CORRECTED
BY REPRESENTATIVES May, Gotlieb, Schauer, Smith, Swenson, and S. Williams;
also SENATORS Mutzebaugh, Chlouber, Norton, Powers,
and Tebedo.
CONCERNING TRANSPORTATION, AND MAKING AN APPROPRIATION
IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3927301
(2), (5), and (7), Colorado Revised Statutes, are amended, and
the said 3927301 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
3927301. Definitions. As
used in this part 3, unless the context otherwise requires:
(2) "Base state
JURISDICTION" means the state
JURISDICTION in which the motor carrier is legally domiciled or,
in the case of a motor carrier who has no legal domicile, the
state
JURISDICTION from or in which the motor carrier's vehicles are
most frequently dispatched, garaged, serviced, maintained, operated,
or otherwise controlled.
(3.5) "JURISDICTION" MEANS A
STATE, TERRITORY, OR POSSESSION OF THE UNITED STATES, THE DISTRICT
OF COLUMBIA, OR A FOREIGN COUNTRY, INCLUDING A STATE, PROVINCE,
TERRITORY, OR POSSESSION OF A FOREIGN COUNTRY.
(5) "Motor carrier" means an
individual, limited liability company, partnership, firm, association,
or private or public corporation engaged in interstate
commercial operation of motor vehicles INVOLVING TWO OR MORE JURISDICTIONS,
any part of which is within this state or any other state
which JURISDICTION THAT is party
to an agreement under this part 3.
(7) "State"
means a state, territory, or possession of the United States and
the District of Columbia.
SECTION 2. 3927302,
Colorado Revised Statutes, is amended to read:
3927302. Agreements between
jurisdictions. The department
may enter into a motor fuel tax cooperative agreement with another
state
JURISDICTION or states which provides
JURISDICTIONS THAT PROVIDE for the administration, collection,
and enforcement of each state's
JURISDICTION'S motor fuel taxes on motor fuel used by motor carriers.
The agreement shall not contain any provision which
THAT exempts any motor vehicle, owner, or operator from complying
with the laws, rules, and regulations pertaining to motor vehicle
licensing, size, weight, load, or operation upon the public highways
of this state.
SECTION 3. 3927304
(1) (b) and (1) (g), Colorado Revised Statutes, are amended to
read:
3927304. Provisions of
agreements. (1) An agreement
entered into under this part 3 may provide for:
(b) Establishing methods for base state
JURISDICTION fuel tax licensing, license revocation, and tax collection
from motor carriers on behalf of the states
which JURISDICTIONS THAT are parties
to the agreement;
(g) Establishing procedures for the forwarding
of fuel taxes, penalties, and interest collected on behalf of
another state
JURISDICTION to such state
JURISDICTION;
SECTION 4. 3927306
(1), Colorado Revised Statutes, is amended to read:
3927306. Tax collection.
(1) The agreement may require the department to perform
audits of licensees or persons required to be licensed and who
are based in this state to determine whether motor fuel taxes
to be collected under the agreement have been reported properly
and paid to each state which
JURISDICTION THAT is a party to the agreement. The agreement
may authorize other states
JURISDICTIONS to perform audits on licensees or persons required
to be licensed and who are based in such other states
JURISDICTIONS on behalf of the state of Colorado and forward the
audit findings to the department. Such findings may be served
upon the licensee or such other person in the same manner as audits
performed by the department.
SECTION 5. 3927309,
Colorado Revised Statutes, is amended to read:
3927309. Exchange of information. The
agreement may require each state
JURISDICTION to forward to other states
JURISDICTIONS that are a party to the agreement any information
available which relates
RELATING to the acquisition, sales, use, or movement of motor
fuels by any licensee or person required to be licensed. The
department may further disclose to other states
JURISDICTIONS that are a party to the agreement information which
relates RELATING to the persons,
offices, motor vehicles, and other real and personal property
of persons licensed or required to be licensed under the agreement.
SECTION 6. 3927310
(1), Colorado Revised Statutes, is amended to read:
3927310. Construction of
this part 3 rules and regulations.
(1) This part 3 shall be applied and construed to effectuate
its general purpose to make uniform the law with respect to the
subject of this part 3 among states
JURISDICTIONS enacting it for the purpose of participating in
a multistate
MULTIJURISDICTIONAL motor fuel tax agreement.
