37 | 34 | | SENATE SPONSORSHIP |
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38 | 35 | | Exum and Frizell, |
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39 | 36 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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40 | 37 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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41 | 38 | | Dashes through the words or numbers indicate deletions from existing law. ! The penalties imposed for the violation if the court finds |
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42 | 39 | | that the failure to register the vehicle was for good cause; |
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43 | 40 | | ! The past-due specific ownership tax if the person |
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44 | 41 | | demonstrates that the person's household had an income |
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45 | 42 | | that was 150% or less below the current federal poverty |
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46 | 43 | | line when the violation occurred; or |
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47 | 44 | | ! The past-due fees, past-due specific ownership tax, and |
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48 | 45 | | penalties if the person demonstrates that the person's |
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49 | 46 | | household had an income that was 100% or less below the |
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50 | 47 | | current federal poverty line when the violation occurred. |
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51 | 48 | | The department of revenue will adopt forms and rules to implement the |
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52 | 49 | | bill. Current law requires each court to send an abstract of each |
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53 | 50 | | conviction to the department for the person's driving record. The bill |
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54 | 51 | | requires this abstract to include any waivers granted under the bill and the |
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55 | 52 | | amount of the waivers. The department will include information |
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56 | 53 | | regarding the number and amount of waivers granted in its "SMART Act" |
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57 | 54 | | hearing. |
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58 | 55 | | Be it enacted by the General Assembly of the State of Colorado:1 |
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59 | 56 | | SECTION 1. In Colorado Revised Statutes, 42-4-110, amend (1)2 |
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60 | 57 | | introductory portion, (1)(d), and (3) as follows:3 |
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61 | 58 | | 42-4-110. Provisions uniform throughout state - legislative4 |
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62 | 59 | | declaration. (1) The provisions of this article shall |
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63 | 60 | | THIS ARTICLE 4 MUST5 |
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64 | 61 | | be applicable and uniform throughout this state and in all political6 |
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65 | 62 | | subdivisions and municipalities. therein. Cities and counties, incorporated7 |
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66 | 63 | | cities and towns, and counties shall regulate and enforce all traffic and8 |
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67 | 64 | | parking restrictions on streets which THAT are state highways as provided9 |
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68 | 65 | | in section 43-2-135 (1)(g), C.R.S., and all local authorities may enact and10 |
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69 | 66 | | enforce traffic regulations on other roads and streets within their11 |
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70 | 67 | | respective jurisdictions. All such regulations shall be ARE subject to the12 |
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71 | 68 | | following conditions and limitations:13 |
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72 | 69 | | (d) (I) In no event shall Local authorities DO NOT have the power14 |
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73 | 70 | | to enact by ordinance regulations governing:15 |
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74 | 71 | | (A) The driving of vehicles by persons A VEHICLE BY A PERSON16 |
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75 | 72 | | 1112-2- under the influence of alcohol or of a controlled substance, as defined in1 |
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76 | 73 | | section 18-18-102 (5), C.R.S., or under the influence of any other drug to2 |
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77 | 74 | | a degree that renders any such THE person incapable of safely operating3 |
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78 | 75 | | a vehicle, or |
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79 | 76 | | BY A PERSON whose ability to operate a vehicle is impaired4 |
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80 | 77 | | by the consumption of alcohol or by the use of a controlled substance, as5 |
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81 | 78 | | defined in section 18-18-102 (5), C.R.S., |
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82 | 79 | | or any other drug;6 |
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83 | 80 | | (B) The registration of vehicles and the licensing of drivers;7 |
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84 | 81 | | (C) The duties and obligations of persons involved in traffic8 |
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85 | 82 | | accidents; and9 |
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86 | 83 | | (D) Vehicle equipment requirements in conflict with the10 |
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87 | 84 | | provisions of this article; ARTICLE 4.11 |
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88 | 85 | | (II) but said Local authorities, within their respective jurisdictions,12 |
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89 | 86 | | shall enforce the state laws pertaining to these THE subjects DESCRIBED IN13 |
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90 | 87 | | SUBSECTION (1)(d)(I) OF THIS SECTION, and in every charge of violation14 |
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91 | 88 | | the complaint shall MUST specify the section of state law under which the15 |
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92 | 89 | | charge is made and the state court having jurisdiction.16 |
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93 | 90 | | (3) No A person convicted of or pleading guilty to a violation of17 |
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94 | 91 | | a municipal traffic ordinance shall IS NOT SUBJECT TO be charged or tried18 |
