Digest of Bills - 2001

MOTOR VEHICLES AND TRAFFIC REGULATION

S.B. 01-3
Commercial vehicles - school buses and vehicles. Changes the definition of "commercial vehicle" to exclude school buses that are regulated by the state board of education or school vehicles that have a gross vehicle weight rating of less than 26,001 pounds from regulation by the department of public safety so long as the school district does not receive remuneration for the use of such vehicle.

APPROVED by Governor March 30, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

S.B. 01-5 Commercial vehicles - registration - definition of classes. Adds a definition of "commercial vehicle" to the motor vehicle registration statutes. Clarifies the definition of "noncommercial or recreational vehicle" Requires an applicant for registration to declare whether the vehicle is a commercial vehicle.

APPROVED by Governor May 18, 2001
EFFECTIVE May 18, 2001

S.B. 01-142 Drivers' licenses - identification cards - social security number. Authorizes the department of revenue to accept from a driver's license or identification card applicant a sworn statement, made under penalty of perjury, testifying to an applicant's social security number, which allows the department to issue such driver's license or identification card. Clarifies that such sworn statement does not prevent the department from cancelling, recalling, or updating a driver's license or identification card if the department learns that the applicant has provided a false social security number. Clarifies that the social security number is confidential unless such confidentiality is waived or unless a state child support agency, the department of revenue, or a court requests information for child support purposes.

APPROVED by Governor June 1, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

S.B. 01-168 Motor vehicles - persistent drunk drivers - education and treatment - appropriation. Makes legislative findings.

        Requires completion of level II alcohol and drug education and treatment for persons who have been convicted of:

        Permits the department of revenue ("department") to revoke a person's driver's license when the person is determined to be in violation driving under the influence with a blood alcohol content of 0.20 or more grams of alcohol per 100 milliliters of blood or 0.20 or more grams of alcohol per 210 liters of breath at the time of driving or within 2 hours after driving.

        Allows the department to extend the period of restraint for the completion of level II alcohol and drug education and treatment

        Requires providers of level II alcohol and drug education and treatment to provider quarterly compliance reports to the department about person enrolled in level II alcohol and drug education and treatment programs. Allows the department to utilize administrative remedies to penalize persons who are enrolled in a level II alcohol and drug education and treatment program but who are out of compliance with the program. Authorizes the department to promulgate rules related to such reporting requirements.

        Requires the persistent drunk driver cash fund to pay for costs incurred related to computer programing changes related to the requirement of level II alcohol and drug education and treatment.

        Appropriates $29,267 from the persistent drunk driver cash fund and 0.4 FTE to the department of revenue for implementation of the act.

APPROVED by Governor June 1, 2001
PORTIONS EFFECTIVE
June 1, 2001, July 1, 2001

S.B. 01-220 Motor vehicles - special licence plates - United States Marine Corps. Directs the department of revenue to issue special license plates to honorably discharged, retired, reserve, and active members of the United States Marine Corps. States that the special license plate shall indicate that the owner of the vehicle to which the license plate is attached is a veteran, reserve member, or active member of the United States Marine Corps. Requires an applicant for a special license plate to present proof that the applicant was honorably discharged or is an active or reserve member of the United States Marine Corps.

APPROVED by Governor May 30, 2001
EFFECTIVE May 30, 2001

H.B. 01-1017 Motor vehicle registration - periodic registration program - 5-year and 2-year periods - appropriation. Allows the department of revenue to establish by rule a periodic vehicle registration program whereby an owner of a utility trailer or mobile machinery can elect to register such vehicle for a 5-year period upon payment of a 5-year registration fee and 5-year specific ownership tax, commencing January 1, 2002. Allows the department of revenue to establish by rule a periodic vehicle registration program whereby an owner of a motor vehicle that is of a model year 1982 or newer that is not a motorcycle can elect to register such vehicle for a 2-year period upon payment of a 2-year registration fee and a 2-year specific ownership tax, commencing January 1, 2002.

        Authorizes the department of revenue to perform and be paid for vehicle identification number inspections whenever the department determines it is necessary or convenient in carrying out its duties.

        Appropriates $102,527 and 1.3 FTE to the department of revenue for the implementation of this act.

APPROVED by Governor May 30, 2001
EFFECTIVE May 30, 2001

H.B. 01-1025 Motor vehicle records - privacy. Requires anyone desiring to inspect motor vehicle or driver records maintained by the department of revenue to sign an affidavit of intended use, along with the existing requestor release form, that indicates that the requestor will not resell or transfer the information or use it in a manner that is not authorized under law. Makes a person who resells or transfers information or uses it in a manner that is not authorized under law liable to any injured party for treble damages, reasonable attorney fees, and costs.

APPROVED by Governor May 30, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1100 Distributive data processing system - fees - appropriation. On September 1, 2001, increases the vehicle title fee and the title lien filing fee from $6.50 to $7.20. On September 1, 2001, increases the fee to obtain a duplicate certificate of title from $7.50 to $8.20. On September 1, 2001, imposes a temporary vehicle title fee of $2.30 for fiscal years 2001-02 through 2003-04. Instructs the department of revenue to use the fee increases to pay for the administration of the distributive data processing system, including, without limitation, upgrades to the system. Names the distributive data processing system the "Colorado state titling and registration system". Names the special purpose account within the highway user's tax fund used to administer the distributive data processing system the Colorado state titling and registration account".

        Appropriates $4,462,865 and 5.4 FTE to the department of revenue for the implementation of this act.

APPROVED by Governor June 1, 2001
EFFECTIVE July 1, 2001

H.B. 01-1124 Motor vehicle registration - special license plates - restrictions. Removes the department of revenue's authority to create new, nonstatutory special license plates. Authorizes the continuing use of special license plates that were approved prior to January 1, 2001, under existing agreements so long as the plates continue to be issued to at least 250 vehicles. Directs the executive director of the department of revenue ("department") to promulgate rules creating standards for the retirement of group special license plates not issued for at least 2,000 vehicles.

        Requires all persons who wish to propose to the general assembly that group special license plates be issued to certify by March 1 that at least 2,000 of such plates will be issued in the first year. Instructs the department to submit to the general assembly a consolidated proposal of all proposed group special license plates that have met the 2,000-plate requirement. Prohibits the issuance of group special license plates to a for-profit business entity.

        Clarifies that the department is authorized to issue personal license plates for vehicles manufactured prior to 1977.

        Defines "distinctive special license plate" and "group special license plate".

APPROVED by Governor May 31, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1125 Drivers' licenses - administration - security - appropriation. Requires the department of revenue ("department") to verify that a first-time applicant for an instruction permit, driver's license, or identification card in Colorado meets the legal requirements, including age, identity, and residency requirements, before issuing such license or card. Requires the department to issue a temporary permit until such verification is complete and a permanent license or instruction permit is issued. Instructs the department to utilize appropriate and accurate technology and techniques to verify license or identification information. Requires the department to implement an invisible security feature capable of authenticating the driver's license and to use comparative image technology to verify the applicant's identity.

        Prohibits the issuance of multiple driver's licenses and identification cards to an applicant. Prohibits a person from fraudulently obtaining a driver's license.

        Requires the department of revenue to promulgate rules that prevent the access and use of images or image technology except to aid a government agency in carrying out such agency's official functions, to aid the department to ascertain a person's correct identity, or to aid the department to prevent the issuance of multiple driver's licenses or identification cards to the same person.

        Imposes an additional 60-cent fee on the issuances of driver's licenses and identification cards. Instructs the department of revenue to issue a report by July 1, 2005, on the advisability of continuing the additional 60-cent fee. Repeals the additional 60-cent fee, effective July 1, 2006. Creates the "identification security fund" into which the additional 60-cent fee will be deposited to cover the costs of the driver's license and identification card security enhancements required by this act.

        Instructs the state auditor to issue a report by July 1, 2006, on the effectiveness of driver's license and identification card security enhancements required by this act.

        Prohibits a peace officer from requiring a stopped suspect, or a person who is issued a traffic citation, to produce or divulge such person's social security number.

        Decreases the appropriation in the long bill to the department of revenue by $8,652 and 0.2 FTE due to the provisions of this act.

APPROVED by Governor June 5, 2001
EFFECTIVE July 1, 2001

H.B. 01-1203 Motor vehicles - special license plates - military. Specifies that the only vehicle subject to a weight limit for military license plates is a truck.

APPROVED by Governor February 12, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1210 Drivers' licenses - revocation - suspension - electronic hearings. Until July 1, 2003, authorizes the department of revenue to conduct telephone or other electronic hearings in situations where individuals have committed driving offenses that may cause such individuals to lose their driver's licenses, including suspensions and revocations for motor vehicle-related convictions, excessive points on driver's licenses, driving without motor vehicle insurance, and revocations for alcohol-related driving offenses. Directs the department of revenue to consider the circumstances of the licensee and the law enforcement officer when making the decision to conduct an electronic hearing.

APPROVED by Governor May 23, 2001
EFFECTIVE May 23, 2001

H.B. 01-1284 Drivers' licenses - selective service requirements. Requires any male United States citizen or immigrant who is at least 18 years of age but less than 26 years of age to comply with federal selective service requirements when applying to receive:

        Directs the department of revenue to forward to the federal selective service system information about such applicants in an electronic format. Specifies that an applicant's submission of an application serves to certify that the applicant either has complied with federal selective service requirements or is authorizing the department to forward to the selective service system the necessary information for such registration. Requires the department to notify the applicant that his signature constitutes consent to registration with the selective service system, if so required by federal law.

APPROVED by Governor May 30, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1294 Motor vehicle registration - fees - reduction in years of TABOR revenue surplus. Enacts the currently applicable schedule of motor vehicle registration fees in a separate section, paralleling the section that will be amended if, as is projected, the state's revenue in the coming fiscal year exceeds the maximum permitted under article X, section 20 of the state constitution ("Taxpayers' Bill of Rights" or "TABOR" amendment) and must be refunded. Inserts mutually complementary applicability language in the 2 sections, requiring the application of the lower fee schedule in years of TABOR surplus and the higher fee schedule in years in which there is not a sufficient TABOR surplus. Delays the effective date of the lower fee schedule, so that the fee reductions will take effect on January 1, 2002, rather than July 1, 2001, based on the confirmation of the projected TABOR surplus in the 2000-01 state fiscal year.

APPROVED by Governor May 22, 2001
EFFECTIVE May 22, 2001

H.B. 01-1351 Drivers' licenses - revocation - tribal revocation. Authorizes the department of revenue to revoke the drivers' licenses of Indians whose reservation driving privileges have been revoked in tribal proceedings by the Southern Ute tribe that meet minimum due process standards.

APPROVED by Governor April 12, 2001
EFFECTIVE April 12, 2001

H.B. 01-1363 License plates - temporary disabled parking permit and placard - who may verify disability. Includes podiatrists, chiropractors, physical therapists, and professional nurses who are licensed to practice in Colorado among the persons who may verify that a person has a physical impairment for purposes of obtaining a temporary disabled parking permit and placard.

VETOED by Governor June 5, 2001

H.B. 01-1402 Emissions inspection - contract - clean screen - appropriation. Directs the department of public health and environment and the executive director of the department of revenue to renew the motor vehicle enhanced emissions inspection contract to ensure that, on or after December 31, 2001, inspection services in the enhanced program area will not be interrupted by the expiration of the previous contract and that such services will be provided to maximize convenience and minimize costs to vehicle owners. Limits the renewed contract to a term of 2 years, and allows the contract to be renewed for a single 4-year term or to be rebid. Directs the air quality control commission ("commission") to consider alternative technologies for implementation at the end of the 2-year period, and mandates that the new contract require the contractor to provide any such necessary alternative inspection technologies. Repeals the requirement for emissions stickers. Exempts collectors' items of model year 1970 and earlier from the emissions program if the commission so determines. Adjusts the standards for enforcement action against inspection centers and the contractor.

        Authorizes the commission to promulgate a rule to expand the operation of the clean screen motor vehicle emissions inspection program in the enhanced emissions program area. Authorizes operation of the clean screen program in the Larimer and Weld county portions of the basic emissions program area as expeditiously as possible, and allows the Pikes Peak area council of governments to petition the commission to exclude the El Paso county portion of the basic emissions program area.

        If the commission expands the clean screen program:

        Requires the contractor to notify the department of revenue of 1982 and newer motor vehicles it has determined, either through an inspection or a clean screen, comply with the inspection requirements. Allows a county clerk and recorder to issue a registration for a 1982 and newer motor vehicle when the department of revenue notifies the clerk, in accordance with information provided to the department by the contractor, that such vehicle does not need an emissions inspection. Sets fees for inspections. During the 2-year renewal period, requires the commission to hold a hearing to determine such fees during any subsequent renewal or rebid contract, to be based upon costs plus an amount determined by the commission, not to exceed 10% or $25.

        Appropriates $46,490 from the clean screen fund and 0.6 FTE to the department of revenue for programming costs associated with the act.

APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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