Motor Vehicles And Traffic Regulation - Digest of Bills

Digest of Bills - 1997

MOTOR VEHICLES AND TRAFFIC REGULATION

S.B. 97-3 Motor vehicle taxes and fees - trucks and truck tractors - payment in installments. Allows owners of trucks and truck tractors operating interstate or intrastate to apply to pay annual registration fees and specific ownership taxes for such vehicles in installments. Directs the department of revenue to approve an application to pay the fees and taxes for a fleet or fleets of vehicles in installments if:

The total amount of the annual registration fees and specific ownership taxes for the fleet or fleets equals $1000 or more;
The owner pays 1/3 of the total amount due for the registration fees and specific ownership taxes with the application;
The owner does not owe any past due registration fees or specific ownership taxes or any penalties for nonpayment;
The owner has not been denied the privilege of making installments because of prior nonpayment of installments; and
The owner has obtained a performance bond, bank letter of credit, or certificate of deposit in an amount equal to at least the amount of the registration fees and specific ownership taxes that are to be paid in installments.

Provides that tax and fee installments are due on the 1st day of the 5th month of the registration period and the 1st day of the 9th month of the registration period. Provides that the full amount of the taxes and fees owed for the year for the fleet or fleets of vehicles is due immediately if an installment is not paid on time.

Authorizes the department of revenue to deny a motor vehicle owner the privilege of paying in installments if the owner fails to pay any installment for a motor vehicle within 30 days after the installment was due. Authorizes the department to promulgate regulations to implement the installment payment process.

APPROVED by Governor June 3, 1997
EFFECTIVE January 1, 1998

S.B. 97-35 Registration - collector's items. Limits the criteria for registration of a motor vehicle as a collector's item to a requirement that the motor vehicle be at least 25 years old.

APPROVED by Governor April 19, 1997
EFFECTIVE July 1, 1997

S.B. 97-36 Automated vehicle identification systems - service of process - reports of convictions and outstanding judgments or warrants - assessment of points - penalties. Declares that the use of automated vehicle identification systems ("photo-radar") to enforce traffic laws is a matter of statewide concern. Authorizes the state, a county, or a municipality to use automated vehicle identification systems to detect state or municipal traffic violations with the following limitations:

Allows a municipality to establish jurisdiction over a defendant only if the defendant is served with the penalty assessment notice or summons and complaint pursuant to specified procedures. Allows the state or a county to establish jurisdiction over a defendant only if the defendant is personally served with the penalty assessment notice or summons and complaint. Allows the state, a county, or a municipality to mail a written notice of violation to a defendant and permits a defendant to waive service of process.
Requires a defendant to be served with a penalty assessment notice or summons and complaint within 90 days after the alleged violation occurred.
Prohibits the state, a county, or a municipality from making a report to the department of revenue regarding any conviction or entry of judgment or regarding any outstanding judgment or warrant if the violation was detected through the use of an automated vehicle identification system.

Prohibits the department of revenue from assessing any points against a person's driver's license because of a state or municipal traffic violation and from maintaining any record of such a violation if the violation was detected using an automated vehicle identification system.

Limits the penalty that the state, a county, or a municipality may impose for a state or municipal traffic violation detected using an automated vehicle identification system as follows:

1st offense of speeding less than 10 miles per hour above the reasonable and prudent speed: No penalty may be imposed. Requires the state, county, or municipality to mail a warning to the driver.
2nd or subsequent offense of speeding less than 10 miles per hour above the reasonable and prudent speed or any other 1st offense: Maximum penalty, including any surcharge, is $40.

Prohibits the state, a county, or a municipality that has established an automated vehicle identification system for the enforcement of municipal traffic regulations or state traffic laws from paying any portion of any fine collected through the use of such system to the system manufacturer or vendor. Requires any compensation paid for such equipment to be based upon the value of such system and not on the number of traffic citations issued or the amount of revenue generated by the equipment.

APPROVED by Governor June 5, 1997
EFFECTIVE June 5, 1997

S.B. 97-38 Electric motor vehicles - use of neighborhood electric vehicles. Defines neighborhood electric vehicles and categorizes neighborhood electric vehicles as motor vehicles for purposes of Colorado law. Exempts neighborhood electric vehicles from meeting the requirement that motor vehicles be equipped with tail lamps, multiple-beam headlights, side mirrors, and slow moving vehicle emblems.

Prohibits the operation of neighborhood electric vehicles unless authorized and regulated by a local government and before the posting of necessary traffic control devices and signs. Prohibits local governments from registering or licensing such vehicles and from authorizing operation of such vehicles on limited access highways. Provides that any person operating such vehicles on limited access highways commits a class B traffic infraction. Prohibits the department of revenue from registering or titling neighborhood electric vehicles until the federal department of transportation has adopted a federal motor vehicle safety standard for such vehicles.

Exempts electric motor vehicles from the requirement that motor vehicles be equipped with mufflers.

APPROVED by Governor April 21, 1997
EFFECTIVE August 6, 1997
NOTE: This act was passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day 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; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, 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.

S.B. 97-58 Ready-mix concrete truck operators - maximum hours of service. Prohibits intrastate ready-mix concrete truck operators from driving for any period after having been on duty for 70 hours during 7 consecutive days if the employing motor carrier does not operate every day of the week or 80 hours during 8 consecutive days if the employing motor carrier operates every day of the week. Specifies that 24 consecutive hours off duty shall constitute the end of any 7 or 8 consecutive-day period.

States that commercial motor vehicles that transport hazardous materials are subject to federal hour-of-service limitations.

APPROVED by Governor April 8, 1997
EFFECTIVE April 8, 1997

S.B. 97-88 Motor vehicle insurance - operator's policy. Allows any natural person to purchase an operator's policy of liability insurance for purposes of complying with mandatory motor vehicle insurance laws. Requires such policies to include a statement that the insurer is only liable for liability incurred while the named insured is the operator of a motor vehicle, that the policy does not provide coverage for vicarious liability, and that the policy may not meet requirements imposed by other states. Requires the insured to sign a statement that the insured has read and understood the policy and its limitations.

In the absence of other coverage on the motor vehicle, forbids a motor vehicle owner who holds an operator's policy from allowing another person to operate the owner's motor vehicle. Allows such policies to provide coverage when a vehicle is driven in other jurisdictions. Requires such policies to cover liability incurred while the motor vehicle is not operated by any person. Specifies that operator policies are not available to motor vehicle dealers, lessors, manufacturers, rebuilders, or distributors, or fleet owners, common and contract carriers, or individuals who own motor vehicles for use by employees.

APPROVED by Governor April 19, 1997
EFFECTIVE August 6, 1997
NOTE: This act was passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day 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; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, 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.

S.B. 97-89 Collectors' trucks and truck tractors - registration fee - penalties. Clarifies that trucks and truck tractors may be registered as collectors' items. Establishes $65 as the annual registration fee for a truck or truck tractor that has an empty weight of 6,001 pounds or more or a declared gross vehicle weight of 16,001 pounds or more that is a collectors' item if it is used only for noncommercial transportation and only driven to collectors' meets, parades, or exhibition tours.

Creates penalties for the commercial use of a truck or truck tractor registered as a collector's item or driven for purposes other than to collector's meets, parades, or exhibition tours.

APPROVED by Governor May 27, 1997
EFFECTIVE January 1, 1998

S.B. 97-135 Abandoned motor vehicles - collection and storage. Gives auto parts recyclers the same ability as towing carriers with regard to the collection and storage of abandoned motor vehicles. Defines "auto parts recycler". Specifies that auto parts recyclers need not have a license from the public utilities commission to engage in those functions.

APPROVED by Governor April 24, 1997
EFFECTIVE April 24, 1997

S.B. 97-198 Registration - full-use dealer license plates - annual fee. Requires the annual fee for motorcycles to be calculated by the department based on the average of specific ownership taxes and registration fees paid for motorcycles that are seven model years old or newer. Requires the annual fee for full use dealer plates and full use dealer plates for motorcycles to be pro-rated on a monthly instead of annual basis.

H.B. 97-1003 Conduct related to motor vehicles - insufficient funds checks - ignition interlock systems - timely payment of fines - personal service of notices - speeding in construction zones - school bus requirements - financial responsibility requirements for underage alcohol violations. Directs the department of revenue to deny issuance or renewal of a driver's license if the applicant issued a check or order to pay a penalty assessment, a driver's license fee, a license reinstatement fee, or a motor vehicle record fee and such check

or order was returned for insufficient funds or a closed account and the check or order remains unpaid. Makes the $30 administrative processing fee for outstanding judgments or warrants also applicable to returned checks. Provides that administrative processing fees collected by the department of revenue are retained by the department. Allows an applicant to appeal to the department regarding the imposition of a penalty if the applicant can show that the financial institution made an error and that there were sufficient moneys in the account.

Allows a person to obtain an ignition interlock system if such person has no outstanding judgments or warrants at the time of the hearing, rather than at the time of driver's license restraint. Extends the ignition interlock device program for 2 years, until July 1, 2000. Allows a person whose driver's license was revoked because such person is an habitual traffic offender to obtain an ignition interlock system, in addition to persons whose licenses are revoked primarily because of alcohol violations.

If a person receives a penalty assessment notice for a traffic violation and such person pays the fine and surcharge on or before the date the payment is due, reduces the points assessed against the person's driver's license as follows:

For a violation with an assessment of 3 or more points, reduces the assessment by 2 points; and
For a violation with an assessment of 2 points, reduces the assessment by one point.

Allows a municipality to elect to follow such requirements for reductions in traffic offenses. Requires any municipality that reduces a traffic offense to conform the reduced offense and point assessment with the statutory point assessment schedule. Assesses one point against a driver's license for the offense of operating a vehicle with defective head lamps.

If a penalty assessment notice for a traffic infraction is not personally served on the defendant or the defendant has not accepted the court's jurisdiction, provides that the traffic infraction is a class B traffic infraction and the department of revenue has no authority to assess any points for the traffic infraction.

Doubles the penalty and surcharge for a speeding violation occurring in a portion of a state highway that the department of transportation has designated as a maintenance, repair, or construction zone. Requires the department to post signs indicating the beginning and end of zones where such activity is taking place or will be taking place within 4 hours.

Changes from permissive to mandatory the requirement that any school bus with a capacity of 16 or more be equipped with 4 yellow signal lights in addition to 4 red signal lights. Requires a school bus to stop as far to the right of a roadway as possible, rather than as far off of the roadway as possible, when discharging and loading passengers.

Eliminates the proof of financial responsibility requirement imposed on any person whose driver's license was revoked because such person obtained, attempted to obtain, consumed, or possessed alcoholic beverages or ethyl alcohol while such person was under the age of 21. Allows any person who currently has posted financial responsibility for the future because of such a violation to end such posting.

APPROVED by Governor June 3, 1997
EFFECTIVE July 1, 1997

H.B. 97-1021 Proof of financial responsibility - former residents. Requires the director of the division of motor vehicles in the department of revenue to suspend the requirement for proof of financial responsibility for the future for former Colorado residents who obtain a driver's license in another state or foreign jurisdiction. Requires the director to reinstate the requirement for such persons if they apply for a new Colorado driver's license.

APPROVED by Governor April 19, 1997
EFFECTIVE April 19, 1997

H.B. 97-1035 Drivers' licenses - revocations - nondriving alcohol offenses - procedure. Eliminates the current requirement that a person under 21 years of age who is convicted of certain offenses relating to the purchase, consumption, or possession of alcohol be ordered by a judge to immediately surrender the person's license to the court to begin the process of revocation. Specifies that the period of revocation based on such conviction begins when the person whose license is being revoked is given a notice by the department of revenue.

APPROVED by Governor May 21, 1997
EFFECTIVE May 21, 1997

H.B. 97-1080 License plates - medal of honor recipients. Creates a special motor vehicle license plate for recipients of the medal of honor. Authorizes any recipient of the medal of honor to apply for such plates. Provides that no fee be charged for one set of such plates. Allows a medal of honor recipient to apply to use such plates on a motor home, in addition to any passenger car or truck, upon the payment of any required taxes or fees.

APPROVED by Governor March 24, 1997
EFFECTIVE March 24, 1997

H.B. 97-1098 Inflatable restraint systems - insurance claims - replacement of inflatable restraint systems - use of salvaged systems - police accident reports. If a person makes a claim and receives payment under an automobile insurance policy for a motor vehicle inflatable restraint ("air bag") system that has inflated and deployed or has been stolen, states that the person shall replace such system. Authorizes an insurer to inspect the vehicle if such a claim is made to verify that the system did inflate or was stolen.