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95 | 92 | | in a state court for the same or a similar offense |
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96 | 93 | | ARISING FROM THE SAME19 |
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97 | 94 | | EVENT.20 |
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98 | 95 | | SECTION 2. In Colorado Revised Statutes, 42-4-111, add21 |
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99 | 96 | | (1)(gg) as follows:22 |
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100 | 97 | | 42-4-111. Powers of local authorities. (1) Except as otherwise23 |
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101 | 98 | | provided in subsection (2) of this section, this article 4 does not prevent24 |
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102 | 99 | | local authorities, with respect to streets and highways under their25 |
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103 | 100 | | jurisdiction and within the reasonable exercise of the police power, from:26 |
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104 | 101 | | (gg) E |
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105 | 102 | | NFORCING THE REQUIREMENT THAT A VEHICLE , TRAILER,27 |
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106 | 103 | | 1112 |
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107 | 104 | | -3- SEMITRAILER, OR MOTOR VEHICLE BE REGISTERED AS REQUIRED IN1 |
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108 | 105 | | ARTICLE 3 OF THIS TITLE 42. THIS SUBSECTION (1)(gg) DOES NOT2 |
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109 | 106 | | AUTHORIZE A LOCAL AUTHORITY TO ENACT AN ORDINANCE OR3 |
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110 | 107 | | RESOLUTION THAT REQUIRES THE OWNER OF A MOTOR VEHICLE, TRAILER,4 |
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111 | 108 | | SEMITRAILER, OR VEHICLE TO REGISTER THE MOTOR VEHICLE, TRAILER,5 |
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112 | 109 | | SEMITRAILER, OR VEHICLE WITH THE LOCAL AUTHORITY .6 |
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113 | 110 | | 7 |
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114 | 111 | | SECTION 3. In Colorado Revised Statutes, add 42-4-1720 as8 |
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115 | 112 | | follows:9 |
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116 | 113 | | 42-4-1720. Registration violations - dismissal upon compliance10 |
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117 | 114 | | - notice required. (1) A COURT MAY DISMISS A VIOLATION FOR FAILING11 |
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118 | 115 | | TO REGISTER A VEHICLE, TRAILER, SEMITRAILER, OR MOTOR VEHICLE IN12 |
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119 | 116 | | VIOLATION OF SECTION 42-3-103 (1) OR (4), 42-3-114, 42-3-115, OR13 |
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120 | 117 | | 42-6-140 OR OF THE RULES OF THE DEPARTMENT IMPLEMENTING SECTION14 |
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121 | 118 | | 42-3-102 IF:15 |
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122 | 119 | | (a) THE VEHICLE, TRAILER, SEMITRAILER, OR MOTOR VEHICLE WAS16 |
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123 | 120 | | UNREGISTERED FOR NO MORE THAN FOUR MONTHS AT THE TIME OF THE17 |
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124 | 121 | | VIOLATION;18 |
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125 | 122 | | (b) THE OWNER REGISTERED THE VEHICLE, TRAILER, SEMITRAILER,19 |
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126 | 123 | | OR MOTOR VEHICLE BEFORE THE OWNER 'S FIRST COURT DATE AS LISTED ON20 |
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127 | 124 | | THE CITATION OR SUMMONS; AND21 |
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128 | 125 | | (c) THE OWNER PAYS TO THE COURT A THIRTY -DOLLAR22 |
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129 | 126 | | ADMINISTRATIVE DISMISSAL FEE IF THE COURT IS A MUNICIPAL COURT.23 |
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130 | 127 | | (2) A PEACE OFFICER WHO CHARGES A PERSON FOR A VIOLATION24 |
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131 | 128 | | DESCRIBED IN THE INTRODUCTORY PORTION OF SUBSECTION (1) OF THIS25 |
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132 | 129 | | SECTION MUST NOTIFY THE DEFENDANT OF THE OPPORTUNITY TO HAVE26 |
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133 | 130 | | THE CHARGE DISMISSED BY THE COURT, IF THE REGISTRATION THAT LED TO27 |
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134 | 131 | | 1112 |
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135 | 132 | | -4- THE CITATION OR SUMMONS IS EXPIRED FOR FOUR MONTHS OR LESS AT THE1 |
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136 | 133 | | TIME OF THE VIOLATION AND IF REGISTRATION IS RENEWED PRIOR TO THE2 |
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137 | 134 | | FIRST COURT DATE LISTED ON THE CITATION OR SUMMONS , BY EITHER:3 |
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138 | 135 | | (a) ORAL MEANS IF NOTIFICATION BY ELECTRONIC MEANS ON THE4 |
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139 | 136 | | CITATION IS NOT IMPLEMENTED; OR5 |
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140 | 137 | | (b) ELECTRONIC MEANS ON THE CITATION IF IMPLEMENTED .6 |
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141 | 138 | | SECTION 4. Act subject to petition - effective date -7 |
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142 | 139 | | applicability. (1) This act takes effect at 12:01 a.m. on the day following8 |
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143 | 140 | | the expiration of the ninety-day period after final adjournment of the9 |
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144 | 141 | | general assembly; except that, if a referendum petition is filed pursuant10 |
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145 | 142 | | to section 1 (3) of article V of the state constitution against this act or an11 |
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146 | 143 | | item, section, or part of this act within such period, then the act, item,12 |
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147 | 144 | | section, or part will not take effect unless approved by the people at the13 |
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148 | 145 | | general election to be held in November 2026 and, in such case, will take14 |
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149 | 146 | | effect on the date of the official declaration of the vote thereon by the15 |
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150 | 147 | | governor.16 |
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151 | 148 | | (2) This act applies to offenses committed on or after the17 |
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152 | 149 | | applicable effective date of this act.18 |
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153 | 150 | | 1112 |
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154 | 151 | | -5- |
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