Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 10-0038.01 Jason Gelender SENATE BILL 10-044 SENATE SPONSORSHIP Lundberg, Kester, King K., Mitchell, Scheffel, Schultheis HOUSE SPONSORSHIP Lambert, Baumgardner, McNulty, Murray, Priola, Sonnenberg Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning the repeal of statutory changes enacted by Senate Bill 09-108. 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://www.leg.state.co.us/billsummaries.) Effective July 1, 2010: Section 2 of the bill repeals the mandatory late vehicle registration fee of $25 per month up to a maximum of $100 enacted by Senate Bill 09-108 and reinstates the waivable fee of up to $10 that was in effect prior to the enactment of Senate Bill 09-108. Section 5 of the bill repeals the supplemental unregistered vehicle fine of $25 per month up to a maximum of $100 enacted by Senate Bill 09-108 that is imposed on a person who is convicted of a misdemeanor for knowingly failing to register a vehicle within 90 days of becoming a Colorado resident. Sections 1, 3, 4, and 6 of the bill make conforming amendments. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 42-3-103 (4) (a), Colorado Revised Statutes, is amended to read: 42-3-103. Registration required - exemptions. (4) (a) Within ninety days after becoming a resident of Colorado, an owner of a motor vehicle required to be registered by subsection (1) of this section shall register such vehicle with the department, irrespective of such vehicle being registered within another state or country. A person who violates this paragraph (a) is subject to the penalties provided in sections section 42-6-139. and 43-4-804 (1) (d), C.R.S. SECTION 2. 42-3-112, Colorado Revised Statutes, is amended to read: 42-3-112. Failure to pay tax - penalty. (1) If a vehicle subject to taxation under this article is not registered when required by law, the vehicle owner shall pay is subject to a late fee of twenty-five dollars for each month or portion of a month following the expiration of the registration period, or, if applicable, the expiration of the grace period described in section 42-3-114 for which the vehicle is unregistered; except that the amount of the late fee shall not exceed one hundred dollars. The late fee shall be up to ten dollars, as determined by the department or authorized agent registering the vehicle, which is due when the vehicle is registered. The department or the authorized agent registering the vehicle may waive the late fee. (2) Ten dollars of The late registration fee shall be retained by the department or the authorized agent who registers the motor vehicle. Each authorized agent shall remit to the department no less frequently than once a month, but otherwise at the time and in the manner required by the executive director of the department, the remainder of the late registration fees collected by the authorized agent. The executive director shall forward all late registration fees remitted by authorized agents plus the remainder of the late registration fees collected directly by the department to the state treasurer, who shall credit the fees to the highway users tax fund in accordance with section 43-4-804 (1) (e), C.R.S. (3) The late fee described in subsection (1) of this section shall not be imposed on a vehicle subject to taxation under this article if: (a) The person who owns the vehicle uses the vehicle in operating a commercial business and, as part of the normal operation of the business, idles the vehicle so that it is not operated on any public highway in this state for at least one full registration period. Nothing in this paragraph (a) shall be construed to exempt the owner of an idled vehicle from paying any fees imposed pursuant to this article other than the late fee before again operating the vehicle on a public highway in this state or from paying any taxes imposed pursuant to this article. (b) The person who owns the vehicle is in the active military service of the United States and is serving outside the state when a registration period and grace period for renewal of registration for the vehicle end and the vehicle is not operated on any public highway of the state between the time the registration period and grace period end and the time the vehicle is reregistered. Nothing in this paragraph (b) shall be construed to exempt the owner of such a vehicle from paying any fees imposed pursuant to this article other than the late fee before again operating the vehicle on a public highway in this state or from paying any taxes imposed pursuant to this article. (c) The vehicle registration expired during the period the vehicle was reported stolen. SECTION 3. 42-6-140, Colorado Revised Statutes, is amended to read: 42-6-140. Registration upon becoming resident. Within ninety days after becoming a resident of Colorado, the owner of a motor vehicle shall apply for a Colorado certificate of title, a license, and registration for the vehicle that is registered, that is licensed, or for which a certificate of title is issued in another state. Any person who violates the provisions of this section is subject to the penalties provided in sections section 42-6-139. and 43-4-804 (1) (d), C.R.S. SECTION 4. 43-4-205 (6.3), Colorado Revised Statutes, is amended to read: 43-4-205. Allocation of fund. (6.3) Revenues from the surcharges, fees, and fines surcharges and fees credited to the highway users tax fund pursuant to section 43-4-804 (1) shall be allocated and expended in accordance with the formula specified in paragraph (b) of subsection (6) of this section. SECTION 5. The introductory portion to 43-4-804 (1) and 43-4-804 (1) (d) and (1) (e), Colorado Revised Statutes, are amended to read: 43-4-804. Highway safety projects - surcharges and fees - crediting of moneys to highway users tax fund. (1) On and after July 1, 2009, the following surcharges, fees, and fines surcharges and fees shall be collected and credited to the highway users tax fund created in section 43-4-201 (1) (a) and allocated to the state highway fund, counties, and municipalities as specified in section 43-4-205 (6.3): (d) (I) A supplemental unregistered vehicle fine imposed in addition to the fine imposed pursuant to section 42-6-139 (3), C.R.S., upon conviction of a misdemeanor for knowingly failing to register a vehicle within ninety days of becoming a resident of this state as required by section 42-3-103 (4) (a), C.R.S. (II) The supplemental unregistered vehicle fine shall be collected at the same time as the fine imposed pursuant to section 42-6-139 (3), C.R.S. The amount of the supplemental unregistered vehicle fine shall be twenty-five dollars for each month or portion of a month that the vehicle remained unregistered following the ninety-day period during which initial registration was required; except that the amount of the supplemental unregistered vehicle fine shall not exceed one hundred dollars. All supplemental unregistered vehicle fines shall be forwarded to the state treasurer, who shall credit the fines to the highway users tax fund. (e) Late registration fees required to be credited to the highway users tax fund pursuant to section 42-3-112 (2), C.R.S. SECTION 6. The introductory portion to 43-4-811 (1), Colorado Revised Statutes, is amended to read: 43-4-811. Transit and rail division - funding for local transit grants. (1) Notwithstanding any other provision of law, for state fiscal year 2009-10 and for each succeeding state fiscal year the allocation of the surcharges, fees, and fines surcharges and fees imposed and credited to the highway users tax fund created in section 43-4-201 (1) (a) pursuant to section 43-4-804 (1) and allocated to the state highway fund, counties, and municipalities as specified in section 43-4-205 (6.3) shall be modified as follows: SECTION 7. Effective date. This act shall take effect July 1, 2010, and shall apply to late registration fees accrued on or after said date. SECTION 8. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.