Colorado 2025 Regular Session

Colorado House Bill HB1112 Compare Versions

OldNewDifferences
11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
4-REENGROSSED
5-This Version Includes All Amendments
6-Adopted in the House of Introduction
4+ENGROSSED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the House of Introduction
77 LLS NO. 25-0103.01 Jery Payne x2157
88 HOUSE BILL 25-1112
99 House Committees Senate Committees
1010 Transportation, Housing & Local Government
1111 Appropriations
1212 A BILL FOR AN ACT
1313 C
1414 ONCERNING THE ENFORCEMENT OF CERTAIN MOTOR VEHICLE101
1515 STATUTES RELATED TO THE FAILURE TO REGISTER A VEHICLE .102
1616 Bill Summary
1717 (Note: This summary applies to this bill as introduced and does
1818 not reflect any amendments that may be subsequently adopted. If this bill
1919 passes third reading in the house of introduction, a bill summary that
2020 applies to the reengrossed version of this bill will be available at
2121 http://leg.colorado.gov
2222 .)
2323 The bill authorizes local authorities to enforce the requirement that
2424 a vehicle, trailer, semitrailer, or motor vehicle (vehicle) be registered. A
2525 conviction by a local authority does not bar a subsequent state prosecution
2626 if the subsequent prosecution does not arise from the same event.
2727 A court will waive the following for a violation concerning a
2828 failure to register a vehicle:
2929 HOUSE
30-3rd Reading Unamended
31-March 31, 2025
32-HOUSE
3330 Amended 2nd Reading
3431 March 27, 2025
3532 HOUSE SPONSORSHIP
36-Titone and Hamrick, Clifford, Froelich, Lindsay, McCormick
33+Titone and Hamrick,
3734 SENATE SPONSORSHIP
3835 Exum and Frizell,
3936 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4037 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4138 Dashes through the words or numbers indicate deletions from existing law. ! The penalties imposed for the violation if the court finds
4239 that the failure to register the vehicle was for good cause;
4340 ! The past-due specific ownership tax if the person
4441 demonstrates that the person's household had an income
4542 that was 150% or less below the current federal poverty
4643 line when the violation occurred; or
4744 ! The past-due fees, past-due specific ownership tax, and
4845 penalties if the person demonstrates that the person's
4946 household had an income that was 100% or less below the
5047 current federal poverty line when the violation occurred.
5148 The department of revenue will adopt forms and rules to implement the
5249 bill. Current law requires each court to send an abstract of each
5350 conviction to the department for the person's driving record. The bill
5451 requires this abstract to include any waivers granted under the bill and the
5552 amount of the waivers. The department will include information
5653 regarding the number and amount of waivers granted in its "SMART Act"
5754 hearing.
5855 Be it enacted by the General Assembly of the State of Colorado:1
5956 SECTION 1. In Colorado Revised Statutes, 42-4-110, amend (1)2
6057 introductory portion, (1)(d), and (3) as follows:3
6158 42-4-110. Provisions uniform throughout state - legislative4
6259 declaration. (1) The provisions of this article shall
6360 THIS ARTICLE 4 MUST5
6461 be applicable and uniform throughout this state and in all political6
6562 subdivisions and municipalities. therein. Cities and counties, incorporated7
6663 cities and towns, and counties shall regulate and enforce all traffic and8
6764 parking restrictions on streets which THAT are state highways as provided9
6865 in section 43-2-135 (1)(g), C.R.S., and all local authorities may enact and10
6966 enforce traffic regulations on other roads and streets within their11
7067 respective jurisdictions. All such regulations shall be ARE subject to the12
7168 following conditions and limitations:13
7269 (d) (I) In no event shall Local authorities DO NOT have the power14
7370 to enact by ordinance regulations governing:15
7471 (A) The driving of vehicles by persons A VEHICLE BY A PERSON16
7572 1112-2- under the influence of alcohol or of a controlled substance, as defined in1
7673 section 18-18-102 (5), C.R.S., or under the influence of any other drug to2
7774 a degree that renders any such THE person incapable of safely operating3
7875 a vehicle, or
7976 BY A PERSON whose ability to operate a vehicle is impaired4
8077 by the consumption of alcohol or by the use of a controlled substance, as5
8178 defined in section 18-18-102 (5), C.R.S.,
8279 or any other drug;6
8380 (B) The registration of vehicles and the licensing of drivers;7
8481 (C) The duties and obligations of persons involved in traffic8
8582 accidents; and9
8683 (D) Vehicle equipment requirements in conflict with the10
8784 provisions of this article; ARTICLE 4.11
8885 (II) but said Local authorities, within their respective jurisdictions,12
8986 shall enforce the state laws pertaining to these THE subjects DESCRIBED IN13
9087 SUBSECTION (1)(d)(I) OF THIS SECTION, and in every charge of violation14
9188 the complaint shall MUST specify the section of state law under which the15
9289 charge is made and the state court having jurisdiction.16
9390 (3) No A person convicted of or pleading guilty to a violation of17
9491 a municipal traffic ordinance shall IS NOT SUBJECT TO be charged or tried18
9592 in a state court for the same or a similar offense
9693 ARISING FROM THE SAME19
9794 EVENT.20
9895 SECTION 2. In Colorado Revised Statutes, 42-4-111, add21
9996 (1)(gg) as follows:22
10097 42-4-111. Powers of local authorities. (1) Except as otherwise23
10198 provided in subsection (2) of this section, this article 4 does not prevent24
10299 local authorities, with respect to streets and highways under their25
103100 jurisdiction and within the reasonable exercise of the police power, from:26
104101 (gg) E
105102 NFORCING THE REQUIREMENT THAT A VEHICLE , TRAILER,27
106103 1112
107104 -3- SEMITRAILER, OR MOTOR VEHICLE BE REGISTERED AS REQUIRED IN1
108105 ARTICLE 3 OF THIS TITLE 42. THIS SUBSECTION (1)(gg) DOES NOT2
109106 AUTHORIZE A LOCAL AUTHORITY TO ENACT AN ORDINANCE OR3
110107 RESOLUTION THAT REQUIRES THE OWNER OF A MOTOR VEHICLE, TRAILER,4
111108 SEMITRAILER, OR VEHICLE TO REGISTER THE MOTOR VEHICLE, TRAILER,5
112109 SEMITRAILER, OR VEHICLE WITH THE LOCAL AUTHORITY .6
113110 7
114111 SECTION 3. In Colorado Revised Statutes, add 42-4-1720 as8
115112 follows:9
116113 42-4-1720. Registration violations - dismissal upon compliance10
117114 - notice required. (1) A COURT MAY DISMISS A VIOLATION FOR FAILING11
118115 TO REGISTER A VEHICLE, TRAILER, SEMITRAILER, OR MOTOR VEHICLE IN12
119116 VIOLATION OF SECTION 42-3-103 (1) OR (4), 42-3-114, 42-3-115, OR13
120117 42-6-140 OR OF THE RULES OF THE DEPARTMENT IMPLEMENTING SECTION14
121118 42-3-102 IF:15
122119 (a) THE VEHICLE, TRAILER, SEMITRAILER, OR MOTOR VEHICLE WAS16
123120 UNREGISTERED FOR NO MORE THAN FOUR MONTHS AT THE TIME OF THE17
124121 VIOLATION;18
125122 (b) THE OWNER REGISTERED THE VEHICLE, TRAILER, SEMITRAILER,19
126123 OR MOTOR VEHICLE BEFORE THE OWNER 'S FIRST COURT DATE AS LISTED ON20
127124 THE CITATION OR SUMMONS; AND21
128125 (c) THE OWNER PAYS TO THE COURT A THIRTY -DOLLAR22
129126 ADMINISTRATIVE DISMISSAL FEE IF THE COURT IS A MUNICIPAL COURT.23
130127 (2) A PEACE OFFICER WHO CHARGES A PERSON FOR A VIOLATION24
131128 DESCRIBED IN THE INTRODUCTORY PORTION OF SUBSECTION (1) OF THIS25
132129 SECTION MUST NOTIFY THE DEFENDANT OF THE OPPORTUNITY TO HAVE26
133130 THE CHARGE DISMISSED BY THE COURT, IF THE REGISTRATION THAT LED TO27
134131 1112
135132 -4- THE CITATION OR SUMMONS IS EXPIRED FOR FOUR MONTHS OR LESS AT THE1
136133 TIME OF THE VIOLATION AND IF REGISTRATION IS RENEWED PRIOR TO THE2
137134 FIRST COURT DATE LISTED ON THE CITATION OR SUMMONS , BY EITHER:3
138135 (a) ORAL MEANS IF NOTIFICATION BY ELECTRONIC MEANS ON THE4
139136 CITATION IS NOT IMPLEMENTED; OR5
140137 (b) ELECTRONIC MEANS ON THE CITATION IF IMPLEMENTED .6
141138 SECTION 4. Act subject to petition - effective date -7
142139 applicability. (1) This act takes effect at 12:01 a.m. on the day following8
143140 the expiration of the ninety-day period after final adjournment of the9
144141 general assembly; except that, if a referendum petition is filed pursuant10
145142 to section 1 (3) of article V of the state constitution against this act or an11
146143 item, section, or part of this act within such period, then the act, item,12
147144 section, or part will not take effect unless approved by the people at the13
148145 general election to be held in November 2026 and, in such case, will take14
149146 effect on the date of the official declaration of the vote thereon by the15
150147 governor.16
151148 (2) This act applies to offenses committed on or after the17
152149 applicable effective date of this act.18
153150 1112
154151 -5-