SECTION 7. 424505
(2) (b), Colorado Revised Statutes, is amended to read:
424505. Longer vehicle
combinations. (2) The permits
shall allow operation, over designated highways, of the following
vehicle combinations of not more than three cargo units and neither
fewer than six axles nor more than nine axles:
(b) An unladen truck tractor, a semitrailer, and a single trailer. A semitrailer used with a converter dolly shall be considered a trailer. Semitrailers and trailers shall be of approximately equal lengths not to exceed fortyeight feet in length. NOTWITHSTANDING ANY OTHER RESTRICTION SET FORTH IN THIS SECTION, SUCH COMBINATION MAY HAVE UP TO ELEVEN AXLES WHEN USED TO TRANSPORT EMPTY TRAILERS.
SECTION 8. 428105
(1), (2), (3), and (4), Colorado Revised Statutes, are amended
to read:
428105. Clearance of motor
vehicles at port of entry weigh stations.
(1) Every owner or operator of a motor vehicle that
is subject to payment of registration fees under the provisions
of section 423134 (13) (b) and every owner or operator
of a motor vehicle or combination of vehicles having a manufacturer's
gross vehicle weight rating or gross combination weight rating
of twentysix thousand one pounds or more shall secure a
valid clearance from an office of the department of revenue, from
an officer of the Colorado state patrol, or from a port of entry
weigh station before operating such vehicle or combination of
vehicles or causing such vehicle or combination of vehicles to
be operated on the public highways of this state, but an owner
or operator shall be deemed to have complied with the provisions
of this subsection (1) if the owner or operator secures a VALID
clearance from the first port of entry weigh station located within
five road miles of the route which
THAT the owner or operator would normally follow from the point
of departure to the point of destination. An owner or operator
shall not be required to seek out a port of entry weigh station
not located on the route such owner or operator is following if
the owner or operator secures a special revocable permit from
the department of revenue in accordance with the provisions of
subsection (4) of this section. A vehicle of a seating capacity
of fourteen or more passengers registered under the provisions
of section 423134 (4) (c) (I) or (21) (a) shall not
be required to secure a VALID clearance certificate
pursuant to this section.
(2) It is unlawful for any owner or operator
of a motor vehicle subject to the provisions of section
423134 SUBSECTION (1)
OF THIS SECTION to permit the travel of such motor vehicle on
the public highways of this state without first having secured
a valid clearance certificate
as provided in SAID subsection (1), of
this section, and every such owner
or operator shall be required to seek out a port of entry weigh
station for the purpose of securing such valid clearance, certificate,
whether or not such port of entry weigh station is located on
the route which
THAT the owner or operator is following, unless a valid clearance
certificate
or a special permit in accordance with subsection (4) of this
section has previously been secured.
(3) Every owner or operator of a motor
vehicle which is
subject to the provisions of section
423134 SUBSECTION (1)
OF THIS SECTION shall stop
SECURE A VALID CLEARANCE at each port of entry weigh station located
on the route which
THAT the owner or operator would normally follow from the point
of departure to the point of destination for verification of its
previously secured clearance. certificate.
(4) The department of revenue may issue
a special revocable permit to the owner or operator of any vehicle
being operated over a regularly scheduled route waiving the requirement
that the owner or operator seek out and stop
SECURE A VALID CLEARANCE at a port of entry weigh station not
located directly on the route being followed. In order for the
permit to be effective, the vehicle must be operating over a regularly
scheduled route which
THAT has previously been cleared with the department of revenue.
SECTION 9. 428106,
Colorado Revised Statutes, is amended to read:
428106. Issuance of clearance
receipts. All owners and operators
of motor vehicles subject to the payment of fees, licenses, or
taxes imposed by the laws of this state, including foreign vehicles,
which
THAT have not been properly certificated or permitted by the public
utilities commission or which
THAT have not been approved by the department of revenue for monthly
or periodic payment of such fees, licenses, or taxes shall be
issued a clearance certificate
RECEIPT at a port of entry weigh station only after such fees,
licenses, or taxes which
THAT may be due are paid or compliance is had with regulatory
acts. A clearance certificate
RECEIPT issued under this section shall specify the date upon
which issued origin of trip, destination,
routes to be traveled within the state,
and amounts of fees, licenses, or taxes to be paid. Such certificate
RECEIPT shall be valid only for the routes
DATES and trips specified thereon and for the length of time specified
thereon. The executive director of the department of revenue,
through the port of entry weigh stations, may also issue permits
for oversize and overweight commercial hauls pursuant to rules
and regulations governing such hauls established by the department
of transportation. Failure to secure such clearance certificate
RECEIPT shall subject the owner or operator to a penalty of double
the amount of any tax, license, or fee due which
THAT shall be in addition to and distinct from the penalty provided
for in section 428109.
