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Second Regular Session
Sixty-first General Assembly
LLS NO. 980358.01 MKH
HOUSE BILL 981070
STATE OF COLORADO
BY REPRESENTATIVE Taylor;
also SENATOR Wattenberg.
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
CONCERNING EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Authorizes owners of camper trailers, motor homes, and motor vehicles weighing less than 6,500 pounds who are employed in Colorado for no more than 180 days or who reside in Colorado for no more than 180 days to obtain extended temporary motor vehicle registrations. Provides that an extended temporary motor vehicle registration permit shall be valid only for 180 days in any 12month period. Prohibits the transfer of such registration to another motor vehicle. Requires the department to issue extended temporary motor vehicle registration permits in a different color than regular temporary number plates, tags, or certificates. Clarifies that a motor vehicle owner who does not apply for an extended temporary motor vehicle registration and who is otherwise required to register in Colorado but who fails to do so is subject to penalties for failing to register such vehicle. Requires the department of revenue to record extended temporary motor vehicle registrations and applications of motor vehicle owners in a suitable database.
Sets the fee for extended temporary motor vehicle registration at $35, with the authorized agent of the department of revenue retaining $5 of such fee to defray expenses if the authorized agent issues the registration, and requires the department to use $1 of such fee to support the distributive data processing system. Requires that a motor vehicle have valid registration in another state in order to obtain extended temporary motor vehicle registration in Colorado. Requires a motor vehicle owner who has obtained an extended temporary motor vehicle registration permit to comply with the motor vehicle insurance laws of the state in which the motor vehicle is permanently registered. Provides that a motor vehicle owner who has obtained an extended temporary motor vehicle registration permit is not required to obtain a driver's license in Colorado during the period of such registration if such owner has a valid driver's license from the state in which such owner is a permanent resident.
Subjects any person who commits fraud in connection with an application for extended temporary motor vehicle registration to the existing penalties for fraud in registration applications. Prohibits any person from operating a motor vehicle with an extended temporary motor vehicle registration plate, certificate, or permit that is expired and imposes a $100 fine for violating such prohibition.
Makes an appropriation for the implementation of
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 3 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:
423103.5. Extended temporary motor vehicle registration fees violations. (1) IN LIEU OF REGISTRATION PURSUANT TO SECTION 423103, A MOTOR VEHICLE OWNER MAY APPLY FOR EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION. FOR PURPOSES OF THIS SECTION, "MOTOR VEHICLE" INCLUDES ANY CAMPER TRAILER, MOTOR HOME, AND ANY MOTOR VEHICLE WEIGHING LESS THAN SIX THOUSAND FIVE HUNDRED POUNDS, BUT DOES NOT INCLUDE MOBILE MACHINERY. SUCH APPLICATION SHALL BE MADE WITHIN:
(a) THIRTY DAYS AFTER THE MOTOR VEHICLE OWNER ARRIVES IN COLORADO; OR
(b) THIRTY DAYS AFTER PURCHASING A MOTOR VEHICLE, IF SUCH PURCHASE IS MADE AFTER THE MOTOR VEHICLE OWNER ARRIVES IN COLORADO.
(2) THE FOLLOWING PERSONS ARE ELIGIBLE FOR EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION UNDER THE PROVISIONS OF THIS SECTION:
(a) A PERSON WHO IS GAINFULLY EMPLOYED IN THIS STATE FOR NO MORE THAN ONE HUNDRED EIGHTY DAYS IN ANY TWELVEMONTH PERIOD AND WHO DOES NOT OWN OR OPERATE A BUSINESS IN THIS STATE; OR
(b) A PERSON WHO RESIDES IN THIS STATE FOR NO MORE THAN ONE HUNDRED EIGHTY DAYS IN ANY TWELVEMONTH PERIOD AND WHO IS NOT GAINFULLY EMPLOYED IN THIS STATE AND DOES NOT OWN OR OPERATE A BUSINESS IN THIS STATE.
(3) (a) (I) ANY MOTOR VEHICLE OWNER MAY APPLY FOR A ONEHUNDREDEIGHTYDAY EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION. NO MOTOR VEHICLE MAY BE REGISTERED UNDER THE PROVISIONS OF THIS SECTION FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN ANY TWELVEMONTH PERIOD, AND NO MORE THAN ONE EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION MAY BE ISSUED FOR ANY MOTOR VEHICLE IN ANY TWELVEMONTH PERIOD.