Prohibits a motor vehicle repair garage from returning any components of a replaced inflatable restraint system to the consumer.

Allows a motor vehicle repair garage to replace an inflatable restraint system only with a newly manufactured system or with a system that has been salvaged and sold by a vehicle dismantler or an auto parts recycler. Prohibits a motor vehicle repair garage from installing a salvaged inflatable restraint system unless such installation has been authorized in writing by the customer.

Requires that the invoice for the sale of a salvaged inflatable restraint system by a vehicle dismantler or auto parts recycler include the date of sale, the vehicle identification number of the vehicle from which the system was salvaged, and the part number for the system. Requires a vehicle dismantler or auto parts recycler to maintain the bill of sale for the sale of a salvaged inflatable restraint system for at least 3 years.

Requires a law enforcement officer who is reporting a traffic accident to include information in the report regarding whether the motor vehicle's inflatable restraint system, if any, inflated and deployed during the accident.

APPROVED by Governor May 16, 1997
EFFECTIVE August 6, 1997
NOTE: This act was passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day 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; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, 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.

H.B. 97-1105 Motor vehicle repair facilities. In the "Motor Vehicle Repair Act of 1977", changes references from "motor vehicle repair garage" to "motor vehicle repair facility". Allows a facility to note the customer's telephone number on the invoice and work order once, instead of each time the customer is called. Extends the grace period before storage charges accrue by any days the repair facility is closed for business. Requires a repair facility to retain a work order for at least 3 years. Provides that a storage fee may not be charged unless it is imposed pursuant to a written agreement. Repeals the $10 fee cap on storage fees.

Makes a violation of the "Motor Vehicle Repair Act of 1977" a deceptive trade practice subject to the "Colorado Consumer Protection Act".

APPROVED by Governor May 21, 1997
EFFECTIVE May 21, 1997

H.B. 97-1140 Drivers' licenses - reexamination - after involvement in fatal accident - time limit. If a fatal motor vehicle accident involving one or more licensed drivers occurs, directs the department of revenue, if it deems appropriate, to mail a written notice to all such drivers involved in the accident requiring such drivers to submit to reexamination. Prohibits the department from requiring reexamination of a driver based upon such accident if the department hasn't mailed a notice to the licensee within 90 days after the department receives notice regarding such accident.

APPROVED by Governor March 28, 1997
EFFECTIVE January 1, 1998
NOTE: This act was passed without a safety clause. The act establishes an effective date of January 1, 1998. It shall take effect on that date unless a referendum petition is filed during the ninety-day 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. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, 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.

H.B. 97-1142 New residents - registration of vehicles - driver's license and identification card applications - penalties for noncompliance. Requires that any application for a driver's license, instruction permit, commercial driver's license, or identification card contain a statement indicating that:

The applicant understands that, as a resident of Colorado, any vehicles owned by the applicant must be registered in Colorado or the applicant may be subject to penalties; and
The applicant agrees to comply with such registration requirements within 30 days after becoming a resident.

Clarifies that, within 30 days after a person becomes a resident of Colorado, such person is required to register the vehicles owned by such person in Colorado. Clarifies that a person failing to comply with registration requirements after becoming a resident of Colorado is guilty of a misdemeanor, punishable by a $500 fine, and is subject to a civil penalty of $500. Eliminates jail sentences from the possible penalties for motor vehicle registration violations. Authorizes the department of revenue to cancel or deny the driver's license or identification card of a person who fails to register such person's motor vehicles in Colorado. Provides that, in addition to such penalties, a person failing to register such person's vehicles in Colorado continues to be liable for all unpaid registration fees and specific ownership taxes.

APPROVED by Governor May 27, 1997
EFFECTIVE August 6, 1997
NOTE: This act was passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day 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; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, 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.

H.B. 97-1189 Motor vehicle fees - increase in fee for duplicate certificate of title - distribution of fees collected by county clerks. Increases the fee for a duplicate certificate of title from $3.50 to $6.50. When collected by the county clerk and recorder, distributes such fee as follows:

The portion to be retained by the county clerk and recorder is increased from $1.50 to $5.50; and
The portion credited to the state special purpose account for distributive data processing is decreased from $2.00 to $1.00.

When collected by the county clerk and recorder, distributes the $3.50 fee for assignment of a new identifying number to a motor vehicle as follows:

The portion retained by the county clerk and recorder is increased from $1.50 to $2.50; and
The portion credited to the state special purpose account for distributive data processing is decreased from $2.00 to $1.00.

APPROVED by Governor May 16, 1997
EFFECTIVE July 1, 1997

H.B. 97-1199 Leases - security interest not created by terminal adjustment clause. Ensures that a lease of a motor vehicle does not create a sale or security interest solely because the lease agreement allows for upward or downward adjustments of rent based upon the amount to be realized upon sale or disposition of the motor vehicle.

APPROVED by Governor April 16, 1997
EFFECTIVE April 16, 1997

H.B. 97-1209 Motor vehicle insurance - motorist insurance identification database program - penalties for noncompliance with insurance requirements - appropriation. Establishes a computer database to help law enforcement officials verify owner compliance with motor vehicle financial security requirements. States that the program shall be administered by the motor vehicle division in the department of revenue. Requires that a motorist insurance identification fee of not more than $1.00 be paid when registering a motor vehicle. States that such fee shall be credited to the motorist insurance identification account within the highway users tax fund.

Requires the department of regulatory agencies to review the program to determine if the number of uninsured motorist claims reported by insurers declined between July 1, 1997, and the date of the review and to submit its findings to the general assembly no later than October 15, 1999. Repeals the database program and the motor vehicle insurance laws effective July 1, 2001, if the number of uninsured motorist claims reported by insurers does not decline during such period.

Requires the motor vehicle division to contract with a designated agent by January 1, 1998, for the purpose of monitoring compliance with motor vehicle insurance requirements. States that, not later than January 1, 1999, the designated agent shall develop and maintain a database with information provided by the motor vehicle division and insurers. States that self-insured persons are not required to provide information for the database.

Requires insurers to report policyholder and uninsured motorist claim numbers to the commissioner of the division of insurance and to provide the following information to the designated agent:

Name, date of birth, and driver's license number and address of each named insured;
Make, year, and vehicle identification number of each insured motor vehicle;
Policy number, effective date, and expiration date of each policy.

Requires the motor vehicle division to fine an insurer up to $250 for each day the insurer fails to report required information.

Requires the motor vehicle division to provide the designated agent with the name, date of birth, address, and driver's license number of every individual in its computer database and the make, year, and vehicle identification number of all registered vehicles.

Requires the designated agent to update the database so that monthly comparisons may be made of motor vehicle registrations and the database. If such comparisons show that a motor vehicle has been uninsured for 3 months, requires the motor vehicle division to direct the designated agent to notify the owner that he or she has 45 days to comply or provide proof of an exemption.

Provides that a person charged with not having the required proof of financial security may prove compliance by mailing the motor vehicle division a letter from an insurer verifying that the required coverage existed on the date in question.

States that information included in the database is the property of the party supplying the information. Describes to whom and in what instances the database information may be disclosed. If database information is knowingly disclosed for any other purpose or to an unauthorized person, states that the party making the disclosure commits a class 1 misdemeanor.

Provides immunity to the state when complying with the requirements of this act. States that the designated agent is not liable for performing its duties unless the act or omission is willful and wanton or it is negligent in failing to protect the information disclosed to it by an insurer. Exempts insurers from liability unless they commit a willful and wanton act or omission.

Allows the administrative suspension of driver's licenses of uninsured motorists, effective not later than January 1, 1999. Requires the department of revenue to suspend the license of any person on its determination that the person lacked a complying policy or certificate of self-insurance. Requires the department to make such determination of uninsured status on the basis of an affidavit of a law enforcement officer. Specifies that this determination of facts is independent of such determination of similar facts in a criminal case involving the same action or suspensions under the financial responsibility act. After the determination, requires the department to either issue a notice of suspension or rescind the order of suspension.

States that a law enforcement officer may, upon determining that a driver lacks a complying policy or certificate of self-insurance, issue a notice of suspension and, if such suspension is issued, the law enforcement officer shall take possession of the driver's licence, issue the driver a temporary permit, swear out an affidavit, and forward all of the above to the department of revenue. Requires the department to adopt forms and a format for affidavits. Specifies that the suspension becomes effective 7 days after the driver receives notice, either in the mail or from the officer, unless the driver files proof of financial responsibility for the future, complies with the financial responsibility law, or provides evidence that a complying policy was in force at the time.

Specifies that the duration of the suspension shall be until the driver complies with the financial responsibility laws or files proof of financial responsibility for the future. Allows the driver to request an administrative hearing. Allows a temporary permit to be issued during the pendency of the hearing process. Specifies procedures for such hearings and provides that the sole issue is whether the driver lacked a complying policy or certificate of self-insurance.

Appropriates $3,374,500 to the department of revenue for allocation to the division of motor vehicles for the implementation of the act.

APPROVED by Governor June 3, 1997
EFFECTIVE July 1, 1997

H.B. 97-1227 Drivers' licenses - reexamination - driving with excessive alcohol content - first offense. Prohibits the department from requiring a person to undergo driving skills or knowledge testing to obtain a new driver's license after the expiration of a license revocation if the revocation was imposed for a first offense of driving with excessive alcohol content.

APPROVED by Governor April 16, 1997
EFFECTIVE August 6, 1997
NOTE: This act was passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day 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; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, 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.

H.B. 97-1233 Identification cards - cancellation - fee for reissuance. Authorizes the department of revenue to cancel, deny, or deny the reissuance of an identification card for the following reasons:

Failure to give the required or correct information in an application for an identification card or commission of any fraud in making such application; or
Permitting an unlawful or fraudulent use of an identification card or conviction for misuse of an identification card.

Establishes a $20 fee to cover the costs of the department of revenue for the reissuance of an identification card that has been cancelled or denied or to verify the identity of an applicant.

Allows a person whose identification card has been cancelled or denied to request a hearing.

APPROVED by Governor April 6, 1997
EFFECTIVE July 1, 1997

H.B. 97-1238 Motorcycle operator safety training program - increase in registration surcharge. Increases the surcharge imposed on any motorcycle or motorscooter registration to support the motorcycle operator safety training program from $2 to $4. Repeals the $2 increase in such surcharge on July 1, 2002. Prohibits expending more than 20¢ of the additional $2 surcharge for promotion of the motorcycle operator safety training program and for motorist awareness.

APPROVED by Governor April 24, 1997
EFFECTIVE July 1, 1997

H.B. 97-1246 Motor vehicle records - protection of privacy - records regarding disability - reproduction of driver's licenses or identification cards. Prohibits the release of any record indicating that a person has obtained distinguishing motor vehicle license plates or an identifying motor vehicle placard for persons with disabilities or the release of any other motor vehicle record that would reveal the presence of a disability.

Prohibits any person from reproducing a driver's license or identification card for the purpose of distribution, resale, reuse, or manipulation of the data or images contained in such driver's license or identification card unless authorized by the department of revenue or otherwise authorized by law. Makes the violation of such prohibition a class 3 misdemeanor.

H.B. 97-1262 Used motor vehicles - mileage. Increases the mileage at which a motor vehicle is deemed to be a used motor vehicle from 200 miles to 1,500 miles.

BECAME LAW April 29, 1997
EFFECTIVE August 6, 1997
NOTE: This act was passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day 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; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, 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.

H.B. 97-1301 Underage drinking and driving - driving with blood alcohol content of 0.02 - penalties - revocation of driver's license - proof of financial responsibility - expungement of records. Prohibits any person under the age of 21 from driving a motor vehicle while such person has a blood or breath alcohol content of 0.02 or above. Makes the driving of a motor vehicle by a person under 21 with an alcohol content of at least 0.02 but less than 0.05 a class A traffic infraction, with a $50 fine and 4 points assessed against the person's driver's license. Directs the department to revoke the license of a person convicted of such traffic infraction. Imposes a revocation period upon conviction of 3 months for a 1st offense, 6 months for a 2nd offense, and one year for a 3rd or subsequent offense.

Reduces the alcohol level at which the department of revenue is directed to revoke the driver's license of a person under the age of 21 who is operating a motor vehicle from 0.10 to 0.02. Reduces the alcohol level at which the department of revenue is directed to revoke the driver's license of a person under the age of 21 who is operating a commercial motor vehicle from 0.04 to 0.02. Imposes a revocation period of 3 months for a 1st offense, 6 months for a 2nd offense, and one year for a 3rd or subsequent offense.

Upon request, authorizes a hearing officer to modify the license restraint imposed on a person for a 1st-time underage drinking and driving conviction or administrative revocation and, in lieu of the 3-month revocation, to order a revocation of not less than 30 days plus a license suspension for the remainder of the 3-month period. Allows the hearing officer to grant such person a probationary driver's license, to be effective no earlier than 30 days after the beginning of the revocation period, that may be used only for reasons of employment, education, health, or drug or alcohol education or treatment.

Requires the department of revenue to revoke the driver's license of any provisional driver, in addition to any minor driver, upon the 1st conviction of such person for an alcohol- or drug-related driving violation.

Requires proof of financial responsibility for the future for underage drinking and driving as follows:

1st conviction or administrative revocation: No proof is required.
2nd or subsequent conviction or administrative revocation: Proof required for a time period equal to the time period the person's driving privilege is ordered to be under restraint.

Upon request, requires the department of revenue or the court to expunge the record of an underage drinking and driving conviction or administrative revocation if:

The person is over 21 years old and the court action or administrative action is completed;
The person has not been convicted of any other alcohol- or drug-related offense committed while the person was under 21 or, for a request made to the department of revenue, is not subject to any other administrative revocation for underage drinking and driving; and
The person has paid the fine and surcharge and completed any other requirements of the court.

APPROVED by Governor June 3, 1997
EFFECTIVE July 1, 1997

H.B. 97-1346 Drivers' licenses - sale of photographs for prevention of fraud. Authorizes the department of revenue to sell copies of photographs, electronically stored photographs, or digitized images from driver's license records for the purpose of preventing fraud, including the use of such photographs or images in mechanisms intended to prevent the fraudulent use of credit cards, debit cards, checks, or other forms of financial transactions. Allows a purchaser to use such photographs, electronically stored photographs, or digitized images only for the purpose of verifying the identity of account holders. Directs the department of revenue to set a fee for such sales. Allows the department of revenue to authorize an applicant to obtain copies of such photographs or images from a vendor and to pay the vendor directly for such photographs or images.

Prohibits the department of revenue from selling any photograph, electronically stored photograph, or digitized image of a person whose address is required to be kept confidential because of the danger of criminal harassment or bodily harm.

APPROVED by Governor May 28, 1997
EFFECTIVE July 1, 1997

H.B. 97-1348 Motor vehicle records - driver's license records - request for confidentiality - inspection of records - sale of records by county clerk and recorders - provision of motor vehicle services - appropriation. Directs the department of revenue to include a confidentiality notice on any form for a driver's license application, identification card application, motor vehicle title application, or motor vehicle registration application. Requires that such notice indicate that any person filing such an application may request that information in such person's motor vehicle or driver record not be used for any purpose other than a purpose authorized by law. Requires any person who wishes to make such a request to complete a confidentiality request form and file the form directly with the department of revenue. Directs the department of revenue to create a confidentiality request form and provides that the department and the county clerk and recorders, as the designated agents of the department, are the sole distributors of the confidentiality request form.

Prohibits the department of revenue or a county clerk and recorder from allowing inspection of certain motor vehicle or driver records by any person, other than a person in interest or a governmental agency carrying out its official functions, unless the person signs a requestor release form. If such form indicates that the person will use information in records, requested individually or in bulk, for any purpose other than a purpose authorized by law, prohibits the department or clerk and recorder from allowing inspection of any records for which a confidentiality form has been filed.

Prohibits a county clerk and recorder from providing motor vehicle or driver records to the public if such records are available to the public directly from the department of revenue.

Declares that, since it is the government that requires citizens to register, license, and take other actions concerning their motor vehicles, it is the duty of government to provide convenient and easily accessible motor vehicle services to the public.

Appropriates $85,265 to the department of revenue, division of information technology, for the implementation of the act.

APPROVED by Governor May 27, 1997
EFFECTIVE September 1, 1997