HOUSE BILL 971003
BY REPRESENTATIVES Tucker, Clarke, Swenson, and Tool;
also SENATOR Mutzebaugh.
CONCERNING CONDUCT RELATED TO THE OPERATION OF MOTOR
VEHICLES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 422118
(3) (a), (3) (b), and (3) (c), Colorado Revised Statutes, 1993
Repl. Vol., as amended, are amended, and the said 422118
(3) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to
read:
422118. Renewal of license
donations to organ and tissue donation awareness fund.
(3) (a) Prior to the renewal of a permanent driver's
license or the issuance or renewal of a probationary license,
the department shall determine if the applicant has any outstanding
judgments or warrants entered or issued against the applicant
OR IF THE APPLICANT HAS ISSUED A CHECK OR ORDER TO THE DEPARTMENT
FOR THE PAYMENT OF A PENALTY ASSESSMENT AND SUCH CHECK OR ORDER
WAS RETURNED FOR INSUFFICIENT FUNDS OR A CLOSED ACCOUNT AND REMAINS
UNPAID as set forth in section 4241709 (7).
(b) (I) If there are no outstanding
judgments or warrants entered or issued against the applicant
AND THE APPLICANT HAS NOT ISSUED A CHECK OR ORDER TO THE DEPARTMENT
THAT WAS RETURNED FOR INSUFFICIENT FUNDS OR A CLOSED ACCOUNT AND
THAT REMAINS UNPAID as set forth in section 4241709
(7) and if all other conditions for renewal pursuant to articles
1 to 4 of this title are met, the department shall renew the applicant's
permanent driver's license.
(II) If there are no outstanding judgments
or warrants entered or issued against the applicant AND THE DEFENDANT
HAS NOT ISSUED A CHECK OR ORDER TO THE DEPARTMENT THAT WAS RETURNED
FOR INSUFFICIENT FUNDS OR A CLOSED ACCOUNT AND THAT REMAINS UNPAID
as set forth in section 4241709 (7) and if all other
conditions for renewal pursuant to articles 1 to 4 of this title
are met, the department may issue or renew the applicant's probationary
license.
(c) If the department determines that
the applicant is subject to the requirements of section 4241709
(7), the permanent driver's license shall not be renewed or the
probationary license may not be issued or renewed until such applicant
has complied with said section. Any person who pays any outstanding
judgments, or
who has any warrants entered, OR WHO MAKES PAYMENT FOR A CHECK
OR ORDER TO THE DEPARTMENT THAT HAD BEEN RETURNED FOR INSUFFICIENT
FUNDS OR A CLOSED ACCOUNT pursuant to section 4241709
(7) shall pay to the court OR TO THE DEPARTMENT a thirtydollar
administrative processing cost for each such judgment, or
warrant, CHECK, OR ORDER in addition to all other penalties, costs,
or forfeitures. IF THE COURT COLLECTS AN ADMINISTRATIVE PROCESSING
FEE, the court shall remit fifty percent of the administrative
processing fee to the department of revenue, and the other fifty
percent of that fee is to be retained by the issuing court. IF
THE DEPARTMENT COLLECTS AN ADMINISTRATIVE PROCESSING FEE, THE
DEPARTMENT SHALL RETAIN THE FEE.
(f) THERE SHALL BE A TWENTYDAY PERIOD
TO APPEAL ANY PENALTY UNDER THIS SECTION WHEN IT CAN BE SHOWN
BY THE APPLICANT OR DEFENDANT THAT SUFFICIENT FUNDS WERE IN THE
FINANCIAL INSTITUTION AND THE ERROR WAS THAT OF THE FINANCIAL
INSTITUTION. IN THIS EVENT THE DEPARTMENT SHALL REVIEW THE DOCUMENTATION
AND, IF IT WAS THE FAULT OF THE FINANCIAL INSTITUTION THAT THE
CHECK OR ORDER WAS RETURNED, NO PENALTY OR FEE SHALL BE IMPOSED.
