House Bill 04-1262

BY REPRESENTATIVE(S) Lundberg, Butcher, Hall, Spence, Spradley, and Welker;

also SENATOR(S) Cairns, Entz, Lamborn, and Teck.

CONCERNING A REQUIREMENT THAT A JURISDICTION POST A NOTICE WHEN USING AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM TO DETECT TRAFFIC CONTROL SIGNAL DISOBEDIENCE.

SECTION 1. 42-4-110.5 (2) (d), Colorado Revised Statutes, is amended to read:

42-4-110.5. Automated vehicle identification systems. (2) A municipality may adopt an ordinance authorizing the use of an automated vehicle identification system to detect violations of traffic regulations adopted by the municipality, or the state, a county, a city and county, or a municipality may utilize an automated vehicle identification system to detect traffic violations under state law, subject to the following conditions and limitations:
(d) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (d), the state, a county, a city and county, or a municipality may not use an automated vehicle identification system unless there is posted an appropriate temporary sign in a conspicuous place not fewer than three hundred feet before the area in which the automated vehicle identification device is to be used notifying the public that an automated vehicle identification device is in use immediately ahead. The requirement of this subparagraph (I) shall not be deemed satisfied by the posting of a permanent sign or signs at the borders of a county, city and county, or municipality, nor by the posting of a permanent sign in an area in which an automated vehicle identification device is to be used, but this subparagraph (I) shall not be deemed a prohibition against the posting of such permanent signs.
(II) This paragraph (d) shall not apply to An automated vehicle identification system designed to detect violations for disobedience to a traffic control signal SHALL NOT BE USED UNLESS THE STATE, A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY USING SUCH SYSTEM CONSPICUOUSLY POSTS A SIGN AT A REASONABLE DISTANCE NOTIFYING THE PUBLIC THAT AN AUTOMATED VEHICLE IDENTIFICATION DEVICE IS IN USE IMMEDIATELY AHEAD.

SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution (August 4, 2004, if adjournment sine die is on May 5, 2004); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

____________________________                    ____________________________
Lola Spradley                                                                                         John Andrews
SPEAKER OF THE HOUSE                                                            PRESIDENT OF
OF REPRESENTATIVES                                                                    THE SENATE

____________________________                    ____________________________
Judith Rodrigue                                                                                        Mona Heustis
CHIEF CLERK OF THE HOUSE                                                  SECRETARY OF
OF REPRESENTATIVES                                                                    THE SENATE

APPROVED________________________________________

_________________________________________
Bill Owens
GOVERNOR OF THE STATE OF COLORADO

Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.
NOTE: This bill has been prepared for the signature of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.