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Session Laws of Colorado 2003
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CHAPTER 230
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GOVERNMENT - STATE
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SENATE BILL 03-271 [Digest]
BY SENATOR(S) Owen, Reeves, and Teck;
also REPRESENTATIVE(S) Young, Plant, and Witwer.
AN ACT
Concerning the augmentation of the general fund through transfers of certain moneys.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 24-4.2-103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
24-4.2-103. Victims and witnesses assistance and law enforcement fund - control of fund. (6) Notwithstanding any provision of this section to the contrary, on June 30, 2004, the state treasurer shall transfer up to one million dollars of locally unencumbered moneys in the fund to the general fund.
SECTION 2. 24-4.2-104 (1) (a) (I), (1) (a) (II) (A), and (1) (b) (I), Colorado Revised Statutes, are amended to read:
24-4.2-104. Surcharges levied on criminal actions and traffic offenses. (1) (a) (I) A surcharge equal to thirty-seven percent of the fine imposed for each felony, misdemeanor, or class 1 or class 2 misdemeanor traffic offense, or a surcharge of one hundred twenty-five one hundred sixty-two dollars and fifty cents for felonies, sixty seventy-eight dollars for misdemeanors, thirty-five forty-five dollars and fifty cents for class 1 misdemeanor traffic offenses, and twenty-five thirty-two dollars and fifty cents for class 2 misdemeanor traffic offenses, whichever amount is greater, except as otherwise provided in paragraph (b) of this subsection (1), is hereby levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to state statute, or upon each petition alleging that a child is delinquent that results in a finding of guilty pursuant to part 8 of article 2 of title 19, C.R.S., or a deferral of adjudication pursuant to section 19-2-709, C.R.S. These surcharges shall be paid to the clerk of the court by the defendant. Each clerk shall transmit the moneys to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district; except that, on and after the effective date of this subparagraph (I), as amended, each clerk shall transmit the portion of the surcharge attributable to the increase in the surcharge enacted during the first regular session of the sixty-fourth general assembly to the state treasurer who shall credit such sum to the general fund.
(II) (A) In addition to any other surcharge provided for in this section, a surcharge of one thousand three hundred dollars shall be levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to the statutes listed in sub-subparagraph (B) of this subparagraph (II). These surcharges shall be paid to the clerk of the court by the defendant. Any moneys collected by the clerk pursuant to this subparagraph (II) shall be transmitted to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district; except that, on and after the effective date of this sub-subparagraph (A), as amended, the portion of the surcharge attributable to the increase in the surcharge enacted during the first regular session of the sixty-fourth general assembly shall be transmitted to the state treasurer who shall credit such sum to the general fund.
(b) (I) A surcharge shall be levied against a penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701, C.R.S. The amount of such surcharge shall be the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4), C.R.S., or, if no amount is specified, thirty-seven percent of the penalty imposed. All moneys collected by the department of revenue pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the infraction occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district as provided in section 42-1-217, C.R.S.; except that, on and after the effective date of this subparagraph (I), as amended, the portion of the surcharge attributable to the increase in the surcharge enacted during the first regular session of the sixty-fourth general assembly shall be transmitted to the state treasurer who shall credit such sum to the general fund. Surcharges paid to the clerk of the court pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district; except that, on and after the effective date of this subparagraph (I), as amended, the portion of the surcharge attributable to the increase in the surcharge enacted during the first regular session of the sixty-fourth general assembly shall be transmitted to the state treasurer who shall credit such sum to the general fund.
SECTION 3. 25-4-1708, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
25-4-1708. Fund created. (4) Notwithstanding any provision of this section to the contrary, on July 1, 2003, the state treasurer shall deduct two hundred forty thousand dollars from the infant immunization fund and transfer such sum to the general fund.
SECTION 4. 25-17-202 (3) (b) (II), Colorado Revised Statutes, is amended to read:
25-17-202. Waste tire recycling development fee - cash fund created - repeal. (3) (b) On and after July 1, 2000, the remaining moneys in the fund shall be subject to annual appropriation or transfer by the general assembly as follows:
(II) (A) The remaining funds shall be transferred to the advanced technology fund on a quarterly basis, for the purposes described in section 23-1-106.5 (9), C.R.S. The transfer of funds shall be made on June 1, 2001, and at the end of each quarter of each successive fiscal year. Such additional transfers as may be necessary to bring the waste tire recycling development cash fund into compliance with the limit on uncommitted cash fund reserves, as specified in section 24-75-402, C.R.S., may also be made during the fiscal year.
(B) Notwithstanding any provision of this section to the contrary, on June 1, 2003, and at the end of each quarter for fiscal year 2003-04, the state treasurer shall transfer the balance of moneys in the advanced technology fund to the general fund.
SECTION 5. 33-14.5-106, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
33-14.5-106. Off-highway vehicle recreation fund - creation - use of moneys. (3) Notwithstanding any provision of this section to the contrary, on January 1, 2004, the state treasurer shall deduct seven hundred thousand dollars from the off-highway vehicle recreation fund and transfer such sum to the general fund.
SECTION 6. 34-32-122 (3) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
34-32-122. Fees, civil penalties, and forfeitures - deposit - emergency response cash fund - created. (3) (a) (IV) Notwithstanding any provision of this subsection (3) to the contrary, on July 1, 2003, the state treasurer shall deduct four hundred eighty-six thousand six hundred thirteen dollars from the emergency response cash fund and transfer such sum to the general fund.
SECTION 7. 39-29-109 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
39-29-109. Severance tax trust fund - created - administration - use of moneys. (1) (h) Notwithstanding any other provision of this section to the contrary, on June 30, 2004, the state treasurer shall deduct four million six hundred thousand dollars from the operational account of the severance tax trust fund created in subparagraph (II) of paragraph (a) of this subsection (1) and transfer such sum to the general fund.
SECTION 8. 42-4-1701 (4) (a) (I), (4) (a) (II), and (4) (a) (III) (A), Colorado Revised Statutes, are amended to read:
42-4-1701. Traffic offenses and infractions classified - penalties - penalty and surcharge schedule - repeal. (4) (a) (I) Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which the provisions of paragraph (a) or (b) of subsection (5) of this section apply shall be fined or penalized, and have a surcharge levied thereon pursuant to section 24-4.2-104 (1) (b) (I), C.R.S., in accordance with the penalty and surcharge schedule set forth in sub-subparagraphs (A) to (P) of this subparagraph (I); or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions shall be fifteen dollars, and the surcharge shall be two dollars. These penalties and surcharges shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections shall be as follows:
Section Violated 60; & #160; ;Penalty ; 60; Surcharge
(A) Drivers' license violations:
42-2-101 (1) or
(4) &
#160;
; $ 35.00
42-2-101 (2), (3), or (5) & #160; ; 60; 15.00 &# 160; 2.00 2.60
42-2-103 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-2-105 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-2-105.5 &# 160; 60; & #160; 35.00 60; 4.00 5.20
42-2-106 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-2-116 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-2-119 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-2-134 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-2-136 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-2-139 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-2-140 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-2-141 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
(B) Registration and taxation violations:
42-3-103 60; & #160; ; 60; $ 50.00 & #160; ; $ 6.00 7.80
42-3-112 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-3-123 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-3-127 60; & #160; ; 60; 50.00&# 160; 6.00 7.80
42-3-133 (1)(a) 60; & #160; ; 75.00 0; 9.00 11.70
42-3-133 (1)(c) 60; & #160; ; 35.00 0; 4.00 5.20
42-3-133 (1)(f), (1)(g),
and (1)(h) 60; & #160; 75.00 0; &# 160; 9.00 11.70
42-3-134 60; & #160; ; 60; 50.00&# 160; 6.00 7.80
(C) Traffic regulation generally:
42-4-1412 &# 160; 60; & #160; $ 15.00 60; $ 2.00 2.60
42-4-109 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-1211 &# 160; 60; & #160; 15.00 60; 2.00 2.60
42-4-1405 &# 160; 60; & #160; 15.00 60; 2.00 2.60
(D) Equipment violations:
42-4-201 60; & #160; ; 60; $ 35.00 & #160; ; $ 4.00 5.20
42-4-202 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-204 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-205 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-206 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-207 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-208 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-209 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-210 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-211 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-212 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-213 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-214 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-215 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-216 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-217 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-218 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-219 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-220 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-221 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-222 (1) & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-223 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-224 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-225 (1) & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-226 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-227 (1) & #160; ; 60; 50.00&# 160; 6.00 7.80
42-4-227 (2) & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-228 (1), (2), (3), (5), or (6) & #160; 15.00 0; 2.00 2.60
42-4-229 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-230 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-231 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-232 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-233 60; & #160; ; 60; 75.00&# 160; 9.00 11.70
42-4-234 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-235 60; & #160; ; 60; 50.00&# 160; 6.00 7.80
42-4-236 60; & #160; ; 60; 50.00&# 160; 6.00 7.80
42-4-237 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-1411 &# 160; 60; & #160; 15.00 60; 2.00 2.60
42-4-1412 &# 160; 60; & #160; 15.00 60; 2.00 2.60
42-4-1901 &# 160; 60; & #160; 35.00 60; 4.00 5.20
(E) Emissions inspections:
42-4-313 (3)(c) 60; & #160; ; $ 50.00 60; $ 6.00 7.80
42-4-313 (3)(d) 60; & #160; ; 15.00 0; 2.00 2.60
(F) Size, weight, and load violations:
42-4-502 60; & #160; ; 60; $ 75.00 & #160; ; $9.00 11.70
42-4-503 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-504 60; & #160; ; 60; 75.00&# 160; 9.00 11.70
42-4-505 60; & #160; ; 60; 75.00&# 160; 9.00 11.70
42-4-506 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-509 60; & #160; ; 60; 50.00&# 160; 6.00 7.80
42-4-510 (12)(a) 0; &# 160; 35.00 ; 60; 4.00 5.20
42-4-106 (1), (3), (4), (6), or (7) & #160; 35.00 0; 4.00 5.20
42-4-106 (5)(a)(I) 60; & #160; ;100.00 0; 12.00 15.60
42-4-106 (5)(a)(II) 60; & #160; 500.00 0; 60.00 78.00
42-4-51275.00 ; 60; & #160; ; 60; & #160; 9.00 11.70
42-8-105 (1) to (5) & #160; ; 60;50.00 60; & #160; 6.00 7.80
42-8-106 60; & #160; ; 60; 50.00&# 160; 6.00 7.80
(G) Signals, signs, and markings violations:
42-4-603 60; & #160; ; 60; $ 35.00 & #160; ; $ 4.00 5.20
42-4-604 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-605 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-606 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-607 60; & #160; ; 60; 50.00&# 160; 6.00 7.80
42-4-608 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-609 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-610 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-612 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-613 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
(H) Rights-of-way violations:
42-4-701 60; & #160; ; 60; $ 35.00 & #160; ; $ 4.00 5.20
42-4-702 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-703 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-704 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-705 60; & #160; ; 60; 50.00&# 160; 6.00 7.80
42-4-706 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-707 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-708 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-709 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-710 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-711 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-712 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
(I) Pedestrian violations:
42-4-801 60; & #160; ; 60; $ 15.00 & #160; ; $ 2.00 2.60
42-4-802 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-803 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-805 60; & #160; ; 60; 15.00&# 160; 2.00 2.60
42-4-806 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-807 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-808 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
(J) Turning and stopping violations:
42-4-901 60; & #160; ; 60; $ 35.00 & #160; ; $ 4.00 5.20
42-4-902 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-903 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
(K) Driving, overtaking, and passing violations:
42-4-1001 &# 160; 60; & #160; $ 35.00 $&# 160;4.00 5.20
42-4-1002 &# 160; 60; & #160; 35.00 60; 4.00 5.20
42-4-1003 &# 160; 60; & #160; 35.00 60; 4.00 5.20
42-4-1004 &# 160; 60; & #160; 35.00 60; 4.00 5.20
42-4-1005 &# 160; 60; & #160; 35.00 60; 4.00 5.20
42-4-1006 &# 160; 60; & #160; 35.00 60; 4.00 5.20
42-4-1007 &# 160; 60; & #160; 35.00 60; 4.00 5.20
42-4-1008 &# 160; 60; & #160; 35.00 60; 4.00 5.20
42-4-1009 &# 160; 60; & #160; 35.00 60; 4.00 5.20
42-4-1010 &# 160; 60; & #160; 35.00 60; 4.00 5.20
42-4-1011 &# 160; 60; & #160; 100.00 60; 12.00 15.60
42-4-1012 (3)(a) 60; 65.00 & #160; ; (NONE)
42-4-1012 (3)(b) 60; 125.00 60; (NONE)
(L) Speeding violations:
42-4-1101 (1) or (8)(b) (1 to 4 miles
per hour over the reasonable and
prudent speed or over the maximum
lawful speed limit of 75 miles
per hour) 60; & #160; ;$ 15.00 60; & #160;$ 2.00 2.60
42-4-1101 (1) or (8)(b) (5 to 9 miles
per hour over the reasonable and
prudent speed or over the maximum
lawful speed limit of 75 miles
per hour) 60; & #160; ; 35.00 0; &# 160; 4.00 5.20
42-4-1101 (1) or (8)(b) (10 to 19 miles
per hour over the reasonable and
prudent speed or over the maximum
lawful speed limit of 75 miles
per hour) 60; & #160; ; 50.00 0; &# 160; 6.00 7.80
42-4-1101 (1) or (8)(b) (20 to 24 miles
per hour over the reasonable and
prudent speed or over the maximum
lawful speed limit of 75 miles
per hour) 60; & #160; ; 100.00 60; 12.00 15.60
42-4-1101 (3) & #160; ; 60; 35.00 &# 160; 4.00 5.20
42-4-1103 &# 160; 60; & #160; 15.00 60; 2.00 2.60
42-4-1104 &# 160; 60; & #160; 15.00 60; 2.00 2.60
(M) Parking violations:
42-4-1201 &# 160; 60; & #160; $ 15.00 60; $ 2.00 2.60
42-4-1202 &# 160; 60; & #160; 15.00 60; 2.00 2.60
42-4-1204 &# 160; 60; & #160; 15.00 60; 2.00 2.60
42-4-1205 &# 160; 60; & #160; 15.00 60; 2.00 2.60
42-4-1206 &# 160; 60; & #160; 15.00 60; 2.00 2.60
42-4-1207 &# 160; 60; & #160; 15.00 60; 2.00 2.60
42-4-1208 (6) or (9) & #160; ; 100.00 60; & #160; 12.00 15.60
(N) Other offenses:
42-4-1301 (2)(a.5) 0; &# 160; $ 50.00 0; $ < span style="text-decoration: line-through">6.00 7.80
42-4-1402 &# 160; 60; & #160; 50.00 60; 6.00 7.80
42-4-1403 &# 160; 60; & #160; 15.00 60; 2.00 2.60
42-4-1404 &# 160; 60; & #160; 15.00 60; 2.00 2.60
42-4-1406 &# 160; 60; & #160; 35.00 60; 4.00 5.20
42-4-1407 &# 160; 60; & #160; 35.00 60; 4.00 5.20
42-4-314 60; & #160; ; 60; 35.00&# 160; 4.00 5.20
42-4-1408 &# 160; 60; & #160; 15.00 60; 2.00 2.60
42-4-1414 (2)(a) 60; 500.00 60.00 78.00
42-4-1414 (2)(b) 60; 1,000.00 0; 120.00 156.00
42-4-1414 (2)(c)5,000.00600.00 780.00
(O) Motorcycle violations:
42-4-1502 &# 160; 60; & #160; $ 15.00 60; $ 2.00 2.60
42-4-1503 &# 160; 60; & #160; 15.00 60; 2.00 2.60
42-4-1504 &# 160; 60; & #160; 15.00 60; 2.00 2.60
(P) Offenses by persons controlling vehicles:
42-4-1704 &# 160; 60; & #160; $ 15.00 60; $ 2.00 2.60
(II) Any person convicted of violating section 42-4-507 or 42-4-508 shall be fined pursuant to this subparagraph (II), whether the defendant acknowledges the defendant's guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction. Any violation of section 42-4-507 or 42-4-508 shall be punished by a fine and surcharge as follows:
Excess Weight
- Pounds 0; &# 160; Penalty ; 60; Surcharge
1 - 3,000 60; $ 15.00& #160; ; 60; & #160;$ 5.00 6.50
3,001
-
4,250
60; 25.00
4,251
-
4,500
60; 50.00
4,501
-
4,750
60; 55.00
4,751
-
5,000
60; 60.00
5,001
-
5,250
60; 65.00
5,251
-
5,500
60; 75.00
5,501
-
5,750
60; 85.00
5,751
-
6,000
60; 95.00
6,001 - 6,250 60; 105.00 & #160; ; 60; 38.00 49.40
6,251 - 6,500 60; 125.00 & #160; ; 60; 46.00 59.80
6,501 - 6,750 60; 145.00 & #160; ; 60; 53.00 68.90
6,751 - 7,000 60; 165.00 & #160; ; 60; 61.00 79.30
7,001 - 7,250 60; 185.00 & #160; ; 60; 68.00 88.40
7,251 - 7,500 60; 215.00 & #160; ; 60; 80.00 104.00
7,501 - 7,750 60; 245.00 & #160; ; 60; 90.00 117.00
7,751 - 8,000 60; 275.00 & #160; ; 60; 101.00 131.30
8,001 - 8,250 60; 305.00 & #160; ; 60; 112.00 145.60
8,251 - 8,500 60; 345.00 & #160; ; 60; 127.00 165.10
8,501 - 8,750 60; 385.00 & #160; ; 60; 142.00 184.60
8,751 - 9,000 60; 425.00 & #160; ; 60; 157.00 204.10
9,001 - 9,250 60; 465.00 & #160; ; 60; 172.00 223.60
9,251 - 9,500 60; 515.00 & #160; ; 60; 190.00 247.00
9,501 - 9,750 60; 565.00 & #160; ; 60; 209.00 271.70
9,751 - 10,000 0; &# 160; 615.00 60; & #160; 227.00 295.10
10,001 - 10,250 0; &# 160; 665.00 60; & #160; 246.00 319.80
Over 10,250 & #160; ; 60;$ 30.00 & #160; ; 60; $ 11.00 14.30
0; &# 160; 60; for each 60; for each
0; &# 160; 60; 250 pounds 0; 250 pounds
&# 160; 60; additional 60; additional
0; &# 160; 60; overweight, 0; &# 160; overweight,
0; &# 160; 60; plus $ 665.00 60; plus $ 246.00
(III) Any person convicted of violating any of the rules and regulations promulgated pursuant to section 42-4-510, except section 42-4-510 (2) (b) (IV), shall be fined as follows, whether the violator acknowledges the violator's guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction:
(A) Any person who violates the maximum permitted weight on an axle or on gross weight shall be punished by a fine and surcharge as follows:
Excess Weight Above Maximum
Permitted Weight - Pounds Penalty ; 60; Surcharge
1 - 2,500 60; $ 50.00 & #160; ; $ 18.00 23.40
2,501 - 5,000 60; & #160; 100.00 0; &# 160; 37.00 48.10
5,001 - 7,500 60; & #160; 200.00 0; &# 160; 74.00 96.20
7,501 - 10,000 0; &# 160; 400.00 0; &# 160; 148.00 192.40
Over 10,000& #160; ; 60; $150.00 60; $ 55.00 71.50
0; &# 160; 60; for each 1,000 for each 1,000
0; &# 160; 60; pounds additional pounds additional
0; &# 160; 60; overweight, plus & #160; overweight, plus
0; &# 160; 60; $400.00 60; $148.00
SECTION 9. 42-1-217 (4), Colorado Revised Statutes, is amended to read:
42-1-217. Disposition of fines and surcharges. (4) All moneys collected by the department as surcharges on penalty assessments issued for violations of a class A or a class B traffic infraction or a class 1 or a class 2 misdemeanor traffic offense, pursuant to section 42-4-1701, shall be transmitted to the court administrator of the judicial district in which the offense or infraction was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district; except that, on and after the effective date of this subsection (4), as amended, the portion of the surcharge attributable to the increase in the surcharge on penalty assessments issued for violations of a class A or a class B traffic infraction or a class 1 or a class 2 misdemeanor traffic offense, pursuant to section 42-4-1701, enacted during the first regular session of the sixty-fourth general assembly shall be transmitted to the state treasurer who shall credit such sum to the general fund.
SECTION 10. Applicability. This act shall apply to class A or class B traffic infractions or class 1 or class 2 misdemeanor traffic offenses committed on or after the effective date of this act.
SECTION 11. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.
Approved: May 1, 2003
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Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.
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