S.B. 98-25 Driving under the influence or while ability impaired - alcohol and drug driving safety program - administration by the judicial department - appropriation. Changes the responsibility for the administration of alcohol and drug driving safety programs in each judicial district from the division of alcohol and drug abuse in the department of human services to the judicial department. Eliminates the authority of the division of alcohol and drug abuse to contract with any other judicial agency for services related to the administration of the program and assigns contracting authority to the judicial department. Specifies that the program shall be maintained in each judicial district.
Eliminates the requirement that persons conducting presentence and postsentence alcohol and drug evaluations be certified by the division of alcohol and drug abuse; however, requires the judicial department to determine whether such persons are qualified.
Requires level I and level II drug and alcohol education and treatment programs to be approved by the division of alcohol and drug abuse. Clarifies that level I programs are to be residential programs rather than inpatient programs.
Eliminates the specification that the judge must assess $60 against a person convicted of a violation of driving under the influence or driving while ability impaired or driving with excessive alcoholic content for the presentence or postsentence alcohol and drug evaluation and supervision services. Specifies that the amount of the assessment for the cost of alcohol and drug evaluation and supervision services in effect on July 1, 1998, shall remain in effect unless the judicial department and the division of alcohol and drug abuse provide certain information to the general assembly.
Repeals the duty of the division of alcohol and drug abuse to establish an alcohol and drug driving safety program that is suited to the needs of each judicial district after consultation with local treatment programs; however, specifies that the judicial department shall ensure that qualified personnel are placed in the judicial districts. Directs the judicial department, jointly with the division of alcohol and drug abuse, to develop criteria for evaluation techniques, treatment referral, data reporting, and program evaluation.
Reallocates the total program funding of $4,132,595 to correspond with the transfer of administrative responsibilities from the department of human services to the judicial department for the implementation of this act.
APPROVED by Governor May 18, 1998
EFFECTIVE July 1, 1998
S.B. 98-30 Highways - high-occupancy vehicle lanes - inherently low-emission vehicles. Allows federally certified inherently low-emission vehicles (ILEVs) weighing 26,000 pounds or less to use high-occupancy vehicle (HOV) lanes so long as the ILEVs are identified by means of an approved, orange, circular sticker or decal applied in one of several specified locations on the vehicle. Directs the department of transportation to add ILEV information to new signage relating to HOV lane usage. Allows for restriction or elimination of HOV lane use by ILEVs in the event that such use is shown to interfere with the use of HOVs by other vehicles or to result in the loss of federal highway funds.
Increases the fine for HOV lane violations from the current $50 to $65 for a 1st or 2nd violation and from $100 to $125 for a 3rd or subsequent violation within one year. Removes the surcharges formerly applicable to such fines.
APPROVED by Governor June 1, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-46 Emissions inspection - inoperable vehicles - exemption from obtaining inspection prior to sale - notice to purchaser. Exempts the seller of a motor vehicle from the requirement for obtaining a certification of emissions control prior to sale if the vehicle is inoperable or otherwise cannot be tested in accordance with department of revenue regulations and if the seller provides a written notice to the purchaser prior to completion of the sale clearly indicating that:
Directs the department of revenue to prepare a form to comply with the notice requirement and to make such form available to motor vehicle dealers and other persons selling motor vehicles that are inoperable or otherwise cannot be tested. Requires the purchaser of a motor vehicle that was exempted from the requirement for obtaining a certification of emission control prior to sale to obtain such certification for the vehicle before registering it in the program area.
APPROVED by Governor April 10, 1998
EFFECTIVE April 10, 1998
S.B. 98-182 Emissions inspection - continued operation of AIR program - clean screen remote sensing program - appropriation. Establishes a clean screen remote sensing program as part of the AIR program for auto emission inspections. Requires the air quality control commission to promulgate rules governing the operation of such program.
Specifies that cut-points established for carbon monoxide, exhaust and evaporative hydrocarbons, and oxides of nitrogen standards shall not be increased between December 1, 1998, and January 1, 2000.
Specifies that the clean screen program shall commence on January 1, 1999, in the Weld and Larimer county portion of the basic emissions program and be expanded, if feasible, to other parts of the state upon request of the lead air quality planning agencies for that area. Provides that any motor vehicle passing the requirements of the clean screen program in the applicable portions of the basic emissions program shall be deemed to have complied with the basic AIR program auto emissions inspection requirement for the next inspection cycle.
Deletes the requirement that vehicles in the AIR program be inspected upon transfer.
Directs the air pollution control division in the department of public health and environment to establish guidelines for a Denver remote sensing pilot study in the enhanced emissions program. Requires a report on the results of such study by December 31, 1999. Allows the department of public health and environment to purchase equipment or contract for the operation of the clean screen program and the Denver remote sensing pilot study, or both.
Requires the executive director of the department of revenue to promulgate rules to allow data from the clean screen program to be matched with vehicle ownership information and for the transfer of such information to county clerks and recorders for use in vehicle registration activities. Specifies that the clean screen passage shall cost no more than $15.
Repeals the sunset date for the AIR program and provides for performance audits of such program at 3-year intervals. Authorizes the division to require the updating of test analyzer systems in the basic emissions program. Permits the lead air quality planning agency for any portion of the AIR program area to demonstrate to the air quality control commission that such portion meets ambient air quality standards and transportation conformity requirements. Upon such approval, permits the commission to specify that the AIR program will no longer apply in that portion of the program area.
Appropriates $90,000 to the division of administration in the department of public health and environment for the Denver clean screening pilot program.
APPROVED by Governor May 26, 1998
EFFECTIVE May 26, 1998
H.B. 98-1008 Driver's licenses - state identification cards - citizenship requirements. Forbids the division of motor vehicles in the department of revenue from issuing or renewing an identification card or driver's license to nonresidents or to any person who is in the United States illegally. Requires applicants for identification cards who submit birth certificates or other documentary evidence of identification issued by an entity other than a state or the United States to submit proof of legal presence in the United States. Requires an applicant for an identification card to provide proof of residency. Allows the department to cancel, deny, or deny the reissuance of an identification card to nonresidents and to persons who are in the United States illegally.
APPROVED by Governor April 17, 1998
EFFECTIVE July 1, 1998
H.B. 98-1036 License plates - special plates or placards - exemption for the permanently disabled. Exempts any person who is permanently disabled from having to provide the division of motor vehicles in the department of revenue proof of disability to renew his or her special license plates and identifying placard. Requires any person renewing the plates or placard on behalf of a permanently disabled person to sign an affidavit attesting to the fact that such disabled person is still in need of the plate or placard and stating that the plate or placard shall be surrendered to the division upon the disabled person's death. Applies to renewal applications filed on or after February 1, 1999.
APPROVED by Governor April 21, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-1059 School zones - doubling of penalties and surcharges - designation of school zones. Doubles the fine and surcharge imposed for a moving traffic violation if the violation occurs in a school zone. Requires that a school zone have appropriate signs indicating that penalties and surcharges will be doubled. Requires the state or local government having jurisdiction over the placement of signs and traffic control devices in a school zone area to designate when the area will be deemed to be a school zone. In making such designation, requires the state or local government to consider when increased penalties are necessary to protect the safety of school children. Exempts a violation from the required increase in penalties and surcharges if the penalty and surcharge for the violation has been doubled because the violation also occurred within a highway maintenance, repair, or construction zone.
APPROVED by Governor April 30, 1998
EFFECTIVE July 1, 1998
H.B. 98-1063 License plates - special license plate for disabled veterans - eligibility to obtain special plates without charge - long bill adjustment. Eliminates the requirement that a person who qualifies as a disabled veteran have obtained the disability prior to May 7, 1975, in order to be eligible to receive one set of special disabled veteran license plates without charge.
Adjusts the 1998 long bill to increase the appropriation made to the department of education by $53,320 using moneys out of the schools of choice fund. Transfers $57,000 from the schools of choice fund to the highway users tax fund.
APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998
H.B. 98-1064 Motor vehicle registration - fees - amount retained for expenses. Increases from $1 to $2 the fee retained by county clerk and recorders and the manager of revenue in the city and county of Denver for expenses incurred in acting as agents for the department of revenue when collecting motor vehicle registration fees. Increases the fee by the same amount when collected by the department of revenue.
APPROVED by Governor March 30, 1998
EFFECTIVE March 30, 1998
H.B. 98-1070 Motor vehicle registration - extended temporary registration. 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 12-month period. Prohibits the transfer of such registration to another motor vehicle.
Sets a $35 fee for extended temporary motor vehicle registration. Authorizes the authorized agent of the department of revenue retaining $5 of such fee to defray expenses if the authorized agent issues the registration, requires the department to use $1 of such fee to support the distributive data processing system, and requires $19 of such fee to be distributed in the same manner as specific ownership tax. Requires that a motor vehicle have valid registration in another state in order to obtain extended temporary motor vehicle registration in Colorado. 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.
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.
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 $1,000 fine for violating such prohibition.
Repeals the statutory provisions related to extended temporary motor vehicle registrations, effective July 1, 2002.
APPROVED by Governor May 27, 1998
EFFECTIVE May 27, 1998
H.B. 98-1075 License plates - characters used on plates - reissuance of plates - remanufacture of certain plates - option to obtain plates without county designation. Directs the department of revenue, to the extent that it is practical, to issue motor vehicle license plates that have standardized coloring and have a combination of letters and numbers not exceeding 6 characters.
On and after January 1, 2002, authorizes the department of revenue to require the replacement of license plates as necessary to ensure that plates are legible. Directs the department to complete a replacement of all license plates, other than newly issued license plates or remanufactured license plates, on or before January 1, 2004. Authorizes the general assembly to appropriate moneys from the highway users tax fund to the department for such license plate replacement.
Allows a motor vehicle owner who has currently assigned and registered license plates with only 2 alphabetic and up to 4 numeric characters to have such plates remanufactured upon application to the department of revenue. Prohibits the charging of any fee for remanufacture of license plates beyond the fees and taxes charged for vehicle registration.
If license plates issued for motor vehicles include the county of vehicle registration, allows a vehicle owner the option of obtaining plates that do not include such county designation.
APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998
H.B. 98-1081 Motor vehicle registration - reporting of type of fuel. Requires the owners of vehicles within the AIR program area, upon registration, to report the type of fuel used by such vehicle and whether such vehicle is dual-fueled or dedicated to the use of a single fuel.
Requires the owners of fleet vehicles within the AIR program area, upon registration, to report that the vehicle is a fleet vehicle and list their tax identification number.
APPROVED by Governor April 13, 1998
EFFECTIVE July 1, 1998
H.B. 98-1127 Traffic infractions - alcohol content - underage drivers. Clarifies that a person under the age of 21 years who drives with a blood or breath alcohol content of at least 0.02 but not more than 0.05, instead of less than 0.05, is guilty of a traffic infraction. Corrects statutory cross references to clarify that penalties for driving under the influence do not apply to persons convicted of such an offense.
Eliminates inconsistent treatment concerning the expungement of traffic offense records and the granting of probationary licenses for those convicted of driving while ability impaired.
APPROVED by Governor April 6, 1998
EFFECTIVE April 6, 1998
H.B. 98-1144 Securing of aggregate materials. Requires that aggregate materials with a diameter of one inch or less transported in a motor vehicle for a distance of more than 2 miles either be covered with a tarp or other cover or secured using other technology to prevent the escape of aggregate material from the vehicle.
APPROVED by Governor June 4, 1998
EFFECTIVE June 4, 1998
H.B. 98-1173 Motor vehicle titles - issuance of titles - increase in fees - long bill adjustment. Modifies the motor vehicle title fees collected by authorized agents of the department of revenue as follows:
Using the increases in title fees, directs the authorized agents, if possible, to provide the following titles on the same day as the day a request is made:
Adjusts the 1998 long bill to reduce the appropriation made to the department of revenue by $130,870 and 0.6 FTE.
APPROVED by Governor May 27, 1998
EFFECTIVE July 1, 1998
H.B. 98-1273 School buses - safety procedures. Directs the operator of a school bus to activate the visual signal lights of the bus when the bus is stopped because it is behind another school bus that is receiving or discharging passengers or because it has met a school bus traveling in a different direction that is receiving or discharging passengers. Authorizes the operator of a school bus to block the lane of traffic, rather than stopping the school bus as far to the right of the roadway as possible, when a passenger being received or discharged is required to cross the roadway.
APPROVED by Governor March 23, 1998
EFFECTIVE March 23, 1998
H.B. 98-1279 License plates - special plates for alumni associations. Authorizes an alumni association of a private or public college or university located in Colorado to apply to the department of revenue for the establishment of a special alumni license plate. Directs the department to accept such applications annually according to the schedule established by the department. Requires an alumni association to obtain commitments to purchase alumni plates from at least 500 persons before applying for a special license plate. Requires the alumni association to bear all costs of designing a special alumni license plate. Requires that any alumni license plate design conform with standards established by the department and be approved by the department.
Authorizes an alumni association to establish the following qualifications for persons seeking to obtain special alumni license plates:
Allows a person to obtain a special alumni license plate for a passenger car or truck that does not exceed 16,000 pounds empty weight upon paying the required taxes and fees and upon providing a certificate from the alumni association confirming that such person has met the necessary qualifications established by the alumni association. Directs the department to prepare a form for such certificate. Indicates that the taxes and fees for special alumni license plates are the same as the taxes and fees for regular license plates, plus a one-time fee of $10 for issuance or replacement of the license plates. Allows an applicant to obtain personalized special alumni license plates upon payment of the usual fees for personalized plates in addition to other taxes and fees. Provides that renewal procedures for special alumni license plates are the same as for other license plates.
APPROVED by Governor March 23, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-1332 License plates - disabled veterans - additional identifying feature for mobility impairment - use of parking reserved for persons with disabilities. If an applicant for special disabled veteran license plates demonstrates that he or she has a physical impairment affecting mobility, then requires that such license plates contain an additional identifying feature to indicate that the license plate holder is authorized to make use of parking privileges for persons with disabilities. Allows the person to park such vehicle in any parking space identified as being reserved for use by persons with disabilities. Allows such person to also park in areas on public streets regardless of time limitation in the same manner as other persons with disabilities if the jurisdiction recognizes such privilege. Allows a person who has obtained special disabled veteran license plates containing such identifying feature from another state to park in spaces reserved for persons with disabilities.
APPROVED by Governor April 10, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-1334 Persistent drunk drivers - proof of financial responsibility - surcharge imposed for alcohol-related offenses - penalty imposed when BAC is 0.20 - bail requirements - appropriation. If the department of revenue revokes a person's driver's license administratively for driving with excessive alcohol content, directs the department to mail a notice to the owner of the motor vehicle used in the violation to inform the owner that:
If a person's driver's license is revoked administratively a second or subsequent time for driving with excessive alcohol content and such person was driving the same motor vehicle in 2 or more such offenses but did not own such vehicle, then requires the department of revenue to mail the owner of the motor vehicle a notice informing such owner that the owner is required to either file proof of financial responsibility for the future or request a hearing within 30 days. Requires that such proof be maintained for 3 years. Requires the owner's driver's license or operating privilege to be suspended if the owner does not comply with such requirements. Exempts motor vehicles that are rented from a rental car company or rented or loaned from an automobile repair facility.
Requires that any person convicted of an alcohol-related driving offense pay a surcharge of at least $25 but not more than $500 in addition to any other penalty imposed. Requires that moneys collected for such surcharge be deposited in the persistent drunk driver cash fund. Indicates that the moneys in such fund are subject to appropriation to pay the costs of the department of revenue in addressing persistent drunk drivers and to support programs that are intended to deter persistent drunk driving or to educate the public regarding the dangers of persistent drunk driving.
If a person is charged with driving under the influence and had a blood alcohol content of 0.20 or above at the time of the incident or within 2 hours thereafter, and if such person is then convicted of the lesser offense of driving while ability impaired, requires that such person be subject to the penalties imposed for driving under the influence.
If a person is arrested for driving while such person's driver's license or driving privilege is under restraint because of an alcohol- or drug-related driving conviction, then sets the bail for such person at $10,000 or such amount as is set at a bail hearing. Requires that one of the conditions of such person's bail bond be that such person not drive any motor vehicle during the period of such person's driving restraint. Prohibits a person who is arrested for an alcohol- or drug-related driving offense from attending a bail hearing until such person is no longer intoxicated or under the influence of drugs.
Appropriates $810,875 to the department of human services, and appropriates $810,875 out of such appropriation to the department of transportation for the implementation of the act.
APPROVED by Governor June 1, 1998
EFFECTIVE July 1, 1998
H.B. 98-1411 License plates - United States olympic committee special license plate. Establishes a special license plate for the United States olympic committee. Requires the olympic committee to obtain commitments to purchase the special plates from at least 500 persons before the department of revenue may begin issuance of the license plate. Requires the olympic committee to bear all costs of designing the special license plate. Requires the license plate design to conform with standards established by the department and be approved by the department.
Authorizes the United States olympic committee to establish the following qualifications for persons seeking to obtain special plates:
Allows a person to obtain an olympic committee special license plate upon paying the required taxes and fees and providing a certificate from the United States olympic committee confirming that such person has met the necessary qualifications established by the olympic committee. Directs the department to prepare a form for such certificate. Provides that the taxes and fees for the special license plates are the same as the taxes and fees for regular license plates, plus a one-time fee of $10 for issuance or replacement of the license plates. Allows an applicant to obtain personalized olympic committee special license plates upon payment of the usual fees for personalized plates in addition to other taxes and fees. Provides that renewal procedures for the special license plates are the same as for other license plates.
APPROVED by Governor May 27, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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.
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