SECTION 2. 422126.1 (2)
(a.5), (2.5), (7), and (8), Colorado Revised Statutes,
1993 Repl. Vol., as amended, are amended, and the said 422126.1
(2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to
read:
422126.1. Probationary
licenses for persons convicted of alcoholrelated driving
offenses ignition interlock devices fees
interlock fund violations of probationary license
repeal. (2) The hearing officer
shall have the authority to hear an application by any person
for a probationary license under the provisions of this section
at a probationary license hearing. A probationary driver's license
issued pursuant to this section may not have a term longer than
one year. Such probationary driver's license may be renewed for
additional terms during the period that an approved ignition interlock
device is used pursuant to the requirements of this section. The
hearing officer may approve the application if:
(a.5) At
PRIOR TO the time of license restraint, such person has
HAD a valid driver's privilege; and
has no outstanding judgments or warrants issued against such person
pursuant to the requirements of section 422118 (3);
(a.7) AT THE TIME OF THE HEARING, SUCH
PERSON HAS NO OUTSTANDING JUDGMENTS OR WARRANTS ISSUED AGAINST
SUCH PERSON PURSUANT TO THE REQUIREMENTS OF SECTION 422118
(3);
(2.5) The leasing agency for any approved
ignition interlock device shall remit a filing fee in the amount
of thirtythree dollars for each person leasing a device
to cover program startup and operational costs incurred
by the department of revenue and the department of public health
and environment. The leasing agency shall remit the fees to the
state treasurer, who shall credit the fees to the interlock fund,
which fund is hereby created. Any federal grant moneys received
for purposes of supporting this pilot program also shall be remitted
to the interlock fund. The moneys in the fund shall be subject
to annual appropriation by the general assembly for the direct
and indirect costs of the administration of this section. Any
interest received from the deposit and investment of moneys in
the fund shall be credited to the fund. Any unexpended and unencumbered
moneys remaining in the fund on July
1, 1998 JULY 1, 2000, shall be transferred
to the highway users tax fund created pursuant to section 434201,
C.R.S.
(7) The office of transportation safety
in the department of transportation shall conduct an assessment
of the ignition interlock device program established pursuant
to this section. The department shall prepare a written report
regarding the results of the assessment and shall provide the
report to the general assembly on or before January
1, 1998 JANUARY 1, 2000.
(8) This section is repealed, effective
July 1, 1998
JULY 1, 2000.
SECTION 3. 422126.1
(2) (a), (2) (e), and (6) (a), Colorado Revised Statutes, 1993
Repl. Vol., as amended, are amended to read:
422126.1. Probationary
licenses for persons convicted of alcoholrelated driving
offenses ignition interlock devices fees
interlock fund violations of probationary license
repeal. (2) The hearing officer
shall have the authority to hear an application by any person
for a probationary license under the provisions of this section
at a probationary license hearing. A probationary driver's license
issued pursuant to this section may not have a term longer than
one year. Such probationary driver's license may be renewed for
additional terms during the period that an approved ignition interlock
device is used pursuant to the requirements of this section. The
hearing officer may approve the application if:
(a) The person's license revocation was
imposed primarily because of alcoholrelated offenses OR
BECAUSE THE PERSON IS A HABITUAL OFFENDER UNDER SECTION 422202;
(e) The person agrees that, during the
period of suspension, the person will not drive any motor vehicle
other than the motor vehicle in which the approved ignition interlock
device is installed and will not allow any other person to drive
such vehicle other than another owner or coowner, if any, of the
vehicle. IF THE PERSON=S
LICENSE WAS REVOKED BECAUSE THE PERSON IS A HABITUAL OFFENDER
UNDER SECTION 422202 AND SUCH REVOCATION WAS NOT IMPOSED
PRIMARILY FOR ALCOHOLRELATED OFFENSES, THE PERSON SHALL
ALSO AGREE TO DRIVE ONLY TO AND FROM THE PERSON=S
PLACE OF EMPLOYMENT.
(6) (a) For the purposes of this
section, "approved ignition interlock device" means
a device approved by the department of public health and environment
that is installed in a motor vehicle and that measures the breath
alcohol content of the driver before a vehicle is started and
that periodically requires additional breath samples during vehicle
operation. The device may not allow a motor vehicle to be started
or to continue normal operation if the device measures an alcohol
level above the level established by the department of public
health and environment, IF THE LICENSE IS REVOKED PRIMARILY BECAUSE
OF ALCOHOLRELATED OFFENSES, OR WILL ALLOW DRIVING ONLY DURING
CERTAIN HOURS, IF THE LICENSE IS OTHERWISE REVOKED UNDER SECTION
422202.
