		city and county, or municipality, or the state, a county, a city and county,7
91	88		or a municipality may utilize an automated vehicle identification system8
92	89		to detect traffic violations under state law, subject to the following9
93	90		conditions and limitations and, as applicable, the requirements for state10
94	91		highways set forth in and any rules adopted by the department of11
95	92		transportation pursuant to subsection (2.5) of this section:12 (d) (III) THIS SUBSECTION (2)(d) DOES NOT APPLY TO AN13
96	93		AUTOMATED VEHICLE IDENTIFICATION SYSTEM DESIGNED TO DETECT THE14
97	94		OVERTAKING OF A SCHOOL BUS WITH ACTUATED VISUAL SIGNAL LIGHTS .15
98	95		(g) (III) This subsection (2)(g) does not apply to an automated16
99	96		vehicle identification system designed to detect disobedience to a traffic17
100	97		control signal
101	98		OR THE OVERTAKING OF A SCHOOL BUS WITH ACTUATED18
102	99		VISUAL SIGNAL LIGHTS.19
103	100		(4.6) (a) I
104	101		F APPROVED BY A SCHOOL DISTRICT 'S BOARD OF20
105	102		EDUCATION, THE STATE, A COUNTY, A CITY AND COUNTY, THE SCHOOL
106	103		21
107	104		DISTRICT, OR A MUNICIPALITY MAY INSTALL AND UTILIZE AN AUTOMATED22
108	105		VEHICLE IDENTIFICATION SYSTEM ON THE SCHOOL DISTRICT 'S SCHOOL23
109	106		BUSES TO DETECT A MOTOR VEHICLE OVERTAKING A STOPPED SCHOOL24
110	107		BUS WITH ACTUATED VISUAL SIGNAL LIGHTS IN VIOLATION OF SECTION25
111	108		42-4-1903 (1)(a).26
112	109		(b) I
113	110		F, THROUGH THE USE OF AN AUTOMATED VEHICLE27
114	111		1230
115	112		-3- IDENTIFICATION SYSTEM, THE STATE, A COUNTY, A CITY AND COUNTY, OR1
116	113		A MUNICIPALITY DETECTS A MOTOR VEHICLE OVERTAKING A STOPPED2
117	114		SCHOOL BUS WITH ACTUATED VISUAL SIGNAL LIGHTS IN VIOLATION OF3
118	115		SECTION 42-4-1903 (1)(a), THE MAXIMUM CIVIL PENALTY THE STATE ,4
119	116		COUNTY, CITY AND COUNTY, OR MUNICIPALITY MAY IMPOSE FOR THE5
120	117		VIOLATION IS THREE HUNDRED DOLLARS , INCLUDING SURCHARGES OR6
121	118		FEES.7
122	119		(c) (I) A PHOTOGRAPH PRODUCED BY AN AUTOMATED VEHICLE8
123	120		IDENTIFICATION SYSTEM PURSUANT TO THIS SUBSECTION (4.6) MUST9
124	121		CAPTURE AN IMAGE OF THE MOTOR VEHICLE AND THE MOTOR VEHICLE'S10
125	122		LICENSE PLATE TO FORM THE BASIS OF A NOTICE OF VIOLATION OR CIVIL11
126	123		PENALTY ISSUED PURSUANT TO THIS SUBSECTION (4.6).12
127	124		(II) A NOTICE OF VIOLATION OR CIVIL PENALTY ISSUED PURSUANT13
128	125		TO THIS SUBSECTION (4.6) MUST BE SENT TO THE REGISTERED OWNER OF14
129	126		THE VEHICLE.15
130	127		(III) WHEN A PHOTOGRAPH PRODUCED BY AN AUTOMATED16
131	128		VEHICLE IDENTIFICATION SYSTEM INCLUDES AN ELECTRONIC INDICATOR17
132	129		SIGNIFYING ACTUATION OF A SCHOOL BUS'S VISUAL SIGNAL LIGHTS, THERE18
133	130		IS A REBUTTABLE PRESUMPTION THAT THE SCHOOL BUS'S VISUAL SIGNAL19
134	131		LIGHTS WERE ACTUATED AND OPERATIONAL AND THAT THE SCHOOL BUS20
135	132		WAS STOPPED TO RECEIVE OR DISCHARGE SCHOOL CHILDREN .21
136	133		(d) (I) T
137	134		HE STATE, A COUNTY, A CITY AND COUNTY, A SCHOOL
138	135		22
139	136		DISTRICT, OR A MUNICIPALITY THAT HAS INSTALLED AN AUTOMATED23
140	137		VEHICLE IDENTIFICATION SYSTEM ON A SCHOOL BUS TO DETECT A24
141	138		MOTOR VEHICLE OVERTAKING A STOPPED SCHOOL BUS SHALL NOT USE ANY25
