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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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 shallPage 2, Line 5be applicable and uniform throughout this state and in all political
Page 2, Line 6subdivisions and municipalities.
therein.Page 2, Line 7cities and towns, and counties shall regulate and enforce all traffic and
Page 2, Line 8parking restrictions on streets
whichPage 2, Line 9in section 43-2-135 (1)(g),
C.R.S.,Page 2, Line 10enforce traffic regulations on other roads and streets within their
Page 2, Line 11respective jurisdictions. All such regulations
shall bePage 2, Line 12(d) (I)
In no event shallby ordinancePage 2, Line 13(A) The driving of
vehicles by personsPage 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.,Page 3, Line 3a degree that renders
any suchPage 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.,Page 3, Line 6(B) The
registration of vehicles and thePage 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;Page 3, Line 9(II)
but saidPage 3, Line 10shall enforce the state laws pertaining to
thesePage 3, Line 11subsection (1)(d)(I) of this section, and in every charge of violation
Page 3, Line 12the complaint
shallPage 3, Line 13(3)
Noor pleading guilty toPage 3, Line 14a municipal traffic ordinance
shallPage 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, add42-3-128 as follows:
Page 4, Line 342-3-128. Registration violations - waiver - forms and rules -
Page 4, Line 4repeal.(1) (a) If a trailer, semitrailer, or motor vehicle has not
Page 4, Line 5been registered in violation of section 42-3-103 (1) or (4),
Page 4, Line 642-3-114, 42-3-115, or 42-6-140 or of the rules of the department implementing section 42-3-102, the department shall waive:
Page 4, Line 7(I) The past-due specific ownership tax if the individual
Page 4, Line 8demonstrates that the individual's household has an income
Page 4, Line 9that is one hundred fifty percent or less below the current federal poverty line for the household; or
Page 4, Line 10(II) The past-due fees, late fees, and past-due specific
Page 4, Line 11ownership tax if the individual demonstrates that the
Page 4, Line 12individual's household has an income that is one hundred
Page 4, Line 13percent or less below the current federal poverty line for the household.
Page 4, Line 14(b) To receive a waiver under subsection (1)(a) of this
Page 4, Line 15section, the individual must verify the individual's household
Page 4, Line 16income to the department using a third-party income
Page 4, Line 17verification, including a court of competent jurisdiction, the
Page 4, Line 18federal internal revenue service, the department, or a
Page 4, Line 19third-party income verification service licensed or approved for use in this state.
Page 4, Line 20(2) The department may adopt rules to implement
Page 4, Line 21subsections (1)(b) and (1)(c) of this section.
Page 5, Line 1(3) Beginning in January 2028, and in January every year
Page 5, Line 2thereafter, the department shall include, as part of its
Page 5, Line 3presentation during its "SMART Act" hearing required by
Page 5, Line 4section 2-7-203, information concerning the number of waivers
Page 5, Line 5granted in accordance with this section and the amount of the
Page 5, Line 6waived past-due fees, the amount of the waived past-due specific ownership tax, and the amount of the waived penalties.
Page 5, Line 7(4) This section is repealed, effective January 1, 2028.
Page 5, Line 8SECTION 4. In Colorado Revised Statutes, add 42-4-1720 as follows:
Page 5, Line 942-4-1720. Registration violations - dismissal upon compliance
Page 5, Line 10- notice required. (1) A court may dismiss a violation for failing
Page 5, Line 11to register a vehicle, trailer, semitrailer, or motor vehicle in
Page 5, Line 12violation of section 42-3-103 (1) or (4), 42-3-114, 42-3-115, or
Page 5, Line 1342-6-140 or of the rules of the department implementing section 42-3-102 if:
Page 5, Line 14(a) The vehicle, trailer, semitrailer, or motor vehicle was
Page 5, Line 15unregistered for no more than four months at the time of the violation;
Page 5, Line 16(b) The owner registered the vehicle, trailer, semitrailer,
Page 5, Line 17or motor vehicle before the owner's first court date as listed on the citation or summons; and
Page 5, Line 18(c) The owner pays to the court a thirty-dollar administrative dismissal fee.
Page 5, Line 19(2) A citation or summons forms used by law enforcement
Page 5, Line 20to charge a person for a violation described in the introductory
Page 5, Line 21portion of subsection (1) of this section must include the following notice on the copy given to the defendant's copy:
Page 6, Line 1If this citation or summons contains an offense for
Page 6, Line 2violating registration requirements for a trailer,
Page 6, Line 3semitrailer, or motor vehicle, you may be eligible to
Page 6, Line 4have the registration charge DISMISSED by the
Page 6, Line 5Court if the registration that led to this citation
Page 6, Line 6or summons is expired for four (4) months or less at
Page 6, Line 7the time of the violation and if you obtain or renew
Page 6, Line 8the trailer, semitrailer, or motor vehicle
Page 6, Line 9registration prior to the first court date listed on
Page 6, Line 10this citation/summons. If this offense is dismissed by
Page 6, Line 11the Court, the Court will require a $30 administrative dismissal fee to be paid to the Court.
Page 6, Line 12SECTION 5. Act subject to petition - effective date -
Page 6, Line 13applicability. (1) This act takes effect July 1, 2027; except that, if a
Page 6, Line 14referendum petition is filed pursuant to section 1 (3) of article V of the
Page 6, Line 15state constitution against this act or an item, section, or part of this act
Page 6, Line 16within the ninety-day period after final adjournment of the general
Page 6, Line 17assembly, then the act, item, section, or part will not take effect unless
Page 6, Line 18approved by the people at the general election to be held in November
Page 6, Line 192026 and, in such case, will take effect July 1, 2027, or on the date of the
Page 6, Line 20official declaration of the vote thereon by the governor, whichever is later.
Page 6, Line 21(2) This act applies to offenses committed on or after the applicable effective date of this act.