SECTION 4. 422127
(5) (v), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended, and the said 422127 is further amended
BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
422127. Authority to suspend license to deny license type of conviction points. (5) Point system schedule:
Type of conviction Points
(v) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH
(II) OF THIS PARAGRAPH (v), operating an unsafe vehicle 2
(II) OPERATING A VEHICLE WITH DEFECTIVE
HEAD LAMPS 1
(5.5) IF A PERSON RECEIVES A PENALTY ASSESSMENT
NOTICE FOR A VIOLATION UNDER SECTION 4241701 (5) AND
SUCH PERSON PAYS THE FINE AND SURCHARGE FOR THE VIOLATION ON OR
BEFORE THE DATE THE PAYMENT IS DUE, THE POINTS ASSESSED FOR THE
VIOLATION ARE REDUCED AS FOLLOWS:
(a) FOR A VIOLATION HAVING AN ASSESSMENT
OF THREE OR MORE POINTS UNDER SUBSECTION (5) OF THIS SECTION,
THE POINTS ARE REDUCED BY TWO POINTS;
(b) FOR A VIOLATION HAVING AN ASSESSMENT
OF TWO POINTS UNDER SUBSECTION (5) OF THIS SECTION, THE POINTS
ARE REDUCED BY ONE POINT.
(5.6) ANY MUNICIPALITY MAY ELECT TO HAVE
THE PROVISIONS OF SUBSECTION (5.5) OF THIS SECTION APPLY TO PENALTY
ASSESSMENT NOTICES ISSUED BY THE MUNICIPALITY PURSUANT TO COUNTERPART
MUNICIPAL ORDINANCES. WHENEVER A MUNICIPALITY REDUCES A TRAFFIC
OFFENSE, THE REDUCED OFFENSE AND THE POINTS ASSESSED FOR SUCH
REDUCED OFFENSE SHALL CONFORM TO THE POINT ASSESSMENT SCHEDULE
UNDER SECTION 422127 (5).
(5.7) NOTWITHSTANDING ANY OTHER PROVISION
OF THE STATUTES TO THE CONTRARY, IF A PENALTY ASSESSMENT FOR A
TRAFFIC INFRACTION IS NOT PERSONALLY SERVED ON THE DEFENDANT OR
THE DEFENDANT HAS NOT ACCEPTED THE JURISDICTION OF THE COURT FOR
SUCH PENALTY ASSESSMENT, THEN THE TRAFFIC INFRACTION IS A CLASS
B TRAFFIC INFRACTION AND THE DEPARTMENT HAS NO AUTHORITY TO ASSESS
ANY POINTS UNDER THIS SECTION UPON ENTRY OF JUDGMENT FOR SUCH
TRAFFIC INFRACTION.
SECTION 5. Part
6 of article 4 of title 42, Colorado Revised Statutes, 1993 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
424613. Designation of
highway maintenance, repair, or construction zones signs
increase in penalties for speeding violations.
(1) IF MAINTENANCE, REPAIR, OR CONSTRUCTION ACTIVITIES
ARE OCCURRING OR WILL BE OCCURRING WITHIN FOUR HOURS ON A PORTION
OF A STATE HIGHWAY, THE DEPARTMENT OF TRANSPORTATION MAY DESIGNATE
SUCH PORTION OF THE HIGHWAY AS A HIGHWAY MAINTENANCE, REPAIR,
OR CONSTRUCTION ZONE. ANY PERSON WHO COMMITS A SPEEDING VIOLATION
IN A MAINTENANCE, REPAIR, OR CONSTRUCTION ZONE THAT IS DESIGNATED
PURSUANT TO THE PROVISIONS OF THIS SECTION IS SUBJECT TO THE INCREASED
PENALTIES AND SURCHARGES IMPOSED BY SECTION 4241701
(4) (c).
(2) THE DEPARTMENT OF TRANSPORTATION SHALL
DESIGNATE A MAINTENANCE, REPAIR, OR CONSTRUCTION ZONE BY ERECTING
OR PLACING AN APPROPRIATE SIGN IN A CONSPICUOUS PLACE BEFORE THE
AREA WHERE THE MAINTENANCE, REPAIR, OR CONSTRUCTION ACTIVITY IS
TAKING PLACE OR WILL BE TAKING PLACE WITHIN FOUR HOURS. SUCH SIGN
SHALL NOTIFY THE PUBLIC THAT INCREASED PENALTIES FOR SPEEDING
VIOLATIONS ARE IN EFFECT IN SUCH ZONE. THE DEPARTMENT OF TRANSPORTATION
SHALL ERECT OR PLACE A SECOND SIGN AFTER SUCH ZONE INDICATING
THAT THE INCREASED PENALTIES FOR SPEEDING VIOLATIONS ARE NO LONGER
IN EFFECT. A MAINTENANCE, REPAIR, OR CONSTRUCTION ZONE BEGINS
AT THE LOCATION OF THE SIGN INDICATING THAT INCREASED PENALTIES
ARE IN EFFECT AND ENDS AT THE LOCATION OF THE SIGN INDICATING
THAT THE INCREASED PENALTIES ARE NO LONGER IN EFFECT.