SECTION 10. 431105,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
431105. Powers and duties
of the executive director. (4) THE
EXECUTIVE DIRECTOR SHALL HAVE THE POWER TO SOLICIT BIDS USING
ELECTRONIC ONLINE ACCESS, INCLUDING THE INTERNET, FOR PURPOSES
OF ACQUIRING CONSTRUCTION CONTRACTS FOR PUBLIC PROJECTS AS PROVIDED
IN SECTION 2492103, C.R.S.
SECTION 11. 2492103
(3), Colorado Revised Statutes, is amended to read:
2492103. Construction of
public projects competitive sealed bidding.
(3) Adequate public notice of the invitation for bids
shall be given at least fourteen days prior to the date set forth
therein for the opening of bids, pursuant to rules. Such notice
may include publication BY ELECTRONIC ONLINE ACCESS PURSUANT
TO SECTION 2492104.5 OR in a newspaper of general
circulation at least fourteen days prior to bid opening.
SECTION 12. Article
92 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
2492104.5. Solicitation
of bids by electronic online access department of
transportation. THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION MAY INVITE BIDS USING
ELECTRONIC ONLINE ACCESS, INCLUDING THE INTERNET, FOR PURPOSES
OF ACQUIRING CONSTRUCTION CONTRACTS FOR PUBLIC PROJECTS ON BEHALF
OF THE DEPARTMENT OF TRANSPORTATION.
SECTION 13. 431210
(2), Colorado Revised Statutes, is amended to read:
431210. Acquisition and
disposition of property. (2) The
department of transportation may acquire by purchase, exchange,
or condemnation excess rightofway whenever in the
opinion of the chief engineer public interest, safety, or convenience
will be served by acquiring such excess. In connection with the
construction, maintenance, and supervision of the public highways
of this state, the department of transportation may also acquire
by purchase, exchange, or condemnation strips or parcels of land,
or interests therein, adjacent to federalaid highways necessary
for the restoration, preservation, and enhancement of scenic beauty
and for the development of rest, recreation, and sanitary areas;
but no state funds shall be expended to acquire said strips or
parcels of land, or interests therein, necessary for the restoration,
preservation, and enhancement of scenic beauty and for the development
of rest, recreation, and sanitary areas unless the acquisition
and development of land for such purposes is approved by the secretary
of commerce
TRANSPORTATION to make the state eligible for reimbursement from
federal funds.
SECTION 14. The
introductory portion to 433212.5 (1), Colorado Revised
Statutes, is amended to read:
433212.5. Disposition of
tolls when bonds issued. (1) If
any bonds are issued pursuant to this part 2, any fees, fares,
and tolls to be charged for the use of any turnpike shall be fixed
and adjusted so that the fees, fares, and tolls collected, along
with other revenues, if any, are at least sufficient to pay for,
AS APPLICABLE:
SECTION 15. 433212.6
(1), Colorado Revised Statutes, is amended to read:
433212.6. Disposition of
tolls when bonds not issued. (1) If
bonds are not issued pursuant to this part 2, any fees, fares,
and tolls to be charged for the use of any turnpike shall be fixed
and adjusted so that the fees, fares, and tolls collected, along
with other revenues, if any, are at least sufficient to ensure,
AS APPLICABLE:
(a) Reimbursement or payment to the department
of transportation for all costs relating to or resulting from
the turnpike project, including, but not limited to, costs for
the design, finance, construction, operation, maintenance, improvement,
and reconstruction of the turnpike, and for all works, facilities,
and means necessary or convenient to the full exercise of the
powers granted to the department of transportation under this
part 2;
(b) THE REASONABLE RETURN ON INVESTMENT
OF ANY PRIVATE ENTITY FINANCING THE TURNPIKE PROJECT BY MEANS
OF A PUBLICPRIVATE INITIATIVE PURSUANT TO SECTION 433202.5
AND PART 12 OF ARTICLE 1 OF THIS TITLE.
SECTION 16. 432120
(1), Colorado Revised Statutes, is amended to read:
432120. Annual county reports.
(1) On or before the first
day of May THIRTIETH DAY OF JUNE
of each year, the board of county commissioners of each county
shall cause to be made and filed with the highway operations and
maintenance division a complete report of the expenditures of
all moneys applied to county road systems during the calendar
year ending on the thirtyfirst day of December next preceding.
The highway operations and maintenance division shall prescribe
the form and contents of such report.
SECTION 17. 432132 (1), Colorado Revised Statutes, is amended to read:
432132. Annual municipal
reports. (1) On or before
the first day of May
THIRTIETH DAY OF JUNE of each year, every city, city and county,
and incorporated town shall cause to be made and filed with the
highway operations and maintenance division a complete report
of the expenditures of all moneys applied to city street systems
during the calendar year ending on the thirtyfirst day of
December next preceding. The highway operations and maintenance
division shall prescribe the form and contents of such report.
SECTION 18. 431105
(1), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
431105. Powers and duties
of the executive director. (1) The
executive director shall:
(e) MAINTAIN AND ADMINISTER THE TRANSPORTATION
INFRASTRUCTURE REVOLVING FUND PURSUANT TO THE PROVISIONS OF SECTION
431113.5.
SECTION 19. 431106
(8), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
431106. Transportation
commission powers and duties.
(8) In addition to all other powers and duties imposed
upon it by law, the commission has the following powers and duties:
(s) TO PROMULGATE RULES OR GUIDELINES
FOR THE MAINTENANCE AND ADMINISTRATION OF THE TRANSPORTATION INFRASTRUCTURE
REVOLVING FUND IN ACCORDANCE WITH SECTION 431113.5.
SECTION 20. Part
1 of article 1 of title 43, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
431113.5. Creation and
administration of transportation infrastructure revolving fund.
(1) THERE IS HEREBY CREATED IN THE STATE TREASURY
THE TRANSPORTATION INFRASTRUCTURE REVOLVING FUND, REFERRED TO
IN THIS SECTION AS THE "REVOLVING FUND", WHICH SHALL
BE MAINTAINED AND ADMINISTERED BY THE EXECUTIVE DIRECTOR. THE
REVOLVING FUND SHALL CONSIST OF FEDERAL, STATE, OR PRIVATE GRANTS
AND ALL MONEYS THAT MAY BE TRANSFERRED OR APPROPRIATED THERETO
BY THE GENERAL ASSEMBLY OR THAT MAY OTHERWISE BE MADE AVAILABLE
TO THE FUND PURSUANT TO LAW. ALL INTEREST OR OTHER RETURN ON
THE INVESTMENT OF MONEYS IN THE REVOLVING FUND AND ALL PAYMENTS
OF PRINCIPAL AND INTEREST CREDITED TO THE REVOLVING FUND AS REPAYMENT
OF LOANS AND OTHER FINANCIAL ASSISTANCE PROVIDED FROM THE REVOLVING
FUND PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE REVOLVING
FUND. THE STATE TREASURER SHALL BE AUTHORIZED TO INVEST MONEYS
IN THE REVOLVING FUND IN SUCH MANNER AS ALLOWED BY LAW SO LONG
AS SUCH MONEYS ARE NOT NEEDED FOR THE PURPOSE OF THE REVOLVING
FUND. MONEYS IN THE REVOLVING FUND ARE CONTINUOUSLY APPROPRIATED
TO THE DEPARTMENT FOR THE PURPOSES SET FORTH IN THIS SECTION.
ANY MONEYS CREDITED TO THE REVOLVING FUND SHALL REMAIN IN THE
REVOLVING FUND AND SHALL NOT REVERT TO THE GENERAL FUND AT THE
END OF ANY GIVEN FISCAL YEAR.
(2) THE REVOLVING FUND SHALL INCLUDE A
HIGHWAY ACCOUNT, A TRANSIT ACCOUNT, AN AVIATION ACCOUNT, AND A
RAIL ACCOUNT. THE GENERAL ASSEMBLY SHALL, BY APPROPRIATION, DETERMINE
HOW STATE GENERAL FUND MONEYS IN THE REVOLVING FUND SHALL BE ALLOCATED
TO THE HIGHWAY ACCOUNT.
