SENATE BILL 97089
BY SENATORS Powers, Arnold, Congrove, Hernandez, Martinez, Schroeder, Tebedo, and Weddig;
also REPRESENTATIVES Schauer, May, Mace, Musgrave,
Reeser, and Taylor.
CONCERNING THE REGISTRATION OF TRUCKS AS COLLECTORS'
ITEMS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. The
introductory portion to 4212101 (2), Colorado Revised
Statutes, 1993 Repl. Vol., as amended, is amended to read:
4212101. Definitions.
As used in this article, unless the context otherwise requires:
(2) "Collector's item" means
a motor vehicle, INCLUDING A TRUCK OR TRUCK TRACTOR, which is:
SECTION 2. 4212102
(1), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:
4212102. Registration of
collectors' items. (1) Except
for those motor vehicles which are entitled to registration under
the provisions of section 423138, collectors' items
shall be titled, registered, and a specific ownership tax shall
be paid thereon in the same manner as provided in this title for
other motor vehicles, with the following exceptions:
(c) THE ANNUAL REGISTRATION FEE FOR A
TRUCK OR TRUCK TRACTOR THAT HAS AN EMPTY WEIGHT OF SIX THOUSAND
ONE POUNDS OR MORE OR A DECLARED GROSS VEHICLE WEIGHT OF SIXTEEN
THOUSAND ONE POUNDS OR MORE AND IS A COLLECTORS' ITEM, SHALL BE
SIXTYFIVE DOLLARS IF SUCH VEHICLE IS USED EXCLUSIVELY FOR
NONCOMMERCIAL TRANSPORTATION AND ONLY USED TO DRIVE:
(I) TO AND FROM ASSEMBLIES, CONVENTIONS,
OR OTHER MEETINGS WHERE SUCH VEHICLES AND THEIR OWNERSHIP ARE
THE PRIMARY INTEREST;
(II) FOR SPECIAL OCCASIONS, DEMONSTRATIONS,
AND PARADES AND ON OCCASIONS WHEN THEIR OPERATION ON THE STREETS
AND HIGHWAYS WILL NOT CONSTITUTE A TRAFFIC HAZARD; OR
(III) TRAVELING TO AND FROM AND WHILE
ON LOCAL, STATE, OR NATIONAL TOURS HELD PRIMARILY FOR THE EXHIBITION
AND ENJOYMENT OF SUCH VEHICLES BY THEIR OWNERS.
(d) FOR PURPOSES OF PARAGRAPH (c) OF THIS
SUBSECTION (1), "NONCOMMERCIAL TRANSPORTATION" MEANS
A TRUCK OR TRUCK TRACTOR USED EXCLUSIVELY FOR PRIVATE TRANSPORTATION
OF PASSENGERS OR CARGO FOR PURPOSES UNRELATED IN ANY WAY TO A
BUSINESS OR COMMERCIAL ENTERPRISE.
SECTION 3. 423133
(1), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:
423133. Violation of registration
provisions penalty. (1) It
is unlawful for any person to commit any of the following acts:
(g) TO USE OR PERMIT THE USE OF ANY TRUCK
OR TRUCK TRACTOR REGISTERED AS A COLLECTOR'S ITEM PURSUANT TO
SECTION 4212102 (1) (c) TO TRANSPORT CARGO OR PASSENGERS
FOR PROFIT OR HIRE OR IN ANY BUSINESS OR COMMERCIAL ENTERPRISE.
(h) TO DRIVE OR PERMIT TO BE DRIVEN ANY
TRUCK OR TRUCK TRACTOR REGISTERED AS A COLLECTOR'S ITEM PURSUANT
TO SECTION 4212102 (1) (c) FOR ANY PURPOSE OTHER THAN
THOSE PURPOSES ALLOWED IN SECTION 4212102 (1) (c).
SECTION 4. 423133
(2) (c), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended to read:
423133. Violation of registration
provisions penalty. (2) (c) Any
person who violates paragraph (f) OR (g) of subsection (1) of
this section commits a class B traffic infraction. In addition
to the penalties prescribed for a violation of paragraph (f) OR
(g) of subsection (1) of this section, the department shall cancel
the registration of any noncommercial or recreational vehicle
which
OR ANY TRUCK OR TRUCK TRACTOR REGISTERED AS A COLLECTOR'S ITEM
PURSUANT TO SECTION 4212102 (1) (c) THAT has been
used to transport cargo or passengers for profit or hire or in
any business or commercial enterprise. THE DEPARTMENT SHALL ALSO
CANCEL THE REGISTRATION OF ANY TRUCK OR TRUCK TRACTOR REGISTERED
AS A COLLECTOR'S ITEM PURSUANT TO SECTION 4212102
(1) (c) THAT HAS BEEN DRIVEN FOR ANY PURPOSE OTHER THAN THOSE
PURPOSES ALLOWED IN SECTION 4212102 (1) (c).
SECTION 5. The
introductory portion to 423134 (13), Colorado Revised
Statutes, 1993 Repl. Vol., as amended, is amended to read:
423134. Registration fees
passenger and passengermile taxes.
(13) The annual registration fee for those trucks and
truck tractors operated over the public highways of this state,
except trucks which
THAT are registered under the provisions of subsections (12) and
(25) of this section AND SECTION 4212102 (1) (c),
shall be as follows:
SECTION 6. 4241701
(4) (a) (I) (B), Colorado Revised Statutes, 1993 Repl. Vol., as
amended, is amended to read:
4241701. Traffic offenses
and infractions classified penalties penalty and
surcharge schedule. (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 the provisions of paragraph (a) or (b)
of subsection (5) of this section apply shall be fined or penalized,
and have a surcharge levied thereon pursuant to section 244.2104
(1) (b) (I), C.R.S., in accordance with the penalty and surcharge
schedule set forth in subsubparagraphs (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 two 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:
(B) Registration and taxation violations:
423103 $ 50.00 $ 6.00
423112 15.00 2.00
423123 15.00 2.00
423127 50.00 6.00
423133 (1)(a) 75.00 9.00
423133 (1)(c) 35.00 4.00
423133 (1)(f), (1)(g), 75.00 9.00
AND (1)(h)
423134 50.00 6.00
SECTION 7. No appropriation.
The general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.
SECTION 8. Effective
date applicability. This act shall take effect January
1, 1998, and shall apply to offenses committed on or after said
date.
SECTION 9. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO