HOUSE Amended 2nd Reading March 29, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 12-0180.02 Jery Payne x2157 HOUSE BILL 12-1066 HOUSE SPONSORSHIP Priola, SENATE SPONSORSHIP Tochtrop, House Committees Senate Committees Transportation Appropriations Finance Appropriations A BILL FOR AN ACT Concerning the application of vehicle laws to powersports vehicles, and, in connection therewith, making an appropriation. 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.) The bill authorizes off-highway vehicles to be operated on the road with the following limitations: The rider must be licensed; The vehicle must be registered with the department of revenue; The vehicle must be insured; The vehicle cannot be driven on a road with a speed limit greater than 45 miles per hour except to cross the road; The vehicle cannot be operated on a limited-access highway or state highway; except that the Colorado department of transportation may authorize the use of off-highway vehicles on state highways outside of municipalities; The vehicle cannot be driven in certain counties or municipalities with larger populations unless the local government has authorized it; The driver cannot carry more people than the vehicle is designed for; The vehicle cannot exceed 40 miles per hour; and The vehicle must meet equipment standards, including: Seats, seatbelts, brakes, stoplights, red reflectors, mirrors, and headlamps. Drivers of off-highway vehicles must obey the rules of the road. A dealer may act as the agent of the department of revenue to issue temporary registrations of off-highway vehicles. The department issues license plates to registered vehicles, but the plates do not need to be renewed. The owner pays a registration fee of $10, a county fee of $4, and the motorist insurance database fee of $0.50. "Powersports vehicles" include snowmobiles and off-highway vehicles. A repair shop that is entitled to a lien on a powersports vehicle and has released the vehicle for a promise of payment may restore the lien if a person's check is dishonored, in the same manner as with motor vehicles. Powersports vehicles must be titled in the same manner as motor vehicles when sold by a powersports dealer except with regard to statutory provisions that assume the vehicle will be registered with the department of revenue. Powersports vehicles may be registered by an owner. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 10-4-601, amend (6), (10) introductory portion, and (10) (b); and add (3.5) as follows: 10-4-601. Definitions. As used in this part 6, unless the context otherwise requires: (3.5) "Covered off-highway vehicle" has the meaning set forth in section 42-1-102 (20.5), C.R.S. (6) "Motor vehicle" means a motor vehicle and a low-power scooter, as both terms are defined in section 42-1-102, C.R.S., and a covered off-highway vehicle; except that "motor vehicle" does not include a toy vehicle, snowmobile, off-highway vehicle, or vehicle designed primarily for use on rails. (10) "Policy" means an automobile a motor vehicle insurance policy providing coverage for all or any of the following coverages: Collision, comprehensive, bodily injury liability, property damage liability, medical payments, and uninsured motorist coverage, or a combination automobile motor vehicle policy providing bodily injury liability, property damage liability, medical payments, uninsured motorist, and physical damage coverage, delivered or issued for delivery in this state, insuring a single individual, or husband and wife, or family members residing in the same household, as named insured, and under which the insured vehicles therein designated in the policy are of the following types only: (b) Any other four-wheel motor or covered off-highway vehicle with a load capacity of fifteen one thousand five hundred pounds or less that is not used in the occupation, profession, or business of the insured. SECTION 2. In Colorado Revised Statutes, amend 10-4-606 as follows: 10-4-606. Further notice. When automobile bodily injury and property damage liability coverage is cancelled, other than for nonpayment of premium, or in the event of failure to renew automobile bodily injury and property damage liability coverage to which section 10-4-604 applies, the insurer shall notify the named insured of his or her possible eligibility for automobile liability insurance through an assigned risk plan established pursuant to section 10-4-412 and shall notify the insured as to where he or she may obtain information concerning such the plan. Such To be valid, the notice shall must accompany or be included in the notice of cancellation or the notice of intent not to renew. SECTION 3. In Colorado Revised Statutes, 10-4-608, amend (1) introductory portion, (1) (b), and (1) (d) as follows: 10-4-608. Exemptions. (1) This part 6 shall does not apply to any policy: (b) Insuring more than four automobiles motor vehicles; (d) Covering a garage, automobile sales agency motor vehicle dealer, as defined in section 12-6-102, C.R.S., powersports vehicle dealer, as defined in section 12-6-502, C.R.S., repair shop, service station, or public parking place operation hazard; or SECTION 4. In Colorado Revised Statutes, 10-4-609, amend (1) (a) as follows: 10-4-609. Insurance protection against uninsured motorists - applicability. (1) (a) No automobile liability or motor vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall be delivered or issued for delivery in this state with respect to any a motor vehicle licensed for highway use in this state unless coverage is provided therein in or supplemental thereto to the policy, in limits for bodily injury or death set forth in section 42-7-103 (2), C.R.S., under provisions approved by the commissioner, for the protection of persons insured thereunder under the policy who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease, including death, resulting therefrom; except that the named insured may reject such the coverage in writing. SECTION 5. In Colorado Revised Statutes, 10-4-613, amend (1) as follows: 10-4-613. Glass repair and replacement. (1) No insurance company, domestic or foreign, or any agent or employee of such a company, shall require or permit that automobile glass repair or replacement work must be performed by a particular facility, individual, or business establishment as a condition of payment of a claim. However, an insurance company may provide require that payments for such the work shall be limited to a fair competitive price. No insurance company that issues, delivers, or renews such a policy shall fail to pay for the repair or replacement of automobile glass by an insured's chosen vendor, nor shall any such insurance company engage in any act or practice of intimidation, coercion, or threat for or against any insured person or entity to use a particular vendor or location for such glass repair or replacement work. No insurance company shall agree to refund or rebate any applicable deductible or portion thereof as an incentive or inducement to any insured to use a particular vendor or location for glass repair or replacement work. The provisions of This section shall apply applies to all policies of insurance delivered, issued for delivery, or renewed in this state that cover motor vehicles. SECTION 6. In Colorado Revised Statutes, 10-4-617, amend (5) as follows: 10-4-617. Insurers - biannual fee - auto theft prevention authority. (5) As used in this section, "motor vehicle" does not include vehicles a vehicle or vehicle combinations combination with a declared gross weight of more than twenty-six thousand pounds or a powersports vehicle, toy vehicle, snowmobile, off-highway vehicle, or vehicle designed primarily for use on rails. SECTION 7. In Colorado Revised Statutes, 10-4-621, amend (2) and (3) as follows: 10-4-621. Required coverages are minimum. (2) On and after January 1, 2005, all Insurers shall offer collision coverage for damage to insured motor vehicles subject to deductibles of one hundred dollars and two hundred fifty dollars. Insurers may offer such other reasonable deductibles as they deem appropriate. If the accident occurs within the United States or its territories or possessions, collision coverage shall must provide insurance without regard to fault against accidental property damage to the insured motor vehicle because of: (a) Physical contact with another motor vehicle or motor vehicle caused by physical contact of the insured with another object; or (b) by The upset of the insured motor vehicle. if the accident occurs within the United States or its territories or possessions. (3) No insurer may surcharge, refuse to write, cancel, or nonrenew a complying policy of automobile insurance based solely on the method of compliance or level of coverage chosen, as long as the requirements are met under section 42-3-105 (1) (d) (I) or (1) (f), C.R.S. SECTION 8. In Colorado Revised Statutes, amend 10-4-630 (1) as follows: 10-4-630. Exclusion of named driver. (1) In any case where an insurer is authorized under this part 6 to cancel or refuse to renew or increase the premiums on an automobile liability insurance a policy under which more than one person is insured because of the claim experience or driving record of one or more but less than all of the persons insured under the policy, the insurer shall in lieu of cancellation, nonrenewal, or premium increase offer to continue or renew the insurance but to exclude from coverage, by name, the person whose claim experience or driving record would have justified the cancellation or nonrenewal. The premiums charged on any such policy excluding a named driver shall not reflect the claims, experience, or driving record of the excluded named driver. SECTION 9. In Colorado Revised Statutes, amend 10-4-633 as follows: 10-4-633. Certification of policy and notice forms. (1) All insurers providing automobile motor vehicle insurance and who are authorized by the commissioner to conduct business in Colorado shall submit an annual report to the commissioner listing any policy forms, endorsements, cancellation notices, renewal notices, disclosure forms, notices of proposed premium increases, notices of proposed reductions in coverage, and such any other forms as may be requested by the commissioner issued or delivered to any policyholder in Colorado. Such The listing shall must be submitted no later than July 1 of each year and shall must contain a certification by an officer of the organization that, to the best of the officer's knowledge, each policy form, endorsement, or notice form in use complies with Colorado law. The commissioner shall determine the necessary elements of the certification. shall be determined by the commissioner. (2) All insurers providing automobile motor vehicle insurance and who are authorized by the commissioner to conduct business in Colorado shall also submit to the commissioner a list listing of any new policy form, endorsement, cancellation notice, renewal notice, disclosure form, notice of proposed premium increase, notice of proposed reductions in coverage, and any other form as may be requested by the commissioner at least thirty-one days before using such the policy form, endorsement, cancellation notice, renewal notice, disclosure form, notice of proposed premium increase, notice of proposed reductions in coverage, and any or other form. as may be requested by the commissioner. Such The listing shall must also contain a certification by an officer of the organization that, to the best of the officer's knowledge, each new policy form, endorsement, or notice form proposed to be used complies with Colorado law. The commissioner shall determine the necessary elements of the certification. shall be determined by the commissioner. (3) The commissioner shall have the power to may examine and investigate insurers authorized to conduct business in Colorado to determine whether automobile policy forms, endorsements, cancellation notices, renewal notices, disclosure forms, notices of proposed premium increases, notices of proposed reductions in coverage, and such any other forms as may be requested by the commissioner comply with the certification of the organization and statutory mandates. SECTION 10. In Colorado Revised Statutes, 10-4-633.5, amend (1) (a) and (5) as follows: 10-4-633.5. Insurance policies - plain language required - rules. (1) (a) An insurer issuing or renewing automobile insurance policies subject to this part 6 shall not issue or renew a policy unless the text of the policy form does not exceed the tenth-grade level, as measured by the Flesch-Kincaid grade level formula, or does not score less than fifty as measured by the Flesch reading ease formula. (5) (a) The requirements of This section shall does not apply to commercial automobile vehicle insurance coverage. (b) For the purpose of this subsection (5), "commercial automobile vehicle insurance coverage" means any insurance coverage provided to an insured, regardless of the number of vehicles or entities covered, under a commercial automobile vehicle, garage, motor carrier, or truckers' coverage policy form and rated using either a commercial manual or rating rule. SECTION 11. In Colorado Revised Statutes, 10-4-635, amend (1) (a), (4) introductory portion, and (4) (a) as follows: 10-4-635. Medical payments coverage - disclosure - definitions. (1) (a) Except as otherwise provided in this subsection (1), no automobile liability or motor vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall be delivered or issued for delivery in this state unless coverage is provided in the policy or in a supplemental policy for medical payments with benefits of five thousand dollars for bodily injury, sickness, or disease resulting from the ownership, maintenance, or use of the motor vehicle. (4) This section shall does not apply to: (a) A person obtaining an automobile liability or a motor vehicle policy insuring against loss resulting from the ownership, maintenance, or use of a motorcycle, low-power scooter, or toy vehicle, as defined in section 42-1-102, C.R.S., a snowmobile, as defined in section 33-14-101, C.R.S., or any vehicle designed primarily for use off the road or on rails; SECTION 12. In Colorado Revised Statutes, 10-4-636, amend (1) (a), (2), (4) introductory portion, (4) (a), (4) (b), (4) (d), and (8) as follows: 10-4-636. Disclosure requirements for insurance products offered - rules. (1) (a) An insurer or producer issuing automobile insurance policies shall, as a condition of doing business in this state, have on file for public inspection at the division a summary disclosure form that contains an explanation of the major coverages and exclusions of such the policies of insurance together with a recitation of general factors considered in cancellation, nonrenewal, and increase-in-premium situations. Each summary disclosure form shall must provide notice, in bold-faced letters type, that the policyholder should read the policy for complete details and such that the disclosure form shall not be construed to does not replace any provision of the policy itself. (2) In addition to the disclosure required by subsection (1) of this section, any insurer or producer offering motor vehicle coverage pursuant to under this part 6 shall provide a clear explanation to the insured regarding the products purchased, the amount of coverage purchased, and the applicability of the coverage depending on the determination of fault of the insured in an automobile accident. (4) The disclosure form required by subsection (1) of this section shall must include a disclosure specifying that: (a) Medical payments coverage pays for reasonable health care expenses incurred for bodily injury caused by an automobile a motor vehicle accident, regardless of fault, up to the policy limits chosen by the insured; (b) Medical payments coverage is primary to any health insurance coverage available to an insured when injured in an automobile a motor vehicle accident; (d) An insured who is injured in an automobile a motor vehicle accident will not receive benefits from medical payments coverage for any medical expenses incurred as a result of an accident that is the fault of the insured unless medical payments coverage is purchased. (8) The disclosures required by this section shall do not apply to commercial automobile vehicle insurance policies, as defined by the commissioner in rules adopted pursuant to section 10-4-641 (1). SECTION 13. In Colorado Revised Statutes, 10-4-641, amend (1) as follows: 10-4-641. Rules - medical payments coverage. (1) The commissioner shall promulgate any necessary rules for the administration of medical payments coverage and coordination of benefits and the implementation of section 10-4-636 (4) concerning disclosures required to be made regarding medical payments coverage and the definition of commercial automobile vehicle insurance policies for purposes of the exception allowed in section 10-4-636 (8). Medical payments coverage shall be is primary to any health insurance benefit of a person injured in a motor vehicle accident, and medical payments coverage shall apply applies to any coinsurance or deductible amount required by the injured person's health coverage plan, as defined in section 10-16-102 (22.5). SECTION 14. In Colorado Revised Statutes, add 33-14.5-100.5 as follows: 33-14.5-100.5. Legislative declaration. The general assembly finds, determines, and declares that registration of off-highway vehicles under this article is not a registration fee or other charge with respect to the operation of a motor vehicle upon a public highway. SECTION 15. In Colorado Revised Statutes, 33-14.5-101, amend (3) introductory portion, (3) (d), and (3) (g) as follows: 33-14.5-101. Definitions. As used in this article, unless the context otherwise requires: (3) "Off-highway vehicle" means any a self-propelled vehicle which that is designed to travel on wheels or tracks in contact with the ground, which that is designed primarily for use off of the public highways, and which that is generally and commonly used to transport persons for recreational purposes. "Off-highway vehicle" does not include: the following: (d) Golf carts cars; (g) Motor vehicles registered pursuant to article 3 of title 42, C.R.S. SECTION 16. In Colorado Revised Statutes, 33-14.5-108, amend (1) introductory portion as follows: 33-14.5-108. Off-highway vehicle operation prohibited on streets, roads, and highways. (1) No A person shall not operate an off-highway vehicle may be operated that is not registered under article 3 of title 42, C.R.S., on the public streets, roads, or highways of this state except in the following cases: SECTION 17. In Colorado Revised Statutes, amend 38-20-106.5 as follows: 38-20-106.5. Motor vehicle repair garages - restoration of liens. (1) (a) A motor or powersports vehicle repair garage which that is entitled to a lien under section 38-20-106 for motor vehicle repairs and which that has released the motor or powersports vehicle upon receipt of payment for such the repairs in the form of a check, draft, or order for the payment of money upon any bank, depository, person, firm, or corporation shall be a financial institution is entitled to the restoration of the lien if: (I) The check, draft, or order is not honored for full payment or is dishonored upon its presentment; and if (II) The maker, issuer, or drawer fails, within twelve days after receiving notice from the motor or powersports vehicle repair garage of nonpayment or dishonor, to pay the check, draft, or order. (b) In the event such If the motor or powersports vehicle repair garage has released the a motor or powersports vehicle upon an open account, the motor vehicle repair garage shall be is entitled to restoration of the lien if: (I) The total amount as agreed upon by the parties is not paid when due as agreed upon by the parties; and if (II) The debtor fails, within twelve days after receiving notice from the motor vehicle repair garage of nonpayment, to pay the amount due. (c) Restoration of such the lien shall entitle entitles the motor or powersports vehicle repair garage to regain possession of the motor or powersports vehicle. In regaining possession, the motor vehicle repair garage may proceed without judicial process if this can be done without breach of the peace or may proceed by action. (2) "Notice", as used in subsection (1) of this section, means notice given to the person entitled thereto to the notice, either in person or in writing. Such The notice in writing shall be conclusively presumed to have been is given when deposited by registered or certified mail, return receipt requested and postage prepaid, in the United States mail and addressed to such the person at his the person's address as it appears on the invoice or such on the person's check, draft, or order or, in the case of an open account, as it appears on the account records of the motor or powersports vehicle repair garage. Any The garage shall not give notice regarding an open account may only be given subsequent to nonpayment until an agreed payment is past due. SECTION 18. In Colorado Revised Statutes, 39-26-113, amend (1), (6) (a), and (6) (b); and add (7) as follows: 39-26-113. Collection of sales tax - motor vehicles - powersports vehicles - exemption. (1) No registration shall be made of The department of revenue or its authorized agent shall not register a motor or other vehicle for which registration is required and no or issue a certificate of title shall be issued for such a motor vehicle, powersports vehicle, or for a mobile home by the department of revenue or its authorized agent until any tax due on the sale and purchase of such the vehicle pursuant to under section 29-2-106, C.R.S., or section 39-26-106 or imposed by ordinance of any home rule city has been paid. (6) (a) In the case of a seller-financed sale in which the seller has added the sales tax due on the sale to the financed sales price of the motor or powersports vehicle and the purchaser has defaulted or otherwise failed to make payments due to the seller, the seller shall be entitled to may deduct all portions of the unreceived payments that are attributable to the sales tax due on the sale from the next sales tax return made by the seller pursuant to under this article. If the amount to be so deducted pursuant to this subsection (6) exceeds the amount of sales tax to be remitted by the seller for the next reporting period, the seller may carry forward the remaining amount of the deduction to future sales tax returns. In no event shall This subsection (6) be construed to does not create a right to a refund or any other payment by the department of revenue to the seller. (b) For purposes of this subsection (6), "seller-financed sale" means a retail sale of a motor or powersports vehicle by a seller licensed pursuant to part 1 of under article 6 of title 12, C.R.S., in which the seller, or a wholly-owned affiliate or subsidiary of the seller, collects all or part of the total consideration paid for the motor vehicle in periodic payments and retains a lien on the motor vehicle until all payments have been received. Except as otherwise provided in this paragraph (b), the term "seller-financed sale" does not include a retail sale of a motor vehicle in which a person other than the seller provides the consideration for the sale and retains a lien on the motor vehicle until all payments have been made. (7) Subsections (1) and (2) of this section do not apply to the sale or transfer of powersports vehicles before April 1, 2013. For a powersports vehicle that was first purchased or transferred before April 1, 2014, and is being issued its first certificate of title or registered for the first time after said date, the department shall not verify that the person paid any tax due on the vehicle. SECTION 19. In Colorado Revised Statutes, 42-1-102, amend (58) and (112); and add (20.5) as follows: 42-1-102. Definitions. As used in articles 1 to 4 of this title, unless the context otherwise requires: (20.5) "Covered off-highway vehicle" means an off-highway vehicle that is registered under article 3 of this title. "Covered off-highway vehicle" does not include an off-highway vehicle being operated on a highway as authorized under one or more paragraphs of section 33-14.5-108 (1), C.R.S. (58) "Motor vehicle" means any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low-speed electric vehicle; except that the term "motor vehicle" does not include low-power scooters, wheelchairs, or vehicles moved solely by human power. For the purposes of the offenses described in sections 42-2-128, 42-4-1301, 42-4-1301.1, and 42-4-1401 for farm tractors and off-highway vehicles, as defined in section 33-14.5-101 (3), C.R.S., operated on streets and highways, "motor vehicle" includes a farm tractor or an off-highway vehicle that is not otherwise classified as a motor vehicle. For the purposes of sections 42-2-127, 42-2-127.7, 42-2-128, 42-2-138, 42-2-206, 42-4-1301, and 42-4-1301.1, "motor vehicle" includes a low-power scooter. (112) "Vehicle" means a device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. "Vehicle" includes, without limitation, a bicycle, electrical assisted bicycle, or EPAMD, but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor, or implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved exclusively over stationary rails or tracks or designed to move primarily through the air. SECTION 20. In Colorado Revised Statutes, 42-1-210, amend (1) (a) as follows: 42-1-210. County clerk and recorders and manager of revenue or other appointed official as agents - legislative declaration - fee. (1) (a) (I) The county clerk and recorder in each county in the state of Colorado, the clerk and recorder in the city and county of Broomfield, and, in the city and county of Denver, the manager of revenue or such other official of the city and county of Denver as may be appointed by the mayor to perform functions related to the registration of motor vehicles, are hereby designated as the authorized agents of the department for the administration of the provisions of articles 3 and 6 of this title relating to registrations of motor vehicles in such counties; and each county; for the enforcement of the provisions of section 42-6-139 relating to concerning the registering and titling of motor vehicles in such counties each county; and for the enforcement of the provisions of section 38-29-120, C.R.S., relating to concerning the titling of manufactured homes; but any such authorized agent in a county has the power to may appoint and employ such motor vehicle registration and license clerks as are actually necessary in the issuance of motor to issue vehicle licenses. and (II) The authorized agent shall retain for the purpose of defraying such expenses, including mailing, a sum equal to a fee of four dollars per paid motor or covered off-highway vehicle registration and registration requiring a metallic plate, plates, individual temporary registration number plates, or validation tab or sticker as provided in section 42-3-201. This fee of four dollars shall apply applies to every registration of a motor or covered off-highway vehicle, that is designed primarily to be operated or drawn on any highway of this state, except such vehicles as are specifically exempted from payment of any registration fee by the provisions of article 3 of this title, and shall be is in addition to the annual registration fee prescribed by law for such the vehicle. The fee of four dollars under this subparagraph (II), when collected by the department, shall be credited to the same fund as registration fees collected by the department. (III) The county clerk and recorders, the clerk and recorder in the city and county of Broomfield, and the manager of revenue or such other official of the city and county of Denver as may be appointed by the mayor to perform functions related to the registration of motor vehicles in the city and county of Denver so designated as the authorized agents of the department, as provided in this section, Authorized agents shall serve as such authorized agents under the provisions of this part 2 without additional remuneration or fees, except as otherwise provided in articles 1 to 6 of this title. SECTION 21. In Colorado Revised Statutes, 42-2-103, amend (1) (c), (2), and (3) as follows: 42-2-103. Motorcycles - low-power scooters - off-highway vehicles - driver's license required. (1) (c) A person shall not operate a two-wheel motorcycle or a two-wheel covered off-highway vehicle on a roadway without a general motorcycle endorsement, but a person who possesses a general motorcycle endorsement may operate any motorcycle or covered off-highway vehicle on the roadway. (2) (a) (I) An operator A driver of a low-power scooter shall possess a valid driver's license or minor driver's license. (II) The driver of a covered off-highway vehicle on a highway shall possess a valid driver's license or minor driver's license unless the covered off-highway vehicle is being operated on a highway as authorized by one or more paragraphs of section 33-14.5-108 (1), C.R.S. (b) No A person shall not drive a low-power scooter shall be operated on any on the interstate system as described in section 43-2-101 (2), C.R.S., except where a bicycle may be operated on such the interstate system. A person shall not drive a low-power scooter on any limited-access road of the state highway system as described in section 43-2-101 (1), C.R.S., or on any a sidewalk unless such operation is specifically designated. Low-power scooters may be operated upon roadways, except as provided in this section, and in bicycle lanes included within such roadways. (3) (a) A person who operates a motorcycle in violation of subsection (1) of this section commits the offense of driving a motor vehicle without the correct class of license in violation of section 42-2-101 (4) and shall be punished as provided in section sections 42-2-101 (10) and 42-4-1701. (b) A person who violates subsection (2) of this section commits a class B traffic infraction, and shall be punished by a fine of fifty dollars as provided in section 42-4-1701 (4). SECTION 22. In Colorado Revised Statutes, 42-2-127, amend (1) (b) and (5) (hh) as follows: 42-2-127. Authority to suspend license - to deny license - type of conviction - points. (1) (b) If any an applicant for a license to operate a motor vehicle has illegally operated a motor or covered off-highway vehicle in this state prior to the issuance of a valid driver's or minor driver's license or instruction permit or in violation of the terms of any instruction permit within thirty-six months prior to said the application, the department has the authority to deny the issuance of said the license for not more than twelve months. (5) Point system schedule: Type of conviction Points (hh) Driving a motor or covered off-highway vehicle while not wearing a seat belt in violation of section 42-2-105.5 (3) 2 SECTION 23. In Colorado Revised Statutes, 42-2-127.7, amend (2) (a) as follows: 42-2-127.7. Authority to suspend driver's license - uninsured motorists - legislative declaration. (2) (a) The department may suspend the driver's license of any person upon its determination that the person drove a vehicle in this state without having in full force and effect a complying policy or certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S., as follows: (I) Upon the first determination that a person operated a motor or covered off-highway vehicle in this state without having in full force and effect a complying policy or certificate of self-insurance as required pursuant to section 10-4-619 or 10-4-624, C.R.S., the department shall suspend the driver's license of a person until the person furnishes proof of financial responsibility, as defined in section 42-7-103 (14), in the manner contemplated by section 42-7-301 (1), in the amount specified in section 10-4-620, C.R.S. (II) Upon the second determination that the person operated a motor or covered off-highway vehicle in this state without having in full force and effect a complying policy or certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S., within five years, the department shall suspend the person's driver's license for a period of four months. (III) Upon the third or subsequent determination that the person operated a motor or covered off-highway vehicle in this state without having in full force and effect a complying policy or certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S., the department shall suspend the person's driver's license for a period of eight months. SECTION 24. In Colorado Revised Statutes, 42-2-206, amend (1) (a) (I), (1) (b) (I) introductory portion, and (2) as follows: 42-2-206. Driving after revocation prohibited. (1) (a) (I) It is unlawful for any person to operate any a motor or covered off-highway vehicle in this state on a highway while the revocation of the department prohibiting the operation remains in effect. Any A person found to be an habitual offender, who operates a motor or covered off-highway vehicle in this state on a highway while the revocation of the department prohibiting such operation is in effect, commits a class 1 misdemeanor. (b) (I) A person commits the crime of aggravated driving with a revoked license if he or she is found to be an habitual offender and thereafter operates a motor or covered off-highway vehicle in this state on a highway while the revocation of the department prohibiting such operation is in effect and, as a part of the same criminal episode, also commits any of the following offenses: (2) For the purpose of enforcing this section in any case in which the accused is charged with driving a motor or covered off-highway vehicle on a highway while such the person's license, permit, or privilege to drive is revoked or is charged with driving on a highway without a license, the court, before hearing such the charges, shall require the district attorney to determine whether such the person has been determined to be an habitual offender and by reason of such the determination is barred from operating a motor or covered off-highway vehicle on the highways of this state highway. If the district attorney determines that the accused has been so held, the district attorney shall cause bring the appropriate criminal charges to be lodged against the accused. SECTION 25. In Colorado Revised Statutes, 42-3-103, add (6) as follows: 42-3-103. Registration required - exemptions - rules. (6) (a) Except as authorized by section 33-14.5-108, C.R.S., the owner of a covered off-highway vehicle shall not operate the vehicle on a roadway unless the owner registers the vehicle with the department. The registration expires when ownership of the covered off-highway vehicle is transferred to another person. (b) Registering an off-highway vehicle under this article does not supercede or change the requirement to register an off-highway vehicle under article 14.5 of title 33, C.R.S. (c) The department shall promulgate rules authorizing powersports vehicle dealers licensed under article 6 of title 12, C.R.S., to be agents of the department for issuing temporary registrations for covered off-highway vehicles. (d) A violation of this subsection (6) is a class B traffic infraction. SECTION 26. In Colorado Revised Statutes, 42-3-105, amend (1) (d), (2), and (4) as follows: 42-3-105. Application for registration - tax. (1) (d) (I) The department or its authorized agents shall not register a motor vehicle, or low-power scooter, or covered off-highway vehicle unless the applicant has a complying motor vehicle insurance policy pursuant to part 6 of article 4 of title 10, C.R.S., or a certificate of self-insurance in full force and effect as required by sections 10-4-619 and 10-4-624, C.R.S. The requirements of this paragraph (d) apply only to motor vehicles classified as Class C personal property under section 42-3-106 (2) (c), to light trucks that do not exceed sixteen thousand pounds empty weight, to sports utility vehicles that are classified as Class B personal property under section 42-3-106 (2) (b), or to low-power scooters, or to covered off-highway vehicles. The applicant shall provide the department or its authorized agents with the proof of insurance certificate or insurance identification card provided to the applicant by the applicant's insurer pursuant to section 10-4-604.5, C.R.S., or provide proof of insurance in such other media as is authorized by the department. Nothing in this paragraph (d) shall be interpreted to preclude precludes the department from electronically transmitting insurance information to designated agents pursuant to section 42-7-604 for the purpose of ensuring compliance with mandatory insurance requirements. (II) Any A person who knowingly provides fraudulent information or documents under subparagraph (I) of this paragraph (d) to obtain registration of a motor vehicle, or low-power scooter, or covered off-highway vehicle is guilty of a misdemeanor and is subject to the criminal and civil penalties provided under section 42-6-139 (3) and (4). (2) Upon applying for registration, The department shall supply the owner of a motor vehicle, or low-power scooter, shall receive or covered off-highway vehicle with a written notice printed on the application for registration, in type that is larger than the other information contained on the application for registration, Such notice shall state stating that motor vehicle insurance or operator's coverage is compulsory in Colorado, that noncompliance is a class 1 misdemeanor traffic offense, that the minimum penalty for such this offense is a five-hundred-dollar fine, and that the maximum penalty for such the offense is one year's imprisonment and a one-thousand-dollar fine. and that such The owner shall, be required as a condition of obtaining a registration card, to sign an affirmation clause that appears on the registration The clause shall state stating, "I swear or affirm in accordance with section 24-12-102, C.R.S., under penalty of perjury that I now have in effect a complying policy of motor vehicle insurance including an operator's policy pursuant to part 6 of article 4 of title 10, C.R.S., or a certificate of self-insurance to cover the vehicle or operator of the vehicle for which this registration is issued, and I understand that such my insurance must be renewed so that coverage is continuous. Signature ____________, Date __________." (4) (a) A motor vehicle dealer, or used motor vehicle dealer, or powersports vehicle dealer licensed under article 6 of this title 12, C.R.S., may act as an authorized agent of the department for the purposes of compliance with this section and collection of fees required for the registration of low-power scooters required by this article. When the owner of the low-power scooter complies with this section, the dealer shall forward to the department an affidavit swearing that the owner has insurance, the statement required by subsection (2) of this section, and the fees required by part 3 of this article for the registration of a low-power scooter. (b) Notwithstanding any provision of law to the contrary, in a civil action for damages or indemnification resulting from the operation of a motor vehicle, a motor vehicle dealer, used motor vehicle dealer, powersports vehicle dealer, or employee thereof shall not be is not liable for an act or omission arising as a result of the dealer or employee performing the functions of an agent pursuant to this subsection (4). (c) Upon finding a pattern of failure to comply with the requirements of paragraph (a) of this subsection (4), the department may withdraw a motor vehicle dealer's, or used motor vehicle dealer's, or powersports dealer's authorization to act as an agent of the department. SECTION 27. In Colorado Revised Statutes, 42-3-201, add (7) as follows: 42-3-201. Number plates furnished - style - periodic reissuance - tabs - rules. (7) (a) Upon registration of a covered off-highway vehicle, the department shall issue a license plate for the vehicle. (b) The owner of a covered off-highway vehicle need not: (I) Reregister the vehicle so long as the covered off-highway vehicle is not sold or transferred to another owner; or (II) Obtain validating stickers or tabs. SECTION 28. In Colorado Revised Statutes, 42-3-202, amend (1) (a) as follows: 42-3-202. Number plates to be attached. (1) (a) Number plates assigned to The owner of a self-propelled vehicle other than a motorcycle, covered off-highway vehicle, or street rod vehicle shall be attached thereto attach the number plates assigned to the vehicle, one in the front and the other in the rear. The number plate assigned to owner of a motorcycle, street rod vehicle, trailer, semitrailer, other vehicle drawn by a motor vehicle, covered off-highway vehicle, or special mobile machinery shall be attached attach the number plate assigned to the rear thereof of the vehicle. Number plates shall must be so displayed during the current registration year, except as otherwise provided in this article. SECTION 29. In Colorado Revised Statutes, 42-3-203, amend (3) (a) (I) and (3) (b) as follows: 42-3-203. Standardized plates - rules. (3) (a) (I) The department may issue individual temporary registration number plates, tags, or certificates good for a period not to exceed sixty days upon application by an owner of a motor or off-highway vehicle or the owner's agent and the payment of a registration fee of two dollars, one dollar and sixty cents to be retained by the authorized agent or department issuing the plates, tags, or certificates and the remainder to be remitted monthly to the department to be transmitted to the state treasurer for credit to the highway users tax fund. (b) The department may issue to licensed motor vehicle dealers and powersports vehicle dealers temporary registration number plates, tags, or certificates in blocks of twenty-five upon payment of a fee of twelve dollars and fifty cents for each block of twenty-five, fifty percent thereof to be retained by the county clerk and recorder and the remainder to be remitted monthly to the department to be transmitted to the state treasurer for credit to the highway users tax fund and allocation and expenditure as specified in section 43-4-205 (5.5) (b), C.R.S. SECTION 30. In Colorado Revised Statutes, 42-3-301, amend (1) (a) as follows: 42-3-301. License plate cash fund - license plate fees. (1) (a) In addition to the payment of any fees for motor vehicle registration or for the issuance of license plates, decals, or validating tabs, each owner of a motor or covered off-highway vehicle issued a license plate, decal, or validating tab for a motor vehicle pursuant to under this article shall also pay a fee to cover the direct costs of such plates, decals, or tabs. The amount of the fee imposed pursuant to this section shall be as specified in paragraph (b) of subsection (2) of this section. SECTION 31. In Colorado Revised Statutes, 42-3-304, amend (18) (d) (I) introductory portion as follows: 42-3-304. Registration fees - passenger and passenger-mile taxes - clean screen fund - repeal. (18) (d) (I) In addition to any other fee imposed by this section, the owner shall pay, at the time of registration of a motor vehicle, or low-power scooter, or covered off-highway vehicle a motorist insurance identification fee. The department shall adjust the fee shall be adjusted annually, by the department, based upon moneys appropriated by the general assembly for the operation of the motorist insurance identification database program, Prior to July 1, 2011, in no event shall the fee exceed fifty cents. On and after July 1, 2011, in no event shall the fee but not to exceed ten cents. The fee shall be transmitted department shall transmit the fee to the state treasurer, who shall credit it to a special account within the highway users tax fund, to be known as the motorist insurance identification account, which is hereby created. Moneys in the motorist insurance identification account shall be are to be used, subject to appropriation by the general assembly, to cover the costs of administration and enforcement of the motorist insurance identification database program created in section 42-7-604 and, for state fiscal years 2010-11 and 2011-12, for expenses incurred in connection with the administration of article 2 of this title by the division of motor vehicles within the department; except that: SECTION 32. In Colorado Revised Statutes, add 42-3-313 as follows: 42-3-313. Covered off-highway vehicle registration fee. (1) The department shall not register a covered off-highway vehicle unless the owner pays a ten-dollar fee. (2) The general assembly shall appropriate moneys from the highway users tax fund for the administration of this section, and the state treasurer shall allocate the fees credited to the fund under subsection (1) of this section in excess of the amount of the appropriations as specified in section 43-4-205 (5.5) (f), C.R.S. SECTION 33. In Colorado Revised Statutes, add 42-4-109.7 as follows: 42-4-109.7. Off-highway vehicles. (1) A person riding a covered off-highway vehicle upon a roadway has all of the rights and is subject to all of the duties and penalties applicable to the driver of a vehicle as set forth in this article except those provisions of this article that, by their very nature, can have no application. (2) A person shall not use a covered off-highway vehicle to carry more persons at one time than the number for which it is designed and equipped. (3) (a) A person shall not drive a covered off-highway vehicle on a roadway that has a speed limit greater than forty-five miles per hour; except that a covered off-highway vehicle may be driven directly across any roadway at an at-grade crossing to continue traveling along a roadway with a speed limit equal to or less than forty-five miles per hour. (b) A person shall not operate a covered off-highway vehicle on a limited-access highway. (c) (I) Except as prohibited by this section, a person may operate a covered off-highway vehicle on any highway open to motor vehicles within a municipality that has five thousand or fewer people unless the municipality has prohibited driving covered off-highway vehicles on the highway. Prohibiting a person from driving on a highway does not prohibit the person from driving across the highway at an at-grade intersection with an authorized highway. (II) A person shall not operate a covered off-highway vehicle on any highway open to motor vehicles within a municipality of more than five thousand people unless the municipality has authorized driving covered off-highway vehicles on the highway. A person may drive across an unauthorized highway at an at-grade intersection with an authorized highway. (d) (I) For the purposes of this paragraph (d): (A) The following are type 1 counties: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld; and (B) The following are type 2 counties: Alamosa, Archuleta, Baca, Bent, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, Lake, La Plata, Las Animas, Lincoln, Logan, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sedgwick, Summit, Teller, Washington, and Yuma. (II) Except as prohibited by this section, a person may operate a covered off-highway vehicle on any highway open to motor vehicles within a type 2 county. A county may vote to opt out of the provisions of this subparagraph (II) at any point. (III) A person shall not operate a covered off-highway vehicle on any highway open to motor vehicles within a type 1 county unless the municipality has authorized driving covered off-highway vehicles on the highway. A person may drive across an unauthorized highway at an at-grade intersection with an authorized highway. (IV) This paragraph (d) does not apply within municipalities, except that it applies to county roads within a municipality. (e) A person shall not drive a covered off-highway vehicle on a state highway; except that: (I) A person may drive a covered off-highway vehicle to directly cross a state highway at an at-grade crossing to continue traveling along a roadway that is not a state highway; and (II) The Colorado department of transportation may authorize driving a covered off-highway vehicle on a state highway located outside of a municipality. (4) A person who violates this section commits a class B traffic infraction. SECTION 34. In Colorado Revised Statutes, 42-4-232, amend (1) as follows: 42-4-232. Minimum safety standards for motorcycles, low-power scooters, and covered off-highway vehicles. (1) (a) No A person shall not operate any a motorcycle or low-power scooter on any a public highway in this state unless such the person and any passenger thereon is wearing goggles or eyeglasses with lenses made of safety glass or plastic; except that this subsection (1) shall not apply to a person wearing a helmet containing eye protection made of safety glass or plastic need not wear goggles or eyeglasses. (b) A person shall not operate a covered off-highway vehicle on a public highway in this state unless the person and any passenger is wearing goggles or eyeglasses with lenses made of safety glass or plastic; except that a person wearing a helmet containing eye protection made of safety glass or plastic or driving a covered off-highway vehicle with a windshield need not wear goggles or eyeglasses. SECTION 35. In Colorado Revised Statutes, 42-4-236, amend (1) (a), (1) (a.5), (1) (b), (1) (c), (2) (a) (I), (2) (b), (2) (c), (3) (b), (3) (d), and (5); and add (1) (a.6) as follows: 42-4-236. Child restraint systems required - definitions - exemptions. (1) As used in this section, unless the context otherwise requires: (a) "Child care center" means a facility required to be licensed under the "Child Care Licensing Act", part 1 of article 6 of title 26, C.R.S. (a.5) "Child restraint system" means a specially designed seating system that is designed to protect, hold, or restrain a child in a motor vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle an accident and that is either permanently affixed to a motor or covered off-highway vehicle or is affixed to such the vehicle by a safety belt or a universal attachment system, and that meets the federal motor vehicle safety standards set forth in section 49 CFR 571.213, as amended. (a.6) "Covered off-highway vehicle" means a covered off-highway vehicle that is required to have a seatbelt under section 42-4-242. (b) "Safety belt" means a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor or covered off-highway vehicle to restrain drivers and passengers, except any such belt that is physically a part of a child restraint system. "Safety belt" includes the anchorages, the buckles, and all other equipment directly related to the operation of safety belts. Proper use of a safety belt means that the shoulder belt, if present, crosses the shoulder and chest and the lap belt crosses the hips, touching the thighs. (c) "Seating position" means any motor or covered off-highway vehicle interior space intended by the motor vehicle manufacturer to provide seating accommodation while the motor vehicle is in motion. (2) (a) (I) Unless exempted pursuant to subsection (3) of this section and except as otherwise provided in subparagraphs (II) and (III) of this paragraph (a), the driver or parent shall properly restrain every child who is under eight years of age and who is being transported in this state in a motor or covered off-highway vehicle or in a vehicle operated by a child care center shall be properly restrained in a child restraint system, according to the manufacturer's instructions. (b) Unless excepted pursuant to subsection (3) of this section, the driver or parent shall restrain every child who is at least eight years of age but less than sixteen years of age who is being transported in this state in a motor or covered off-highway vehicle or in a vehicle operated by a child care center, and the child shall be properly restrained in a safety belt or child restraint system according to the manufacturer's instructions. (c) If a parent is in the motor or covered off-highway vehicle, it is the responsibility of the parent to ensure that his or her the child or children are is provided with, and that they the child properly use uses, a child restraint system or safety belt system. If a parent is not in the motor or covered off-highway vehicle, it is the responsibility of the driver transporting a child or children, subject to the requirements of this section, to ensure that such the children are provided with and that they properly use a child restraint system or safety belt system. (3) Except as provided in section 42-2-105.5 (4), subsection (2) of this section does not apply to a child who: (b) Is less than eight years of age and is being transported in a motor or covered off-highway vehicle as a result of a medical or other life-threatening emergency and a child restraint system is not available; (d) Is the driver of a motor or covered off-highway vehicle and is subject to the safety belt requirements provided in section 42-4-237; (5) No person shall use a safety belt or child restraint system, whichever is applicable under the provisions of this section, for children under sixteen years of age in a motor or covered off-highway vehicle unless it conforms to all applicable federal motor vehicle safety standards. SECTION 36. In Colorado Revised Statutes, 42-4-237, amend (1) (a), (1) (b), (2), (4) (a), (5), (6), and (7); and add (1) (a.5) as follows: 42-4-237. Safety belt systems - mandatory use - exemptions - penalty. (1) As used in this section: (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and operation on the public highways, including passenger cars, station wagons, vans, taxicabs, ambulances, motor homes, and pickups. The term does not include motorcycles, low-power scooters, passenger buses, school buses, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations. "Covered off-highway vehicle" means a covered off-highway vehicle that is required to have a seatbelt under section 42-4-242. (a.5) "Motor vehicle" means a self-propelled vehicle intended primarily for use and operation on the public highways, including passenger cars, station wagons, vans, taxicabs, ambulances, motor homes, and pickups. "Motor vehicle" does not include motorcycles, low-power scooters, passenger buses, school buses, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations. (b) "Safety belt system" means a system utilizing a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor or covered off-highway vehicle to restrain drivers and passengers, which system conforms to federal motor vehicle safety standards. (2) Unless exempted pursuant to subsection (3) of this section, every driver of and every front seat passenger in a motor or covered off-highway vehicle equipped with a safety belt system shall wear a fastened safety belt while the motor or covered off-highway vehicle is being operated on a street or highway in this state. (4) (a) Except as otherwise provided in paragraph (b) of this subsection (4), any a person who operates a motor or covered off-highway vehicle while such the person or any passenger is in violation of the requirement of subsection (2) of this section commits a class B traffic infraction. Penalties collected pursuant to this subsection (4) shall be transmitted to the appropriate authority pursuant to the provisions of section 42-1-217 (1) (e) and (2). (5) No A law enforcement officer shall not cite a driver in of a motor or covered off-highway vehicle shall be cited for a violation of subsection (2) of this section unless such the law enforcement officer stopped the driver was stopped by a law enforcement officer for an alleged violation of articles 1 to 4 of this title other than a violation of this section. (6) Testimony at a trial for a violation charged pursuant to subsection (4) of this section may include: (a) Testimony by a law enforcement officer that the officer observed the person charged operating driving a motor or covered off-highway vehicle while said operator the driver or any passenger was in violation of the requirement of subsection (2) of this section; or (b) Evidence that the driver removed the safety belts or knowingly drove a motor or covered off-highway vehicle from which the safety belts had been removed. (7) Evidence of failure to comply with the requirement of subsection (2) of this section shall be is admissible to mitigate damages with respect to any person who was involved in a motor or covered off-highway vehicle accident and who seeks in any subsequent litigation to recover damages for injuries resulting from the accident. Such The mitigation shall be is limited to awards for pain and suffering and shall does not be used for limiting affect the recovery of economic loss and medical payments. SECTION 37. In Colorado Revised Statutes, add 42-4-242 as follows: 42-4-242. Equipment - covered off-highway vehicles. (1) A person shall not operate a covered off-highway vehicle on the roadway with a passenger unless the passenger has either: (a) A seat, footrest, and handhold if the passenger sits behind the driver; or (b) A seat and seatbelt if the passenger sits to the side of the driver. (2) A person shall not operate a covered off-highway vehicle on the roadway unless the covered off-highway vehicle is equipped with the following in good working order: (a) Brakes that enable the operator to make the wheels skid on dry, level, and clean pavement; (b) A stop lamp displaying a red or amber light that is actuated by activating the brakes and is visible from a distance of one hundred feet; (c) Two red reflectors mounted on the rear and visible at night at a distance of one hundred feet behind the covered off-highway vehicle when illuminated by head lamps required by section 42-4-205; (d) Two mirrors that reflect to the driver an unobstructed view of the roadway for a distance of two hundred feet to the rear of the covered off-highway vehicle; (e) A head lamp aimed and sufficiently intense to reveal persons and vehicles at a distance of one hundred feet ahead on a straight, level road if the covered off-highway vehicle is driven at night; and (f) Two tail lights emitting a red light when the headlamps are lighted, if the covered off-highway vehicle is driven at night, that: (I) Are visible from a distance of five hundred feet to the rear; (II) Are mounted on the rear, on the same level and as widely spaced laterally as practicable; and (III) Are located at a height of not more than seventy-two inches nor less than twenty inches. (3) A person shall not operate the head lamp of a covered off-highway vehicle to strike the eyes of the driver of an approaching vehicle. (4) To be operated on the roadway, a covered off-highway vehicle must conform with applicable federal manufacturing equipment standards for covered off-highway vehicles. (5) A person who violates this section commits a class B traffic infraction. SECTION 38. In Colorado Revised Statutes, 42-4-1101, add (8) (h) as follows: 42-4-1101. Speed limits. (8) (h) Notwithstanding any other provision of this section, a person shall drive an off-highway vehicle on a roadway at a speed not in excess of forty miles per hour. State and local authorities shall not authorize off-highway vehicles to exceed forty miles per hour on a roadway. SECTION 39. In Colorado Revised Statutes, 42-4-1301.1, amend (1), (2) (a) (I), and (2) (b) (I) as follows: 42-4-1301.1. Expressed consent for the taking of blood, breath, urine, or saliva sample - testing. (1) Any A person who drives any a motor or off-highway vehicle upon the streets and highways and elsewhere throughout this state shall be is deemed to have expressed such the person's consent to the provisions of this section. (2) (a) (I) A person who drives a motor or off-highway vehicle upon the streets and highways and elsewhere throughout this state shall be is required to take and complete, and to cooperate in the taking and completing of, any test or tests of the person's breath or blood for the purpose of determining the alcoholic content of the person's blood or breath when so requested and directed by a law enforcement officer having probable cause to believe that the person was driving a motor or covered off-highway vehicle in violation of the prohibitions against DUI, DUI per se, DWAI, habitual user, or UDD. Except as otherwise provided in this section, if a person who is twenty-one years of age or older requests that the test be a blood test, then the test shall be of his or her blood; but, if the person requests that a specimen of his or her blood not be drawn, then a specimen of the person's breath shall be obtained and tested. A person who is under twenty-one years of age shall be entitled to request a blood test unless the alleged violation is UDD, in which case a specimen of the person's breath shall be obtained and tested, except as provided in subparagraph (II) of this paragraph (a). (b) (I) Any A person who drives any a motor or off-highway vehicle upon the streets and highways and elsewhere throughout this state shall be is required to submit to and to complete, and to cooperate in the completing of, a test or tests of such the person's blood, saliva, and urine for the purpose of determining the drug content within the person's system when so requested and directed by a law enforcement officer having probable cause to believe that the person was driving a motor or covered off-highway vehicle in violation of the prohibitions against DUI, DWAI, or habitual user and when it is reasonable to require such the testing of blood, saliva, and urine to determine whether such the person was under the influence of, or impaired by, one or more drugs, or one or more controlled substances, or a combination of both alcohol and one or more drugs, or a combination of both alcohol and one or more controlled substances. SECTION 40. In Colorado Revised Statutes, 42-4-1401, amend (1) as follows: 42-4-1401. Reckless driving - penalty. (1) A person who drives a motor vehicle bicycle, electrical assisted bicycle, or low-power scooter or vehicle in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle, EPAMD, or electrical assisted bicycle shall not be is not subject to the provisions of section 42-2-127. SECTION 41. In Colorado Revised Statutes, 42-4-1402, amend (1) as follows: 42-4-1402. Careless driving - penalty. (1) A person who drives a motor vehicle bicycle, electrical assisted bicycle, or low-power scooter or vehicle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle, EPAMD, or electrical assisted bicycle shall not be is not subject to the provisions of section 42-2-127. SECTION 42. In Colorado Revised Statutes, 42-4-1409, amend (2), (3), (5), and (7) as follows: 42-4-1409. Compulsory insurance - penalty - legislative intent. (2) (a) No A person shall not operate a motor vehicle or low-power scooter on the public highways of this state without a complying policy or certificate of self-insurance in full force and effect as required by law. (b) A person shall not operate a covered off-highway vehicle on a public highway pursuant to section 42-4-109.7 without a complying policy or certificate of self-insurance in full force and effect as required by law. (3) When an accident occurs or when requested to do so following any lawful a traffic contact or during any a traffic investigation by a peace officer, no owner or operator the driver of a motor vehicle, covered off-highway vehicle, or low-power scooter shall fail to immediately present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law. (5) Testimony of the failure of any owner or operator of a motor vehicle, or low-power scooter, or covered off-highway vehicle to present immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by law, when requested to do so by a peace officer, shall constitute prima facie evidence, at a trial concerning a violation charged under subsection (1) or (2) of this section, that such the owner or operator of a motor vehicle violated subsection (1) or (2) of this section. (7) The owner of a motor vehicle, or low-power scooter, or covered off-highway vehicle, upon receipt of an affirmation of insurance as described in section 42-3-113 (2) and (3), shall sign and date such the affirmation in the space provided. SECTION 43. In Colorado Revised Statutes, 42-6-102, amend (17) (a); and add (1.5), (11.5), (13.5), and (18.5) as follows: 42-6-102. Definitions. As used in this part 1, unless the context otherwise requires: (1.5) "Covered powersports vehicle" means a powersports vehicle: (a) That is sold to or by a powersports vehicle dealer licensed under part 5 of article 6 of title 12, C.R.S.; or (b) The owner of which elects to obtain a certificate of title. (11.5) "Off-highway vehicle" has the meaning set forth in section 33-14.5-101, C.R.S. (13.5) "Powersports vehicle" means: (a) An off-highway vehicle; or (b) A snowmobile. (17) (a) (I) "Salvage vehicle" means a vehicle that is damaged by collision, fire, flood, accident, trespass, or other occurrence, excluding hail damage, to the extent that the cost of repairing the vehicle to a roadworthy condition and for legal operation on the highways exceeds the vehicle's retail fair market value immediately prior to such the damage, as determined by the person who owns the vehicle at the time of such the occurrence or by the insurer or other person acting on behalf of such the owner. (II) "Salvage vehicle" does not include a powersports vehicle. (18.5) "Snowmobile" means a self-propelled vehicle primarily designed or altered for travel on snow or ice off of the public highways and supported by skis, belts, or cleats. "Snowmobile"does not include machinery used for the grooming of snowmobile trails or ski slopes. SECTION 44. In Colorado Revised Statutes, amend 42-6-103 as follows: 42-6-103. Application. The provisions of This part 1 shall apply applies to motor vehicles as defined in section 42-6-102 and covered powersports vehicles. SECTION 45. In Colorado Revised Statutes, 42-6-107, amend (1) (a) and (2) as follows: 42-6-107. Certificates of title - contents - rules. (1) (a) All The department or authorized agent shall mail certificates of title to motor or covered powersports vehicles issued under this part 1 shall be mailed to the applicant, except as provided in section 42-6-124, and the director shall retain and appropriately index and file information appearing and concerning the issuance thereof shall be retained by the director and appropriately indexed and filed in the director's office. Such of the certificates of title. The certificates may be electronic records pursuant to in compliance with rules adopted by the director. and, In addition to other information that the director may by rule require, shall the certificates must contain the make and model of the motor or covered powersports vehicle for which the certificate is issued or the record is created, where such described in the record, if the information is available, together with the motor and any other serial number of the vehicle, and a description of such any other marks or symbols as may be placed upon the vehicle by the vehicle manufacturer for identification purposes. The year that is listed on the certificate of title of a kit vehicle shall be is the year of manufacture of the kit from which the vehicle was assembled, as indicated in the manufacturer's statement of origin. (2) The department or authorized agent shall include in the electronic record of the certificate or the paper version of the certificate shall contain a description of every lien to which on the motor or covered powersports vehicle is subject, as that appears in the application for the certificate of title or as is noted and shown to be unreleased upon a prior certificate of title issued after August 1, 1949, for such the vehicle, including the date of such the lien, the original amount secured by the vehicle, the named lienee, and the county in which the lien appears of record if it is of public record. The department or authorized agent shall number certificates and electronic records shall be numbered consecutively by counties, beginning with number one. The certificate of title filed with the authorized agent shall be is prima facie evidence of the contents of the record and that the person in whose name the certificate is registered is the lawful owner of the vehicle. Except as provided in section 42-6-118, said the certificate shall be remains effective after filing until the vehicle described in the record is sold or ownership is otherwise transferred. SECTION 46. In Colorado Revised Statutes, 42-6-109, amend (1), (2) introductory portion, and (2) (b) as follows: 42-6-109. Sale or transfer of vehicle. (1) Except as provided in section 42-6-113, no a person shall not sell or otherwise transfer a motor or covered powersports vehicle to a purchaser or transferee without delivering to such the purchaser or transferee a certificate of title, which may be electronic, to such the vehicle duly transferred in the manner prescribed in required by section 42-6-110. No A purchaser or transferee shall does not acquire any right, title, or interest in and to a motor or covered powersports vehicle purchased by such purchaser or transferee unless and until he or she the purchaser or transferee obtains from the transferor the certificate of title duly transferred in accordance with this part 1. A lienholder may request either a paper or electronic version of a certificate of title. (2) A paper copy of person shall use a certificate of title shall be necessary for any a transaction in which: (b) The purchaser pays for a motor or covered powersports vehicle entirely with cash. SECTION 47. In Colorado Revised Statutes, 42-6-110, amend (1) as follows: 42-6-110. Certificate of title - transfer. (1) Upon the sale or transfer of a motor or covered powersports vehicle for which a certificate of title has been issued or filed, the person in whose name the certificate of title is registered, if such the person is other than not a dealer, shall execute a formal transfer of the vehicle described in the certificate. Such transfer shall be affirmed by a statement signed by The person in whose name the certificate of title is registered or by such the person's authorized agent or attorney and shall contain or be affirm the sale or transfer, accompanied by a written declaration that it the statement is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S. The purchaser or transferee, within sixty days thereafter, shall present such the certificate, together with an application for a new certificate of title, to the director or one of the authorized agents, accompanied by the fee required in section 42-6-137 to be paid for the filing of a new certificate of title; except that, if no title can be found and the motor vehicle is not roadworthy, the purchaser or transferee may wait until twenty-four months after the motor vehicle was purchased to apply for a certificate of title. SECTION 48. In Colorado Revised Statutes, 42-6-111, amend (1) and (2) as follows: 42-6-111. Sale to dealers - certificate need not issue. (1) Upon the sale or transfer to a dealer of a motor or covered powersports vehicle for which a Colorado certificate of title has been issued, the dealer shall transfer and file the certificate of title to the motor or covered powersports vehicle; shall be transferred and filed; except that, so long as the vehicle remains in the dealer's possession and at the dealer's place of business for sale and for no other purpose, such the dealer shall not be required to need not procure or file a new certificate of title as is otherwise required in this part 1. (2) If a motor or covered powersports vehicle dealer wishes to obtain a new certificate of title, to a motor vehicle, such the dealer may present the old certificate of title to the director with the fee imposed by section 42-6-137 (6), whereupon the director shall issue a new certificate of title to such the dealer within one working day after application. This subsection (2) shall does not apply to a motor or covered powersports vehicle subject to a lien. SECTION 49. In Colorado Revised Statutes, amend 42-6-112 as follows: 42-6-112. Initial registration of a vehicle - dealer responsibility to timely forward certificate of title to purchaser or holder of a chattel mortgage. In order To facilitate initial registration of a vehicle, a dealer of motor or covered powersports vehicles shall, have not more than thirty days after the date of sale of such vehicle to within thirty days after the sale, deliver or facilitate the delivery of the certificate of title to a purchaser or the holder of a chattel mortgage on such the motor or covered powersports vehicle subject to section 42-6-109. SECTION 50. In Colorado Revised Statutes, amend 42-6-113 as follows: 42-6-113. New vehicles - bill of sale - certificate of title - rules. (1) Upon the sale or transfer by a dealer of a new motor or covered powersports vehicle, such the dealer shall, upon delivery, make, execute, and deliver to the purchaser or transferee a sufficient bill of sale and the manufacturer's certificate of origin. (2) The bill of sale shall must: (a) Be affirmed by a statement signed by such the dealer, shall contain containing or be accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S.; (b) shall Be in such form as the director may require; and (c) shall Contain, in addition to other information that the director may by rule require, the make and model of the motor or covered powersports vehicle, so sold or transferred, the identification number placed upon the vehicle by the manufacturer for identification purposes, the manufacturer's suggested retail price, and the date of the sale or transfer, together with a description of any mortgage or lien on the vehicle that secures any part of the purchase price. (3) Upon presentation of such a the bill of sale, to the director or an authorized agent shall file a new certificate of title for the vehicle described in the bill of sale. shall be filed. A dealer shall transfer a new motor or covered powersports vehicle that is used by a dealer for demonstration shall be transferred in accordance with this section. SECTION 51. In Colorado Revised Statutes, amend 42-6-114 as follows: 42-6-114. Transfers by bequest, descent, or law. Upon the transfer of ownership of a motor or covered powersports vehicle by inheritance or by operation of law, as in proceedings in bankruptcy, insolvency, replevin, attachment, execution, or other judicial sale, or whenever such if the vehicle is sold to satisfy storage or repair charges or repossessed to satisfy a secured debt, the director or the authorized agent may issue, upon the surrender of any available certificate of title and presentation of such proof of ownership as the director may reasonably require or a court order, a new certificate of title on behalf of the new owner, and disposition shall be made dispose of the certificate as in other cases. SECTION 52. In Colorado Revised Statutes, 42-6-115, amend (1) as follows: 42-6-115. Furnishing bond for certificates. (1) (a) If the applicant for a certificate of title to a motor or covered powersports vehicle is unable to provide the director or the authorized agent with a certificate of title duly transferred to such the applicant, a bill of sale, or other evidence of ownership that satisfies the director that the applicant owns the vehicle, a certificate of title for such the vehicle may be filed by the director or the authorized agent upon the applicant furnishing the director or the authorized agent with a statement, in such form as required by the director. The statement shall must contain a recital of the facts and circumstances by which the applicant acquired the ownership and possession of such the vehicle, the source of the title to the vehicle, and such other information as the director may require to determine whether any liens are attached to such the motor vehicle, the date of the liens, the amount secured by the vehicle, where such the liens are of public record, and the right of the applicant to have a certificate of title filed on behalf of the applicant. The statement shall must contain or be accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S., and shall must accompany the application for the certificate as required in section 42-6-116. Any evidence submitted to and maintained by the director or the authorized agent may be maintained in a paper or electronic version. (b) Upon receipt of an application by the owner of a motor or covered powersports vehicle that is subject to a lien or mortgage, the authorized agent shall not issue a certificate of title unless the owner includes a signed original or signed duplicate of the mortgage or copy thereof certified by the holder of the mortgage or the holder's agent to be a true copy of the signed original mortgage. Upon receiving the mortgage, the authorized agent shall comply with sections 42-6-121 (2), 42-6-122, and 42-6-123 concerning the lien or mortgage. SECTION 53. In Colorado Revised Statutes, amend 42-6-116 as follows: 42-6-116. Applications for filing of certificates of title - rules. (1) If a person who desires or who is entitled to a filing of a certificate of title to a motor or covered powersports vehicle is required to apply to the director or the authorized agent, such the applicant shall apply upon a form provided by the director in which appears a description of the motor or covered powersports vehicle including the make and model, the manufacturer's number, and a description of any other distinguishing mark, number, or symbol placed on said the vehicle by the vehicle manufacturer for identification purposes, as may be required by the director by rule adopted in accordance with article 4 of title 24, C.R.S. The application shall also must show the name and correct address of the owner determined pursuant to section 42-6-139, a class A, class B, class C, class D, or class F vehicle owner's personal identification number as provided on a state-issued driver's license or assigned by the department, and the applicant's source of title and shall must include a description of all known mortgages and liens upon the motor or covered powersports vehicle, the holder of the lien, the amount originally secured, and the name of the county and state in which such if the owner holds a certificate of title or the state if the owner does not hold a certificate of title where the mortgage, or lien, or financing statement is recorded or filed. Such The application shall must be verified by a statement signed by the applicant and shall must contain or be accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S. (2) Upon receipt of an application by the owner of a motor or covered powersports vehicle that is subject to a lien or mortgage, the authorized agent shall not issue a certificate of title unless the owner includes a signed original or signed duplicate of the mortgage or copy thereof certified by the holder of the mortgage or the holder's agent to be a true copy of the signed original mortgage. Upon receiving the mortgage, the authorized agent shall comply with sections 42-6-121 (2), 42-6-122, and 42-6-123 concerning the lien or mortgage. SECTION 54. In Colorado Revised Statutes, amend 42-6-118 as follows: 42-6-118. Amended certificate. If the owner of a motor or covered powersports vehicle for which a Colorado certificate of title has been issued or filed replaces any part of the motor or covered powersports vehicle on which appears the identification number or symbol described in the certificate of title and such the identification number or symbol no longer appears on the motor or covered powersports vehicle, or incorporates the part containing the identification number or symbol into another motor or covered powersports vehicle, such the owner shall immediately apply to the director or an authorized agent for an assigned identification number and an amended filing of a certificate of title to such the vehicle. SECTION 55. In Colorado Revised Statutes, amend 42-6-119 as follows: 42-6-119. Certificates for vehicles registered in other states. (1) When a resident of the state acquires the ownership of a motor or covered powersports vehicle for which a certificate of title has been issued by a state other than Colorado, the person acquiring such the vehicle shall apply to the director or an authorized agent for the filing of a certificate of title as in other cases. (2) If a dealer acquires the ownership of a motor or covered powersports vehicle by lawful means and the motor vehicle is titled under the laws of a state other than Colorado, such the dealer shall not be required to need not file a Colorado certificate of title for the vehicle so long as such the vehicle remains in the dealer's possession and at the dealer's place of business solely for the purpose of sale. (3) Upon the sale by a dealer of a motor or covered powersports vehicle, the certificate of title to which was issued in a state other than Colorado, the dealer shall, within thirty days after the date of sale, deliver or facilitate the delivery to the purchaser such the certificate of title, from a state other than Colorado duly and properly endorsed or assigned to the purchaser, with a statement by the dealer that shall contain containing or be accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S., and that shall set setting forth the following: (a) That such the dealer, has warranted and, by the execution of such the affidavit, does warrant warrants to the purchaser and all persons who shall claim through the named purchaser named that, at the time of the sale, transfer, and delivery by the dealer, the vehicle described was free and clear of all liens and mortgages except as might therein appear in the certificate of title; (b) That the vehicle is not a stolen vehicle; and (c) That such the dealer had good, sure, and adequate title to, and full right and authority to sell and transfer, the vehicle. (4) If the purchaser of the vehicle completes and includes the vehicle identification number inspection form as part of the application for filing of a Colorado certificate of title to such the vehicle and accompanies the application with the affidavit required by subsection (3) of this section and the duly endorsed or assigned certificate of title from a state other than Colorado, a Colorado certificate of title may be filed in the same manner as upon the sale or transfer of a motor or covered powersports vehicle for which a Colorado certificate of title has been issued or filed. Upon the filing by the director or the authorized agent of such the certificate of title, the director or the authorized agent may dispose of such the certificate of title and shall record such the certificate of title as provided in section 42-6-124. SECTION 56. In Colorado Revised Statutes, amend 42-6-120 as follows: 42-6-120. Security interests upon motor vehicles. (1) Except as provided in this section and section sections 42-6-130 and 42-6-148, the provisions of the "Uniform Commercial Code", title 4, C.R.S., relating to the filing, recording, releasing, renewal, priority, and extension of chattel mortgages, as the term is defined in section 42-6-102 (9), shall do not apply to motor or covered powersports vehicles. Any A mortgage or refinancing of a mortgage intended by the parties to the mortgage or refinancing to encumber or create a lien on a motor vehicle, or to be perfected as a valid lien against the rights of third persons, purchasers for value without notice, mortgagees, or creditors of the owner, shall must be filed for public record. The department or authorized agent shall note the fact of filing shall be noted on the owner's certificate of title or bill of sale substantially in the manner provided in section 42-6-121. (2) The provisions of This section and section 42-6-121 shall do not apply to any a mortgage or security interest upon any a vehicle or motor vehicle held for sale or lease which that constitutes inventory as defined in section 4-9-102, C.R.S. As to such mortgages or security interests, the provisions of article 9 of title 4, C.R.S., shall apply, and The perfection of such mortgages or security interests, shall be made pursuant thereto, and the rights of the parties, shall be are governed and determined thereby by article 9 of title 4, C.R.S. (3) Notwithstanding any provision of law to the contrary, in the case of motor vehicles, covered powersports vehicles, or trailers, a lease transaction does not create a sale or security interest solely because it permits or requires the rental price to be adjusted either upward or downward under the agreement by reference to the amount realized upon sale or other disposition of the motor vehicle, covered powersports vehicle, or trailer. (4) The rights of a buyer, lessee, or lien creditor that arise after a mortgage attaches to a motor or covered powersports vehicle and before perfection under this article shall be are determined by section 4-9-317, C.R.S. SECTION 57. In Colorado Revised Statutes, 42-6-121, amend (1) and (2) as follows: 42-6-121. Filing of mortgage - rules. (1) The holder of a chattel mortgage on a motor or covered powersports vehicle desiring to secure the rights provided for in this part 1 and to have the existence of the mortgage and the fact of the filing of the mortgage for public record noted in the filing of the certificate of title to the encumbered motor vehicle shall must present the signed original or signed duplicate of the mortgage or copy thereof of the mortgage certified by the holder of the mortgage or the holder's agent to be a true copy of the signed original mortgage and the certificate of title or application for certificate of title to the motor vehicle encumbered to the authorized agent of the director in the county or city and county in which the mortgagor of such motor the vehicle resides or where the property is located. The filings holder may be made file either with paper documents or electronically. The mortgage or refinancing of a loan secured by a mortgage shall must state the name and address of the debtor; the name and address of the mortgagee or name of the mortgagee's assignee; the make, vehicle identification number, and year of manufacture of the mortgaged vehicle; and the date and amount of the loan secured by the mortgage. An owner of a motor or powersports vehicle applying for a certificate of title under section 42-6-115, 42-6-116, or 42-6-119 is deemed to have filed under this section on behalf of the mortgage or lien holder. (2) (a) Upon the receipt of the electronic, original, or duplicate mortgage or certified copy thereof of the mortgage and certificate of title or application for certificate of title, the authorized agent, if satisfied that the vehicle described in the mortgage is the same as that described in the certificate of title or filed title, shall file within the director's authorized agent's motor and covered powersports vehicle database: (I) Notice of such the mortgage or lien in which shall appear appears the day on which the mortgage was received for filing; (II) The name and address of the mortgagee named and the name and address of the holder of such the mortgage, if such person is other than the mortgagee named, the holder is not the named mortgagee; (III) The amount secured by the vehicle; (IV) The date of the mortgage; (V) The day and year on which the mortgage was filed for public record; and (VI) such Any other information regarding the filing of the mortgage in the office of the director's authorized agent as may be required by the director by rule. (b) The director's authorized agent shall electronically transmit, when the director's authorized agent uses an electronic filing system, the certificate of title, application for certificate of title, and mortgage information to the database of the director for maintenance of a central registry of motor and covered powersports vehicle title information pursuant to section 42-6-147. SECTION 58. In Colorado Revised Statutes, amend 42-6-122 as follows: 42-6-122. Disposition of mortgages by agent - rules. (1) The authorized agent, upon receipt of the mortgage, shall file the mortgage in the agent's office, Such mortgage shall be appropriately indexed and cross-indexed: (a) Under one or more of the following headings in accordance with the rules adopted by the director: (I) Make or vehicle identification number of motor or covered powersports vehicles mortgaged; (II) Names of owners of mortgaged motor or covered powersports vehicles as the same they appear on the certificates of title thereto; (III) The numbers of the certificates of title for motor or covered powersports vehicles mortgaged; (IV) The numbers or other identification marks assigned to registration certificates issued upon the licensing registration of mortgaged vehicles; (b) Under the name of the mortgagee, the holder of such the mortgage, or the owner of such the vehicle; or (c) Under such other system as the director may devise and determine to be necessary for the efficient administration of this part 1. (2) All records of mortgages affecting motor or covered powersports vehicles shall be are public and may be inspected and copies thereof of the records made, as is provided by law respecting public records affecting real property. SECTION 59. In Colorado Revised Statutes, amend 42-6-123 as follows: 42-6-123. Disposition after mortgaging. After a mortgage on a motor or covered powersports vehicle has been filed in the authorized agent's office, the authorized agent shall mail or electronically transfer to the director the certificate of title or bill of sale which that the authorized agent has filed in the record. Upon the receipt thereof, The director shall maintain completed electronic records transferred by the authorized agent. The director shall issue a new certificate of title containing, in addition to the other matters and things required to be set forth in certificates of title, a description of the mortgage and all information respecting said the mortgage and the filing thereof as may appear that appear in the certificate of the authorized agent, and the director or the director's authorized agent shall thereafter then dispose of said the new certificate of title containing said the notation as provided in section 42-6-124. SECTION 60. In Colorado Revised Statutes, amend 42-6-124 as follows: 42-6-124. Disposition of certificates of title. (1) All certificates of title issued by The director or the director's authorized agent shall be disposed of by the director dispose of a certificate of title issued by the director or the authorized agent in the following manner: (a) If the certificate of title that is filed by the director's authorized agent is maintained in an electronic format within the director's and the director's authorized agent's motor and covered powersports vehicle databases as required by the standards established pursuant to article 71.3 of title 24, C.R.S., the certificate of title shall be disposed of in accordance with paragraphs (b) and (c) of this subsection (1). (b) If it appears, from the records in the director's or the director's authorized agent's office and from an examination of the certificate of title, that the motor or covered powersports vehicle therein described in the certificate of title is not subject to a mortgage filed subsequent to after August 1, 1949, or if such the vehicle is encumbered by a mortgage filed in any county of a state other than the state of Colorado, the director or authorized agent shall deliver the certificate of title shall be delivered to the person who therein appears to be the owner of the vehicle described, or such certificate shall be mailed mail the certificate to the owner thereof of the vehicle at his or her address as the same may appear it appears in the application, the certificate of title, or other records in the director's or the director's authorized agent's office. (c) If it appears, from the records in the office of the director or the director's authorized agent and from the certificate of title, that the motor or covered powersports vehicle therein described in the certificate of title is subject to one or more mortgages filed subsequent to after August 1, 1949, the director or the director's authorized agent shall electronically maintain or deliver the certificate of title issued by the director to the mortgagee named therein in the certificate of title or the holder thereof of the certificate of title whose mortgage was first filed in the office of an authorized agent. SECTION 61. In Colorado Revised Statutes, 42-6-125, amend (1) and (2) (a) (I) as follows: 42-6-125. Release of mortgages - rules. (1) Upon the payment or discharge of the undertaking secured by any a mortgage on a motor or covered powersports vehicle that has been filed for record in the manner prescribed in under section 42-6-121, the legal holder, on a form approved by the director, shall make and execute the notice of notify the director or authorized agent of the discharge of the obligation and release of the mortgage securing the obligation and set forth in the notice the facts concerning the right of the holder to release the mortgage as the director by appropriate rule may require which by rule. The lienholder shall include in the notice of satisfaction and release shall be affirmed by a statement a signed by the legal lienholder affirmation, noted in the certificate of title on file with the director or the director's authorized agent, and that shall contain or be contains or is accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S. Thereupon, the holder of the released mortgage so released shall dispose of the certificate of title as follows: (a) If it appears that the motor or covered powersports vehicle is encumbered by a mortgage filed in the manner prescribed in under section 42-6-121 subsequent to after the date on which the released mortgage so released was filed for record, the holder of such the certificate of title shall deliver the title certificate to the person shown to be the holder of the mortgage noted on the title filed earliest after the filing of the released mortgage, released, or to the person or agent of the person shown to be the assignee or other legal holder of the mortgage, or shall mail the title certificate to the mortgagee or holder at his or her the address appearing on the mortgage. If the certificate is returned unclaimed, it shall be sent by the holder shall mail the certificate to the director. (b) If it appears from an examination of the certificate of title that there are no other outstanding mortgages against the motor or covered powersports vehicle in the title upon the release of the mortgage as provided in this section, the holder of the mortgage shall deliver the certificate of title to the owner of the vehicle or shall mail the title to the owner at his or her address, and, if for any reason the certificate of title is not delivered to the owner of the vehicle or is returned unclaimed, it shall immediately be mailed the holder shall immediately mail the certificate to the director. (c) The director's authorized agent shall note in the electronic record of the lien such the satisfaction or and release of such the lien or mortgage and shall file such a notice of the satisfaction or and release of such lien as required in accordance with section 42-6-122. (2) (a) (I) Except when a lienholder can show extenuating circumstances, within fifteen calendar days after a lien or mortgage on a motor or powersports vehicle is paid and satisfied, a lienholder shall release the lien or mortgage as required by subsection (1) of this section. SECTION 62. In Colorado Revised Statutes, 42-6-126, amend (1) (a) and (1) (b) (II) as follows: 42-6-126. New certificate upon release of mortgage. (1) (a) Upon the satisfaction of the debt and release of a mortgage on a motor or covered powersports vehicle filed for record in the manner prescribed in as required by section 42-6-121: (I) The owner of the vehicle encumbered by the mortgage, the purchaser from or transferee of the owner as appears on the certificate of title, or the holder of any a mortgage that was junior to the mortgage released, upon the receipt of the certificate of title, as provided in section 42-6-125, shall deliver the title to the authorized agent who shall transmit the title to the director; or (II) The lienholder shall notify the authorized agent of the satisfaction of the debt and release of the mortgage, setting forth any facts concerning the right of the holder to release the mortgage as the director may require. The lienholder shall sign a satisfaction and release shall be affirmed by a statement signed by the lienholder noted in the certificate of title and shall contain containing or be accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S. Upon receiving a valid satisfaction and release, the director or authorized agent shall note the release of the lien and shall issue a certificate of title for the motor vehicle, omitting all reference to the mortgage. (b) Upon the receipt by the director of a statement of mortgage release, the director shall: (II) Issue a new certificate of title to the motor or covered powersports vehicle, omitting all reference to the released mortgage; and SECTION 63. In Colorado Revised Statutes, 42-6-127, amend (2) as follows: 42-6-127. Duration of lien of mortgage - extensions - rules. (2) Upon receipt of a mortgage extension, the director's authorized agent shall make and complete the electronic record of the extension as the director by rule may require within the director's or the director's authorized agent's motor and covered powersports vehicle database, and shall note the fact of the extension of the mortgage on the certificate of title, which may be filed electronically. Thereafter, the certificate of title shall be returned authorized agent shall return the certificate to the person shown on the certificate to be entitled to the certificate. If any mortgage other than one on a trailer coach; truck tractor; multipurpose trailer, if known when filed; or motor home that has been filed for record and noted on the certificate of title and has not been released or extended within ten years after the date on which when the mortgage was filed in the office of the director's authorized agent, the person shown by the records in the director's office to be the owner of the motor or covered powersports vehicle described in the certificate of title, upon making an appropriate application therefor filing an application, may request that any the authorized agent remove references to the mortgages shown on the records. of the director's authorized agent be removed by the authorized agent. The director's authorized agent shall remove all reference to mortgages shown in the director's authorized agent's records to have been of record in the office of the authorized agent for more than ten years without being released or extended. which mortgages have been neither released nor extended as provided in this section. SECTION 64. In Colorado Revised Statutes, amend 42-6-128 as follows: 42-6-128. Validity of mortgage between parties. Nothing in this part 1 shall be construed to impair impairs the validity of a mortgage on a motor or covered powersports vehicle between the parties thereto as long as no purchaser for value, mortgagee, or creditor without actual notice of the existence thereof of a mortgage has acquired an interest in the motor or covered powersports vehicle described therein in the mortgage, notwithstanding that the parties to said the mortgage have failed to comply with the provisions of this part 1. SECTION 65. In Colorado Revised Statutes, 42-6-129, amend (1), (2), and (4) as follows: 42-6-129. Second or other junior mortgages. (1) On and after July 1, 1977, any a person who takes a second or other junior mortgage on a motor or covered powersports vehicle for which a Colorado certificate of title has been issued or filed may file said the mortgage for public record and have the existence thereof mortgage noted or filed on the certificate of title with like effect as in other cases, in the manner prescribed in as required by this section. (2) Such second or The junior mortgagee or the holder thereof of the mortgage shall file said the mortgage pursuant to the requirements of as required by section 42-6-121 with the director's authorized agent of the county wherein where the mortgagor of said the motor or covered powersports vehicle resides or where the motor vehicle is located, and shall accompany said the mortgage with a written request to have the existence thereof mortgage noted or filed on the certificate of title records of the director's authorized agent pertaining to the motor vehicle covered by the junior or second mortgage. Upon the filing of such the mortgage, the director's authorized agent shall note in the record of the subject vehicle the day and hour on which such when the mortgage was received by the agent, and shall make and deliver a receipt for the mortgage to the person filing the mortgage, and shall file the second or junior mortgage as required under section 42-6-122. (4) If any a person lawfully in possession of a certificate of title to any a motor or covered powersports vehicle, upon whom demand is made for the delivery thereof to the authorized agent, omits, for any reason whatsoever, fails to deliver or mail the same certificate of title to the authorized agent, such the person shall be is liable to the holder of such second or the junior mortgage for all damage sustained by reason of such the omission. SECTION 66. In Colorado Revised Statutes, amend 42-6-130 as follows: 42-6-130. Priority of secured interests. The liens or mortgages filed for record or noted on a certificate of title to a motor or covered powersports vehicle, as provided in section 42-6-121, shall take priority in the same order that they were filed in the office of with the authorized agent; except that the priority of a purchase-money security interest, as defined in section 4-9-103, C.R.S., shall be is determined in accordance with sections 4-9-317 (e) and 4-9-324 (a), C.R.S. SECTION 67. In Colorado Revised Statutes, amend 42-6-131 as follows: 42-6-131. Mechanic's, warehouse, and other liens. Nothing in this part 1 shall be construed to impair impairs the rights of lien claimants arising under any mechanics' a mechanic's lien law or the lien of a warehouse or other person claimed for repairs on or storage of any a motor or covered powersports vehicle, when a mechanic's lien or storage lien originated prior to a mortgage or lien on the motor or covered powersports vehicle being filed for record and such motor the vehicle has remained continuously in the possession of the person claiming such the mechanic's lien or lien for storage. SECTION 68. In Colorado Revised Statutes, amend 42-6-133 as follows: 42-6-133. Foreign mortgages and liens. No A mortgage or lien on a motor or covered powersports vehicle filed for record in a state other than Colorado shall be is not valid and enforceable against the rights of subsequent purchasers for value, creditors, lienholders, or mortgagees having no actual notice of the existence of such the mortgage or lien. If the certificate of title for such the vehicle bears any notation adequate to apprise a purchaser, creditor, lienholder, or mortgagee of the existence of a mortgage or lien at the time a third party acquires a right in the motor vehicle, such the mortgage or lien and the rights of the holder of the mortgage or lien shall be are enforceable in this state as though such the mortgage were filed in Colorado and noted on the certificate of title or noted in the record of the authorized agent pertaining to that for the vehicle pursuant to under section 42-6-121. SECTION 69. In Colorado Revised Statutes, amend 42-6-134 as follows: 42-6-134. Where application for certificates of title made. Except as otherwise provided in this part 1, all applications a person shall apply for recording of certificates of title upon the sale or transfer of a motor or covered powersports vehicle described in the certificate of title shall be directed to and filed with the authorized agent of the county where such the vehicle will be registered and licensed for operation. SECTION 70. In Colorado Revised Statutes, 42-6-135, amend (2) as follows: 42-6-135. Lost certificates of title. (2) If the title owner, lienholder, or mortgagee of a certificate of title loses, misplaces, or accidentally destroys a certificate of title to a motor or covered powersports vehicle that such the person holds as described in the certificate of title, upon application, the director or the authorized agent may issue a duplicate copy of the recorded certificate of title as in other cases. SECTION 71. In Colorado Revised Statutes, 42-6-136, amend (1) as follows: 42-6-136. Surrender and cancellation of certificate - penalty for violation. (1) The owner of a motor or covered powersports vehicle for which a Colorado certificate of title has been issued, upon the destruction or dismantling of said motor the vehicle, upon its being changed so that it is no longer a motor or covered powersports vehicle, or upon its being sold or otherwise disposed of as salvage, shall surrender the certificate of title to the motor vehicle to the director or the authorized agent to be canceled or notify the director or the authorized agent on director-approved forms indicating the loss, destruction or dismantling, or sale for salvage. Upon the owner's procuring the consent of the holders of any unreleased mortgages or liens noted on or recorded as part of the certificate of title, such the director or authorized agent shall cancel the certificate. shall be canceled. A person who violates this section commits a class 1 petty offense and shall be punished as provided in section 18-1.3-503, C.R.S. SECTION 72. In Colorado Revised Statutes, 42-6-137, amend (2), (6), (7) (a), and (7) (b) as follows: 42-6-137. Fees. (2) Upon the receipt by an authorized agent of a mortgage for filing under section 42-6-121, 42-6-125, or 42-6-129, the filer shall pay the authorized agent shall be paid such the fees as that are imposed by law for the filing of like instruments in the office of the county clerk and recorder in the county where such mortgage is filed and, in addition, shall also receive a fee of seven dollars and twenty cents for the issuance or recording of the certificate of title and the notation in the record of the director or the authorized agent of the existence of the mortgage. (6) Upon filing with the director an application for a certificate of title, a motor or covered powersports vehicle dealer who applies to receive a certificate of title within one working day after application shall pay to such the director a fee of twenty-five dollars. (7) An authorized agent shall, if possible, provide the following recording of titles on the same day as the date of request by an applicant: (a) A title issued pursuant to because of a transfer of a motor or covered powersports vehicle currently titled in Colorado; (b) A title issued for a new motor or covered powersports vehicle upon filing of a manufacturer's statement of origin without liens; and SECTION 73. In Colorado Revised Statutes, 42-6-138, amend (2) introductory portion, (2) (b), (3), and (4) as follows: 42-6-138. Disposition of fees. (2) All fees collected by The authorized agent shall dispose of all fees collected under section 42-6-137 (5) or 38-29-138 (5), C.R.S., shall be disposed of as follows: (b) For assignment of a new identifying number to a motor or covered powersports vehicle or manufactured home, the authorized agent shall retain two dollars and fifty cents shall be retained by the authorized agent and disposition made dispose of it as provided by law; and shall credit one dollar shall be credited to the special purpose account established by section 42-1-211. The department shall credit all fees collected by the department it collects under the provisions of section 42-6-137 (1) (a), (4), or (5) or 38-29-138 (1) (a), (4), or (5), C.R.S., shall be credited to such the special purpose account. (3) The authorized agent shall retain all fees paid to the authorized agent under section 42-6-137 (3) for the extension of a mortgage or lien on a motor or covered powersports vehicle filed in the authorized agent's office shall be retained by the authorized agent to defray the cost of such the extension or release and shall be disposed of by the authorized agent dispose of them as provided by law; except that the authorized agent shall dispose of fees for this service that are paid to the authorized agent in the city and county of Denver shall, by such agent, be disposed of in the same manner as fees retained by the agent that were paid upon application being made for filing an application for a certificate of title. (4) The director shall credit the fee paid by a motor or covered powersports vehicle dealer to the director pursuant to section 42-6-137 (6) for a certificate of title issued within one working day of after application shall be credited to the special purpose account established by section 42-1-211 (2). SECTION 74. In Colorado Revised Statutes, 42-6-139, amend (1), (2), and (4) as follows: 42-6-139. Registration and title application - where made. (1) (a) For purposes of this section, a person's residence shall be is the person's principal or primary home or place of abode, to be determined in the same manner as residency for voter registration purposes as provided in sections 1-2-102 and 31-10-201, C.R.S.; except that, in applying the terms of those sections, "voter registration" shall be substituted for is replaced with "motor vehicle registration" or "covered powersports registration" as a circumstance to be taken into account in determining such the principal or primary home or place of abode. (b) A person's residence for the purposes of titling a covered powersports vehicle is the same as determined by paragraph (a) of this subsection (1). (2) (a) Except as may be otherwise provided by rule of the director, it is unlawful for any a person who is a resident of the state to register, to obtain a license for, or to procure a certificate of title to a motor vehicle at any address other than: (a) (I) For a motor vehicle that is owned by a business and operated primarily for business purposes, the address where such the vehicle is principally operated and maintained; or (b) (II) For any a motor vehicle for to which the provisions of subparagraph (I) of this paragraph (a) of this subsection (2) do does not apply, the address of the owner's residence; except that, if a motor vehicle is permanently maintained at an address other than the address of the owner's residence, such motor the vehicle shall be registered at the address where such motor the vehicle is permanently maintained. (b) Except as may be otherwise provided by rule of the director, it is unlawful for a person who is a resident of the state to procure a certificate of title to a covered powersports vehicle at any address other than: (I) For a covered powersports vehicle owned by a business and operated primarily for business purposes, the address where the vehicle is principally operated and maintained; or (II) For a covered powersports vehicle to which subparagraph (I) of this paragraph (b) does not apply, the address of the owner's residence; except that, if a covered powersports vehicle is permanently maintained at an address other than the address of the owner's residence, the vehicle must be registered at the address where the vehicle is permanently maintained. (4) In addition to any other applicable penalty, a person who registers a motor vehicle in violation of the provisions of violates subsection (2) of this section, section 42-3-103 (4) (a), or section 42-6-140 shall be is subject to a civil penalty of five hundred dollars. Such The violation shall be is determined by, assessed by, and paid to the municipality or county where the motor or covered powersports vehicle is or should have been registered, subject to judicial review pursuant to rule 106 (a) (4) of the Colorado rules of civil procedure. SECTION 75. In Colorado Revised Statutes, amend 42-6-141 as follows: 42-6-141. Director's records to be public. All Records in the director's office pertaining to the title to a motor or covered powersports vehicle shall be are public records and shall be subject to the provisions of section 42-1-206. This shall include any includes records regarding ownership of and mortgages or liens on a vehicle for which a Colorado certificate of title has been issued. SECTION 76. In Colorado Revised Statutes, 42-6-142, amend (1) as follows: 42-6-142. Penalties. (1) No A person may shall not sell, transfer, or in any manner dispose of a motor or covered powersports vehicle in this state without complying with this part 1. SECTION 77. In Colorado Revised Statutes, 42-6-145, amend (1) as follows: 42-6-145. Use of vehicle identification numbers in applications - rules. (1) (a) A person required to apply for a certificate of title or registration of a motor vehicle shall use the identification number placed upon the motor vehicle by the manufacturer or the special vehicle identification number assigned to the motor vehicle by the department pursuant to section 42-12-202. The department shall not issue a certificate of title and or registration card issued by the department shall use unless it uses the identification number of the motor vehicle. (b) A person required to apply for a certificate of title or registration of a covered powersports vehicle shall use the identification number placed upon the vehicle by the manufacturer or the special vehicle identification number assigned to the covered powersports vehicle by the department. The department shall not issue a certificate of title or registration card unless it uses the identification number of the covered powersports vehicle; except if the vehicle does not have a conforming identification number or is a duplicate, the department shall assign a special identification number for the certificate of title or registration and require the owner to place the number on the vehicle. SECTION 78. In Colorado Revised Statutes, 42-6-146, amend (1), (3), and (4) as follows: 42-6-146. Repossession of motor vehicle or covered powersports vehicle - owner must notify law enforcement agency - penalty. (1) If a mortgagee, lienholder, or the mortgagee's or lienholder's assignee or the agent of either repossesses a motor or covered powersports vehicle because of default in the terms of a secured debt, the repossessor shall notify, either verbally orally or in writing, a law enforcement agency, as provided in this section, of the fact of such repossession, the name of the owner, the name of the repossessor, and the name of the mortgagee, lienholder, or assignee. Such The notification shall must be made at least one hour before, or if possible, and in any event no later than one hour after, the repossession occurs. If such the repossession takes place in an incorporated city or town, the repossessor shall notify the police department, town marshal, or other local law enforcement agency of such the city or town. If such the repossession takes place in the unincorporated area of a county, the repossessor shall notify the county sheriff. (3) If a motor or covered powersports vehicle being repossessed is subject to the "Uniform Commercial Code - Secured Transactions", article 9 of title 4, C.R.S., the repossession shall be is governed by the provisions of section 4-9-629, C.R.S. (4) As used in this section, the term "repossessor" means the party who physically takes possession of the motor or covered powersports vehicle and drives, tows, or transports the motor vehicle for delivery to the mortgagee, lienholder, or assignee or the agent of such the mortgagee, lienholder, or assignee. SECTION 79. In Colorado Revised Statutes, add 42-6-148 as follows: 42-6-148. Powersports vehicles - sales. (1) Unless the owner has obtained a certificate of title for the powersports vehicle under this article, a person shall not sell a powersports vehicle to a powersports vehicle dealer and a powersports vehicle dealer shall not purchase a powersports vehicle. A sale or purchase made in violation of this subsection (1) is void ab initio. (2) A powersports registration issued under article 14.5 of title 33, C.R.S., by July 1, 2014, and a current year's registration, if a registration issued on or after July 1, 2014, is not the current year's registration, are sufficient evidence of ownership to issue a certificate of title under this part 1. (3) Until a covered powersports vehicle is issued a certificate of title, the attachment, recording, perfection, priority, renewal, extension, modification, releasing, termination, foreclosure, and any other aspect of a security interest in a covered powersports vehicle is governed by the "Uniform Commercial Code", title 4, C.R.S. SECTION 80. In Colorado Revised Statutes, 42-4-1701, amend (4) (a) (I) introductory portion, (4) (a) (I) (A), (4) (a) (I) (B), and (4) (a) (I) (L) as follows: 42-4-1701. Traffic offenses and infractions classified - penalties - penalty and surcharge schedule - repeal. (4) (a) (I) Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which paragraph (a) or (b) of subsection (5) of this section apply shall be fined or penalized, and have a surcharge levied thereon pursuant to sections 24-4.1-119 (1) (f) and 24-4.2-104 (1) (b) (I), C.R.S., in accordance with the penalty and surcharge schedule set forth in sub-subparagraphs (A) to (P) of this subparagraph (I); or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions shall be fifteen dollars, and the surcharge shall be four dollars. These penalties and surcharges shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections shall be as follows: Section Violated Penalty Surcharge (A) Drivers' license violations: 42-2-101 (1) or (4) $ 35.00 $ 10.00 42-2-101 (2), (3), or (5) 15.00 6.00 42-2-103 15.00 6.00 42-2-105 70.00 10.00 42-2-103 (3)(a) 15.00 6.00 42-2-103 (3)(b) 50.00 6.00 42-2-105 70.00 10.00 42-2-105.5 (4) 65.00 10.00 42-2-106 70.00 10.00 42-2-116 (6)(a) 30.00 6.00 42-2-119 15.00 6.00 42-2-134 35.00 10.00 42-2-136 35.00 10.00 42-2-139 35.00 10.00 42-2-140 35.00 10.00 42-2-141 35.00 10.00 (B) Registration and taxation violations: 42-3-103 $ 50.00 $ 16.00 42-3-113 15.00 6.00 42-3-103 (1)(a) and (6) $ 50.00 $ 16.00 42-3-113 15.00 6.00 42-3-202 15.00 6.00 42-3-116 50.00 16.00 42-3-121 (1)(a) 75.00 24.00 42-3-121 (1)(c) 35.00 10.00 42-3-121 (1)(f), (1)(g), and (1)(h) 75.00 24.00 42-3-304 to 42-3-306 50.00 16.00 (L) Speeding violations: 42-4-1101 (1) or (8) (b) (1 to 4 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) $ 30.00 $ 6.00 42-4-1101 (1) or (8) (b) (5 to 9 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) 70.00 10.00 42-4-1101 (1) or (8) (b) (10 to 19 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) 135.00 16.00 42-4-1101 (1) or (8) (b) (20 to 24 miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of 75 miles per hour) 200.00 32.00 42-4-1101 (8) (g) (1 to 4 miles per hour over the maximum lawful speed limit of 40 miles per hour driving a low-power scooter) 50.00 6.00 42-4-1101 (8) (g) (5 to 9 miles per hour over the maximum lawful speed limit of 40 miles per hour driving a low-power scooter) 75.00 10.00 42-4-1101 (8) (g) (greater than 9 miles per hour over the maximum lawful speed limit of 40 miles per hour driving a low-power scooter) 100.00 16.00 42-4-1101 (3) 100.00 10.00 42-4-1101 (8) (h) 25.00 3.00 42-4-1103 50.00 6.00 42-4-1104 30.00 6.00 SECTION 81. In Colorado Revised Statutes, 43-4-205, amend (5.5) (f) as follows: 43-4-205. Allocation of fund. (5.5) The following highway users tax fund revenues shall be allocated and expended in accordance with the formula specified in subsection (5) of this section: (f) Revenues from fees that are credited to the fund pursuant to section under sections 42-3-311 (1) and 42-3-313 (2), C.R.S., and that exceed the amount of appropriations made from the fund pursuant to those sections for the purpose of defraying specified administrative expenses; SECTION 82. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the Colorado state titling and registration account of the highway users tax fund created in section 42-1-211 (2), Colorado Revised Statutes, not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 2012, the sum of $25,900, or so much thereof as may be necessary, for allocation to the information technology division, for the implementation of this act. (2) In addition to any other appropriation, there is hereby appropriated to the governor - lieutenant governor - state planning and budgeting, for the fiscal year beginning July 1, 2012, the sum of $25,900, or so much thereof as may be necessary, for allocation to the office of information technology for the provision of programming services to the department of revenue related to the implementation of this act. Said sum is from reappropriated funds received from the department of revenue out of the appropriation made in subsection (1) of this section. SECTION 83. Act subject to petition - effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 8, 2012, if adjournment sine die is on May 9, 2012); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. The provisions of this act apply to acts occurring on or after April 1, 2014.