(3) SIGNS USED FOR DESIGNATING THE BEGINNING
AND END OF A MAINTENANCE, CONSTRUCTION, OR REPAIR ZONE SHALL CONFORM
TO DEPARTMENT OF TRANSPORTATION REQUIREMENTS. THE DEPARTMENT OF
TRANSPORTATION MAY DISPLAY SUCH SIGNS ON ANY FIXED, VARIABLE,
OR MOVABLE STAND. THE DEPARTMENT OF TRANSPORTATION MAY PLACE SUCH
A SIGN ON A MOVING VEHICLE IF REQUIRED FOR CERTAIN DEPARTMENT
ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, HIGHWAY PAINTING WORK.
SECTION 6. 4241701
(4), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
4241701. Traffic offenses
and infractions classified penalties penalty and
surcharge schedule. (4) (c) THE
PENALTIES AND SURCHARGES IMPOSED FOR SPEEDING VIOLATIONS UNDER
(4) (a) (I) (L) OF THIS SECTION ARE DOUBLED IF A SPEEDING VIOLATION
OCCURS WITHIN A MAINTENANCE, REPAIR, OR CONSTRUCTION ZONE THAT
IS DESIGNATED BY THE DEPARTMENT OF TRANSPORTATION PURSUANT TO
THE REQUIREMENTS OF SECTION 424613.
SECTION 7. 4241709
(7) (a), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
4241709. Penalty assessment
notice for traffic infractions violations of provisions
by officer driver's license. (7) (a) No
person shall be allowed or permitted to obtain or renew a permanent
driver's, minor driver's, provisional driver's, or probationary
license if such person has, at the time of making application
for obtaining or renewing such driver's license:
(VI) ISSUED A CHECK OR ORDER TO THE DEPARTMENT
TO PAY A PENALTY ASSESSMENT, A DRIVER'S LICENSE FEE, A LICENSE
REINSTATEMENT FEE, OR A MOTOR VEHICLE RECORD FEE AND SUCH CHECK
OR ORDER IS RETURNED FOR INSUFFICIENT FUNDS OR A CLOSED ACCOUNT
AND REMAINS UNPAID. FOR THE PURPOSES OF THIS SUBPARAGRAPH (VI),
THE TERM "INSUFFICIENT FUNDS" MEANS HAVING AN INSUFFICIENT
BALANCE ON ACCOUNT WITH A BANK OR OTHER DRAWEE FOR THE PAYMENT
OF A CHECK OR ORDER WHEN THE CHECK OR ORDER IS PRESENTED FOR PAYMENT
WITHIN THIRTY DAYS AFTER ISSUE.
SECTION 8. 4241903
(2) (a), (2) (b) (I), (2) (c), (3), and (5), Colorado Revised
Statutes, 1993 Repl. Vol., as amended, are amended to read:
4241903. School buses
stops signs passing. (2) (a) Every
school bus AS DEFINED IN SECTION 421102 (88), other
than a small passengertype vehicle having a seating capacity
of not more than fifteen, used for the transportation of schoolchildren
shall:
(I) Bear upon the front and rear thereof
OF SUCH SCHOOL BUS plainly visible and legible signs containing
the words "SCHOOL BUS" in letters not less than eight
inches in height; and
(II) shall
Display four
EIGHT visual signal lights, which shall be two alternating flashing
red lights visible to the drivers of vehicles approaching from
the front of said bus, and
two alternating flashing red lights visible to the drivers of
vehicles approaching from the rear of said bus, and may
also display four additional
visual signal lights which shall be yellow signal lights mounted
near each of the four red lights and at the same level but closer
to the vertical center line of the bus and which shall be alternately
flashing with two visible to the front and two visible to the
rear. These visual signal lights shall be mounted as high as practicable,
shall be as widely spaced laterally as practicable, and shall
be located on the same level. These lights shall have sufficient
intensity to be visible at five hundred feet in normal sunlight.
