First Regular Session
Sixty-second General Assembly
LLS NO. 99-0236.01 Bob Lackner SENATE BILL 99-097
STATE OF COLORADO
BY SENATOR Dyer
TRANSPORTATION
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING PRORATED REGISTRATION FOR SPECIAL MOBILE MACHINERY.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Authorizes special mobile machinery owners to obtain prorated
registration for such special mobile machinery. The fee for such
registration is based upon the annual registration fee for such special
mobile machinery that would otherwise be imposed prorated for the
number of months the special mobile machinery will be in service in
Colorado. Applications for such registrations are to be made to the
authorized agent for the county in which the special mobile machinery
will be in use.
Provides that this registration shall be valid only for a period of not
less than 2 months nor more than 11 months during any 12-month period.
Such period shall be based upon the number of months the special mobile
machinery will be used in Colorado.
Sets a special fee for processing such registrations at $35 and
provides for distribution of the fee.
Subjects any person who commits fraud in connection with an
application for prorated special mobile machinery registration to the
existing penalties for fraud in registration applications. Clarifies that a
special mobile machinery owner who operates such special mobile
machinery after the expiration of the period for which the registration was
issued is subject to a civil penalty of $500.
Defines terms.
1 Be it enacted by the General Assembly of the State of Colorado:
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 SECTION 1. Article 3 of title 42, Colorado Revised Statutes, is
2 amended BY THE ADDITION OF A NEW SECTION to read:
3 42-3-135.5. Prorated special mobile machinery registration -
4 definitions - fees - penalties. (1) FOR PURPOSES OF THIS SECTION,
5 UNLESS THE CONTEXT OTHERWISE REQUIRES:
6 (a) "OWNER" SHALL MEAN AN OWNER, AS DEFINED IN SECTION
7 42-1-102 (66), THAT OWNS AN ITEM OF SPECIAL MOBILE MACHINERY. THE
8 TERM SHALL INCLUDE ANY PERSON AUTHORIZED TO ACT ON THE OWNER'S
9 BEHALF.
10 (b) "PRORATED REGISTRATION" SHALL MEAN THE PRORATED
11 SPECIAL MOBILE MACHINERY REGISTRATION ISSUED PURSUANT TO THIS
12 SECTION.
13 (c) "SPECIAL MOBILE MACHINERY" SHALL MEAN EVERY ITEM OF
14 CLASS F PERSONAL PROPERTY DESCRIBED IN SECTION 42-3-106 (1) (e)
15 THAT IS REQUIRED TO BE REGISTERED UNDER THE PROVISIONS OF SECTION
16 42-3-103.
17 (2) IN LIEU OF REGISTRATION PURSUANT TO SECTION 42-3-103, AN
18 OWNER MAY APPLY FOR PRORATED REGISTRATION IN ACCORDANCE WITH
19 THE REQUIREMENTS OF THIS SECTION.
20 (3) TO BE ELIGIBLE FOR PRORATED REGISTRATION UNDER THE
21 PROVISIONS OF THIS SECTION, AN OWNER SHALL HAVE ENTERED INTO A
22 CONTRACT TO PERFORM A SERVICE IN COLORADO REQUIRING USE OF THE
23 SPECIAL MOBILE MACHINERY FOR WHICH REGISTRATION UNDER EITHER
24 THIS SECTION OR SECTION 42-3-103 IS REQUIRED. THE OWNER'S USE OF
25 THE SPECIAL MOBILE MACHINERY IN COLORADO SHALL BE FOR A PERIOD
26 OF NOT LESS THAN TWO MONTHS NOR MORE THAN ELEVEN MONTHS IN ANY
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1 TWELVE-MONTH PERIOD. THE TERMS OF THE OWNER'S SERVICE IN THIS
2 STATE SHALL BE EVIDENCED BY MEANS OF A CONTRACT SIGNED BY THE
3 OWNER, ACCOMPANIED BY SUFFICIENT DOCUMENTATION AS TO
4 SUBSTANTIATE ITS VALIDITY, OR EVIDENCED BY THE FACT THAT SUCH
5 OWNER IS AN ESTABLISHED BUSINESS IN COLORADO AS EVIDENCED BY
6 REGISTRATION WITH THE COLORADO SECRETARY OF STATE AS REQUIRED
7 BY LAW.
8 (4) (a) ANY OWNER THAT DESIRES PRORATED REGISTRATION SHALL
9 APPLY FOR SAID REGISTRATION NO LATER THAN TEN DAYS AFTER SAID
10 OWNER'S ARRIVAL IN COLORADO TO COMMENCE PERFORMANCE OF THE
11 SERVICE REQUIRING USE OF THE SPECIAL MOBILE MACHINERY FOR WHICH
12 REGISTRATION UNDER EITHER THIS SECTION OR 42-3-103 IS REQUIRED. TO
13 OBTAIN PRORATED REGISTRATION, THE OWNER SHALL SUBMIT AN
14 APPLICATION TO THE AUTHORIZED AGENT FOR THE COUNTY IN WHICH THE
15 SPECIAL MOBILE MACHINERY IS TO BE USED. TO OBTAIN SUCH
16 REGISTRATION, THE OWNER MUST PROVIDE PROOF OF THE TERMS OF
17 SERVICE THAT SATISFIES THE REQUIREMENTS OF SUBSECTION (3) OF THIS
18 SECTION.
19 (b) WHEN SATISFIED AS TO THE GENUINENESS AND REGULARITY OF
20 THE APPLICATION SUBMITTED, THE AUTHORIZED AGENT THAT PROCESSED
21 SAID APPLICATION SHALL ISSUE THE APPLICANT PRORATED REGISTRATION,
22 AS PROVIDED IN SECTION 42-3-124 (3) (d). ANY SPECIAL MOBILE
23 MACHINERY REGISTERED UNDER THE PROVISIONS OF THIS SECTION SHALL
24 DISPLAY SUCH LICENSE PLATE OR DECAL PURSUANT TO THE REQUIREMENTS
25 OF SECTION 42-3-123 (2).
26 (c) EACH PRORATED REGISTRATION SHALL BE VALID FOR A PERIOD
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1 OF NOT LESS THAN TWO MONTHS NOR MORE THAN ELEVEN MONTHS FOR
2 ANY TWELVE-MONTH PERIOD, AND THE PERIOD FOR WHICH THE PRORATED
3 REGISTRATION SHALL BE ISSUED SHALL BE EQUIVALENT TO THE PERIOD
4 DURING WHICH THE OWNER IS EXPECTED TO USE THE SPECIAL MOBILE
5 MACHINERY IN COLORADO AS INDICATED BY THE DOCUMENTATION
6 SUBMITTED FOR PURPOSES OF THIS SECTION.
7 (d) PRORATED REGISTRATION MAY NOT BE TRANSFERRED TO
8 ANOTHER ITEM OF SPECIAL MOBILE MACHINERY.
9 (5) (a) TO BE ISSUED PRORATED REGISTRATION PURSUANT TO THIS
10 SECTION, AN OWNER SHALL PAY AN AMOUNT EQUAL TO THE REGISTRATION
11 FEE WHICH WOULD OTHERWISE BE IMPOSED FOR THE SPECIAL MOBILE
12 MACHINERY FOR WHICH THE REGISTRATION IS SOUGHT PURSUANT TO
13 SECTION 42-3-134 (13) (a), (13) (b), (22) (a) (I), AND (22) (a) (II)
14 PRORATED BY THE NUMBER OF MONTHS FOR WHICH THE PRORATED
15 REGISTRATION SHALL BE ISSUED.
16 (b) IN ADDITION TO PAYMENT OF THE PRORATED REGISTRATION FEE
17 PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (5), AN OWNER WHO
18 APPLIES FOR PRORATED REGISTRATION UNDER THIS SECTION SHALL ALSO
19 PAY A FEE OF THIRTY-FIVE DOLLARS FOR PROCESSING SUCH APPLICATION
20 REGARDLESS OF THE NUMBER OF MONTHS FOR WHICH SUCH REGISTRATION
21 IS ISSUED. TWENTY-SEVEN DOLLARS OF SUCH FEE SHALL BE RETAINED BY
22 THE COUNTY THAT PROCESSED THE APPLICATION TO DEFRAY PROCESSING
23 EXPENSES. EIGHT DOLLARS OF SUCH FEE SHALL BE TRANSMITTED TO THE
24 STATE TREASURER, WHO SHALL CREDIT SEVEN DOLLARS OF THAT AMOUNT
25 TO THE HIGHWAY USERS TAX FUND CREATED IN SECTION 43-4-201, C.R.S.,
26 AND THE REMAINING ONE DOLLAR SHALL BE CREDITED TO THE SPECIAL
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1 PURPOSE ACCOUNT IN THE HIGHWAY USERS TAX FUND CREATED IN SECTION
2 42-1-211 TO SUPPORT THE DISTRIBUTIVE DATA PROCESSING SYSTEM
3 CREATED UNDER THAT SECTION.
4 (6) (a) ANY PERSON WHO COMMITS A FRAUD IN AN APPLICATION
5 MADE UNDER THIS SECTION IS SUBJECT TO THE PENALTIES IMPOSED FOR
6 VIOLATION OF SECTION 42-3-133 (1) (e). SUCH PERSON CONTINUES TO BE
7 LIABLE FOR ANY UNPAID REGISTRATION FEES, SPECIFIC OWNERSHIP TAXES,
8 OR OTHER TAXES AND FEES CONNECTED WITH THE REGISTRATION OF A
9 MOTOR VEHICLE THAT ARE OWED BY SUCH PERSON.
10 (b) NO OWNER MAY OPERATE SPECIAL MOBILE MACHINERY WITH
11 A REGISTRATION AFTER THE EXPIRATION OF THE PERIOD FOR WHICH THE
12 REGISTRATION WAS ISSUED. ANY PERSON WHO VIOLATES THE PROVISIONS
13 OF THIS PARAGRAPH (b) SHALL BE SUBJECT TO, IN ADDITION TO ANY OTHER
14 APPLICABLE PENALTY, A CIVIL PENALTY OF FIVE HUNDRED DOLLARS. SUCH
15 PENALTY SHALL BE LEVIED BY ANY PEACE OFFICER, AS DEFINED IN SECTION
16 18-1-901 (1) (l), C.R.S., AND PAYMENT OF THE PENALTY SHALL BE
17 DISTRIBUTED IN ACCORDANCE WITH SECTION 42-6-139, SUBJECT TO
18 JUDICIAL REVIEW PURSUANT TO RULE 106 (a) (4) OF THE COLORADO RULES
19 OF CIVIL PROCEDURE.
20 SECTION 2. 42-1-210 (1), Colorado Revised Statutes, is
21 amended to read:
22 42-1-210. County clerk and recorders and manager of revenue
23 as agents - legislative declaration - fee. (1) (a) The county clerk and
24 recorder in each county in the state of Colorado, and in the city and
25 county of Denver the manager of revenue, is hereby designated as the
26 authorized agent of the department for the administration of the
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1 provisions of articles 3 and 6 of this title relating to registrations of motor
2 vehicles in such county; and for the enforcement of the provisions of
3 section 42-6-139 relating to the registering and titling of motor vehicles
4 in such county; and for the enforcement of the provisions of section
5 38-29-120, C.R.S., relating to the titling of manufactured homes; but any
6 such authorized agent in a county has the power to appoint and employ
7 such motor vehicle registration and license clerks as are actually
8 necessary in the issuance of motor vehicle licenses and shall retain for the
9 purpose of defraying such expenses, including mailing, a sum equal to
10 two dollars per paid motor vehicle registration and registration requiring
11 a metallic plate, plates, or validation tab or sticker as provided in section
12 42-3-113. This fee of two dollars shall apply to every registration of a
13 motor vehicle that is designed primarily to be operated or drawn on any
14 highway of this state, except such vehicles as are specifically exempted
15 from payment of any registration fee by the provisions of article 3 of this
16 title, and shall be in addition to the annual registration fee prescribed by
17 law for such vehicle. Such fee of two dollars, when collected by the
18 department, shall be credited to the same fund as registration fees
19 collected by the department. The county clerk and recorders and the
20 manager of revenue in the city and county of Denver so designated as the
21 authorized agents of the department, as provided in this section, shall
22 serve as such authorized agents under the provisions of this part 2 without
23 additional remuneration or fees, except as otherwise provided in articles
24 1 to 6 of this title.
25 (b) The fee established by paragraph (a) of this subsection (1)
26 does not apply to an extended temporary motor vehicle registration
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1 pursuant to section 42-3-103.5.
2 (c) THE FEE ESTABLISHED BY PARAGRAPH (a) OF THIS SUBSECTION
3 (1) DOES NOT APPLY TO ANY PRORATED REGISTRATION OF SPECIAL MOBILE
4 MACHINERY PURSUANT TO SECTION 42-3-135.5.
5 SECTION 3. 42-3-124 (3), Colorado Revised Statutes, is
6 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
7 42-3-124. Expiration - temporary, new, and old plates -
8 reflectorized plates - repeal. (3) (d) THE AUTHORIZED AGENT IS
9 AUTHORIZED TO ISSUE PRORATED SPECIAL MOBILE MACHINERY
10 REGISTRATION PURSUANT TO THE REQUIREMENTS OF SECTION 42-3-135.5
11 UPON THE FILING OF AN APPLICATION BY ANY OWNER OF SPECIAL MOBILE
12 MACHINERY AS DEFINED IN SECTION 42-3-135.5 (1) (c) AND THE PAYMENT
13 OF THE REQUIRED REGISTRATION AND PROCESSING FEES.
14 SECTION 4. Effective date. This act shall take effect July 1,
15 1999.
16 SECTION 5. Safety clause. The general assembly hereby finds,
17 determines, and declares that this act is necessary for the|~ immediate
|~ 18 preservation of the public peace, health, and safety.