House Bill 25-1112 Preamended

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

• Page 4, Line 442-4-1720.  Registration violations - dismissal upon compliance

• Page 4, Line 5- notice required. (1)  A court may dismiss a violation for failing

• Page 4, Line 6to register a vehicle, trailer, semitrailer, or motor vehicle in

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

• Page 4, Line 842-6-140 or of the rules of the department implementing section 42-3-102 if:

• Page 4, Line 9(a)  The vehicle, trailer, semitrailer, or motor vehicle was

• Page 4, Line 10unregistered for no more than four months at the time of the violation;

• Page 4, Line 11(b)  The owner registered the vehicle, trailer, semitrailer,

• Page 4, Line 12or motor vehicle before the owner's first court date as listed on the citation or summons; and

• Page 4, Line 13(c)  The owner pays to the court a thirty-dollar administrative dismissal fee.

• Page 4, Line 14(2)  A peace officer who charges a person for a violation

• Page 4, Line 15described in the introductory portion of subsection (1) of this

• Page 4, Line 16section must notify the defendant of the opportunity to have

• Page 4, Line 17the charge dismissed by the court, if the registration that led to

• Page 4, Line 18the citation or summons is expired for four months or less at the

• Page 4, Line 19time of the violation and if registration is renewed prior to the first court date listed on the citation or summons, by either:

• Page 4, Line 20(a)  Oral means if notification by electronic means on the citation is not implemented; or

• Page 5, Line 1(b)  Electronic means on the citation if implemented.

• Page 5, Line 2SECTION 4.  Act subject to petition - effective date -

• Page 5, Line 3applicability. (1)  This act takes effect July 1, 2027; except that, if a

• Page 5, Line 4referendum petition is filed pursuant to section 1 (3) of article V of the

• Page 5, Line 5state constitution against this act or an item, section, or part of this act

• Page 5, Line 6within the ninety-day period after final adjournment of the general

• Page 5, Line 7assembly, then the act, item, section, or part will not take effect unless

• Page 5, Line 8approved by the people at the general election to be held in November

• Page 5, Line 92026 and, in such case, will take effect July 1, 2027, or on the date of the

• Page 5, Line 10official declaration of the vote thereon by the governor, whichever is later.

• Page 5, Line 11(2)  This act applies to offenses committed on or after the applicable effective date of this act.