House Bill 25-1112 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the enforcement of certain motor vehicle

• Page 1, Line 102statutes related to the failure to register a vehicle.

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.)

The bill authorizes local authorities to enforce the requirement that a vehicle, trailer, semitrailer, or motor vehicle (vehicle) be registered. A conviction by a local authority does not bar a subsequent state prosecution if the subsequent prosecution does not arise from the same event.

A court will waive the following for a violation concerning a failure to register a vehicle:

• The penalties imposed for the violation if the court finds that the failure to register the vehicle was for good cause;
• The past-due specific ownership tax if the person demonstrates that the person's household had an income that was 150% or less below the current federal poverty line when the violation occurred; or
• The past-due fees, past-due specific ownership tax, and penalties if the person demonstrates that the person's household had an income that was 100% or less below the current federal poverty line when the violation occurred.

The department of revenue will adopt forms and rules to implement the bill. Current law requires each court to send an abstract of each conviction to the department for the person's driving record. The bill requires this abstract to include any waivers granted under the bill and the amount of the waivers. The department will include information regarding the number and amount of waivers granted in its "SMART Act" hearing.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 42-4-110, amend (1) introductory portion, (1)(d), and (3) as follows:

• Page 2, Line 342-4-110.  Provisions uniform throughout state - legislative

• Page 2, Line 4declaration. (1)  The provisions of this article shall This article 4 must

• Page 2, Line 5be applicable and uniform throughout this state and in all political

• Page 2, Line 6subdivisions and municipalities. therein. Cities and counties, incorporated

• Page 2, Line 7cities and towns, and counties shall regulate and enforce all traffic and

• Page 2, Line 8parking restrictions on streets which that are state highways as provided

• Page 2, Line 9in section 43-2-135 (1)(g), C.R.S., and all local authorities may enact and

• Page 2, Line 10enforce traffic regulations on other roads and streets within their

• Page 2, Line 11respective jurisdictions. All such regulations shall be are subject to the following conditions and limitations:

• Page 2, Line 12(d) (I)  In no event shall Local authorities do not have the power to enact by ordinance regulations governing:

• Page 2, Line 13(A)  The driving of vehicles by persons a vehicle by a person

• Page 3, Line 1under the influence of alcohol or of a controlled substance, as defined in

• Page 3, Line 2section 18-18-102 (5), C.R.S., or under the influence of any other drug to

• Page 3, Line 3a degree that renders any such the person incapable of safely operating

• Page 3, Line 4a vehicle, or by a person whose ability to operate a vehicle is impaired

• Page 3, Line 5by the consumption of alcohol or by the use of a controlled substance, as defined in section 18-18-102 (5), C.R.S., or any other drug;

• Page 3, Line 6(B)  The registration of vehicles and the licensing of drivers;

• Page 3, Line 7(C)  The duties and obligations of persons involved in traffic accidents; and

• Page 3, Line 8(D)  Vehicle equipment requirements in conflict with the provisions of this article; article 4.

• Page 3, Line 9(II)  but said Local authorities, within their respective jurisdictions,

• Page 3, Line 10shall enforce the state laws pertaining to these the subjects described in

• Page 3, Line 11subsection (1)(d)(I) of this section, and in every charge of violation

• Page 3, Line 12the complaint shall must specify the section of state law under which the charge is made and the state court having jurisdiction.

• Page 3, Line 13(3)  No A person convicted of or pleading guilty to a violation of

• Page 3, Line 14a municipal traffic ordinance shall is not subject to be charged or tried

• Page 3, Line 15in a state court for the same or a similar offense arising from the same event.

• Page 3, Line 16SECTION 2.  In Colorado Revised Statutes, 42-4-111, add (1)(gg) as follows:

• Page 3, Line 1742-4-111.  Powers of local authorities. (1)  Except as otherwise

• Page 3, Line 18provided in subsection (2) of this section, this article 4 does not prevent

• Page 3, Line 19local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from:

• Page 3, Line 20(gg)  Enforcing the requirement that a vehicle, trailer,

• Page 4, Line 1semitrailer, or motor vehicle be registered as required in article 3 of this title 42.

• Page 4, Line 2SECTION 3.  In Colorado Revised Statutes, add 42-4-1720 as follows:

• Page 4, Line 342-4-1720.  Registration violations - waiver - forms and rules.

• Page 4, Line 4(1)  A court shall waive the following past-due fees, past-due

• Page 4, Line 5specific ownership tax, or penalties for failing to register a

• Page 4, Line 6vehicle, trailer, semitrailer, or motor vehicle in violation of

• Page 4, Line 7section 42-3-103 (1) or (4), 42-3-114, 42-3-115, or 42-6-140 or of the

• Page 4, Line 8rules of the department implementing section 42-3-102 if the

• Page 4, Line 9person that failed to register the vehicle, trailer, semitrailer, or motor vehicle makes the following showings:

• Page 4, Line 10(a)  The court shall waive the penalties, including the

• Page 4, Line 11penalties in section 42-3-112 or 42-4-1701, imposed for the

• Page 4, Line 12violation if the court finds that the failure to register the

• Page 4, Line 13vehicle was for good cause, including those causes listed in section 42-3-112 (1.5).

• Page 4, Line 14(b)  The court shall waive the past-due specific ownership

• Page 4, Line 15tax if the person demonstrates, using a department form, that

• Page 4, Line 16the person's household had an income that is one hundred fifty

• Page 4, Line 17percent or less below the current federal poverty line for the household when the violation occurred.

• Page 4, Line 18(c)  The court shall waive the past-due fees, past-due

• Page 4, Line 19specific ownership tax, and penalties if the person demonstrates,

• Page 4, Line 20using a department form, that the person's household had an

• Page 4, Line 21income that is one hundred percent or less below the current

• Page 4, Line 22federal poverty line for the household when the violation occurred.

• Page 5, Line 1(2)  The department shall adopt forms and rules to implement subsections (1)(b) and (1)(c) of this section.

• Page 5, Line 2(3)  Beginning in January 2028, and in January every year

• Page 5, Line 3thereafter, the department shall include, as part of its

• Page 5, Line 4presentation during its "SMART Act" hearing required by

• Page 5, Line 5section 2-7-203, information concerning the number of waivers

• Page 5, Line 6granted in accordance with this section and the amount of the

• Page 5, Line 7waived past-due fees, the amount of the waived past-due specific ownership tax, and the amount of the waived penalties.

• Page 5, Line 8SECTION 4.  In Colorado Revised Statutes, 42-4-1715, amend (3) as follows:

• Page 5, Line 942-4-1715.  Convictions, judgments, and charges recorded -

• Page 5, Line 10public inspection. (3)  Said The abstract submitted in accordance with subsection (2) of this section must:

• Page 5, Line 11(a)  Be made upon a form furnished by the department;

• Page 5, Line 12(b)  and shall Include the name, address, and driver's license number of the party charged;

• Page 5, Line 13(c)  Include the registration number of the vehicle involved;

• Page 5, Line 14(d)  Include the nature of the offense, the date of hearing, the

• Page 5, Line 15plea, the judgment or whether bail was forfeited, and the amount of the fine or forfeiture; and

• Page 5, Line 16(e)  Include any waiver granted in accordance with

• Page 5, Line 17section 42-4-1720 and the amount of the waived past-due fees, the

• Page 5, Line 18amount of the waived past-due specific ownership tax, and the amount of the waived penalties.

• Page 5, Line 19SECTION 5.  Act subject to petition - effective date -

• Page 6, Line 1applicability. (1)  This act takes effect July 1, 2027; except that, if a

• Page 6, Line 2referendum petition is filed pursuant to section 1 (3) of article V of the

• Page 6, Line 3state constitution against this act or an item, section, or part of this act

• Page 6, Line 4within the ninety-day period after final adjournment of the general

• Page 6, Line 5assembly, then the act, item, section, or part will not take effect unless

• Page 6, Line 6approved by the people at the general election to be held in November

• Page 6, Line 72026 and, in such case, will take effect July 1, 2027, or on the date of the

• Page 6, Line 8official declaration of the vote thereon by the governor, whichever is later.

• Page 6, Line 9(2)  This act applies to offenses committed on or after the applicable effective date of this act.