(II) IF THE MOTOR VEHICLE REGISTERED UNDER THE PROVISIONS OF THIS SECTION REACHES THE MAXIMUM PERIOD FOR EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION IN A TWELVEMONTH PERIOD, THE MOTOR VEHICLE OWNER IS THEN REQUIRED TO REGISTER THE MOTOR VEHICLE PURSUANT TO SECTION 423103 IN ORDER TO CONTINUE TO OPERATE SUCH MOTOR VEHICLE WITHIN THIS STATE. IF THE MOTOR VEHICLE OWNER APPLIES TO REGISTER SUCH MOTOR VEHICLE PURSUANT TO SECTION 423103 WITHIN SIX MONTHS AFTER THE EXPIRATION OF AN EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION OF SUCH MOTOR VEHICLE UNDER THE PROVISIONS OF THIS SECTION, THE MOTOR VEHICLE OWNER IS REQUIRED TO PAY A PRORATED AMOUNT OF THE SPECIFIC OWNERSHIP TAXES PURSUANT TO SECTION 423107 FOR THE TIME THAT THE MOTOR VEHICLE WAS UNDER EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION. SUCH PRORATED SPECIFIC OWNERSHIP TAXES ARE IN ADDITION TO THE PAYMENT OF ALL NORMALLY APPLICABLE TAXES AND FEES FOR MOTOR VEHICLE REGISTRATION.
(b) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A MOTOR VEHICLE OWNER IS ELIGIBLE FOR EXTENDED TEMPORARY REGISTRATION ONLY IF THE MOTOR VEHICLE IS VALIDLY REGISTERED IN ANOTHER STATE AT THE TIME THE APPLICATION FOR SUCH REGISTRATION IS MADE. AN EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION PERMIT SHALL NOT BE ISSUED FOR A PERIOD EXCEEDING THE DATE THAT A MOTOR VEHICLE OWNER'S REGISTRATION EXPIRES IN ANOTHER STATE. IF A MOTOR VEHICLE OWNER RENEWS HIS OR HER MOTOR VEHICLE REGISTRATION IN ANOTHER STATE, THE MOTOR VEHICLE OWNER MAY APPLY FOR A CONTINUATION OR RENEWAL OF HIS OR HER TEMPORARY MOTOR VEHICLE REGISTRATION IN THIS STATE. A MOTOR VEHICLE OWNER WHO CONTINUES OR RENEWS AN EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION PERMIT PURSUANT TO THIS PARAGRAPH (b) SHALL REMAIN SUBJECT TO THE LIMITATIONS SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH (a) OF THIS SUBSECTION (3).
(c) AN EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION PERMIT MAY NOT BE TRANSFERRED TO ANOTHER MOTOR VEHICLE.
(4) THE FEE FOR AN EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION PERMIT IS THIRTYFIVE DOLLARS FOR THE ONEHUNDREDEIGHTYDAY REGISTRATION PERIOD. TWENTYNINE DOLLARS OF SUCH FEE SHALL BE DISTRIBUTED IN THE SAME MANNER AS SPECIFIC OWNERSHIP TAX. IF A MOTOR VEHICLE OWNER OBTAINS AN EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION PERMIT THROUGH AN AUTHORIZED AGENT OF THE DEPARTMENT AS PROVIDED IN SECTION 421210, THE AUTHORIZED AGENT SHALL RETAIN FIVE DOLLARS OF SUCH FEE TO DEFRAY EXPENSES. THE DEPARTMENT SHALL USE AT LEAST ONE DOLLAR OF EACH EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION PERMIT FEE TO SUPPORT THE DISTRIBUTIVE DATA PROCESSING SYSTEM CREATED UNDER SECTION 421211 FOR PURPOSES OF MAINTAINING THE DATABASE REQUIRED UNDER SECTION 423103.7.
(5) A MOTOR VEHICLE OWNER WHO HAS OBTAINED AN EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION PERMIT FOR A MOTOR VEHICLE IS NOT REQUIRED TO OBTAIN A DRIVER'S LICENSE IN COLORADO IF SUCH OWNER HAS A VALID DRIVER'S LICENSE ISSUED BY THE STATE IN WHICH SUCH OWNER IS A PERMANENT RESIDENT.
(6) THE DEPARTMENT SHALL PROVIDE REGISTRATION PERMITS FOR EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATIONS. ANY MOTOR VEHICLE REGISTERED UNDER THE PROVISIONS OF THIS SECTION SHALL DISPLAY SUCH PERMIT PURSUANT TO THE REQUIREMENTS OF SECTION 423123 (2).
(7) (a) ANY PERSON WHO COMMITS A FRAUD IN AN APPLICATION UNDER THIS SECTION IS SUBJECT TO THE PENALTIES IMPOSED FOR VIOLATION OF SECTION 423133 (1) (e). SUCH PERSON CONTINUES TO BE LIABLE FOR ANY UNPAID REGISTRATION FEES, SPECIFIC OWNERSHIP TAXES, OR OTHER TAXES AND FEES CONNECTED WITH THE REGISTRATION OF A MOTOR VEHICLE THAT IS OWED BY SUCH PERSON.
(b) NO PERSON MAY OPERATE A MOTOR VEHICLE WITH AN EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION PERMIT AFTER THE EXPIRATION OF THE PERIOD FOR WHICH THE PERMIT WAS ISSUED. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS PARAGRAPH (b) SHALL BE SUBJECT TO THE PENALTY PROVISIONS IN SECTION 423103 (4) (a).
(8) ANY PERSON WHO FAILS TO MAKE A TIMELY APPLICATION FOR EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION AND WHO IS OTHERWISE REQUIRED TO REGISTER PURSUANT TO SECTION 423103 SHALL BE SUBJECT TO THE PENALTY PROVISIONS IN SECTION 423103 (4) (a).
(9) THIS SECTION IS REPEALED EFFECTIVE JULY 1, 2001.
423103.7. Records of application and extended temporary motor vehicle registration. THE DEPARTMENT SHALL FILE EACH APPLICATION FOR EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION RECEIVED AND, WHEN SATISFIED AS TO THE GENUINENESS AND REGULARITY THEREOF AND THAT THE APPLICANT IS ENTITLED THERETO, SHALL REGISTER THE MOTOR VEHICLE THEREIN DESCRIBED AND THE OWNER THEREOF IN THE STATEWIDE DISTRIBUTIVE DATA PROCESSING SYSTEM PROVIDED UNDER SECTION 421211. SUCH RECORD SHALL BE ENTERED ALPHABETICALLY UNDER THE NAME OF THE OWNER AND NUMERICALLY AND ALPHABETICALLY UNDER THE IDENTIFICATION NUMBER AND NAME OF THE VEHICLE.
(2) THIS SECTION IS REPEALED EFFECTIVE JULY 1, 2001.
SECTION 2. 421210 (1), Colorado Revised Statutes, is amended to read:
421210. County clerk and recorders and manager of revenue as agents legislative declaration fee. (1) (a) The county clerk and recorder in each county in the state of Colorado, and in the city and county of Denver the manager of revenue, is hereby designated as the authorized agent of the department for the administration of the provisions of articles 3 and 6 of this title relating to registrations of motor vehicles in such county; and for the enforcement of the provisions of section 426139 relating to the registering and titling of motor vehicles in such county; and for the enforcement of the provisions of section 3829120, C.R.S., relating to the titling of manufactured homes; but any such authorized agent in a county has the power to appoint and employ such motor vehicle registration and license clerks as are actually necessary in the issuance of motor vehicle licenses and shall retain for the purpose of defraying such expenses, including mailing, a sum equal to one dollar per paid motor vehicle registration and registration requiring a metallic plate, plates, or validation tab or sticker as provided in section 423113. This fee of one dollar shall apply to every registration of a motor vehicle which is designed primarily to be operated or drawn on any highway of this state, except such vehicles as are specifically exempted from payment of any registration fee by the provisions of article 3 of this title, and shall be in addition to the annual registration fee prescribed by law for such vehicle. Such fee of one dollar, when collected by the department, shall be credited to the same fund as registration fees collected by the department. The county clerk and recorders and the manager of revenue in the city and county of Denver so designated as the authorized agents of the department, as provided in this section, shall serve as such authorized agents under the provisions of this part 2 without additional remuneration or fees, except as otherwise provided in articles 1 to 6 of this title.
(b) THE FEE ESTABLISHED BY PARAGRAPH (a) OF THIS SUBSECTION (1) DOES NOT APPLY TO AN EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION PURSUANT TO SECTION 423103.5.
SECTION 3. 423124 (3), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
423124. Expiration temporary, new, and old plates reflectorized plates. (3) (c) THE DEPARTMENT IS AUTHORIZED TO ISSUE INDIVIDUAL EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION PERMITS PURSUANT TO THE REQUIREMENTS OF SECTION 423103.5 UPON THE FILING OF AN APPLICATION BY ANY OWNER AND THE PAYMENT OF THE REQUIRED REGISTRATION FEE. EXTENDED TEMPORARY MOTOR VEHICLE REGISTRATION PERMITS SHALL BE ISSUED IN A DIFFERENT COLOR THAN REGULAR TEMPORARY REGISTRATION NUMBER PLATES, TAGS, OR CERTIFICATES ISSUED PURSUANT TO PARAGRAPHS (a) AND (b) OF THIS SUBSECTION (3). SUCH PERMITS SHALL BE COLOR CODED IN SUCH A MANNER AS TO DISTINGUISH THE MONTH THE PERMIT EXPIRES. THIS PARAGRAPH (c) IS REPEALED EFFECTIVE JULY 1, 2001.
SECTION 4. 4241701 (4) (a) (I) (B), Colorado Revised Statutes, 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:
Section Violated Penalty Surcharge
(B) Registration and taxation violations:
$ 50.00 $ 6.00
423103 50.00 6.00
423103.5 (7)(b) 100.00 12.00
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),
and (1)(h) 75.00 9.00
423134 50.00 6.00
SECTION 5. 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 6. 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.