S.B. 04-12 Administrative suspension - interlock devices. Removes the requirement that a court or peace officer provide the record that authorizes the department of revenue to administratively revoke the driver's license of the person who tampered with a required interlock device.
APPROVED by Governor March 23, 2004
EFFECTIVE March 23, 2004
S.B. 04-36 Spilling material on highways - penalty. Reclassifies the violation of illegally spilling material from a car or pickup truck from a class B to a class A traffic infraction and increases the penalty and surcharge for said violation from $35 and $5.20, respectively, to $100 and $15, respectively. Reclassifies the violation from a class A traffic infraction to a class 2 misdemeanor traffic offense and increases the penalty and surcharge for the reclassified violation to $500 and $100, respectively, if the violation involves bodily injury to another person.
APPROVED by Governor April 5, 2004
EFFECTIVE July 1, 2004
S.B. 04-110 Trash and recyclable transportation. Prohibits transporting trash or recyclables in a vehicle if the load is not secured by a tarp or some other means. Exempts vehicles that are collecting trash or recyclables so long as the vehicle does not drive more than one mile between collection points.
APPROVED by Governor April 12, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-159 Driving under the influence - delayed or second test samples. Authorizes the department of public health and environment to allow testing of a sample of blood, breath, saliva, or urine to determine the blood alcohol content of a driver without the collection or preservation of a second or delayed sample.
APPROVED by Governor April 1, 2004
EFFECTIVE April 1, 2004
S.B. 04-196 Alcohol offenses - 2 years of interlock before new license - penalties - juvenile court jurisdiction. Requires a person who must hold a restricted license and who is a persistent drunk driver to hold the restricted license and use an interlock device for at least 2 years prior to being eligible for another driver's license.
Raises the penalty for a second or subsequent conviction of a person under 21 years of age driving with a BAC level between 0.02 and 0.05 ("baby DUI") to a class 2 traffic misdemeanor. Allows the prosecution to prosecute in juvenile court a defendant charged with a second violation of baby DUI. Permits the court to sentence a defendant convicted of baby DUI to no more than 24 hours of useful public service, order the defendant to submit to an alcohol evaluation, and order alcohol treatment for the defendant, in addition to other sentencing options.
Permits the court to sentence a defendant who has 2 or more DUI or DWAI convictions to 2 additional years of probation for the purpose of monitoring compliance with court orders.
APPROVED by Governor May 27, 2004
EFFECTIVE July 1, 2004
S.B. 04-230 License plates - special - Vietnam veterans appropriation. Replaces the Vietnam veteran special license plate created by rule with a statutory Vietnam veteran special license plate. Authorizes such plates for trucks less than 12,001 pounds, passenger cars, motorcycles, and recreational vehicles.
Appropriates $8,460 to the department of revenue for the implementation of the act.
APPROVED by Governor June 4, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1017 Minors - drivers' licenses - instruction permits - appropriation. Raises from 6 months to 1 year the required holding period for an instruction permit before a minor may obtain a driver's license. Raises from 15.5 years to 16 years old the age when a person may obtain an instruction permit without first meeting any driver's educational requirements. Authorizes a person who is 15.5 years old to obtain an instruction permit if such person has completed a prequalification driver awareness program.
Authorizes stepparents to assume liability for minor drivers, sign for instruction permits, and accompany certain minors with instruction permits. Extends instruction permits to 3 years.
Instructs the commissioner of insurance to report to the general assembly the effect of graduated drivers' licenses on insurance premiums.
Decreases the general fund appropriation to the department of revenue by $49,261 and 0.8 FTE, reflecting a cost savings due to the implementation of this act.
APPROVED by Governor May 28, 2004
EFFECTIVE July 1, 2004
H.B. 04-1021 Consumption of alcohol - driving under the influence - reduced blood alcohol content - tastings - local authorization - hotel or restaurant licensee - partially consumed container of vinous liquor - reseal and remove container from premises - appropriation. For purposes of determining whether a person is driving under the influence of alcohol, lowers the blood alcohol content level to 0.08 grams of alcohol per 100 milliliters of blood or per 210 liters of breath. Defines "tastings" to mean the sampling of malt, vinous, or spiritous liquors on the premises of certain liquor licensees. Permits a county, city and county, or municipality to adopt an ordinance or resolution that authorizes tastings subject to certain limitations. Increases to $1,000 the amount of malt, vinous, and spiritous liquors that a hotel and restaurant licensee may annually purchase from a retail liquor store. Authorizes a hotel or restaurant licensee to permit a customer to reseal and remove from the premises one opened container of partially consumed vinous liquor under certain circumstances.
For the 2004-05 fiscal year, appropriates $83,950 and 0.4 FTE from the driver's license administration revocation account in the highway users tax fund to the department of revenue, and appropriates $8,377 and 0.2 FTE from the general fund to the judicial department for the implementation of the act.
Makes a 4-year statutory appropriation as follows: For fiscal year 2005-06, appropriates $76,414 from the capital construction fund to the corrections expansion reserve fund; for fiscal year 2006-07, appropriates $90,307 from the capital construction fund to the corrections expansion reserve fund and appropriates $19,445 in general fund moneys to the department of corrections; for fiscal year 2007-08, appropriates $13,893 from the capital construction fund to the corrections expansion reserve fund and appropriates $42,425 in general fund moneys to the department of corrections; for fiscal year 2008-09, appropriates $69,467 from the corrections expansion reserve fund to the capital construction fund and appropriates $45,960 in general fund moneys to the department of corrections.
APPROVED by Governor May 21, 2004
EFFECTIVE July 1, 2004
H.B. 04-1025 Diesel vehicles - emissions inspections. Exempts a new diesel vehicle from getting an emissions inspection when it is sold, unless the current emissions certificate expires within 12 months.
APPROVED by Governor April 5, 2004
EFFECTIVE July 1, 2004
H.B. 04-1034 Driver's licenses - internet renewal - restrictions - implementation. Allows a driver to renew his or her driver's license via the internet when the driver is at least 21 years of age but under 61 years of age and the driver has paid a fee and any outstanding fines or penalties. Allows the department of revenue (department) to promulgate rules to implement internet renewals. Requires the department to submit to the commission on information and technology the department's plan to implement internet renewal of driver's licenses prior to implementing internet renewal. Requires the department to develop and implement information security programs. Requires the department to report to the transportation legislation review committee the steps taken to accomplish internet renewals.
APPROVED by Governor May 28, 2004
EFFECTIVE May 28, 2004
H.B. 04-1042 Proof of insurance - registration - compulsory insurance for motorcycles. Recreates the provision that requires an applicant to demonstrate proof of insurance at the time the applicant registers a motor vehicle. Includes motorcycles within the definition of a "motor vehicle" for the purposes of compulsory motor vehicle insurance.
APPROVED by Governor February 20, 2004
EFFECTIVE February 20, 2004
H.B. 04-1062 Motor vehicles - abandonment at repair shops. Establishes a process to be followed by a motor vehicle repair shop at which a motor vehicle worth $2,000 or less has been abandoned in order to sell the abandoned motor vehicle, as follows:
● Requires as a threshold matter that the repair shop conduct or cause to be conducted an appraisal of the motor vehicle at least 15 days, but no more than 30 days, after the date of abandonment.
● Within 5 working days of the completion of the appraisal, requires the repair shop to provide notice to local law enforcement officials of the motor vehicle so that they can determine whether it was reported stolen. Requires the notice to include the name and location of the repair shop and a description of the abandoned motor vehicle, including the make, model, color, and year; the number, issuing state, and expiration date of the license plate; and the vehicle identification number.
● Requires the law enforcement agency receiving notice of an abandoned motor vehicle to determine whether the vehicle has been reported stolen, and, if it has, to recover and secure the motor vehicle, notify the rightful owner of the recovery, and terminate abandonment proceedings.
● No later than 10 working days following notification from the law enforcement agency to the repair shop that an abandoned motor vehicle has not been reported stolen, requires the repair shop to report the abandonment of the motor vehicle to the department of revenue by internet communication on a form prescribed and supplied by the department for that purpose.
● Requires the abandonment report to contain information regarding:
● The fact of possession, including the date the motor vehicle was left at the repair shop, the location of the repair shop, the identity of the law enforcement agency determining that the vehicle was not reported stolen, and the case number; and
● A description of the motor vehicle, including the make, model, color, and year; the number, issuing state, and expiration date of the license plate; any other indicia of the motor vehicle's state or origin; the appraised value of the motor vehicle; and the vehicle identification number.
● No later than 10 working days following the deadline for submission of the abandonment report, requires the repair shop to obtain from the department of revenue correct owner of record and lienholder information for the motor vehicle.
● No later than 10 working days following the repair shop's receipt of owner of record and lienholder information for the motor vehicle, requires the repair shop to notify by certified mail the owner of record and all lienholders of its possession of the motor vehicle.
● Requires that the notice contain the following information: A statement that the motor vehicle has been reported abandoned to the department of revenue; the location of the repair shop; and a statement that the motor vehicle is subject to sale unless claimed within 30 calendar days after the mailing date of the notice.
● Requires the repair shop to sell the motor vehicle in a commercially reasonable manner not less than 30 nor more than 60 days after the mailing date of the notice.
● Specifies that if the sale price of the motor vehicle is $200 or less, the sale may be made only for the purpose of dismantling the motor vehicle, and that if the sale price is more than $200, the sale may be made for any purpose, but the motor vehicle shall be deemed to be a salvage vehicle for which the purchaser may only obtain a salvage title.
APPROVED by Governor April 23, 2004
EFFECTIVE January 1, 2005
H.B. 04-1076 Prohibitions - driving in passing lane. If the speed limit is 65 miles per hour or more, prohibits driving in the passing lane of a highway except when passing or turning left, or when the volume of traffic does not permit the motor vehicle to safely return to a nonpassing lane.
APPROVED by Governor March 17, 2004
EFFECTIVE July 1, 2004
H.B. 04-1088 Special license plates - military - weight restrictions - fees. Raises from 6,500 to 12,000 pounds the weight of a motor vehicle that may be issued special military license plates without paying a fee.
APPROVED by Governor March 8, 2004
EFFECTIVE July 1, 2004
H.B. 04-1193 Penalties for operating a motor vehicle without insurance - fines - driver's license suspension - registration suspension. Increases the mandatory fines associated with operating a motor vehicle on a public highway without a complying policy of insurance or certificate of self-insurance. Allows the court to suspend up to 1/2 of the fine imposed. Directs moneys from the fines imposed for failing to operate a motor vehicle without insurance to the law enforcement agency that cited the violation and to the clerk and recorder of the county in which the person was cited.
Requires the director of the department of revenue to suspend the registration of a motor vehicle operated by a person without proof of a complying policy of insurance until the violator files proof of future financial responsibility for specified periods. Increases the fines associated with offering fraudulent proof of future financial responsibility requirements.
Applies the penalty provisions of the act to persons cited for driving without proof of insurance and fines imposed upon these persons on and after January 1, 2005.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
H.B. 04-1197 Devices - obscuring a license plate - interfering with a traffic control device. Prohibits using a device that causes a license plate to be unreadable by an automated vehicle identification system. Punishes a violation with a $100 fine. Clarifies that using an electronic device that causes a traffic light to change is a violation of the prohibition against interfering with a traffic control device.
APPROVED by Governor April 7, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1199 Nonfelony traffic matters - minors under the age of 18 years - penalty assessment notice - content - parent or legal guardian of minor - notarized signature - court appearance - failure to appear - penalty - forgery of penalty assessment notice - suspension of driver's license. Establishes procedures to be followed by law enforcement, the courts, and the department of revenue in nonfelony traffic matters involving minors under the age of 18 years. Requires a penalty assessment notice issued and served on a minor under the age of 18 years to contain certain information.
Requires the notarized signature of a parent or legal guardian of a minor under the age of 18 years to be affixed to a penalty assessment notice under certain circumstances. Requires a parent or legal guardian of a minor under the age of 18 years to appear in court with the minor on certain traffic matters. Specifies penalties for the failure of a minor and the minor's parent or legal guardian to appear in court.
Requires the department of revenue to suspend the license of a person who is convicted of an offense involving the forgery of a penalty assessment notice issued to a minor under the age of 18 years.
APPROVED by Governor May 28, 2004
EFFECTIVE July 1, 2005
H.B. 04-1231 Commercial drivers' licenses - authority of department of revenue - issuance of licenses - disqualification - information sharing - conformity with federal law. Directs the department of revenue (department) to adopt and effectuate any licensing sanction imposed by federal statutes or rules governing commercial motor vehicle safety.
Requires the department to maintain, for at least 3 years, records of a commercial driver's license application and of the applicant's convictions, disqualifications, and licensing actions affecting commercial driving privileges. Directs the department to share such information with law enforcement authorities, the federal secretary of transportation, prospective employers, and the applicant upon request.
Prohibits the issuance of a commercial driver's license to any person who is subject to a federal disqualification order based on an imminent hazard to public safety. Requires prior clearance by the federal transportation security administration before a person may obtain, renew, upgrade, or transfer a hazardous materials endorsement. For purposes of such clearance, allows fingerprinting of an applicant for a hazardous materials endorsement by any authorized person or agency. Prohibits the holder of a commercial driving learner's permit from obtaining a hazardous materials endorsement.
Specifies certain state-law offenses pertaining to drinking and driving, and pertaining to conduct at or near railroad crossings, as those covered by the terms "driving under the influence" and "railroad crossing offense" in federal law and rules.
Applies to offenses committed and commercial drivers' licenses issued or renewed on or after July 1, 2005.
APPROVED by Governor May 21, 2004
EFFECTIVE July 1, 2005
H.B. 04-1262 Automated vehicle identification system - traffic control signal - notice. Requires a jurisdiction using an automated vehicle identification system to detect traffic control signal disobedience to conspicuously post a sign at a reasonable distance notifying the public of the automated vehicle identification system.
APPROVED by Governor April 7, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1368 Financial responsibility - department of revenue - accident report - repeal. Repeals the requirement that the owner or operator of a motor vehicle file a report with the department of revenue after a motor vehicle accident if such person failed to comply with the financial responsibility law.
APPROVED by Governor April 13, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1386 Registration - salvaged motor vehicles - salvage notice - brands. Requires a physical brand to be placed on a vehicle that has been rebuilt from salvage before the vehicle is titled. Sets standards for such brand. Punishes a person who removes or alters a salvage brand or who knowingly possesses a motor vehicle for 45 days with a removed or altered salvage brand. Exempts persons who need to remove or alter a salvage brand to make legitimate repairs.
Lowers from 8 to 6 years the age of a vehicle to which the salvage brand and title provisions apply.
APPROVED by Governor May 21, 2004
EFFECTIVE July 1, 2004
H.B. 04-1400 Motor vehicles - warranties - contractual obligations. Requires the warranty contract included with a vehicle protection product to:
● Identify in the contract the warrantor, the seller, the warranty holder, and the terms of the sale;
● State that the warranty obligations are guaranteed under a warranty reimbursement insurance policy;
● State that, if the payment due under the terms of the warranty is not provided by the warrantor within 60 days, the warranty holder may file directly with the warranty reimbursement insurance company;
● State the name and address of the warranty reimbursement insurance company; and
● State "This agreement is a product warranty and is not insurance."
Requires warranty reimbursement insurance policies to state that the warranty reimbursement insurance company will reimburse or pay on behalf of the vehicle protection product warrantor all covered sums or services. Requires warranty reimbursement insurance policies to state that, if the payment due is not provided by the warrantor within 60 days after proof of loss has been filed, the warranty holder may file directly with the warranty reimbursement insurance company.
Clarifies that a vehicle protection warranty is not insurance for the purposes of laws regulating the business of insurance.
APPROVED by Governor May 12, 2004
EFFECTIVE July 1, 2004
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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.