(3) THE COMMISSION SHALL ADOPT RULES IN
ACCORDANCE WITH THE "STATE ADMINISTRATIVE PROCEDURE ACT"
REGARDING:
(a) THE ELIGIBILITY REQUIREMENTS FOR FINANCIAL
ASSISTANCE FROM THE REVOLVING FUND;
(b) THE DISBURSEMENT OF REVOLVING FUND
MONEYS;
(c) THE INTEREST RATES TO BE CHARGED ON
LOANS MADE FROM THE REVOLVING FUND; AND
(d) THE REPAYMENT OF LOANS MADE FROM THE
REVOLVING FUND.
(4) SUBJECT TO THE PROVISIONS OF SECTION
18 OF ARTICLE X OF THE STATE CONSTITUTION, MONEYS IN THE REVOLVING
FUND MAY BE USED FOR THE FOLLOWING PURPOSES:
(a) TO PROVIDE ASSISTANCE TO PUBLIC AND
PRIVATE ENTITIES FOR THE ACQUISITION, IMPROVEMENT, OR CONSTRUCTION
OF HIGHWAYS, MULTIMODAL TRANSPORTATION, AND INTERMODAL TRANSPORTATION
FACILITIES IN THE STATE. SUCH ASSISTANCE INCLUDES, BUT IS NOT
LIMITED TO, THE MAKING OF LOANS AND OTHER FORMS OF FINANCIAL ASSISTANCE
FOR QUALIFIED PROJECTS.
(b) TO PAY THE COSTS INCURRED BY THE STATE
TREASURER AND THE DEPARTMENT IN THE PERFORMANCE OF DUTIES PURSUANT
TO THIS SECTION; AND
(c) ANY OTHER PURPOSE CONSISTENT WITH
THE PROVISIONS OF THIS SECTION.
(5) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION
(6) OF THIS SECTION, "QUALIFIED PROJECT" MEANS:
(a) ANY PUBLIC OR PRIVATE TRANSPORTATION
PROJECT AS AUTHORIZED BY THE COMMISSION, INCLUDING, BUT NOT LIMITED
TO, PLANNING, ENVIRONMENTAL IMPACT STUDIES, FEASIBILITY STUDIES,
ENGINEERING, CONSTRUCTION, RECONSTRUCTION, RESURFACING, RESTORING,
REHABILITATION, OR REPLACEMENT OF A PUBLIC OR PRIVATE TRANSPORTATION
FACILITY WITHIN THE STATE;
(b) THE ACQUISITION OF REAL OR PERSONAL
PROPERTY, OR INTERESTS THEREIN, FOR A PUBLIC OR PRIVATE TRANSPORTATION
FACILITY WITHIN THE STATE;
(c) ANY HIGHWAY, TRANSIT, AVIATION, RAIL,
OR OTHER TRANSPORTATION PROJECT WITHIN THE STATE THAT IS ELIGIBLE
FOR FINANCING OR FINANCIAL ASSISTANCE UNDER STATE OR FEDERAL LAW;
(d) THE MAINTENANCE, REPAIR, IMPROVEMENT,
OR CONSTRUCTION OF ANY PUBLIC OR PRIVATE HIGHWAY, ROAD, STREET,
PARKWAY, TRANSIT, AVIATION, OR RAIL PROJECT WITHIN THE STATE;
AND
(e) THE ACQUISITION, IMPROVEMENT, OR CONSTRUCTION
OF RIGHTSOFWAY, BRIDGES, TUNNELS, RAILROADHIGHWAY
CROSSINGS, DRAINAGE STRUCTURES, SIGNS, GUARDRAILS, OR PROTECTIVE
STRUCTURES WITHIN THIS STATE.
(6) THE TERM "QUALIFIED PROJECT"
SHALL NOT INCLUDE TRANSPORTATION FACILITIES AND OTHER TRANSPORTATION
PROJECTS THAT ARE RESTRICTED TO PRIVATE USE.
(7) IN ADDITION TO REQUIRING INTEREST
TO BE PAID ON LOANS MADE FROM THE REVOLVING FUND, THE EXECUTIVE
DIRECTOR MAY CHARGE TO AND COLLECT FROM PUBLIC AND PRIVATE ENTITIES
RECEIVING ASSISTANCE FROM THE REVOLVING FUND FEES AND CHARGES
SUFFICIENT TO REIMBURSE THE DEPARTMENT FOR REASONABLE EXPENSES
INCURRED IN PROCESSING AND REVIEWING APPLICATIONS AND IN RECOMMENDING
LOANS AND FINANCIAL ASSISTANCE PURSUANT TO THE PROVISIONS OF THIS
SECTION.
(8) (a) IF A RECIPIENT OF FINANCIAL
ASSISTANCE FROM THE REVOLVING FUND FAILS TO MEET ANY OF THE TERMS
OR CONDITIONS OF THE LOAN OR OTHER FORM OF ASSISTANCE, THE DEPARTMENT
MAY BRING A RIGHT OF ACTION THROUGH THE STATE ATTORNEY GENERAL
PURSUANT TO SECTION 431112 AGAINST SUCH RECIPIENT
IN DISTRICT COURT TO SEEK ANY APPLICABLE LEGAL OR EQUITABLE REMEDY,
INCLUDING REASONABLE ATTORNEYS FEES.
(b) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH
(c) OF THIS SUBSECTION (8), IN ADDITION TO THE REMEDIES PROVIDED
UNDER PARAGRAPH (a) OF THIS SUBSECTION (8), IF THE RECIPIENT IS
A MUNICIPALITY OR COUNTY AND SUCH RECIPIENT DEFAULTS ON THE REPAYMENT
OF ANY LOAN MADE FROM THE REVOLVING FUND, THE DEPARTMENT MAY WITHHOLD
FUNDS THAT IT WOULD OTHERWISE DISBURSE TO THE RECIPIENT. IN NO
EVENT SHALL THE AMOUNT WITHHELD EXCEED THE AMOUNT THAT A RECIPIENT
OWES TO THE REVOLVING FUND. FUNDS WITHHELD FROM A DEFAULTING
RECIPIENT SHALL BE DEPOSITED IN THE ACCOUNT OF THE REVOLVING FUND
FROM WHICH THE RECIPIENT RECEIVED FINANCIAL ASSISTANCE AND CREDITED
TOWARDS THE AMOUNT DUE TO SUCH FUND FROM THE RECIPIENT.
(c) FOR PURPOSES OF PARAGRAPH (b) OF THIS
SUBSECTION (8), THE DEPARTMENT MAY ONLY WITHHOLD FUNDS IT WOULD
OTHERWISE DISBURSE TO A MUNICIPALITY OR COUNTY FROM THE HIGHWAY
USERS TAX FUND IF SUCH MUNICIPALITY OR COUNTY DEFAULTS ON THE
REPAYMENT OF A LOAN MADE FROM THE REVOLVING FUND FOR THE CONSTRUCTION,
MAINTENANCE, OR SUPERVISION OF A PUBLIC HIGHWAY IN THIS STATE.
SECTION 21. 422114,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
422114. License issued
fees. (2.5) THE DEPARTMENT
SHALL CHARGE A FEE FOR ISSUING ANY PROBATIONARY LICENSE. SUCH
FEE SHALL BE SET BY RULE BY THE DEPARTMENT.
SECTION 22. 4241407,
Colorado Revised Statutes, is amended to read:
4241407. Spilling loads
on highways prohibited. (1) No
vehicle shall be driven or moved on any highway unless such vehicle
is constructed or loaded or the load thereof securely covered
to prevent any of its load from dropping, sifting, leaking, or
otherwise escaping therefrom; except that sand may be dropped
for the purpose of securing traction or water or other substance
may be sprinkled on a roadway in cleaning or maintaining such
roadway. Any person who violates any provision of this section
commits a class B traffic infraction.
(2) (a) NO VEHICLE SHALL BE DRIVEN
OR MOVED ON ANY HIGHWAY FOR A DISTANCE OF MORE THAN TWO MILES
IF THE VEHICLE IS TRANSPORTING AGGREGATE MATERIAL, UNLESS THE
VEHICLE IS EQUIPPED WITH REAR FLAPS THAT PROVIDE SUFFICIENT PROTECTION
AGAINST SUCH AGGREGATE MATERIAL FROM SPRAYING ON OTHER VEHICLES.
(b) NOTHING IN THIS SUBSECTION (2) SHALL
APPLY TO SAND DROPPED FOR THE PURPOSE OF SECURING TRACTION OR
WATER OR OTHER SUBSTANCES THAT MAY BE SPRINKLED ON A ROADWAY IN
CLEANING OR MAINTAINING SUCH ROADWAY.
