SENATE 3rd Reading Unamended May 5, 2015 SENATE Amended 2nd Reading May 4, 2015First Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 15-1111.01 Yelana Love x2295 SENATE BILL 15-286 SENATE SPONSORSHIP Sonnenberg, HOUSE SPONSORSHIP Saine, Senate Committees House Committees Transportation Finance Appropriations A BILL FOR AN ACT Concerning the training required to receive a motorcycle endorsement, and , in connection therewith, repealing the motorcycle operator safety training program and requiring the department of revenue to issue an endorsement to an applicant who completes certain motorcycle safety training programs. 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 repeals the motorcycle operator safety training program and instead requires the department of revenue to issue a motorcycle endorsement to an applicant who: Provides proof of completion of a motorcycle training program; and Attests that the program used the curriculum established by the National Association of State Motorcycle Safety Administrators. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 43-5-507 as follows: 43-5-507. Repeal. This part 5 is repealed, effective September 1, 2017 July 1, 2016. SECTION 2. In Colorado Revised Statutes, amend 43-5-504 as follows: 43-5-504. Motorcycle operator safety training fund. (1) The motorcycle operator safety training fund is hereby created in the state treasury. The fund consists of moneys collected under sections 42-2-114 (2) (d) and (4) (b), 42-2-118 (1) (b) (II), and 42-3-304 (4), C.R.S. The moneys in the fund are available immediately, without further appropriation, for allocation by the transportation commission to the office to be used for the implementation and administration of the program. Moneys credited to the fund remain in the fund at the end of each fiscal year and are not transferred to any other fund. SECTION 3. In Colorado Revised Statutes, 42-2-103, amend (1) (b) as follows: 42-2-103. Motorcycles - low-power scooters - driver's license required. (1) (b) (I) The department shall require an applicant for a general motorcycle endorsement to demonstrate the applicant's ability to exercise ordinary and reasonable care and control in the operation of a motorcycle. The department shall also require an applicant for a limited three-wheel motorcycle endorsement to demonstrate the applicant's ability to exercise ordinary and reasonable care and control in the operation of a three-wheel motorcycle. (II) an applicant may satisfy the requirement in subparagraph (I) of this paragraph (b) by providing proof of completion of a motorcycle training program using curricula determined in writing by the National association of State Motorcycle Safety Administrators to meet the national highway traffic safety administration's national model standards for entry-level motorcycle rider training. SECTION 4. In Colorado Revised Statutes, 12-15-101, amend (3) as follows: 12-15-101. Definitions. As used in this article, unless the context otherwise requires: (3) "Commercial driving school" means any business or any person who, for compensation, provides or offers to provide instruction in the operation of a motor vehicle, with the exceptions of secondary schools and institutions of higher education offering programs approved by the department of education and private occupational schools offering programs approved by the private occupational school division. Such The term shall does not include any motorcycle operator safety training program established pursuant to section 43-5-502, C.R.S. schools. SECTION 5. In Colorado Revised Statutes, 24-75-402, repeal (5) (n) as follows: 24-75-402. Cash funds - limit on uncommitted reserves - reduction in amount of fees - exclusions. (5) Notwithstanding any provision of this section to the contrary, the following cash funds are excluded from the limitations specified in this section: (n) The motorcycle operator safety training fund created in section 43-5-504, C.R.S.; SECTION 6. In Colorado Revised Statutes, 42-2-106, amend (1) (b) (I) as follows: 42-2-106. Instruction permits and temporary licenses. (1) (b) (I) A minor who is fifteen years of age or older and has completed a department-approved driver education course within the last six months may apply for a minor's instruction permit, pursuant to sections 42-2-107 and 42-2-108. Nothing in this subparagraph (I) shall require a minor who is fifteen years of age or older and in the foster care system to complete and present an affidavit of liability to register for a department-approved driver education course prior to applying for a minor's instruction permit. Upon presentation of a written or printed statement signed by the parent, stepparent, grandparent with power of attorney, or guardian or foster parent and the instructor of the driver education course that the minor has passed an approved driver education course, and a signed affidavit of liability pursuant to section 42-2-108, the department shall issue the permit entitling the applicant, while having the permit in the applicant's immediate possession, to drive a motor vehicle, including a motorcycle, under the supervision of the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who cosigned the application for the minor's instruction permit, if the parent, stepparent, grandparent with power of attorney, or guardian or foster parent holds a valid Colorado driver's license and occupies the front seat of the motor vehicle or, if the vehicle is a motorcycle, is authorized under this article to drive a motorcycle and is in close proximity to the driver while the minor is driving. In addition, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who is authorized pursuant to this section to supervise the minor driver while the minor is driving, may allow the minor, while having the permit in the applicant's immediate possession, to drive with an individual who holds a valid driver's license and is twenty-one years of age or older for additional driving experience, but such additional driving experience shall not count toward the requirement established in section 42-2-104. The permit shall also entitle the applicant to drive a motor vehicle, including a motorcycle, that is marked to indicate that it is a motor vehicle used for instruction and that is properly equipped for instruction, upon the highways when accompanied by or under the supervision of an approved driver education instructor who holds a valid Colorado driver's license. Driver education instructors giving instruction in motorcycle safety shall have a valid motorcycle driver's license from Colorado and shall have successfully completed an instruction program in motorcycle safety approved by the department. The permit shall expire expires three years after issuance. SECTION 7. In Colorado Revised Statutes, 42-2-114, repeal (2) (d) as follows: 42-2-114. License issued - fees - rules - repeal. (2) (d) In addition to the fee established in paragraph (a) of this subsection (2), a surcharge of two dollars is added for issuance of a driver's or minor driver's license with a motorcycle endorsement. The department shall transfer the surcharge to the state treasurer, who shall credit it to the motorcycle operator safety training fund, created in section 43-5-504, C.R.S. SECTION 8. In Colorado Revised Statutes, repeal 42-2-118 (2) (b) (II) as follows: 42-2-118. Renewal of license in person or by mail - donations to Emily Maureen Ellen Keyes organ and tissue donation awareness fund - repeal. (2) (b) (II) A surcharge of one dollar shall be added to any extension sought for a license for which a motorcycle endorsement is requested which shall be credited to the motorcycle operator safety training fund created in section 43-5-504, C.R.S. SECTION 9. In Colorado Revised Statutes, repeal 42-3-304 (4) as follows: 42-3-304. Registration fees - passenger and passenger-mile taxes - clean screen fund - definitions - repeal. (4) Upon registration, the owner of each motorcycle shall pay a surcharge of four dollars, which shall be credited to the motorcycle operator safety training fund created in section 43-5-504, C.R.S. SECTION 10. In Colorado Revised Statutes, amend 42-4-101 as follows: 42-4-101. Short title. Parts 1 to 3, 5 to 19, and 21 of this article, and part 1 of article 2 of this title and part 5 of article 5 of title 43, C.R.S., shall be known and may be cited as the "Uniform Safety Code of 1935". SECTION 11. Act subject to petition - effective date. Sections 1, 3 through 6, and 10 of this act take effect July 1, 2016, and the remainder of this act takes 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 5, 2015, if adjournment sine die is on May 5, 2015); 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 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor; except that sections 1, 3 through 6, and 10 of this act takes effect July 1, 2016, or upon the official declaration of the vote thereon by the governor, whichever is later.