First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0103.01 Jery Payne x2157
HOUSE BILL 25-1112
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING THE ENFORCEMENT OF CERTAIN MOTOR VEHICLE101
STATUTES RELATED TO THE FAILURE TO REGISTER A VEHICLE .102
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:
HOUSE SPONSORSHIP
Titone and Hamrick,
SENATE SPONSORSHIP
Exum,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. ! 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-4-110, amend (1)2
introductory portion, (1)(d), and (3) as follows:3
42-4-110. Provisions uniform throughout state - legislative4
declaration. (1) The provisions of this article shall
THIS ARTICLE 4 MUST5
be applicable and uniform throughout this state and in all political6
subdivisions and municipalities. therein. Cities and counties, incorporated7
cities and towns, and counties shall regulate and enforce all traffic and8
parking restrictions on streets which THAT are state highways as provided9
in section 43-2-135 (1)(g), C.R.S., and all local authorities may enact and10
enforce traffic regulations on other roads and streets within their11
respective jurisdictions. All such regulations shall be ARE subject to the12
following conditions and limitations:13
(d) (I) In no event shall Local authorities DO NOT have the power14
to enact by ordinance regulations governing:15
(A) The driving of vehicles by persons A VEHICLE BY A PERSON16
HB25-1112-2- under the influence of alcohol or of a controlled substance, as defined in1
section 18-18-102 (5), C.R.S., or under the influence of any other drug to2
a degree that renders any such THE person incapable of safely operating3
a vehicle, or
BY A PERSON whose ability to operate a vehicle is impaired4
by the consumption of alcohol or by the use of a controlled substance, as5
defined in section 18-18-102 (5), C.R.S.,
or any other drug;6
(B) The registration of vehicles and the licensing of drivers;7
(C) The duties and obligations of persons involved in traffic8
accidents; and9
(D) Vehicle equipment requirements in conflict with the10
provisions of this article; ARTICLE 4.11
(II) but said Local authorities, within their respective jurisdictions,12
shall enforce the state laws pertaining to these THE subjects DESCRIBED IN13
SUBSECTION (1)(d)(I) OF THIS SECTION, and in every charge of violation14
the complaint shall MUST specify the section of state law under which the15
charge is made and the state court having jurisdiction.16
(3) No A person convicted of or pleading guilty to a violation of17
a municipal traffic ordinance shall IS NOT SUBJECT TO be charged or tried18
in a state court for the same or a similar offense
ARISING FROM THE SAME19
EVENT.20
SECTION 2. In Colorado Revised Statutes, 42-4-111, add21
(1)(gg) as follows:22
42-4-111. Powers of local authorities. (1) Except as otherwise23
provided in subsection (2) of this section, this article 4 does not prevent24
local authorities, with respect to streets and highways under their25
jurisdiction and within the reasonable exercise of the police power, from:26
(gg) E
NFORCING THE REQUIREMENT THAT A VEHICLE , TRAILER,27
HB25-1112
-3- SEMITRAILER, OR MOTOR VEHICLE BE REGISTERED AS REQUIRED IN1
ARTICLE 3 OF THIS TITLE 42.2
SECTION 3. In Colorado Revised Statutes, add 42-4-1720 as3
follows:4
42-4-1720. Registration violations - waiver - forms and rules.5
(1) A
COURT SHALL WAIVE THE FOLLOWING PAST -DUE FEES, PAST-DUE6
SPECIFIC OWNERSHIP TAX, OR PENALTIES FOR FAILING TO REGISTER A7
VEHICLE, TRAILER, SEMITRAILER, OR MOTOR VEHICLE IN VIOLATION OF8
SECTION 42-3-103 (1) OR (4), 42-3-114, 42-3-115, OR 42-6-140 OR OF THE9
RULES OF THE DEPARTMENT IMPLEMENTING SECTION 42-3-102 IF THE10
PERSON THAT FAILED TO REGISTER THE VEHICLE , TRAILER, SEMITRAILER,11
OR MOTOR VEHICLE MAKES THE FOLLOWING SHOWINGS :12
(a) T
HE COURT SHALL WAIVE THE PENALTIES , INCLUDING THE13
PENALTIES IN SECTION 42-3-112 OR 42-4-1701, IMPOSED FOR THE14
VIOLATION IF THE COURT FINDS THAT THE FAILURE TO REGISTER THE15
VEHICLE WAS FOR GOOD CAUSE , INCLUDING THOSE CAUSES LISTED IN16
SECTION 42-3-112 (1.5).17
(b) T
HE COURT SHALL WAIVE THE PAST-DUE SPECIFIC OWNERSHIP18
TAX IF THE PERSON DEMONSTRATES , USING A DEPARTMENT FORM, THAT19
THE PERSON'S HOUSEHOLD HAD AN INCOME THAT IS ONE HUNDRED FIFTY20
PERCENT OR LESS BELOW THE CURRENT FEDERAL POVERTY LINE FOR THE21
HOUSEHOLD WHEN THE VIOLATION OCCURRED .22
(c) T
HE COURT SHALL WAIVE THE PAST -DUE FEES, PAST-DUE23
SPECIFIC OWNERSHIP TAX, AND PENALTIES IF THE PERSON DEMONSTRATES,24
USING A DEPARTMENT FORM , THAT THE PERSON'S HOUSEHOLD HAD AN25
INCOME THAT IS ONE HUNDRED PERCENT OR LESS BELOW THE CURRENT26
FEDERAL POVERTY LINE FOR THE HOUSEHOLD WHEN THE VIOLATION27
HB25-1112
-4- OCCURRED.1
(2) T
HE DEPARTMENT SHALL ADOPT FORMS AND RULES TO2
IMPLEMENT SUBSECTIONS (1)(b) AND (1)(c) OF THIS SECTION.3
(3) B
EGINNING IN JANUARY 2028, AND IN JANUARY EVERY YEAR4
THEREAFTER, THE DEPARTMENT SHALL INCLUDE , AS PART OF ITS5
PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY6
SECTION 2-7-203, INFORMATION CONCERNING THE NUMBER OF WAIVERS7
GRANTED IN ACCORDANCE WITH THIS SECTION AND THE AMOUNT OF THE8
WAIVED PAST-DUE FEES, THE AMOUNT OF THE WAIVED PAST-DUE SPECIFIC9
OWNERSHIP TAX, AND THE AMOUNT OF THE WAIVED PENALTIES .10
SECTION 4. In Colorado Revised Statutes, 42-4-1715, amend11
(3) as follows:12
42-4-1715. Convictions, judgments, and charges recorded -13
public inspection. (3) Said
THE abstract SUBMITTED IN ACCORDANCE14
WITH SUBSECTION (2) OF THIS SECTION must:15
(a) Be made upon a form furnished by the department;16
(b) and shall Include the name, address, and driver's license17
number of the party charged;18
(c) I
NCLUDE the registration number of the vehicle involved;19
(d) I
NCLUDE the nature of the offense, the date of hearing, the20
plea, the judgment or whether bail
WAS forfeited, and the amount of the21
fine or forfeiture;
AND22
(e) I
NCLUDE ANY WAIVER GRANTED IN ACCORDANCE WITH23
SECTION 42-4-1720 AND THE AMOUNT OF THE WAIVED PAST-DUE FEES, THE24
AMOUNT OF THE WAIVED PAST -DUE SPECIFIC OWNERSHIP TAX, AND THE25
AMOUNT OF THE WAIVED PENALTIES .26
SECTION 5. Act subject to petition - effective date -27
HB25-1112
-5- applicability. (1) This act takes effect July 1, 2027; except that, if a1
referendum petition is filed pursuant to section 1 (3) of article V of the2
state constitution against this act or an item, section, or part of this act3
within the ninety-day period after final adjournment of the general4
assembly, then the act, item, section, or part will not take effect unless5
approved by the people at the general election to be held in November6
2026 and, in such case, will take effect July 1, 2027, or on the date of the7
official declaration of the vote thereon by the governor, whichever is8
later.9
(2) This act applies to offenses committed on or after the10
applicable effective date of this act.11
HB25-1112
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