(c) FOR THE PURPOSES OF THIS SUBSECTION
(2), "AGGREGATE MATERIAL" MEANS ANY ROCK, CLAY, SILTS,
GRAVEL, LIMESTONE, DIMENSION STONE, MARBLE, AND SHALE.
SECTION 23. 422119
(1), Colorado Revised Statutes, is amended to read:
422119. Notices
change of address or name. (1) (a) Whenever
any person, after applying for or receiving a driver's license
or motor registration number, moves from the address named in
such application or in the license or registration issued to such
person or when the name of the licensee is changed by marriage
or otherwise, such person shall within ten days thereafter notify
the department in writing of such person's old and new address,
or of such former and new name, and the number of any license
or registration held by such person.
(b) IF A MOTOR VEHICLE IS NEWLY REGISTERED
ON OR AFTER JULY 1, 1999, AND THE PRIMARY BODY COLOR OF THE MOTOR
VEHICLE IS SUBSEQUENTLY CHANGED FROM THE PRIMARY BODY COLOR THAT
IS IDENTIFIED IN THE APPLICATION FOR REGISTRATION FOR THE MOTOR
VEHICLE, THE OWNER OF THE MOTOR VEHICLE SHALL NOTIFY THE DEPARTMENT
IN WRITING WITHIN THIRTY DAYS AFTER THE COLOR OF SUCH MOTOR VEHICLE
IS CHANGED REGARDING THE NEW PRIMARY BODY COLOR OF THE MOTOR VEHICLE.
THE PRIMARY BODY COLOR OF ANY MOTOR VEHICLE SHALL BE IDENTIFIED
USING THE STANDARD COLOR DESCRIPTIONS OF THE DEPARTMENT THAT ARE
ESTABLISHED PURSUANT TO SECTION 423105 (1) (d).
SECTION 24. 4241204,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
4241204. Stopping, standing,
or parking prohibited in specified places.
(8) A POLITICAL SUBDIVISION MAY NOT ADOPT OR ENFORCE
AN ORDINANCE OR REGULATION THAT PROHIBITS THE PARKING OF MORE
THAN ONE MOTORCYCLE WITHIN A SPACE SERVED BY A SINGLE PARKING
METER.
SECTION 25. 423105
(1) (a), Colorado Revised Statutes, is amended, and the said 423105
(1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to
read:
423105. Application for
registration tax. (1) (a) Application
for the registration of a vehicle required to be registered under
this article shall be made by the owner or the owner's agent,
and if applicable, simultaneously with the application for certificate
of title, as required by this section. The application for registration,
which shall be in writing and signed by the owner of such vehicle
or the owner's duly authorized agent, shall include: The name
of the applicant; the name and correct address of the owner determined
pursuant to section 426139, designating the county,
school district, and city or town within the limits of which the
owner resides; a description of the motor vehicle in such form
as shall be required by the department; the purpose for which
the vehicle is used; the notice described in subsection (2) of
this section; and such other pertinent information as may be required
by the department. IN ADDITION, ON OR AFTER JULY 1, 1999, ANY
APPLICATION FOR NEW REGISTRATION OF A VEHICLE SHALL INCLUDE THE
PRIMARY BODY COLOR OF THE MOTOR VEHICLE.
(d) THE DEPARTMENT SHALL ESTABLISH A SET
OF STANDARD COLOR DESCRIPTIONS FOR USE IN IDENTIFYING THE PRIMARY
BODY COLOR OF A MOTOR VEHICLE. ANY APPLICANT APPLYING FOR THE
NEW REGISTRATION OF A MOTOR VEHICLE OR PROVIDING NOTICE OF ANY
CHANGE IN THE PRIMARY BODY COLOR OF A MOTOR VEHICLE SHALL USE
THE STANDARD COLOR DESCRIPTIONS OF THE DEPARTMENT TO IDENTIFY
THE PRIMARY BODY COLOR OF THE MOTOR VEHICLE.
SECTION 26. Appropriation. In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the distributive data processing fund not
otherwise appropriated, to the department of revenue for allocation
to the division of motor vehicles, for the fiscal year beginning
July 1, 1998, the sum of sixtythree thousand five hundred
dollars ($63,500), or so much thereof as may be necessary, for
the implementation of this act.
SECTION 270 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 Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO