6 | | - | ONCERNING MOTOR VEHICLES THAT OPERATE ON THE ROADWAY WITH |
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7 | | - | FEWER THAN FOUR WHEELS IN CONTACT WITH THE ROADWAY |
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8 | | - | , AND, |
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9 | | - | IN CONNECTION THEREWITH, MAKING AN APPROPRIATION. |
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10 | | - | |
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11 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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12 | | - | SECTION 1. In Colorado Revised Statutes, 42-1-102, amend (7.5), |
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13 | | - | (55), and (58) as follows: |
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14 | | - | 42-1-102. Definitions. As used in articles 1 to 4 of this title 42, |
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15 | | - | unless the context otherwise requires: |
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16 | | - | (7.5) (a) "Autocycle" means a three-wheeled motorcycle that does |
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17 | | - | not use handlebars or any other device that is directly connected to a single |
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18 | | - | front wheel to steer and MOTOR VEHICLE in which the driver and each |
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19 | | - | passenger ride in a fully or partly enclosed seating area that is equipped with |
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20 | | - | safety belts for all occupants that constitute a safety belt system, as defined |
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21 | | - | in section 42-4-237 (1)(b). For purposes of |
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22 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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23 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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24 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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25 | | - | history, or the Session Laws. |
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26 | | - | ________ |
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27 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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28 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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29 | | - | the act. (b) AS USED IN this subsection (7.5), "partly enclosed seating area" |
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30 | | - | means a seating area that is entirely or partly surrounded on the sides by the |
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31 | | - | frame or body of a vehicle but is not fully enclosed. |
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| 14 | + | ONCERNING MOTOR VEHICLES TH AT OPERATE ON THE ROADWAY101 |
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| 15 | + | WITH FEWER THAN FOUR WHEELS IN CONTACT WITH THE102 |
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| 16 | + | ROADWAY, AND, IN CONNECTION THEREWITH, MAKING AN103 |
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| 17 | + | APPROPRIATION.104 |
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| 18 | + | Bill Summary |
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| 19 | + | (Note: This summary applies to this bill as introduced and does |
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| 20 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 21 | + | passes third reading in the house of introduction, a bill summary that |
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| 22 | + | applies to the reengrossed version of this bill will be available at |
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| 23 | + | http://leg.colorado.gov |
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| 24 | + | .) |
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| 25 | + | Current law defines an autocycle as a motorcycle. Section 1 of the |
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| 26 | + | bill removes autocycle from the definition of motorcycle. The definition |
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| 27 | + | of motorcycle is changed to add that a motorcycle needs to have |
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| 28 | + | SENATE |
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| 29 | + | 3rd Reading Unamended |
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| 30 | + | April 5, 2022 |
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| 31 | + | SENATE |
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| 32 | + | Amended 2nd Reading |
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| 33 | + | April 4, 2022 |
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| 34 | + | HOUSE |
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| 35 | + | 3rd Reading Unamended |
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| 36 | + | February 22, 2022 |
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| 37 | + | HOUSE |
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| 38 | + | Amended 2nd Reading |
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| 39 | + | February 18, 2022 |
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| 40 | + | HOUSE SPONSORSHIP |
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| 41 | + | Pico, Gray, Titone, Valdez D. |
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| 42 | + | SENATE SPONSORSHIP |
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| 43 | + | Hisey and Ginal, Bridges, Cooke, Gardner, Holbert, Liston, Simpson, Smallwood |
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| 44 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 45 | + | Capital letters or bold & italic numbers indicate new material to be added to existing statute. |
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| 46 | + | Dashes through the words indicate deletions from existing statute. handlebars to steer and has a seat the rider sits astride. The definition of |
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| 47 | + | autocycle is also changed to clarify that an autocycle doesn't use |
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| 48 | + | handlebars directly connected to the front tire or tires to steer. In |
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| 49 | + | removing autocycle from the definition of motorcycle, the bill makes the |
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| 50 | + | following clarifications and changes: |
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| 51 | + | ! Section 2 clarifies that the driver of an autocycle need not |
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| 52 | + | have a motorcycle endorsement regardless of the |
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| 53 | + | autocycle's maximum speed and that all 3-wheel |
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| 54 | + | motorcycle drivers need a general or limited motorcycle |
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| 55 | + | endorsement; |
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| 56 | + | ! Current law requires all motorcycle drivers to wear eye |
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| 57 | + | protection unless the motorcycle has 3 wheels, has a |
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| 58 | + | maximum speed of no more than 25 miles per hour, has a |
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| 59 | + | windshield, and has seatbelts. Section 3 clarifies that this |
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| 60 | + | exception applies to drivers of autocycles, not motorcycles, |
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| 61 | + | fitting that description. |
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| 62 | + | ! Current law requires a motorcycle driver who is under 18 |
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| 63 | + | years of age to wear a helmet unless the motorcycle has 3 |
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| 64 | + | wheels, has a maximum speed of no more than 25 miles per |
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| 65 | + | hour, has a windshield, and has seatbelts. Section 4 |
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| 66 | + | clarifies that this exception applies to autocycles, not |
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| 67 | + | motorcycles, fitting that description. |
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| 68 | + | ! Current law imposes a fee of $4 to register motorcycles for |
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| 69 | + | motorcycle operator safety training. Redefining autocycles |
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| 70 | + | as not being motorcycles means that autocycle owners will |
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| 71 | + | not pay the fee. |
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| 72 | + | ! Section 5 removes the authorization for 2 autocycles to |
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| 73 | + | drive abreast in one lane. |
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| 74 | + | Sections 6 through 31 make conforming amendments. |
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| 75 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 76 | + | SECTION 1. In Colorado Revised Statutes, 42-1-102, amend2 |
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| 77 | + | (7.5), (55), and (58) |
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| 78 | + | as follows:3 |
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| 79 | + | 42-1-102. Definitions. As used in articles 1 to 4 of this title 42,4 |
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| 80 | + | unless the context otherwise requires:5 |
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| 81 | + | (7.5) (a) "Autocycle" means a three-wheeled motorcycle that does6 |
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| 82 | + | not use handlebars or any other device that is directly connected to a7 |
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| 83 | + | single front wheel to steer and MOTOR VEHICLE in which the driver and8 |
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| 84 | + | 1043-2- each passenger ride in a fully or partly enclosed seating area that is1 |
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| 85 | + | equipped with safety belts for all occupants that constitute a safety belt2 |
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| 86 | + | system, as defined in section 42-4-237 (1)(b). For purposes of3 |
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| 87 | + | (b) A |
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| 88 | + | S USED IN this subsection (7.5), "partly enclosed seating area"4 |
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| 89 | + | means a seating area that is entirely or partly surrounded on the sides by5 |
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| 90 | + | the frame or body of a vehicle but is not fully enclosed.6 |
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39 | | - | Is designed to travel on not more than three wheels in |
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40 | | - | contact with the ground. |
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41 | | - | (b) except that the term "MOTORCYCLE" does not include a farm |
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42 | | - | tractor, low-speed electric vehicle, or low-power scooter. |
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43 | | - | (58) "Motor vehicle" means any self-propelled vehicle that is |
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44 | | - | designed primarily for travel on the public highways and that is generally |
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45 | | - | and commonly used to transport persons and property over the public |
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46 | | - | highways, or |
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47 | | - | a low-speed electric vehicle, OR AN AUTOCYCLE; except that |
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48 | | - | the term does not include electrical assisted bicycles, electric scooters, |
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49 | | - | low-power scooters, wheelchairs, or vehicles moved solely by human |
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50 | | - | power. For the purposes of the offenses described in sections 42-2-128, |
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51 | | - | 42-4-1301, 42-4-1301.1, and 42-4-1401 for farm tractors and off-highway |
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52 | | - | vehicles, as defined in section 33-14.5-101 (3), operated on streets and |
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53 | | - | highways, "motor vehicle" includes a farm tractor or an off-highway vehicle |
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54 | | - | that is not otherwise classified as a motor vehicle. For the purposes of |
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55 | | - | sections 42-2-127, 42-2-127.7, 42-2-128, 42-2-138, 42-2-206, 42-4-1301, |
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56 | | - | and 42-4-1301.1, "motor vehicle" includes a low-power scooter. |
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57 | | - | SECTION 2. In Colorado Revised Statutes, 42-2-103, amend |
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58 | | - | (1)(b), (1)(d), and (1)(e); and repeal (2.5) as follows: |
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59 | | - | 42-2-103. Motorcycles - autocycles - low-power scooters - |
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60 | | - | driver's license required. (1) (b) The department shall require an |
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61 | | - | applicant for a general motorcycle endorsement to demonstrate the |
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62 | | - | applicant's ability to exercise ordinary and reasonable care and control in the |
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63 | | - | operation of a motorcycle. that is not an autocycle. |
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64 | | - | The department shall |
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65 | | - | PAGE 2-HOUSE BILL 22-1043 also require an applicant for a limited three-wheel motorcycle endorsement |
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66 | | - | to demonstrate the applicant's ability to exercise ordinary and reasonable |
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67 | | - | care and control in the operation of a three-wheel motorcycle. that is not an |
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68 | | - | autocycle. |
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69 | | - | (d) Except as provided in subsection (1)(e) of this section, a person |
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70 | | - | with only a limited three-wheel motorcycle endorsement may drive a |
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71 | | - | three-wheel motorcycle that is not an autocycle |
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72 | | - | but shall not drive a |
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73 | | - | two-wheel motorcycle on a roadway. |
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| 99 | + | Is designed to travel on not more than three wheels in11 |
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| 100 | + | contact with the ground. 12 |
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| 101 | + | (b) except that the term "MOTORCYCLE" does not include a farm13 |
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| 102 | + | tractor, low-speed electric vehicle, or low-power scooter.14 |
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| 103 | + | (58) "Motor vehicle" means any self-propelled vehicle that is15 |
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| 104 | + | designed primarily for travel on the public highways and that is generally16 |
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| 105 | + | and commonly used to transport persons and property over the public17 |
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| 106 | + | highways, or a low-speed electric vehicle, OR AN AUTOCYCLE; except that18 |
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| 107 | + | the term does not include electrical assisted bicycles, electric scooters,19 |
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| 108 | + | low-power scooters, wheelchairs, or vehicles moved solely by human20 |
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| 109 | + | power. For the purposes of the offenses described in sections 42-2-128,21 |
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| 110 | + | 42-4-1301, 42-4-1301.1, and 42-4-1401 for farm tractors and off-highway22 |
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| 111 | + | vehicles, as defined in section 33-14.5-101 (3), operated on streets and23 |
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| 112 | + | highways, "motor vehicle" includes a farm tractor or an off-highway24 |
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| 113 | + | vehicle that is not otherwise classified as a motor vehicle. For the25 |
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| 114 | + | purposes of sections 42-2-127, 42-2-127.7, 42-2-128, 42-2-138, 42-2-206,26 |
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| 115 | + | 42-4-1301, and 42-4-1301.1, "motor vehicle" includes a low-power27 |
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| 116 | + | 1043 |
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| 117 | + | -3- scooter.1 |
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| 118 | + | SECTION 2. In Colorado Revised Statutes, 42-2-103, amend2 |
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| 119 | + | (1)(b), (1)(d), and (1)(e); and repeal (2.5) as follows: 3 |
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| 120 | + | 42-2-103. Motorcycles - autocycles - low-power scooters -4 |
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| 121 | + | driver's license required. (1) (b) The department shall require an5 |
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| 122 | + | applicant for a general motorcycle endorsement to demonstrate the6 |
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| 123 | + | applicant's ability to exercise ordinary and reasonable care and control in7 |
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| 124 | + | the operation of a motorcycle. that is not an autocycle. The department8 |
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| 125 | + | shall also require an applicant for a limited three-wheel motorcycle9 |
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| 126 | + | endorsement to demonstrate the applicant's ability to exercise ordinary10 |
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| 127 | + | and reasonable care and control in the operation of a three-wheel11 |
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| 128 | + | motorcycle. that is not an autocycle.12 |
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| 129 | + | (d) Except as provided in subsection (1)(e) of this section, a13 |
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| 130 | + | person with only a limited three-wheel motorcycle endorsement may14 |
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| 131 | + | drive a three-wheel motorcycle that is not an autocycle but shall not drive15 |
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| 132 | + | a two-wheel motorcycle on a roadway.16 |
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75 | | - | DRIVER OF AN AUTOCYCLE SHALL POSSESS A VALID DRIVER 'S |
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76 | | - | LICENSE OR MINOR DRIVER |
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77 | | - | 'S LICENSE. The driver of a motorcycle |
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78 | | - | AN |
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79 | | - | AUTOCYCLE |
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80 | | - | need not obtain a two- or three-wheel motorcycle endorsement. |
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81 | | - | if the motorcycle is an autocycle or if the motorcycle has: |
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82 | | - | (I) Three wheels; |
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83 | | - | (II) A maximum design speed of twenty-five miles per hour or less; |
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84 | | - | (III) A windshield; and |
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85 | | - | (IV) Seat belts. |
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86 | | - | (2.5) An operator of an autocycle shall possess a valid driver's |
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87 | | - | license or minor driver's license. |
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88 | | - | SECTION 3. In Colorado Revised Statutes, 42-4-232, amend (1)(a) |
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89 | | - | and (1)(b) introductory portion as follows: |
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90 | | - | 42-4-232. Minimum safety standards for motorcycles, |
---|
91 | | - | autocycles, and low-power scooters. (1) (a) Except as provided in |
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92 | | - | paragraph (b) of this subsection (1) SUBSECTION (1)(b) OF THIS SECTION, a |
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93 | | - | person shall not drive a motorcycle, |
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94 | | - | AUTOCYCLE, or low-power scooter on |
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95 | | - | a public highway unless the person and any passenger thereon |
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96 | | - | IN OR ON THE |
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| 134 | + | DRIVER OF AN AUTOCYCLE SHALL POSSESS A VALID DRIVER 'S17 |
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| 135 | + | LICENSE OR MINOR DRIVER'S LICENSE. The driver of a motorcycle |
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| 136 | + | AN18 |
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| 137 | + | AUTOCYCLE need not obtain a two- or three-wheel motorcycle19 |
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| 138 | + | endorsement. if the motorcycle is an autocycle or if the motorcycle has: 20 |
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| 139 | + | (I) Three wheels;21 |
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| 140 | + | (II) A maximum design speed of twenty-five miles per hour or22 |
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| 141 | + | less;23 |
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| 142 | + | (III) A windshield; and24 |
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| 143 | + | (IV) Seat belts.25 |
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| 144 | + | (2.5) An operator of an autocycle shall possess a valid driver's26 |
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| 145 | + | license or minor driver's license.27 |
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| 146 | + | 1043 |
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| 147 | + | -4- SECTION 3. In Colorado Revised Statutes, 42-4-232, amend1 |
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| 148 | + | (1)(a) and (1)(b) introductory portion as follows:2 |
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| 149 | + | 42-4-232. Minimum safety standards for motorcycles,3 |
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| 150 | + | autocycles, and low-power scooters. (1) (a) Except as provided in4 |
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| 151 | + | paragraph (b) of this subsection (1) SUBSECTION (1)(b) OF THIS SECTION,5 |
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| 152 | + | a person shall not drive a motorcycle, |
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| 153 | + | AUTOCYCLE, or low-power scooter6 |
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| 154 | + | on a public highway unless the person and any passenger thereon |
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| 155 | + | IN OR7 |
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| 156 | + | ON THE MOTORCYCLE, AUTOCYCLE, OR LOW-POWER SCOOTER is wearing8 |
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| 157 | + | goggles or eyeglasses with lenses made of safety glass or plastic; except9 |
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| 158 | + | that this subsection (1) does not apply to a person wearing a helmet10 |
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| 159 | + | containing eye protection made of safety glass or plastic.11 |
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| 160 | + | (b) A person driving or riding a motorcycle AN AUTOCYCLE need12 |
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| 161 | + | not wear eye protection if the motorcycle AUTOCYCLE has:13 |
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| 162 | + | SECTION 4. In Colorado Revised Statutes, 42-4-1502, amend14 |
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| 163 | + | (1), (4), (4.5)(a) introductory portion, (4.5)(a)(III), and (4.5)(c)15 |
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| 164 | + | introductory portion as follows:16 |
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| 165 | + | 42-4-1502. Motorcycles and autocycles - protective helmet.17 |
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| 166 | + | (1) A person operating DRIVING a motorcycle OR AUTOCYCLE shall ride18 |
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| 167 | + | only upon the permanent and regular seat attached thereto, and such19 |
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| 168 | + | operator TO THE MOTORCYCLE OR AUTOCYCLE . THE DRIVER OF A20 |
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| 169 | + | MOTORCYCLE OR AN AUTOCYCLE shall not carry any other person, nor21 |
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| 170 | + | shall any other AND ANOTHER person SHALL NOT ride on a motorcycle OR22 |
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| 171 | + | AUTOCYCLE, unless such motorcycle THE MOTORCYCLE OR AUTOCYCLE23 |
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| 172 | + | is designed to carry more than one person. In which event IF A24 |
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| 173 | + | MOTORCYCLE OR AUTOCYCLE IS DESIGNED TO CARRY MORE THAN ONE25 |
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| 174 | + | PERSON, a passenger may ride upon the permanent seat if THE PERMANENT26 |
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| 175 | + | SEAT IS designed for two persons or upon another seat firmly attached to27 |
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| 176 | + | 1043 |
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| 177 | + | -5- the motorcycle OR AUTOCYCLE at the rear or side of the operator.1 |
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| 178 | + | (4) No operator A DRIVER shall NOT carry any person, nor shall2 |
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| 179 | + | any AND ANOTHER person SHALL NOT ride, in a position that will interfere3 |
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| 180 | + | with the operation or control of the motorcycle |
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| 181 | + | OR AUTOCYCLE or the4 |
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| 182 | + | view of the operator.5 |
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| 183 | + | (4.5) (a) Except as provided in paragraph (c) of this subsection |
---|
| 184 | + | 6 |
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| 185 | + | (4.5) SUBSECTION (4.5)(c) OF THIS SECTION, a person shall not drive or7 |
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| 186 | + | ride as a passenger on a motorcycle, |
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| 187 | + | AUTOCYCLE, or low-power scooter8 |
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| 188 | + | on a roadway unless:9 |
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| 189 | + | (III) The protective helmet is secured properly on the person's head10 |
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| 190 | + | with a chin strap while the motorcycle, |
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| 191 | + | AUTOCYCLE, OR LOW-POWER11 |
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| 192 | + | SCOOTER is in motion.12 |
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| 193 | + | (c) A person driving or riding a motorcycle |
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| 194 | + | AN AUTOCYCLE need13 |
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| 195 | + | not wear a helmet if the motorcycle AUTOCYCLE has:14 |
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| 196 | + | SECTION 5. In Colorado Revised Statutes, 42-4-1503, amend15 |
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| 197 | + | (2) and (3) as follows:16 |
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| 198 | + | 42-4-1503. Operating motorcycles and autocycles on roadways17 |
---|
| 199 | + | laned for traffic. (2) The operator of a motorcycle |
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| 200 | + | OR AUTOCYCLE shall18 |
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| 201 | + | not overtake or pass in the same lane occupied by the vehicle being19 |
---|
| 202 | + | overtaken.20 |
---|
| 203 | + | (3) No |
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| 204 | + | A person shall NOT operate a motorcycle OR AUTOCYCLE21 |
---|
| 205 | + | between lanes of traffic or between adjacent lines or |
---|
| 206 | + | ROWS of vehicles.22 |
---|
| 207 | + | SECTION 6. In Colorado Revised Statutes, 10-4-635, amend (4)23 |
---|
| 208 | + | introductory portion and (4)(a) as follows:24 |
---|
| 209 | + | 10-4-635. Medical payments coverage - exceptions -25 |
---|
| 210 | + | definitions. (4) This section shall |
---|
| 211 | + | DOES not apply to:26 |
---|
| 212 | + | (a) A person obtaining an automobile liability or motor vehicle27 |
---|
| 213 | + | 1043 |
---|
| 214 | + | -6- policy insuring against loss resulting from the ownership, maintenance,1 |
---|
| 215 | + | or use of a motorcycle, |
---|
| 216 | + | AUTOCYCLE, low-power scooter, or toy vehicle,2 |
---|
| 217 | + | as defined in section 42-1-102; C.R.S., |
---|
| 218 | + | a snowmobile, as defined in3 |
---|
| 219 | + | section 33-14-101; C.R.S., or any vehicle designed primarily for use off4 |
---|
| 220 | + | the road or on rails;5 |
---|
| 221 | + | SECTION 7. In Colorado Revised Statutes, 42-3-116, amend6 |
---|
| 222 | + | (6)(b)(II) as follows:7 |
---|
| 223 | + | 42-3-116. Manufacturers or dealers - fees - rules - definition8 |
---|
| 224 | + | - penalty. (6) (b) (II) The |
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| 225 | + | DEPARTMENT SHALL ESTABLISH AND9 |
---|
| 226 | + | ANNUALLY ADJUST THE annual fee for full-use dealer plates shall be |
---|
| 227 | + | 10 |
---|
| 228 | + | established and adjusted annually by the department based on the average11 |
---|
| 229 | + | of specific ownership taxes and registration fees paid for passenger12 |
---|
| 230 | + | vehicles and light-duty trucks that are seven model years old or newer and13 |
---|
| 231 | + | that were registered during the one-year period preceding January 1 of14 |
---|
| 232 | + | each year. Such THE DEPARTMENT SHALL PRORATE THE annual fee shall15 |
---|
| 233 | + | be prorated on a monthly basis. The DEPARTMENT SHALL ESTABLISH AND16 |
---|
| 234 | + | ANNUALLY ADJUST THE annual fee for full-use dealer plates for17 |
---|
| 235 | + | motorcycles shall be established and adjusted annually by the department18 |
---|
| 236 | + | AND AUTOCYCLES based on the average of specific ownership taxes and19 |
---|
| 237 | + | registration fees paid for motorcycles |
---|
| 238 | + | AND AUTOCYCLES that are seven20 |
---|
| 239 | + | model years old or newer and that were registered during the one-year21 |
---|
| 240 | + | period preceding January 1 of each year. Such |
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| 241 | + | THE DEPARTMENT SHALL22 |
---|
| 242 | + | PRORATE THE annual fee for motorcycles shall be prorated AND23 |
---|
| 243 | + | AUTOCYCLES on a monthly basis.24 |
---|
| 244 | + | SECTION 8. In Colorado Revised Statutes, 42-3-201, amend25 |
---|
| 245 | + | (1)(a)(I)(D) and (1)(a)(I)(E); and add (1)(a)(I)(G) and (1)(a)(IV) as26 |
---|
| 246 | + | follows:27 |
---|
| 247 | + | 1043 |
---|
| 248 | + | -7- 42-3-201. Number plates furnished - style - periodic reissuance1 |
---|
| 249 | + | - tabs - rules. (1) (a) (I) The department shall issue to every owner2 |
---|
| 250 | + | whose vehicle is registered two number plates; except that the department3 |
---|
| 251 | + | shall issue one number plate for the following:4 |
---|
| 252 | + | (D) A vehicle drawn by a motor vehicle; or5 |
---|
| 253 | + | (E) An item of special mobile machinery; |
---|
| 254 | + | OR6 |
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| 255 | + | (G) A |
---|
| 256 | + | N AUTOCYCLE.7 |
---|
| 257 | + | (IV) THE DEPARTMENT SHALL ISSUE AN AUTOCYCLE A8 |
---|
| 258 | + | MOTORCYCLE LICENSE PLATE .9 |
---|
| 259 | + | SECTION 9. In Colorado Revised Statutes, 42-3-202, amend10 |
---|
| 260 | + | (1)(a) as follows:11 |
---|
| 261 | + | 42-3-202. Number plates furnished to be attached - penalty.12 |
---|
| 262 | + | (1) (a) (I) E |
---|
| 263 | + | XCEPT AS PROVIDED IN SUBSECTION (1)(a)(II) OF THIS13 |
---|
| 264 | + | SECTION, the owner shall attach the number plates assigned to a14 |
---|
| 265 | + | self-propelled vehicle other than a motorcycle or street rod vehicle, |
---|
| 266 | + | to the15 |
---|
| 267 | + | vehicle with one in the front and the other in the rear. 16 |
---|
| 268 | + | (II) The owner shall attach the number plate assigned to |
---|
| 269 | + | ANY OF17 |
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| 270 | + | THE FOLLOWING VEHICLES TO THE REAR OF THE VEHICLE :18 |
---|
| 271 | + | (A) A motorcycle;19 |
---|
| 272 | + | (B) A |
---|
| 273 | + | N AUTOCYCLE;20 |
---|
| 274 | + | (C) A street rod vehicle;21 |
---|
| 275 | + | (D) A trailer, semitrailer, |
---|
| 276 | + | OR other vehicle drawn by a motor22 |
---|
| 277 | + | vehicle; or 23 |
---|
| 278 | + | (E) Special mobile machinery. to the rear of the vehicle. |
---|
| 279 | + | 24 |
---|
| 280 | + | (III) The owner shall display number plates during the current25 |
---|
| 281 | + | registration year, except as otherwise provided in this article 3.26 |
---|
| 282 | + | SECTION 10. In Colorado Revised Statutes, 42-3-304, amend27 |
---|
| 283 | + | 1043 |
---|
| 284 | + | -8- (5) and (6)(a) as follows:1 |
---|
| 285 | + | 42-3-304. Registration fees - passenger-mile taxes - clean2 |
---|
| 286 | + | screen fund - pilot program - report - rules - definitions. (5) In lieu of3 |
---|
| 287 | + | registering each vehicle separately, a dealer in motorcycles |
---|
| 288 | + | OR4 |
---|
| 289 | + | AUTOCYCLES shall pay to the department an annual registration fee of5 |
---|
| 290 | + | twenty-five dollars for the first license plate issued pursuant to section6 |
---|
| 291 | + | 42-3-116 (1), a fee of seven dollars and fifty cents for each additional7 |
---|
| 292 | + | license plate so |
---|
| 293 | + | issued up to and including five such plates, and a fee of8 |
---|
| 294 | + | ten dollars for each license plate so issued in excess of five.9 |
---|
| 295 | + | (6) In lieu of registering each vehicle separately:10 |
---|
| 296 | + | (a) A dealer in motor vehicles, trailers, and semitrailers, except11 |
---|
| 297 | + | dealers in motorcycles |
---|
| 298 | + | OR AUTOCYCLES, shall pay to the department an12 |
---|
| 299 | + | annual fee of thirty dollars for the first license plate issued pursuant to13 |
---|
| 300 | + | section 42-3-116 (1), and a fee of seven dollars and fifty cents for each14 |
---|
| 301 | + | additional license plate so |
---|
| 302 | + | issued up to and including five, and a fee of ten15 |
---|
| 303 | + | dollars for each license plate so issued in excess of five; and16 |
---|
| 304 | + | SECTION 11. In Colorado Revised Statutes, 42-3-306, amend17 |
---|
| 305 | + | (2) introductory portion and (2)(a) as follows:18 |
---|
| 306 | + | 42-3-306. Registration fees - passenger and passenger-mile19 |
---|
| 307 | + | taxes - fee schedule. (2) Fees for the annual registration of20 |
---|
| 308 | + | passenger-carrying motor vehicles shall be ARE as follows:21 |
---|
| 309 | + | (a) Motorcycles |
---|
| 310 | + | AND AUTOCYCLES, three dollars;22 |
---|
| 311 | + | SECTION 12. In Colorado Revised Statutes, 42-3-310, amend23 |
---|
| 312 | + | (4) as follows:24 |
---|
| 313 | + | 42-3-310. Additional registration fees - apportionment of fees.25 |
---|
| 314 | + | (4) Two dollars and fifty cents of each annual vehicle registration fee26 |
---|
| 315 | + | imposed by sections 42-3-304 to 42-3-306, exclusive of the annual27 |
---|
| 316 | + | 1043 |
---|
| 317 | + | -9- registration fees prescribed for motorcycles, AUTOCYCLES, trailer coaches,1 |
---|
| 318 | + | special mobile machinery, and trailers having an empty weight of two2 |
---|
| 319 | + | thousand pounds or less and exclusive of a registration fee paid for a3 |
---|
| 320 | + | fractional part of a year, shall not be transmitted to the department but4 |
---|
| 321 | + | shall be paid over by the authorized agent, as collected, to the county5 |
---|
| 322 | + | treasurer, who shall credit the same to an account entitled "apportioned6 |
---|
| 323 | + | vehicle registration fees". On the tenth day of each month, the county7 |
---|
| 324 | + | treasurer shall apportion the balance in the account existing on the last8 |
---|
| 325 | + | day of the immediately preceding month between the county and the cities9 |
---|
| 326 | + | and incorporated towns located within the boundaries of the county on the10 |
---|
| 327 | + | basis of the record of rural and urban registrations that indicates the place11 |
---|
| 328 | + | of residence of each vehicle owner.12 |
---|
| 329 | + | SECTION 13. In Colorado Revised Statutes, 42-4-205, amend13 |
---|
| 330 | + | (1) and (2) as follows:14 |
---|
| 331 | + | 42-4-205. Head lamps on motor vehicles - penalty. (1) Every15 |
---|
| 332 | + | motor vehicle, other than a motorcycle |
---|
| 333 | + | OR AUTOCYCLE, shall be equipped16 |
---|
| 334 | + | with at least two head lamps, with at least one on each side of the front of17 |
---|
| 335 | + | the motor vehicle. which |
---|
| 336 | + | THE head lamps shall comply with the18 |
---|
| 337 | + | requirements and limitations set forth in sections 42-4-202 and 42-4-20419 |
---|
| 338 | + | to 42-4-231 and part 3 of this article ARTICLE 4 where applicable.20 |
---|
| 339 | + | (2) Every motorcycle |
---|
| 340 | + | OR AUTOCYCLE shall be equipped with at21 |
---|
| 341 | + | least one and not more than two head lamps that shall |
---|
| 342 | + | comply with the22 |
---|
| 343 | + | requirements and limitations of sections 42-4-202 and 42-4-204 to23 |
---|
| 344 | + | 42-4-231 and part 3 of this article ARTICLE 4 where applicable.24 |
---|
| 345 | + | SECTION 14. In Colorado Revised Statutes, 42-4-206, amend25 |
---|
| 346 | + | (5) as follows:26 |
---|
| 347 | + | 42-4-206. Tail lamps and reflectors - penalty. (5) Every new27 |
---|
| 348 | + | 1043 |
---|
| 349 | + | -10- motor vehicle sold ON AND AFTER JANUARY 1, 1958, and operated on and1 |
---|
| 350 | + | after January 1, 1958, upon a highway shall carry on the rear, whether as2 |
---|
| 351 | + | a part of the tail lamps or separately, two red reflectors; except that every3 |
---|
98 | | - | , AUTOCYCLE, OR LOW-POWER SCOOTER is wearing goggles or |
---|
99 | | - | eyeglasses with lenses made of safety glass or plastic; except that this |
---|
100 | | - | subsection (1) does not apply to a person wearing a helmet containing eye |
---|
101 | | - | protection made of safety glass or plastic. |
---|
102 | | - | (b) A person driving or riding a motorcycle |
---|
103 | | - | AN AUTOCYCLE need not |
---|
104 | | - | PAGE 3-HOUSE BILL 22-1043 wear eye protection if the motorcycle AUTOCYCLE has: |
---|
105 | | - | SECTION 4. In Colorado Revised Statutes, 42-4-1502, amend (1), |
---|
106 | | - | (4), (4.5)(a) introductory portion, (4.5)(a)(III), and (4.5)(c) introductory |
---|
107 | | - | portion as follows: |
---|
108 | | - | 42-4-1502. Motorcycles and autocycles - protective helmet. (1) A |
---|
109 | | - | person operating |
---|
110 | | - | DRIVING a motorcycle OR AUTOCYCLE shall ride only upon |
---|
111 | | - | the permanent and regular seat attached thereto, and such operator TO THE |
---|
112 | | - | MOTORCYCLE OR AUTOCYCLE |
---|
113 | | - | . THE DRIVER OF A MOTORCYCLE OR AN |
---|
114 | | - | AUTOCYCLE |
---|
115 | | - | shall not carry any other person, nor shall any other |
---|
116 | | - | AND |
---|
117 | | - | ANOTHER |
---|
118 | | - | person SHALL NOT ride on a motorcycle OR AUTOCYCLE, unless |
---|
119 | | - | such motorcycle |
---|
120 | | - | THE MOTORCYCLE OR AUTOCYCLE is designed to carry |
---|
121 | | - | more than one person. In which event IF A MOTORCYCLE OR AUTOCYCLE IS |
---|
122 | | - | DESIGNED TO CARRY MORE THAN ONE PERSON |
---|
123 | | - | , a passenger may ride upon |
---|
124 | | - | the permanent seat if |
---|
125 | | - | THE PERMANENT SEAT IS designed for two persons or |
---|
126 | | - | upon another seat firmly attached to the motorcycle |
---|
127 | | - | OR AUTOCYCLE at the |
---|
128 | | - | rear or side of the operator. |
---|
129 | | - | (4) No operator |
---|
130 | | - | A DRIVER shall NOT carry any person, nor shall any |
---|
131 | | - | AND ANOTHER person SHALL NOT ride, in a position that will interfere with |
---|
132 | | - | the operation or control of the motorcycle |
---|
133 | | - | OR AUTOCYCLE or the view of the |
---|
134 | | - | operator. |
---|
135 | | - | (4.5) (a) Except as provided in paragraph (c) of this subsection (4.5)SUBSECTION (4.5)(c) OF THIS SECTION, a person shall not drive or ride as a |
---|
136 | | - | passenger on a motorcycle, |
---|
137 | | - | AUTOCYCLE, or low-power scooter on a roadway |
---|
138 | | - | unless: |
---|
139 | | - | (III) The protective helmet is secured properly on the person's head |
---|
140 | | - | with a chin strap while the motorcycle, |
---|
141 | | - | AUTOCYCLE, OR LOW-POWER |
---|
142 | | - | SCOOTER |
---|
143 | | - | is in motion. |
---|
144 | | - | (c) A person driving or riding a motorcycle |
---|
145 | | - | AN AUTOCYCLE need not |
---|
146 | | - | wear a helmet if the motorcycle AUTOCYCLE has: |
---|
147 | | - | SECTION 5. In Colorado Revised Statutes, 42-4-1503, amend (2) |
---|
148 | | - | and (3) as follows: |
---|
149 | | - | 42-4-1503. Operating motorcycles and autocycles on roadways |
---|
150 | | - | PAGE 4-HOUSE BILL 22-1043 laned for traffic. (2) The operator of a motorcycle OR AUTOCYCLE shall |
---|
151 | | - | not overtake or pass in the same lane occupied by the vehicle being |
---|
152 | | - | overtaken. |
---|
153 | | - | (3) No |
---|
154 | | - | A person shall NOT operate a motorcycle OR AUTOCYCLE |
---|
155 | | - | between lanes of traffic or between adjacent lines or ROWS of vehicles. |
---|
156 | | - | SECTION 6. In Colorado Revised Statutes, 10-4-635, amend (4) |
---|
157 | | - | introductory portion and (4)(a) as follows: |
---|
158 | | - | 10-4-635. Medical payments coverage - exceptions - definitions. |
---|
159 | | - | (4) This section shall DOES not apply to: |
---|
160 | | - | (a) A person obtaining an automobile liability or motor vehicle |
---|
161 | | - | policy insuring against loss resulting from the ownership, maintenance, or |
---|
162 | | - | use of a motorcycle, |
---|
163 | | - | AUTOCYCLE, low-power scooter, or toy vehicle, as |
---|
164 | | - | defined in section 42-1-102; C.R.S., |
---|
165 | | - | a snowmobile, as defined in section |
---|
166 | | - | 33-14-101; C.R.S., or any vehicle designed primarily for use off the road or |
---|
167 | | - | on rails; |
---|
168 | | - | SECTION 7. In Colorado Revised Statutes, 42-3-116, amend |
---|
169 | | - | (6)(b)(II) as follows: |
---|
170 | | - | 42-3-116. Manufacturers or dealers - fees - rules - definition - |
---|
171 | | - | penalty. (6) (b) (II) The |
---|
172 | | - | DEPARTMENT SHALL ESTABLISH AND ANNUALLY |
---|
173 | | - | ADJUST THE |
---|
174 | | - | annual fee for full-use dealer plates shall be established and |
---|
175 | | - | adjusted annually by the department based on the average of specific |
---|
176 | | - | ownership taxes and registration fees paid for passenger vehicles and |
---|
177 | | - | light-duty trucks that are seven model years old or newer and that were |
---|
178 | | - | registered during the one-year period preceding January 1 of each year. |
---|
179 | | - | Such |
---|
180 | | - | THE DEPARTMENT SHALL PRORATE THE annual fee shall be prorated on |
---|
181 | | - | a monthly basis. The |
---|
182 | | - | DEPARTMENT SHALL ESTABLISH AND ANNUALLY |
---|
183 | | - | ADJUST THE |
---|
184 | | - | annual fee for full-use dealer plates for motorcycles shall be |
---|
185 | | - | established and adjusted annually by the department AND AUTOCYCLES |
---|
186 | | - | based on the average of specific ownership taxes and registration fees paid |
---|
187 | | - | for motorcycles |
---|
188 | | - | AND AUTOCYCLES that are seven model years old or newer |
---|
189 | | - | and that were registered during the one-year period preceding January 1 of |
---|
190 | | - | each year. Such |
---|
191 | | - | THE DEPARTMENT SHALL PRORATE THE annual fee for |
---|
192 | | - | motorcycles shall be prorated AND AUTOCYCLES on a monthly basis. |
---|
193 | | - | PAGE 5-HOUSE BILL 22-1043 SECTION 8. In Colorado Revised Statutes, 42-3-201, amend |
---|
194 | | - | (1)(a)(I)(D) and (1)(a)(I)(E); and add (1)(a)(I)(G) and (1)(a)(IV) as follows: |
---|
195 | | - | 42-3-201. Number plates furnished - style - periodic reissuance |
---|
196 | | - | - tabs - rules. (1) (a) (I) The department shall issue to every owner whose |
---|
197 | | - | vehicle is registered two number plates; except that the department shall |
---|
198 | | - | issue one number plate for the following: |
---|
199 | | - | (D) A vehicle drawn by a motor vehicle; or |
---|
200 | | - | (E) An item of special mobile machinery; OR |
---|
201 | | - | (G) AN AUTOCYCLE. |
---|
202 | | - | (IV) T |
---|
203 | | - | HE DEPARTMENT SHALL ISSUE AN AUTOCYCLE A MOTORCYCLE |
---|
204 | | - | LICENSE PLATE |
---|
205 | | - | . |
---|
206 | | - | SECTION 9. In Colorado Revised Statutes, 42-3-202, amend (1)(a) |
---|
207 | | - | as follows: |
---|
208 | | - | 42-3-202. Number plates furnished to be attached - penalty. |
---|
209 | | - | (1) (a) (I) E |
---|
210 | | - | XCEPT AS PROVIDED IN SUBSECTION (1)(a)(II) OF THIS SECTION, |
---|
211 | | - | the owner shall attach the number plates assigned to a self-propelled vehicle |
---|
212 | | - | other than a motorcycle or street rod vehicle, |
---|
213 | | - | to the vehicle with one in the |
---|
214 | | - | front and the other in the rear. |
---|
215 | | - | (II) The owner shall attach the number plate assigned to |
---|
216 | | - | ANY OF THE |
---|
217 | | - | FOLLOWING VEHICLES TO THE REAR OF THE VEHICLE |
---|
218 | | - | : |
---|
219 | | - | (A) A motorcycle; |
---|
220 | | - | (B) A |
---|
221 | | - | N AUTOCYCLE; |
---|
222 | | - | (C) A street rod vehicle; |
---|
223 | | - | (D) A trailer, semitrailer, |
---|
224 | | - | OR other vehicle drawn by a motor vehicle; |
---|
225 | | - | or |
---|
226 | | - | (E) Special mobile machinery. to the rear of the vehicle. |
---|
227 | | - | PAGE 6-HOUSE BILL 22-1043 (III) The owner shall display number plates during the current |
---|
228 | | - | registration year, except as otherwise provided in this article 3. |
---|
229 | | - | SECTION 10. In Colorado Revised Statutes, 42-3-304, amend (5) |
---|
230 | | - | and (6)(a) as follows: |
---|
231 | | - | 42-3-304. Registration fees - passenger-mile taxes - clean screen |
---|
232 | | - | fund - pilot program - report - rules - definitions. (5) In lieu of |
---|
233 | | - | registering each vehicle separately, a dealer in motorcycles |
---|
234 | | - | OR AUTOCYCLES |
---|
235 | | - | shall pay to the department an annual registration fee of twenty-five dollars |
---|
236 | | - | for the first license plate issued pursuant to section 42-3-116 (1), a fee of |
---|
237 | | - | seven dollars and fifty cents for each additional license plate so |
---|
238 | | - | issued up |
---|
239 | | - | to and including five such plates, and a fee of ten dollars for each license |
---|
240 | | - | plate so issued in excess of five. |
---|
241 | | - | (6) In lieu of registering each vehicle separately: |
---|
242 | | - | (a) A dealer in motor vehicles, trailers, and semitrailers, except |
---|
243 | | - | dealers in motorcycles |
---|
244 | | - | OR AUTOCYCLES, shall pay to the department an |
---|
245 | | - | annual fee of thirty dollars for the first license plate issued pursuant to |
---|
246 | | - | section 42-3-116 (1), and a fee of seven dollars and fifty cents for each |
---|
247 | | - | additional license plate so |
---|
248 | | - | issued up to and including five, and a fee of ten |
---|
249 | | - | dollars for each license plate so issued in excess of five; and |
---|
250 | | - | SECTION 11. In Colorado Revised Statutes, 42-3-306, amend (2) |
---|
251 | | - | introductory portion and (2)(a) as follows: |
---|
252 | | - | 42-3-306. Registration fees - passenger and passenger-mile taxes |
---|
253 | | - | - fee schedule. (2) Fees for the annual registration of passenger-carrying |
---|
254 | | - | motor vehicles shall be ARE as follows: |
---|
255 | | - | (a) Motorcycles |
---|
256 | | - | AND AUTOCYCLES, three dollars; |
---|
257 | | - | SECTION 12. In Colorado Revised Statutes, 42-3-310, amend (4) |
---|
258 | | - | as follows: |
---|
259 | | - | 42-3-310. Additional registration fees - apportionment of fees. |
---|
260 | | - | (4) Two dollars and fifty cents of each annual vehicle registration fee |
---|
261 | | - | imposed by sections 42-3-304 to 42-3-306, exclusive of the annual |
---|
262 | | - | registration fees prescribed for motorcycles, |
---|
263 | | - | AUTOCYCLES, trailer coaches, |
---|
264 | | - | PAGE 7-HOUSE BILL 22-1043 special mobile machinery, and trailers having an empty weight of two |
---|
265 | | - | thousand pounds or less and exclusive of a registration fee paid for a |
---|
266 | | - | fractional part of a year, shall not be transmitted to the department but shall |
---|
267 | | - | be paid over by the authorized agent, as collected, to the county treasurer, |
---|
268 | | - | who shall credit the same to an account entitled "apportioned vehicle |
---|
269 | | - | registration fees". On the tenth day of each month, the county treasurer shall |
---|
270 | | - | apportion the balance in the account existing on the last day of the |
---|
271 | | - | immediately preceding month between the county and the cities and |
---|
272 | | - | incorporated towns located within the boundaries of the county on the basis |
---|
273 | | - | of the record of rural and urban registrations that indicates the place of |
---|
274 | | - | residence of each vehicle owner. |
---|
275 | | - | SECTION 13. In Colorado Revised Statutes, 42-4-205, amend (1) |
---|
276 | | - | and (2) as follows: |
---|
277 | | - | 42-4-205. Head lamps on motor vehicles - penalty. (1) Every |
---|
278 | | - | motor vehicle, other than a motorcycle |
---|
279 | | - | OR AUTOCYCLE, shall be equipped |
---|
280 | | - | with at least two head lamps, with at least one on each side of the front of |
---|
281 | | - | the motor vehicle. which |
---|
282 | | - | THE head lamps shall comply with the |
---|
283 | | - | requirements and limitations set forth in sections 42-4-202 and 42-4-204 to |
---|
284 | | - | 42-4-231 and part 3 of this article |
---|
285 | | - | ARTICLE 4 where applicable. |
---|
286 | | - | (2) Every motorcycle |
---|
287 | | - | OR AUTOCYCLE shall be equipped with at least |
---|
288 | | - | one and not more than two head lamps that shall |
---|
289 | | - | comply with the |
---|
290 | | - | requirements and limitations of sections 42-4-202 and 42-4-204 to 42-4-231 |
---|
291 | | - | and part 3 of this article ARTICLE 4 where applicable. |
---|
292 | | - | SECTION 14. In Colorado Revised Statutes, 42-4-206, amend (5) |
---|
293 | | - | as follows: |
---|
294 | | - | 42-4-206. Tail lamps and reflectors - penalty. (5) Every new |
---|
295 | | - | motor vehicle sold |
---|
296 | | - | ON AND AFTER JANUARY 1, 1958, and operated on and |
---|
297 | | - | after January 1, 1958, upon a highway shall carry on the rear, whether as a |
---|
298 | | - | part of the tail lamps or separately, two red reflectors; except that every |
---|
| 353 | + | OR AUTOCYCLE shall carry at least one reflector meeting the4 |
---|
| 354 | + | requirements of this section, and vehicles of the type mentioned in section5 |
---|
| 355 | + | 42-4-207 shall be equipped with reflectors as required in those sections |
---|
| 356 | + | 6 |
---|
| 357 | + | applicable thereto THIS PART 2.7 |
---|
| 358 | + | SECTION 15. In Colorado Revised Statutes, 42-4-208, amend8 |
---|
| 359 | + | (2) and (3) as follows:9 |
---|
| 360 | + | 42-4-208. Stop lamps and turn signals - penalty. (2) No A10 |
---|
| 361 | + | person shall |
---|
| 362 | + | NOT sell or offer for sale or operate on the highways any11 |
---|
| 363 | + | motor vehicle registered in this state and manufactured or assembled after12 |
---|
| 364 | + | January 1, 1958, unless it is equipped with at least two stop lamps13 |
---|
| 365 | + | meeting the requirements of section 42-4-215 (1); except that a14 |
---|
462 | | - | OR AUTOCYCLE shall NOT attach himself, herself, |
---|
463 | | - | or the motorcycle |
---|
464 | | - | OR AUTOCYCLE to any other vehicle on a roadway. Any |
---|
465 | | - | person who violates any provision of |
---|
466 | | - | this section commits a class A traffic |
---|
467 | | - | infraction. |
---|
468 | | - | SECTION 27. In Colorado Revised Statutes, 42-4-1701, amend |
---|
469 | | - | (4)(e)(III) as follows: |
---|
470 | | - | 42-4-1701. Traffic offenses and infractions classified - penalties |
---|
471 | | - | - penalty and surcharge schedule - repeal. (4) (e) (III) An additional |
---|
472 | | - | twenty dollars is assessed for a violation of a traffic regulation pursuant to |
---|
473 | | - | subsection (4)(a)(I)(C) of this section for a violation of section 42-4-109 |
---|
474 | | - | (13)(b), in addition to the penalties stated in subsection (4)(a)(I)(C) of this |
---|
475 | | - | section. An additional twenty dollars must be assessed for a motorcycle |
---|
476 | | - | OR |
---|
477 | | - | AUTOCYCLE |
---|
478 | | - | violation pursuant to subsection (4)(a)(I)(O) of this section for |
---|
479 | | - | a violation of section 42-4-1502 (4.5), in addition to the penalties stated in |
---|
480 | | - | subsection (4)(a)(I)(O) of this section. Money collected pursuant to this |
---|
481 | | - | subsection (4)(e)(III) must be transmitted to the state treasurer, who shall |
---|
482 | | - | deposit the money in the Colorado brain injury trust fund created pursuant |
---|
483 | | - | to section 26-1-309, to be used for the purposes set forth in part 3 of article |
---|
484 | | - | 1 of title 26. |
---|
485 | | - | SECTION 28. In Colorado Revised Statutes, 42-6-102, amend (10) |
---|
486 | | - | introductory portion as follows: |
---|
487 | | - | 42-6-102. Definitions. As used in this part 1, unless the context |
---|
488 | | - | otherwise requires: |
---|
489 | | - | (10) "Motor vehicle" means any self-propelled vehicle that is |
---|
490 | | - | designed primarily for travel on the public highways and is generally and |
---|
491 | | - | commonly used to transport persons and property over the public highways, |
---|
492 | | - | including |
---|
493 | | - | AUTOCYCLES, trailers, semitrailers, and trailer coaches, without |
---|
494 | | - | motive power. "Motor vehicle" does not include the following: |
---|
495 | | - | SECTION 29. In Colorado Revised Statutes, 42-9-102, amend the |
---|
496 | | - | introductory portion and (2) as follows: |
---|
497 | | - | 42-9-102. Definitions. As used in this article |
---|
498 | | - | ARTICLE 9, unless the |
---|
499 | | - | context otherwise requires: |
---|
500 | | - | PAGE 13-HOUSE BILL 22-1043 (2) (a) "Motor vehicle" means every self-propelled vehicle intended |
---|
501 | | - | primarily for use and operation on the public highways. |
---|
502 | | - | (b) The term does not include: |
---|
503 | | - | (I) Trucks and truck tractors having a gross vehicle weight of more |
---|
504 | | - | than eight thousand five hundred pounds; nor does it include |
---|
505 | | - | (II) Farm tractors and other machines and tools used in the |
---|
506 | | - | production, harvesting, and care of farm products; nor does it include OR |
---|
507 | | - | (III) Motorcycles OR AUTOCYCLES. |
---|
508 | | - | SECTION 30. In Colorado Revised Statutes, 43-4-804, amend |
---|
509 | | - | (1)(a)(I)(A) as follows: |
---|
510 | | - | 43-4-804. Highway safety projects - surcharges and fees - |
---|
511 | | - | crediting of money to highway users tax fund - definition. (1) On and |
---|
512 | | - | after July 1, 2009, the following surcharges, fees, and fines shall be |
---|
513 | | - | collected and credited to the highway users tax fund created in section |
---|
514 | | - | 43-4-201 (1)(a) and allocated to the state highway fund, counties, and |
---|
515 | | - | municipalities as specified in section 43-4-205 (6.3): |
---|
516 | | - | (a) (I) A road safety surcharge, which, except as otherwise provided |
---|
517 | | - | in subsections (1)(a)(III) and (1)(a)(VI) of this section, is imposed for any |
---|
518 | | - | registration period that commences on or after July 1, 2009, upon the |
---|
519 | | - | registration of any vehicle for which a registration fee must be paid |
---|
520 | | - | pursuant to part 3 of article 3 of title 42 and is also imposed upon any item |
---|
521 | | - | of special mobile machinery that is covered by a registration exempt |
---|
522 | | - | certificate issued by the department of revenue in accordance with section |
---|
523 | | - | 42-3-107 (16)(g). Except as otherwise provided in subsections (1)(a)(IV), |
---|
524 | | - | (1)(a)(V), and (1)(a)(VIII) of this section, the amount of the surcharge is: |
---|
525 | | - | (A) Sixteen dollars for a motorcycle, as defined in section 42-1-102 |
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526 | | - | (55); |
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527 | | - | AN AUTOCYCLE, AS DEFINED IN SECTION 42-1-102 (7.5); or any vehicle |
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528 | | - | that weighs two thousand pounds or less; |
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529 | | - | SECTION 31. In Colorado Revised Statutes, 44-20-108, amend |
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530 | | - | (1)(b) as follows: |
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531 | | - | PAGE 14-HOUSE BILL 22-1043 44-20-108. Classes of licenses. (1) The following classes of |
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532 | | - | licenses are issued under this part 1: |
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533 | | - | (b) Used motor vehicle dealer's license, shall permit WHICH PERMITS |
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534 | | - | the licensee to engage in the business of selling, exchanging, leasing, or |
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535 | | - | offering used motor vehicles only. The license shall also permit PERMITS a |
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536 | | - | licensee to negotiate for a consumer the sale, exchange, or lease of used and |
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537 | | - | new motor vehicles not owned by the licensee, except those vehicles |
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538 | | - | defined in section 42-1-102 (55) |
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539 | | - | (7.5) AND (55) as AUTOCYCLES OR |
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540 | | - | motorcycles and section 33-14.5-101 (3) as off-highway vehicles; however, prior to completion of the sale, exchange, or lease of a motor vehicle not owned by the licensee, the licensee shall disclose in writing to the consumer whether the licensee will receive any compensation from the consumer and whether the licensee will receive any compensation from the owner of the motor vehicle as a result of the transaction. If the licensee receives compensation from the owner of the motor vehicle as a result of the transaction, the licensee shall include in the written disclosure the name of the owner from whom the licensee will receive compensation. This form of license shall permit |
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541 | | - | PERMITS not more than two persons named therein IN |
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542 | | - | THE LICENSE |
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543 | | - | , who shall be owners or part owners of the business of the |
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544 | | - | licensee, to act as motor vehicle salespersons. |
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545 | | - | SECTION 32. In Colorado Revised Statutes, 44-20-124, amend |
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546 | | - | (1)(x)(II) as follows: |
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547 | | - | 44-20-124. Unlawful acts. (1) It is unlawful and a violation of this |
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548 | | - | part 1 for any manufacturer, distributor, or manufacturer representative: |
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549 | | - | (x) To require, coerce, or attempt to coerce a motor vehicle dealer |
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550 | | - | to substantially alter a facility or premises if: |
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| 525 | + | OR AUTOCYCLE shall NOT attach himself,8 |
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| 526 | + | herself, or the motorcycle |
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| 527 | + | OR AUTOCYCLE to any other vehicle on a9 |
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| 528 | + | roadway. Any person who violates any provision of |
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| 529 | + | this section commits10 |
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| 530 | + | a class A traffic infraction.11 |
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| 531 | + | SECTION 27. In Colorado Revised Statutes, 42-4-1701, amend12 |
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| 532 | + | (4)(e)(III) as follows:13 |
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| 533 | + | 42-4-1701. Traffic offenses and infractions classified -14 |
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| 534 | + | penalties - penalty and surcharge schedule - repeal. (4) (e) (III) An15 |
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| 535 | + | additional twenty dollars is assessed for a violation of a traffic regulation16 |
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| 536 | + | pursuant to subsection (4)(a)(I)(C) of this section for a violation of17 |
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| 537 | + | section 42-4-109 (13)(b), in addition to the penalties stated in subsection18 |
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| 538 | + | (4)(a)(I)(C) of this section. An additional twenty dollars must be assessed19 |
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| 539 | + | for a motorcycle |
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| 540 | + | OR AUTOCYCLE violation pursuant to subsection20 |
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| 541 | + | (4)(a)(I)(O) of this section for a violation of section 42-4-1502 (4.5), in21 |
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| 542 | + | addition to the penalties stated in subsection (4)(a)(I)(O) of this section.22 |
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| 543 | + | Money collected pursuant to this subsection (4)(e)(III) must be23 |
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| 544 | + | transmitted to the state treasurer, who shall deposit the money in the24 |
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| 545 | + | Colorado brain injury trust fund created pursuant to section 26-1-309, to25 |
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| 546 | + | be used for the purposes set forth in part 3 of article 1 of title 26.26 |
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| 547 | + | SECTION 28. In Colorado Revised Statutes, 42-6-102, amend |
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| 548 | + | 27 |
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| 549 | + | 1043 |
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| 550 | + | -16- (10) introductory portion as follows:1 |
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| 551 | + | 42-6-102. Definitions. As used in this part 1, unless the context2 |
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| 552 | + | otherwise requires:3 |
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| 553 | + | (10) "Motor vehicle" means any self-propelled vehicle that is4 |
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| 554 | + | designed primarily for travel on the public highways and is generally and5 |
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| 555 | + | commonly used to transport persons and property over the public6 |
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| 556 | + | highways, including |
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| 557 | + | AUTOCYCLES, trailers, semitrailers, and trailer |
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| 558 | + | 7 |
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| 559 | + | coaches, without motive power. "Motor vehicle" does not include the8 |
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| 560 | + | following:9 |
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| 561 | + | SECTION 29. In Colorado Revised Statutes, 42-9-102, amend10 |
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| 562 | + | the introductory portion and (2) as follows:11 |
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| 563 | + | 42-9-102. Definitions. As used in this article ARTICLE 9, unless12 |
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| 564 | + | the context otherwise requires:13 |
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| 565 | + | (2) (a) "Motor vehicle" means every self-propelled vehicle14 |
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| 566 | + | intended primarily for use and operation on the public highways.15 |
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| 567 | + | (b) The term does not include:16 |
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| 568 | + | (I) Trucks and truck tractors having a gross vehicle weight of17 |
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| 569 | + | more than eight thousand five hundred pounds; nor does it include18 |
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| 570 | + | (II) Farm tractors and other machines and tools used in the19 |
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| 571 | + | production, harvesting, and care of farm products; nor does it include OR20 |
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| 572 | + | (III) Motorcycles |
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| 573 | + | OR AUTOCYCLES.21 |
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| 574 | + | SECTION 30. |
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| 575 | + | In Colorado Revised Statutes, 43-4-804, amend22 |
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| 576 | + | (1)(a)(I)(A) as follows:23 |
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| 577 | + | 43-4-804. Highway safety projects - surcharges and fees -24 |
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| 578 | + | crediting of money to highway users tax fund - definition. (1) On and25 |
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| 579 | + | after July 1, 2009, the following surcharges, fees, and fines shall be26 |
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| 580 | + | collected and credited to the highway users tax fund created in section27 |
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| 581 | + | 1043 |
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| 582 | + | -17- 43-4-201 (1)(a) and allocated to the state highway fund, counties, and1 |
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| 583 | + | municipalities as specified in section 43-4-205 (6.3):2 |
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| 584 | + | (a) (I) A road safety surcharge, which, except as otherwise3 |
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| 585 | + | provided in subsections (1)(a)(III) and (1)(a)(VI) of this section, is4 |
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| 586 | + | imposed for any registration period that commences on or after July 1,5 |
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| 587 | + | 2009, upon the registration of any vehicle for which a registration fee6 |
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| 588 | + | must be paid pursuant to part 3 of article 3 of title 42 and is also imposed7 |
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| 589 | + | upon any item of special mobile machinery that is covered by a8 |
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| 590 | + | registration exempt certificate issued by the department of revenue in9 |
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| 591 | + | accordance with section 42-3-107 (16)(g). Except as otherwise provided10 |
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| 592 | + | in subsections (1)(a)(IV), (1)(a)(V), and (1)(a)(VIII) of this section, the11 |
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| 593 | + | amount of the surcharge is:12 |
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| 594 | + | (A) Sixteen dollars for a motorcycle, as defined in section13 |
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| 595 | + | 42-1-102 (55); |
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| 596 | + | AN AUTOCYCLE, AS DEFINED IN SECTION 42-1-102 (7.5); or14 |
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| 597 | + | any vehicle that weighs two thousand pounds or less;15 |
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| 598 | + | SECTION 31. |
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| 599 | + | In Colorado Revised Statutes, 44-20-108, amend16 |
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| 600 | + | (1)(b) as follows:17 |
---|
| 601 | + | 44-20-108. Classes of licenses. (1) The following classes of18 |
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| 602 | + | licenses are issued under this part 1:19 |
---|
| 603 | + | (b) Used motor vehicle dealer's license, shall permit WHICH20 |
---|
| 604 | + | PERMITS the licensee to engage in the business of selling, exchanging,21 |
---|
| 605 | + | leasing, or offering used motor vehicles only. The license shall also22 |
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| 606 | + | permit PERMITS a licensee to negotiate for a consumer the sale, exchange,23 |
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| 607 | + | or lease of used and new motor vehicles not owned by the licensee,24 |
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| 608 | + | except those vehicles defined in section 42-1-102 (55) (7.5) AND (55) as25 |
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| 609 | + | AUTOCYCLES OR motorcycles and section 33-14.5-101 (3) as off-highway26 |
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| 610 | + | vehicles; however, prior to completion of the sale, exchange, or lease of27 |
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| 611 | + | 1043 |
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| 612 | + | -18- a motor vehicle not owned by the licensee, the licensee shall disclose in1 |
---|
| 613 | + | writing to the consumer whether the licensee will receive any2 |
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| 614 | + | compensation from the consumer and whether the licensee will receive3 |
---|
| 615 | + | any compensation from the owner of the motor vehicle as a result of the4 |
---|
| 616 | + | transaction. If the licensee receives compensation from the owner of the5 |
---|
| 617 | + | motor vehicle as a result of the transaction, the licensee shall include in6 |
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| 618 | + | the written disclosure the name of the owner from whom the licensee will7 |
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| 619 | + | receive compensation. This form of license shall permit PERMITS not more8 |
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| 620 | + | than two persons named therein IN THE LICENSE, who shall be owners or9 |
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| 621 | + | part owners of the business of the licensee, to act as motor vehicle10 |
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| 622 | + | salespersons.11 |
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| 623 | + | SECTION 32. In Colorado Revised Statutes, 44-20-124, amend12 |
---|
| 624 | + | (1)(x)(II) as follows:13 |
---|
| 625 | + | 44-20-124. Unlawful acts. (1) It is unlawful and a violation of14 |
---|
| 626 | + | this part 1 for any manufacturer, distributor, or manufacturer15 |
---|
| 627 | + | representative:16 |
---|
| 628 | + | (x) To require, coerce, or attempt to coerce a motor vehicle dealer17 |
---|
| 629 | + | to substantially alter a facility or premises if:18 |
---|
560 | | - | (B) This subsection (1)(x) SUBSECTION (1)(x)(II) does not apply to |
---|
561 | | - | PAGE 15-HOUSE BILL 22-1043 improvements made to comply with health or safety laws; to improvements |
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562 | | - | made to accommodate the technology requirements necessary to sell or |
---|
563 | | - | service a line-make; to technological improvements related to electric, |
---|
564 | | - | automated, compressed natural gas, and fuel-cell motorcycles and |
---|
565 | | - | powersports vehicles; or to improvements made to install or upgrade |
---|
566 | | - | electric vehicle charging equipment. |
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567 | | - | SECTION 33. Appropriation. For the 2022-23 state fiscal year, |
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568 | | - | $15,976 is appropriated to the department of revenue for use by the division |
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569 | | - | of motor vehicles. This appropriation is from the general fund. To |
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570 | | - | implement this act, the department may use this appropriation for DRIVES |
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571 | | - | maintenance and support. |
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572 | | - | SECTION 34. Act subject to petition - effective date - |
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573 | | - | applicability. (1) This act takes effect January 1, 2023; except that, if a |
---|
574 | | - | referendum petition is filed pursuant to section 1 (3) of article V of the state |
---|
575 | | - | constitution against this act or an item, section, or part of this act within the |
---|
576 | | - | ninety-day period after final adjournment of the general assembly, then the |
---|
577 | | - | act, item, section, or part will not take effect unless approved by the people |
---|
578 | | - | at the general election to be held in November 2022 and, in such case, will |
---|
579 | | - | take effect January 1, 2023, or on the date of the official declaration of the |
---|
580 | | - | vote thereon by the governor, whichever is later. |
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581 | | - | PAGE 16-HOUSE BILL 22-1043 (2) This act applies to offenses committed on or after the applicable |
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582 | | - | effective date of this act. |
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583 | | - | ____________________________ ____________________________ |
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584 | | - | Alec Garnett Steve Fenberg |
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585 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
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586 | | - | OF REPRESENTATIVES THE SENATE |
---|
587 | | - | ____________________________ ____________________________ |
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588 | | - | Robin Jones Cindi L. Markwell |
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589 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
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590 | | - | OF REPRESENTATIVES THE SENATE |
---|
591 | | - | APPROVED________________________________________ |
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592 | | - | (Date and Time) |
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593 | | - | _________________________________________ |
---|
594 | | - | Jared S. Polis |
---|
595 | | - | GOVERNOR OF THE STATE OF COLORADO |
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596 | | - | PAGE 17-HOUSE BILL 22-1043 |
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| 638 | + | 25 |
---|
| 639 | + | (B) This subsection (1)(x) SUBSECTION (1)(x)(II) does not apply26 |
---|
| 640 | + | to improvements made to comply with health or safety laws; to27 |
---|
| 641 | + | 1043 |
---|
| 642 | + | -19- improvements made to accommodate the technology requirements1 |
---|
| 643 | + | necessary to sell or service a line-make; to technological improvements2 |
---|
| 644 | + | related to electric, automated, compressed natural gas, and fuel-cell3 |
---|
| 645 | + | motorcycles and powersports vehicles; or to improvements made to install4 |
---|
| 646 | + | or upgrade electric vehicle charging equipment.5 |
---|
| 647 | + | SECTION 33. Appropriation. For the 2022-23 state fiscal year,6 |
---|
| 648 | + | $15,976 is appropriated to the department of revenue for use by the7 |
---|
| 649 | + | division of motor vehicles. This appropriation is from the general fund.8 |
---|
| 650 | + | To implement this act, the department may use this appropriation for9 |
---|
| 651 | + | DRIVES maintenance and support.10 |
---|
| 652 | + | SECTION 34. Act subject to petition - effective date -11 |
---|
| 653 | + | applicability. (1) This act takes effect January 1, 2023; except that, if a12 |
---|
| 654 | + | referendum petition is filed pursuant to section 1 (3) of article V of the13 |
---|
| 655 | + | state constitution against this act or an item, section, or part of this act14 |
---|
| 656 | + | within the ninety-day period after final adjournment of the general15 |
---|
| 657 | + | assembly, then the act, item, section, or part will not take effect unless16 |
---|
| 658 | + | approved by the people at the general election to be held in November17 |
---|
| 659 | + | 2022 and, in such case, will take effect January 1, 2023, or on the date of18 |
---|
| 660 | + | the official declaration of the vote thereon by the governor, whichever is19 |
---|
| 661 | + | later.20 |
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| 662 | + | (2) This act applies to offenses committed on or after the21 |
---|
| 663 | + | applicable effective date of this act.22 |
---|
| 664 | + | 1043 |
---|
| 665 | + | -20- |
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