HB 1318 — Traffic Safety Near Schools

SecondNOTE: Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.

26-0852.01This Kenbill Fowlerhas x2372been HOUSEprepared BILLfor 26-1318the HOUSEsignatures SPONSORSHIPof NguyenandFroelich,the Boesenecker,Brown,Duran,Goldstein,Hamrick,Joseph,Lindsay,appropriate Rutinel,legislative Stewartofficers R.,and Story,the WillfordGovernor. SENATE SPONSORSHIP Cutter, Amabile, Ball, Benavidez, Bridges, Carson, Catlin, Coleman, Daugherty, Exum, Frizell, Gonzales J., Hinrichsen, Jodeh, Kipp, Kirkmeyer, Kolker, Lindstedt, Liston, Marchman, Mullica, Pelton R., Roberts, Rodriguez, Simpson, Snyder, Sullivan, Wallace, Weissman g i a 2 E R 2 A r 9 E 3 l S e p House Committees Senate Committees n A Transportation, Housing & Local Government Transportation & Energy e A A BILL FOR AN ACT i a 6 C ONCERNING TRAFFIC SAFETY NEAR SCHOOLS .

eTo 0determine Twhether dthe 2Governor Nhas 2signed 7the Ebill dor itaken Billother Summaryaction Son dit, pplease econsult Athe mlegislative (Note:status sheet, the legislative history, or the Session Laws.

ThisHOUSE summaryBILL applies26-1318 toBY thisREPRESENTATIVE(S) billNguyen as introduced and doesFroelich, ABoesenecker, notreflectanyamendmentsthatmaybesubsequentlyadopted.IfthisbillBrown, passesDuran, thirdGoldstein, readingHamrick, inJoseph, theLindsay, houseRutinel, ofStewart introduction,R., aStory, billWillford, summaryBacon, thatCamacho, dClifford, appliesGarcia, toJackson, theLieder, reengrossedLukens, versionPaschal, ofPhillips, thisRydin, billSmith, willStewart beK., availableTitone, atValdez; d e 6 http://leg.colorado.gov.) E a 0 S U , O n i The bill defines "school zones" as all roadways within at least H a p 1,000 feet of a school property boundary and adds and modifies e A r additional corresponding definitions.

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gC iONCERNING 62TRAFFIC aSAFETY 2NEAR SSCHOOLS R. 0 U d 3 H 2 c Shading denotes HOUSE amendment.

DoubleBe underliningit denotesenacted SENATEby amendment.the General Assembly of the State of Colorado:

e a Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.

e A Be it enacted by the General Assembly of the State of Colorado:

SECTION2.SECTION 2.

InColoradoRevisedStatutes,42-4-615,amend(2);In Colorado Revised Statutes, 42-4-615, amend (2);

(2)(a)Capital Forletters theor purposesbold S& USEDitalic Ithisnumbers section,indicate "schoolnew zone"material meansanareathatisdesignatedasaschoolzoneandhasadded ALLROADWAYSto WITHINexisting ATlaw; LEAST ONE THOUSAND FEET OF A SCHOOL PROPERTY BOUNDARY ;EXCEPT THAT:

(I)dashes TATEHIGHWAYSthrough ,ASDEFINEDINSECTIONwords 42-4-110.5ARENOTor INCLUDEDnumbers INindicate Adeletions SCHOOLfrom ZONEexisting UNLESSlaw DESIGNATEDand ASsuch PARTmaterial OFis Anot SCHOOLpart ZONEof BYthe THEact. C OLORADO DEPARTMENT OF TRANSPORTATION OR BY A COUNTY , CITY AND COUNTY , OR MUNICIPALITY WITH THE WRITTEN APPROVAL OF THE COLORADO DEPARTMENT OF TRANSPORTATION ;

(II)(2) SCHOOLZONETHATEXISTSONTHEEFFECTIVEDATEOFTHIS(a) SUBSECTIONFor (2)THATthe EXTENDSpurposes MOREofS THANUSED TWOINthis HUNDREDsection, FEET"school FROMzone" Ameans SCHOOLan PROPERTYarea BOUNDARYthat ISis THEdesignated SCHOOLas ZONEa FORschool THATzone SCHOOLand PROPERTYhasOADWAYS ;ANDWITHINATLEASTONETHOUSANDFEETOFASCHOOLPROPERTYBOUNDARY (III)FACOUNTY; CITYANDCOUNTY ,ORMUNICIPALITYTHATHAS JURISDICTION OVER A SCHOOL ZONE REDUCES THE SIZE OF THE SCHOOL ZONE PURSUANT TO SUBSECTION (4)OF THIS SECTIO, THEN ONLY THE REDUCED SCHOOL ZONE IS THE SCHOOL ZONE FOR THAT SCHOOL PROPERTY .

(b)EXCEPT I A SCHOOL ZONE EXISTING PURSUANT TO SUBSECTION (2)(a)(II)F THIS SECTION IS LESS THAN TWO HUNDRED FEET FROM A -2- 1318 SCHOOL PROPERTY ,THE COUNTY ,CITY AND COUNTY ,OR MUNICIPALITY THAT HAS: JURISDICTION OVER THE SCHOOL ZONE MUST INCREASE THE SCHOOL ZONE TO A MINIMUM OF TWO HUNDRED FEET .

(c)(I) STATE HIGHWAYS ,AS DEFINED IN SECTION42-4-110.5,ARE NOT INCLUDED IN A SCHOOL ZONE MUSTUNLESS HAVEDESIGNATED appropriateAS signsPART postedOF indicatingAA SCHOOL ZONE ANDBY INDICATINGTHE thatCOLORADO theDEPARTMENT penaltiesOF andTRANSPORTATION surchargesWITHINOR BY A SCHOOLCOUNTY ZONE, willCITY beAND doubled.COUNTY , OR MUNICIPALITY WITH THE WRITTEN APPROVAL OF THE COLORADO DEPARTMENT OF TRANSPORTATION ;

The(II) stateASCHOOL orZONE localTHAT governmentEXISTS havingON jurisdictionTHE overEFFECTIVE theDATE placementOF ofTHIS trafficSUBSECTION signs(2)THAT andEXTENDS trafficMORE controlTHAN devicesTWO iAHUNDRED schoolFEET zoneFROM areaA shallSCHOOL designatePROPERTY whenBOUNDARY theIS areaTHE willSCHOOL beeemedZONE toFOR beTHAT aSCHOOL schoolPROPERTY zone;AND for(III) theF purposesA ofCOUNTY this,CITY section,AND InCOUNTY making,OR suchMUNICIPALITY designation,THAT theHAS stateJURISDICTIONOVERASCHOOLZONEREDUCESTHESIZEOFTHESCHOOLZONE orPURSUANT localTO governmentSUBSECTION shall consider when increased penalties are necessary to protect the safety of school childrenWHICH ,EXCEPTIFREDUCEDASPERMITTEDINSUBSECTION (4)OF THIS SECTION,MUSTSECTION,THEN INCLUDEONLY ALLTHE ROADWAYSREDUCED WITHINSCHOOL ONEZONE THOUSANDIS FEET OF THE SCHOOL PROPERTYZONE BOUNDARYFOR ANDTHAT SHALLSCHOOL POSTPROPERTY THE. SIGNS REQUIRED BY THIS SECTION.

OR(b) SCHOOLIASCHOOLZONEEXISTINGPURSUANTTOSUBSECTION ZONES(2)(a)(II) EXISTINGOF PURSUANTTHIS TOSECTION SUBSECTIONIS (2)(a)(IOFLESS THISTHAN SECTION,SIGNAGETWO THATHUNDRED EXISTSFEET ONFROM THEA EFFECTIVESCHOOL DATEPROPERTY OF,THE THISCOUNTY SUBSECTION,CITY (2)AND MEETSCOUNTY THE,OR SIGNAGEMUNICIPALITY REQUIREMENTSTHAT FORHAS THISJURISDICTIONOVERTHESCHOOLZONEMUSTINCREASETHESCHOOLZONETO SUBSECTIONA MINIMUM OF TWO HUNDRED FEET .

(d)(c) A COUNTYSCHOOLZONE ,CITYMUST ANDHAVE COUNTYappropriate ,ORsigns MUNICIPALITYposted SHALLindicating COMPILE A LISTSCHOOL OFZONE SCHOOLSAND FORINDICATING WHICHthat ITthe MUSTpenalties DETERMINEand SCHOOLsurcharWITHIN ZONESA FORSCHOOL THEZONE PURPOSESwill OFbe THISdoubled. SECTION .

AThe COUNTYstate or local government having jurisdiction over the placement of traffic signs and traffic control devices in theAschool zone area shall designate when the area will be deemed to be a school zone for the purposes of this section, In making such designation, the state or local government shall consider when increased penalties are necessary to protect the safety of school chilWHICH , AEXCEPT CITYIF ANDREDUCED COUNTYAS ,ORPERMITTED MUNICIPALITYIN HASSUBSECTION (4)OF THIS SECTION , MUSTINCLUDEALLROADWAYSWITHINONETHOUSANDFEETOFTHESCHOOL PROPERTY BOUNDARY AND SHALL POST THE AUTHORITYSIGNS TOREQUIRED DETERMINEBY WHICHTHIS SCHOOLSSECTION TO.FORSCHOOLZONESEXISTINGPURSUANTTOSUBSECTION INCLUDE(2)(a)(II) PAGE 2-HOUSE BILL 26-1318 OF THIS SECTION,SIGNAGE THAT EXISTS ON THE LIST.EFFECTIVE DATE OF THIS SUBSECTION (2)MEETSTHESIGNAGEREQUIREMENTSFORTHISSUBSECTION .

(4)(d) AACOUNTY COUNTY,CITYANDCOUNTY ,,ORMUNICIPALITYSHALLCOMPILE CITY AND COUNTY ,OR MUNICIPALITY THAT HAS JURISDICTIONOVERASCHOOLZONEMAYREDUCETHESIZEOFTHESCHOOL ZONE TO EXTEND TO LESS THAN ONE THOUSAND FEET FROM A SCHOOLLIST PROPERTYOFSCHOOLSFOR BOUNDARYWHICH BUTIT SHALLMUST NOTDETERMINE REDUCESCHOOLZONES THEFOR SIZE OF THE SCHOOLPURPOSES -3- 1318 ZONE TO LESS THAN TWO HUNDRED FEET FROM A SCHOOL PROPERTY BOUNDARY .ACOUNTY ,CITYANDCOUNTY ,OR MUNICIPALITY SHALLNOT REDUCE THE SIZE OF ATHIS SCHOOLSECTION ZONE WITHOUT FIRST HOLDING A PUBLIC HEARING .

(5)A NOTHINGCOUNTY IN, THIS SECTION PROHIBITS A COUNT,CITYCITY AND COUNTY ,ORMUNICIPALITYFROMINCREASINGTHESIZEOFASCHOOLZONE, TO LARGER THAN ONE THOUSAND FEET FROM A SCHOOL PROPERTY BOUNDARY OR ,INMUNICIPALITY COLLABORATIONHAS WITHTHE AAUTHORITY LOCALSCHOOLBOARDTO FROMDETERMINE RAISINGWHICH REVENUESCHOOLS THROUGH BONDING TO FINANCEINCLUDE INCREASEDON SCHOOLTHE ZONELIST. SIGNAGE.

(4) A COUNTY , CITY AND COUNTY ,OR MUNICIPALITY THAT HAS JURISDICTION OVER A SCHOOL ZONE MAY REDUCE THE SIZE OF THE SCHOOL ZONE TO EXTEND TO LESS THAN ONE THOUSAND FEET FROM A SCHOOL PROPERTY BOUNDARY BUT SHALL NOT REDUCE THE SIZE OF THE SCHOOL ZONE TO LESS THAN TWO HUNDRED FEET FROM A SCHOOL PROPERTY BOUNDARY .

ACOUNTY ,CITY AND COUNTY ,OR MUNICIPALITY SHALL NOT REDUCE THE SIZE OF A SCHOOL ZONE WITHOUT FIRST HOLDING A PUBLIC HEARING .

(5) N OTHING IN THIS SECTION PROHIBITS A COUNTY ,CITY AND COUNTY ,OR MUNICIPALITY FROM INCREASING THE SIZE OF A SCHOOL ZONE TO LARGER THAN ONE THOUSAND FEET FROM A SCHOOL PROPERTY BOUNDARY OR ,IN COLLABORATION WITH A LOCAL SCHOOL BOARD ,FROM RAISINGREVENUETHROUGHBONDINGTOFINANCEINCREASEDSCHOOLZONE SIGNAGE .

Automated vehicle identification systems - school buses - safe route to school - exceptions to liability - penalty - contractingcontracting-limitsonuseofphotographsandvideo-rules-legislative - limits on use of photographs and video - rules - legislative declaration - definitions.

(a)(a)(II) (II)"Automatedvehicleidentificationsystem"includesasystem "Automated vehicle identification system" includes a system used to detect a violation of part 11 of this article 4 or a local speed ordinance;ordinance;asystemusedtodetectviolations of trafficrestrictionsimposed by traffic signals or traffic signs;

a system used to detect violationsthe overtaking of traffica restrictionsstopped imposedschool bybus trafficwith signalsactuated orvisual trafficsignal signs;lights in violation of PAGE 3-HOUSE BILL 26-1318 section 42-4-1903 (1)(a);A SYSTEM USED TO DETECT A MOVING TRAFFIC VIOLATION IN A SCHOOL ZONE OR ALONG A SAFE ROUTE TO SCHOOL ;

a system used to detect the overtaking of a stopped school bus with actuated visual signal lights in violation of section 42-4-1903 (1)(a);STEM USED TO DETECT A MOVING TRAFFIC VIOLATION IN A SCHOOL ZONE OR ALONG A SAFE ROUTE TO SCHOOL;

-4- 1318 (a.5) "SAFE ROUTE TO SCHOOL "MEANS" MEANS A ROADWAY THAT IS FREQUENTEDBYPEDESTRIANSANDBICYCLISTSONTHEIRWAYTOORFROMFREQUENTED BY PEDESTRIANS AND BICYCLISTS ON THEIR WAY TO OR FROM A NEARBY SCHOOL THAT A COUNTY , A CITY AND COUNTY , OR A MUNICIPALITY DESIGNATES TO INCREASE PEDESTRIAN AND BICYCLIST SAFETY.SAFETY .

(2) A county, city and county, or municipality may adopt an ordinanceordinanceauthorizingtheuseofanautomatedvehicleidentificationsystem authorizing the use of an automated vehicle identification system to detect violations of traffic regulations adopted by the county, cityandcity and county, or municipality, or the state, a county, a cityandcity and county, or a municipality may utilize an automated vehicle identification system to detectdetecttrafficviolationsunderstatelaw,subjecttothefollowingconditions traffic violations under state law, subject to the following conditions and limitations and, as applicable, the requirements for state highways set forthforthinand inanyrules and any rules adopted bybythe the department of transportationtransportationpursuant pursuant to subsection (2.5) of this section:

(g) (III) This subsection (2)(g) does not apply to an automated vehicle identification systemdesignedsystem designed to detect disobedience to a traffic control signal, oreorhe overtaking of a school bus with actuated visual signal lights,Alights,OR A MOVING VIOLATION ALONG A SAFE ROUTE TO SCHOOL SECTION. 4.

SECTION 4.

(1) ASUSEDINTHISSECTION,"SCHOOLSTREETAS "MEANSAPORTIONUSED IN THIS SECTION , SCHOOL STREET " MEANS A PORTION OF A ROADWAY IMMEDIATELY ADJACENT TO A SCHOOL PROPERTY BOUNDARY THAT IS DESIGNATED AS A SCHOOL STREE.STREET .

(2) A COUNTY , CITY AND COUNTY , OR MUNICIPALITY MAY DESIGNATE A ROADWAY AS A SCHOOL STREET ;EXCEPT THAT A STATE -5- 1318 HIGHWAY ,ASDEFINEDINSECTION 42-4-110.5MUSTNOTBEDESIGNATED42-4-110.5, ASASCHOOLSTREETMUSTNOTBEDESIGNATEDAS ,UNLESSDESIGNATEDINACCORDANCEWITHSECTIONA SCHOOL STREET ,UNLESS DESIGNATED IN ACCORDANCE WITH SECTION 42-4-615 (2).

PAGE 4-HOUSE BILL 26-1318 (3) ACOUNTYA ,CITYCOUNTY , CITY AND COUNTY ,OR MUNICIPALITY SHALL NOT DESIGNATEAROADWAYTHATDIRECTLYCONNECTSTOASTATEHIGHWAYDESIGNATE ASA ROADWAY THAT DIRECTLY CONNECTS TO A SCHOOLSTATE STREETHIGHWAY ASASCHOOLSTREET WITHOUT THE WRITTEN APPROVALAPPROVALOFTHE OF THE C OLORADO DEPARTMENT OF TRANSPORTATION .

(4) A COUNTY ,CITY, CITY AND COUNTY ,OR, OR MUNICIPALITY THAT DESIGNATES A ROADWAY AS A SCHOOL STREET MAY CLOSE THE SCHOOL STREET TO VEHICLE.VEHICLES .

(5) ALLALLVEHICLESTRAVELINGALONGASCHOOLSTREETSHALLYIELD VEHICLESTHERIGHT TRAVELING-OF-WAYTOAPEDESTRIAN ALONG,BICYCLIST,ORMICROMOBILITYUSER A. SCHOOL STREET SHALL YIELD THE RIGHT-OF-WAY TO A PEDESTRIAN, BICYCLIS, OR MICROMOBILITY USER.A BICYCLIST OR OPERATOR OF A MICROMOBILITY DEVICE SHALL YIELD THE RIG-OF-WAY TO A PEDESTRIAN ON A SCHOOL STREET.

(6)A ASTATEORLOCALGOVERNMENTHAVINGJURISDICTIONOVERBICYCLIST THEOR PLACEMENTOPERATOR OF TRAFFIC SIGNS AND TRAFFIC CONTROL DEVICES ON A SCHOOLSTREETSHALLPOSTCONSPICUOUSTRAFFICSIGNSINDICATINGANMICROMOBILITY AREADEVICE DESIGNATEDSHALL ASYIELD ATHE SCHOOLRIGHT-OF STREETWAY ASTO A SCHOOLPEDESTRIAN STRE.T (7) HEMAXIMUMSPEEDLIMITONASCHOOLSTREETISTENMILES PERHOUR .A STATEORLOCALGOVERNMENTHAVINGJURISDICTIONOVER THE PLACEMENT OF TRAFFIC SIGNS SHALL POST SPEED LIMIT SIGNS ON A SCHOOL STREET.STREET .

(8)(6) SECTIONS42-4-801,42-4-803ANDA 42-4-805(1)ANDSTATE (2)DOOR NOTLOCAL APPLYGOVERNMENT TOHAVING JURISDICTION OVER THE PLACEMENT OF TRAFFIC SIGNS AND TRAFFIC CONTROL DEVICES ON A SCHOOL STREETS.STREET SHALL POST CONSPICUOUS TRAFFIC SIGNS INDICATING AN AREA DESIGNATED AS A SCHOOL STREET AS A SCHOOL STREET .