First Regular Session
Sixty-first General Assembly
LLS NO. 970569.01 EBD
HOUSE BILL 971280
STATE OF COLORADO
BY REPRESENTATIVE Sinclair
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
CONCERNING THE DEPARTMENT OF REVENUE'S RECORDS OF
TRAFFIC VIOLATIONS.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Authorizes the department of revenue to set fees for online access to department of revenue motor vehicle records and accident reports. Authorizes the department of revenue to accept credit cards in payment for department fees and allows the department to collect a handling fee or service fee for a vendor in connection with credit card payments. Exempts the department from the provision of the uniform consumer credit code forbidding a surcharge on credit card payments. Clarifies that the partial official records or information extrapolated from official records are official records of the department of revenue.
Authorizes the department of revenue to purge records
of certain traffic violations from the department's public records
after specified periods of time. Authorizes the department to
purge records of major violations after 7 years and to purge other
records after 5 years. Excludes drug or alcoholrelated
violations from such purging authority.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 421206 (2), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended, and the said 421206 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
421206. Records open to inspection furnishing of copies credit cards. (2) Upon written application and the payment of a fee of two dollars and twenty cents per copy, or search therefor, for each copy requested, the department shall furnish to any person a photostatic copy of any specified record or accident report specifically made a public record by any provision of this title and shall, for the additional fee of fifty cents per certification, if requested, certify the same. THE DEPARTMENT MAY ESTABLISH A FEE SCHEDULE FOR ANY REQUEST FOR ONLINE COMPUTER ACCESS TO RECORDS OR ACCIDENT REPORTS. Any information required to be kept confidential by section 2472204 (3.5) (a), C.R.S., shall be rendered illegible by the department on any copy furnished pursuant to this section. All fees collected under the provisions of this subsection (2) shall be used to defray the expenses of providing such copies; except that ten cents of each fee collected by the department shall be credited to the special purpose account established under section 421211 and used as provided in said section.
(3) THE DEPARTMENT MAY ACCEPT A CREDIT CARD FOR PAYMENT OF ANY FEE CHARGED BY THE DEPARTMENT FOR FURNISHING A RECORD PURSUANT TO THIS SECTION. NOTWITHSTANDING THE PROVISIONS OF SECTION 52109 (3), C.R.S., IF A CREDIT CARD IS USED BY AN APPLICANT TO PAY A FEE IMPOSED PURSUANT TO THIS SECTION, THE DEPARTMENT MAY COLLECT A HANDLING FEE OR SERVICE FEE IMPOSED BY A VENDOR FOR SUCH CREDIT CARD SERVICE IN ADDITION TO THE ESTABLISHED FEE.
SECTION 2. 422121 (2) (c) (I) (I), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended, and the said 422121 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
422121. Records to be kept by the department admission of records in court purging of records. (2) (c) (I) The following records and documents filed with, maintained by, or prepared by the department are official records and documents of the state of Colorado:
(I) Written summaries and data compilations, if prepared by the department from records and documents filed with, maintained by, or prepared by the department, as defined in subsubparagraphs (A) to (H) of this subparagraph (I) AND ANY PARTIAL OFFICIAL RECORDS OR EXTRACTIONS OF DATA FROM OTHER OFFICIAL RECORDS;
(4) (a) THE DEPARTMENT MAY PURGE THE FOLLOWING RECORDS FROM THE OFFICIAL PUBLIC RECORDS OF THE DEPARTMENT:
(I) A RECORD OF A MAJOR VIOLATION MAY BE PURGED SEVEN YEARS AFTER THE CONVICTION FOR THE VIOLATION; AND
(II) A RECORD OF ANY TRAFFIC VIOLATION OTHER THAN A MAJOR VIOLATION MAY BE PURGED FIVE YEARS AFTER THE CONVICTION FOR THE VIOLATION.
(b) FOR THE PURPOSES OF THIS SUBSECTION (4), "MAJOR VIOLATION" MEANS ANY OF THE FOLLOWING OFFENSES:
(I) DRIVING A MOTOR VEHICLE IN A RECKLESS MANNER IN VIOLATION OF SECTION 4241401;
(II) DRIVING A MOTOR VEHICLE UPON A HIGHWAY WHILE SUCH PERSON'S LICENSE OR PRIVILEGE TO DRIVE A MOTOR VEHICLE HAS BEEN DENIED, SUSPENDED, OR REVOKED IN VIOLATION OF SECTION 422138;
(III) KNOWINGLY MAKING ANY FALSE AFFIDAVIT OR SWEARING OR AFFIRMING FALSELY TO ANY MATTER OR THING REQUIRED BY THE MOTOR VEHICLE LAWS OR AS TO INFORMATION REQUIRED IN THE ADMINISTRATION OF SUCH LAWS;
(IV) VEHICULAR ASSAULT OR VEHICULAR HOMICIDE, OR MANSLAUGHTER OR CRIMINALLY NEGLIGENT HOMICIDE THAT RESULTS FROM THE OPERATION OF A MOTOR VEHICLE, OR AGGRAVATED MOTOR VEHICLE THEFT, AS SUCH OFFENSES ARE DESCRIBED IN TITLE 18, C.R.S.;
(V) CONVICTION OF THE DRIVER OF A MOTOR VEHICLE INVOLVED IN ANY ACCIDENT INVOLVING DEATH OR PERSONAL INJURIES FOR FAILURE TO PERFORM THE DUTIES REQUIRED OF SUCH PERSON UNDER SECTION 4241601.
(c) THE OFFENSES INCLUDED IN SUBPARAGRAPHS (I), (II), AND (IV) OF PARAGRAPH (b) OF THIS SUBSECTION (4) SHALL BE DEEMED TO INCLUDE CONVICTIONS UNDER ANY FEDERAL LAW, ANY LAW OF ANOTHER STATE, OR ANY ORDINANCE OF A MUNICIPALITY THAT SUBSTANTIALLY CONFORMS TO THE STATUTORY PROVISIONS OF THIS STATE REGULATING THE OPERATION OF MOTOR VEHICLES. FOR PURPOSES OF THIS PARAGRAPH (c), THE TERM "MUNICIPALITY" MEANS ANY HOME RULE OR STATUTORY CITY OR TOWN, A TERRITORIAL CHARTER CITY, OR A CITY AND COUNTY.
(d) THIS SUBSECTION (4) DOES NOT APPLY TO A PERSON WHOSE LICENSE IS UNDER RESTRAINT, A RECORD OF A DRUG OR ALCOHOLRELATED VIOLATION, OR TO A RECORD OF THE DEPARTMENT THAT IS NOT AVAILABLE TO THE PUBLIC.
SECTION 3. Effective date. This act shall take effect on September 1, 1997; except that, if a referendum petition is filed against this act or an item, section, or part of this act within the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.