142	139		PORTION OF A FINE COLLECTED THROUGH THE USE OF SUCH SYSTEM AS THE26
143	140		BASIS FOR PAYMENT TO THE MANUFACTURER OR VENDOR OF THE27
144	141		1230
145	142		-4- AUTOMATED VEHICLE IDENTIFICATION SYSTEM EQUIPMENT . THE1
146	143		COMPENSATION PAID BY THE STATE, COUNTY, CITY AND COUNTY, SCHOOL2
147	144		DISTRICT, OR MUNICIPALITY FOR SUCH EQUIPMENT MUST BE BASED UPON3
148	145		THE VALUE OF ANY EQUIPMENT OR SERVICES PROVIDED AND MUST NOT BE4
149	146		BASED EXCLUSIVELY UPON THE NUMBER OF TRAFFIC CITATIONS ISSUED OR5
150	147		THE REVENUE GENERATED BY THE AUTOMATED VEHICLE IDENTIFICATION6
151	148		SYSTEM EQUIPMENT.7
152	149		(II) A
153	150		CONTRACT FOR AUTOMATED VEHICLE IDENTIFICATION8
154	151		SYSTEM EQUIPMENT AND FOR SERVICES PROVIDED FOR THE USE OF AN9
155	152		AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON A SCHOOL BUS MUST10
156	153		NOT CONTAIN A QUOTA REGARDING THE NUMBER OF VIOLATIONS11
157	154		CAPTURED OR NOTICES OF VIOLATION ISSUED OR REGARDING THE REVENUE12
158	155		GENERATED FOR THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM TO BE13
159	156		CONTINUOUSLY UTILIZED.14
160	157		(e) A
161	158		SCHOOL DISTRICT THAT, INDEPENDENT OF THE STATE , A
162	159		15
163	160		COUNTY, A CITY AND COUNTY , OR A MUNICIPALITY, INSTALLS AND16
164	161		UTILIZES AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON THE17
165	162		SCHOOL DISTRICT'S SCHOOL BUSES PURSUANT TO THIS SUBSECTION (4.6)18
166	163		SHALL ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH ONE OR19
167	164		MORE LAW ENFORCEMENT AGENCIES , AND SUCH MEMORANDUM MAY20
168	165		INCLUDE:21
169	166		(I) P
170	167		ROVISIONS FOR COST SHARING;
171	168		22
172	169		(II) P
173	170		AYMENT RESPONSIBILITIES TO THE MANUFACTURER OR
174	171		23
175	172		VENDOR OF THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM24
176	173		EQUIPMENT; AND25
177	174		(III) E
178	175		NFORCEMENT RESPONSIBILITIES AND REIMBURSEMENT
179	176		26
180	177		CONSIDERATIONS.27
181	178		1230
182	179		-5- SECTION 2. In Colorado Revised Statutes, 42-4-1903, amend1
183	180		(4) as follows:2
184	181		42-4-1903. School buses - stops - signs - passing - definition.3
185	182		(4) The driver of a vehicle upon a highway with separate roadways need4
186	183		not stop upon meeting or passing a school bus which THAT is on a5
187	184		different roadway. For the purposes of AS USED IN this section, "highway6
188	185		with separate roadways" means a highway that is divided into two or7
189	186		more roadways by a depressed
190	187		OR raised or painted
191	188		median, PHYSICAL8
192	189		BARRIERS, or other intervening space serving as a clearly indicated9
193	190		dividing section or island THAT PHYSICALLY DIVIDES THE ROADWAYS .10
194	191		SECTION 3. Applicability. This act applies to violations11
195	192		occurring on or after the effective date of this act.12
196	193		SECTION 4. Safety clause. The general assembly finds,13
197	194		determines, and declares that this act is necessary for the immediate14
198	195		preservation of the public peace, health, or safety or for appropriations for15
199	196		the support and maintenance of the departments of the state and state16
200	197		institutions.17
201	198		1230
202	199		-6-