(b) (I) When
a school bus is equipped only with
THE red visual signal lights they
shall be actuated by the driver of said
THE school bus whenever such vehicle
THE SCHOOL BUS is stopped for the purpose of receiving or discharging
schoolchildren and at no other time; but such lights need not
be actuated when any said
A school bus is stopped at locations where the local traffic regulatory
authority has by prior written designation declared such actuation
unnecessary.
(c) When a
school bus is equipped with THE alternating
flashing yellow lights in addition
to the red lights and when the use of a signal light system is
required, the yellow lights shall
be actuated at least two hundred feet prior to the point at
which such WHERE THE bus is to be
stopped for the purpose of receiving or discharging schoolchildren,
and the red lights shall be actuated only at the time the bus
is actually stopped. On and after
January 1, 1976, all school buses required to be equipped shall
be equipped with such visual signal light systems as provided
in this section.
(3) Every school bus used for the transportation
of schoolchildren, except those small passengertype vehicles
described in subsection (1) of this section, may
be equipped, and, on and after January 1, 1976,
shall be equipped with a stop signal arm mounted outside the bus
on the left alongside the driver and below the window. Such
THE stop signal arm shall be a flat octagon with the word "STOP"
printed on both sides in such a manner as to be easily visible
to persons approaching from either direction. The stop signal
arm shall contain two alternately flashing red lamps which are
connected to the alternating flashing signal light system described
in subsection (2) of this section, and the stop signal arm shall
be extended only when the red visual signal lights are in operation.
(5) Every school bus shall stop as far
to the right off
OF the roadway as possible before discharging or loading passengers
and, when possible, shall not stop where the visibility is obscured
for a distance of two hundred feet either way from the bus. The
driver of a school bus which has stopped shall allow time for
any vehicles which have stopped behind the school bus to pass
the school bus, if such passing is legally permissible where the
school bus is stopped, after the school
bus's visual signal lights, if any,
are no longer being displayed or actuated and after all children
who have embarked or disembarked from the bus are safe from traffic.
SECTION 9. 427406
(1), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended to read:
427406. Proof required
under certain conditions. (1) Whenever
the director revokes the license of any person under section 422125
or 422126, or cancels any license under section 422122
because of the licensee's inability to operate a motor vehicle
because of physical or mental incompetence, or cancels any probationary
license under section 422127, the director shall not
issue to or continue in effect for any such person any new or
renewal of license until permitted under the motor vehicle laws
of this state, and not then until and unless such person files
or has filed and maintains proof of financial responsibility as
provided in this article; except that persons WHOSE LICENSES ARE
cancelled pursuant to section 422122 (2.5) OR REVOKED
PURSUANT TO SECTION 422125 (1) (m) shall not be required
to file proof of financial responsibility in order to be relicensed.
SECTION 10. 427408
(1) (c) and (5), Colorado Revised Statutes, 1993 Repl. Vol., as
amended, are amended to read:
427408. Proof of financial
responsibility methods of giving proof duration
exception repeal. (1) (c) Notwithstanding
the threeyear requirement in paragraph (b) of this subsection
(1), if an insured has been found guilty of a driving offense
pursuant to section 4241301 (1) or (2) or if the insured's
license has been revoked pursuant to section 422125
(1) (m) or 422126 only
one time and no accident was involved in such offense, proof of
financial responsibility for the future shall be required to be
maintained only for as long as the insured's driving privilege
is ordered to be under restraint, up to a maximum of three years.
The time period for maintaining the future proof of liability
insurance shall begin at the time the driver reinstates his or
her driving privilege.
(5) (a) Persons previously required
to post three years
proof of financial responsibility for the future pursuant to a
conviction under section 422125 (1) (m) shall
only be required to post proof of financial responsibility for
the future consistent with the provisions of this section
ARE AUTHORIZED TO END SUCH POSTING ON JULY 1, 1997.
(b) THIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 1998.
SECTION 11. Effective
date applicability. This act shall take effect
July 1, 1997. Sections 4 through 6 of this act shall apply to
offenses committed on or after said date. Sections 1 and 7 of
this act shall apply to checks and orders received by the department
on or after said date.
SECTION 12. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO