HB 1071 — Local Government Vehicle Identification System on Interstate Highways

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSEDREVISED This Version Includes All Amendments Adopted on Second Reading in the HouseSecond ofHouse Introduction LLS NO.

26-0608.01 Renee Leone x2695 HOUSE BILL 26-1071 HOUSE SPONSORSHIP Mauro and Duran, Froelich, Woodrow SENATE SPONSORSHIP Cutter, House Committees Senate Committees Transportation, Housing & Local Government Local Government & Housing g A BILL FOR AN ACT d e 2 C ONCERNING ALLOWING A LOCAL GOVERNMENT TO LOCATE AN E R 2 A n 0 AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON AN E 2 l S e p INTERSTATE HIGHWAY .

n A m A Bill Summary ed (Note:

This summary applies to this bill as introduced and does nd 26 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbille m0 2notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill Ea n, 3 passes third reading in the house of introduction, a bill summary that US U 2 U g r applies to the reengrossed version of this bill will be available at O i a H ad ru http://leg.colorado.gov.) R e rb d F Current law allows the state to locate an automated vehicle identification system (AVIS) on a highway that is part of the federal interstate highway system but prohibits a county, city and county, or g 6 i 20 municipality(localgovernment)fromdoingso.Thebillauthorizesalocal a 2, government to locate an AVIS on a highway that is part of the federal ES eR 9 U d y OH 2 a Shading denotes HOUSE amendment.

He db r Capital letters or bold & italic numbers indicate new material to be added to existing law.d eF Dashes through the words or numbers indicate deletions from existing law.

e F A interstate highway system.

SECTIONSECTION1. 1.

Legislativedeclaration.(1) Thegeneralassembly finds and declares that:

(a) Municipalities have primary response authority for traffic enforcementonportionsoffederalinterstateslocatedintheirjurisdiction pursuant to section 43-2-135 (1)(g), Colorado Revised Statutes;

(b) It is dangerous to conduct in-person traffic enforcement on interstate highways, and municipalities expend significant resources responding to traffic incidents on federal interstates;

(c) Automated vehicle identification systems, referred to in this section as "AVIS", are a safe and effective way to conduct traffic enforcement that municipalities have been utilizing for at least 30 years;

(d) In 1997, the general assembly adopted the first state law regarding utilization of AVIS throughout Colorado.

The law has been amended from time to time but has remained in effect since that time.

(e) Federalprohibitionsonmaskingconvictionsfortrafficcontrol violations by commercial driver's license holders pursuant to 49 CFR 384.226 have never been implicated by the use of AVIS in the United States;

(f) Federal masking is not implicated by AVIS because AVIS violations result in administrative citations and penalties imposed on the vehicle owner, not traffic control convictions, as that term is used in 49 CFR 384.226, imposed on the driver;

(g) Federal masking is only implicated where the identity of the driver is known, a conviction is obtained, and a deliberate decision is -2- 1071 made not to place the conviction on the driving record;

(h) AVIS are separate and distinct from automated license plate readers in that AVIS do not continuously capture data for every passing vehicle and instead only activate and capture data when certain traffic violations occur;

(i) Under section 42-4-110.5 (7)(b), Colorado Revised Statutes, photographs or videos collected by AVIS are confidential and exempt from disclosure and inspection under the "Colorado Open Records Act";

and (j) Undersection24-74-103,ColoradoRevisedStatutes,stateand political subdivision employees are prohibited from disclosing personal identifyinginformation,whichincludesdatafromAVIS,forthepurpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement.

(2) Therefore,thegeneralassemblyexpresslydeclaresthatAVIS are a safe, effective, and highly regulated tool that has been successfully usedsolelyfortrafficenforcementinColoradofordecadesandextending such use by local governments to interstate highways will further the traffic safety goals of this state.

SECTION 2.

(2) A county, city and county, or municipality may adopt an ordinance authorizing the use of an automated vehicle identification system to detect violationsAviolations VIOLATION of A traffic regulations -3- 1071 REGULATION adopted by the county, city and county, or municipality, or the stateR a county, a city and county, or a municipality may utilize an automated vehicle identification system to detectafficdetectffic violations VIOLATION under state law, subject to the following conditions and limitations and, as applicable, the requirements for state highways set forth in and any rules adopted by the department of transportation pursuant to subsection (2.5) of this section:

(g) (I) The statestatea a county, a city and county, or a municipality shall not issue a notice of violation or civil penaltyassessment notice for a violation detected using an automated vehicle identification system unless the violation occurred within a school zone, as defined in section 42-4-615;

or along a street HIGHWAY ororA Aportionportion of a strOR STATE HIGHWAY that a county, city and county, or municipality, by ordinance or by a resolution of its -2- 1071 governing body, designates as an automated vehicle identification corridor, on which designated corridor the county, city and county, or municipality may locate an automated vehicle identification system to detectviolationsVIOLATIONdetectviolationsIOLATION ofaTRAFFICREGULATIONADOPTEDBYTHEofa TRAFFICREGULATIONADOPTEDBYTHE STATE OR A county, city and county, or municipal traffic regulation or a traffic violation under state lawCIPALITY.lawPALITY.

(V)(A) NotwithstandingtheprovisionsofNotwithstandingthe subsection(2)(g)(I)provisionsof ofsubsection(2)(g)(I)of this sectionThesection,e state,A CITY AND COUNTYCOUNTY, ,OROR A MUNICIPALITYMUNICIPALITYmay may locate an automated vehicle identification system on aEahighway highway that is a part of the federal interstate highway system and may issue a notice of violation or a civil penalty assessment notice for a traffic -4- 1071 violationunderstatelawVIOLATIONOFATRAFFICREGULATIONADOPTED BY THE STATESTATE,A ,A CITY AND COUNTY ,OR A MUNICIPALITY detected using the automated vehicle identification system.

(B) A county, a cityand county, or a municipalityshall not locate anautomatedvehicleidentificationsystemorcreateanautomatedvehicle identification corridor on any highway that is a part of the federal interstate highway system.systemEXCEPT THAT A COUNTY MAY LOCATE AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON A PORTION OF SUCH A HIGHWAY THAT HAS A PEAK PERIOD SHOULDER LANE ,AS DEFINED IN SECTION 43-4-806 (11)(a)AND A COUNTY MAY ISSUE A NOTICE OF VIOLATION OR A CIVIL PENALTY FOR A VIOLATION OF A TRAFFIC REGULATION ADOPTED BY THE COUNTY DETECTED BY THAT AUTOMATED VEHICLE IDENTIFICATION SYSTEM.

SECTION 2.3.

except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in -3- 1071 November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

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