Amendments for SB20-070

Senate Journal, March 2
After consideration on the merits, the Committee recommends that SB20-070 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.

Amend printed bill, page 3, strike lines 12 through 27 and substitute:

"SECTION 2. In Colorado Revised Statutes, 42-1-217, amend
(1) introductory portion, (2), and (4)(a); and add (1.5) and (5) as follows:
42-1-217. Disposition of fines and surcharges. (1) All judges,
clerks of a court of record, or other officers imposing or receiving fines,
penalties, or forfeitures, except those moneys MONEY received pursuant
to sections 42-4-313 (3), 42-4-413, 42-4-1409, 42-4-1701 (4)(a)(I),
(4)(a)(IV), (4)(a)(V), OR (5)(a), 42-8-105, and 42-8-106, collected
pursuant to or as a result of a conviction of any persons for a violation of
articles 1 to 4 (except part 3 of article 2) of this title TITLE 42, shall
transmit, within ten days after the date of receipt of any such fine,
penalty, or forfeiture, all such moneys MONEY so collected in the
following manner:
(1.5) WHEN MONEY IS COLLECTED PURSUANT TO SECTION
42-4-1701 (4)(a)(I), (4)(a)(IV), OR (4)(a)(V):
(a) A PERSON WHO COLLECTS THE FINE, PENALTY, OR FORFEITURE
THAT IS THIRTY DOLLARS OR LESS SHALL TRANSMIT FIFTY PERCENT OF
THE MONEY COLLECTED TO THE CHIEF FINANCIAL OFFICER OF THE COUNTY
IN WHICH THE VIOLATION OCCURRED AND DISTRIBUTE THE REMAINDER
PURSUANT TO SUBSECTION (1) OF THIS SECTION;
(b) A PERSON WHO COLLECTS THE FINE, PENALTY, OR FORFEITURE
THAT IS MORE THAN THIRTY DOLLARS BUT LESS THAN ONE HUNDRED
DOLLARS SHALL TRANSMIT TWENTY PERCENT OF THE MONEY COLLECTED
TO THE CHIEF FINANCIAL OFFICER OF THE COUNTY IN WHICH THE
VIOLATION OCCURRED AND DISTRIBUTE THE REMAINDER PURSUANT TO
SUBSECTION (1) OF THIS SECTION; AND
(c) A PERSON WHO COLLECTS THE FINE, PENALTY, OR FORFEITURE
THAT IS OVER ONE HUNDRED DOLLARS SHALL DISTRIBUTE THE MONEY
PURSUANT TO SUBSECTION (1) OF THIS SECTION.
(2) (a) Except for the first fifty cents of any penalty for a traffic
infraction, which shall be retained by the department and used SHALL
RETAIN AND USE for administrative purposes, moneys THE DEPARTMENT
SHALL TRANSMIT THE MONEY collected by the department pursuant to
section 42-4-1701 (5)(a) shall be transmitted to the state treasurer, who
shall credit the same to the highway users tax fund for allocation and
expenditure as specified in section 43-4-205 (5.5)(a); C.R.S.; except that:
(I) moneys MONEY collected pursuant to section 42-4-1701 (5)(a)
for a violation of section 42-4-237 shall be allocated pursuant to
paragraph (e) of subsection (1) SUBSECTION (1)(e) of this section; AND
(II) IF THE PENALTY IS SPECIFIED IN SECTION 42-4-1701 (4)(a)(I),
(4)(a)(IV), OR (4)(a)(V) AND THE AMOUNT COLLECTED IS LESS THAN ONE
HUNDRED DOLLARS, THE DEPARTMENT SHALL TRANSMIT THE MONEY
COLLECTED PURSUANT TO SECTION 42-4-1701 (5)(a) AS FOLLOWS:
(A) FOR AN OFFENSE FOR WHICH THE PENALTY IS THIRTY DOLLARS
OR LESS, FIFTY PERCENT OF THE MONEY COLLECTED TO THE CHIEF
FINANCIAL OFFICER OF THE COUNTY IN WHICH THE VIOLATION OCCURRED
AND THE REMAINING FIFTY PERCENT OF THE MONEY TO THE STATE
TREASURER; AND
(B) FOR AN OFFENSE FOR WHICH THE PENALTY IS MORE THAN
THIRTY DOLLARS BUT LESS THAN ONE HUNDRED DOLLARS, TWENTY
PERCENT OF THE MONEY COLLECTED TO THE CHIEF FINANCIAL OFFICER OF
THE COUNTY IN WHICH THE VIOLATION OCCURRED AND THE REMAINING
EIGHTY PERCENT OF THE MONEY TO THE STATE TREASURER.
(b) THE STATE TREASURER SHALL CREDIT ANY MONEY
TRANSFERRED TO THE STATE TREASURER PURSUANT TO THIS SUBSECTION
(2) TO THE HIGHWAY USERS TAX FUND FOR ALLOCATION AND
EXPENDITURE AS SPECIFIED IN SECTION 43-4-205 (5.5)(a); EXCEPT THAT
MONEY COLLECTED PURSUANT TO SECTION 42-4-1701 (5)(a) FOR A
VIOLATION OF SECTION 42-4-237 SHALL BE ALLOCATED PURSUANT TO
SUBSECTION (1)(e) OF THIS SECTION.
(4) (a) All moneys MONEY 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 and credited fifty percent to the victims and witnesses
assistance and law enforcement fund established in that judicial district
and fifty percent to the crime victim compensation fund established in
that judicial district. THE DEPARTMENT SHALL REPORT TO THE COURT
ADMINISTRATOR OF EACH JUDICIAL DISTRICT THE NUMBER OF OFFENSES
AND INFRACTIONS COMMITTED FOR WHICH A SURCHARGE WAS COLLECTED
AND CREDITED TO THE DISTRICT'S VICTIMS AND WITNESSES ASSISTANCE
AND LAW ENFORCEMENT FUND.
(5) A COUNTY THAT RECEIVES FUNDS PURSUANT TO THIS SECTION
SHALL USE THOSE FUNDS FOR TRAFFIC SAFETY IMPROVEMENTS, TRAFFIC
ENFORCEMENT, PROSECUTION OF TRAFFIC VIOLATIONS, OR ANY OTHER
USE CONSISTENT WITH SECTION 18 OF ARTICLE X OF THE STATE
CONSTITUTION.
SECTION 3. In Colorado Revised Statutes, 42-2-101, amend
(10) as follows:
42-2-101. Licenses for drivers required. (10) Any person who
violates any provision of subsection (1) or (4) of this section is guilty of
a class 2 misdemeanor traffic offense CLASS A TRAFFIC INFRACTION. Any
person who violates any provision of subsection (2), (3), or (5) of this
section commits a class B traffic infraction.
SECTION 4. In Colorado Revised Statutes, 42-2-138, amend
(1)(a) and (3); repeal (1)(b); and add (1)(a.5) as follows:
42-2-138. Driving under restraint - penalty. (1) (a) Except as
provided in subsection (1.5) of this section, any person who drives a
motor vehicle or off-highway vehicle upon any highway of this state with
knowledge that the person's license or privilege to drive, either as a
resident or a nonresident, is under restraint for any reason other than
conviction of DUI, DUI per se, DWAI, or UDD is, EXCEPT AS PROVIDED
IN SUBSECTION (1)(a.5) OF THIS SECTION, guilty of a misdemeanor. A
court may sentence a person convicted of this misdemeanor to
imprisonment in the county jail for a period of not more than six months
and may impose a fine of not more than five hundred dollars CLASS A
TRAFFIC INFRACTION.
(a.5) A SECOND OR SUBSEQUENT CONVICTION FOR A VIOLATION
OF SUBSECTION (1)(a) OF THIS SECTION WITHIN FIVE YEARS OF A PRIOR
CONVICTION IS A CLASS 2 MISDEMEANOR TRAFFIC OFFENSE.
(b) Upon a second or subsequent conviction under paragraph (a)
of this subsection (1) within five years after the first conviction
thereunder, in addition to any penalty imposed pursuant to said paragraph
(a) of this subsection (1), except as may be permitted by section
42-2-132.5, the defendant shall not be eligible to be issued a driver's or
minor driver's license or extended any driving privilege in this state for
a period of three years after such second or subsequent conviction.
(3) The department, upon receiving a record of conviction or
accident report of any person for an offense committed while operating
a motor vehicle, shall immediately examine its files to determine if the
license or operating privilege of such person has been restrained. If it
appears that said offense was committed while the license or operating
privilege of such person was restrained for a reason other than an
outstanding judgment, except as permitted by section 42-2-132.5, the
department shall not issue a new license or grant any driving privileges
for an additional period of one year after the date such person would
otherwise have been entitled to apply for a new license or for
reinstatement of a suspended license and shall notify the district attorney
in the county where such violation occurred and request prosecution of
such person under subsection (1) of this section. IF IT APPEARS THAT SAID
OFFENSE WAS COMMITTED WHILE THE LICENSE OR OPERATING PRIVILEGE
OF SUCH PERSON WAS RESTRAINED SOLELY OR PARTIALLY BECAUSE OF A
CONVICTION OF DUI, DUI PER SE, DWAI, OR UDD, AS DESCRIBED IN
SUBSECTION (1)(d) OF THIS SECTION, OR IS RESTRAINED IN ANOTHER
STATE SOLELY OR PARTIALLY BECAUSE OF AN IMPAIRED DRIVING
OFFENSE, THE DEPARTMENT SHALL NOT ISSUE A NEW LICENSE OR GRANT
ANY DRIVING PRIVILEGES FOR AN ADDITIONAL PERIOD OF ONE YEAR
AFTER THE DATE SUCH PERSON WOULD OTHERWISE HAVE BEEN ENTITLED
TO APPLY FOR A NEW LICENSE OR FOR REINSTATEMENT OF A SUSPENDED
LICENSE.
SECTION 5. In Colorado Revised Statutes, amend 42-2-203 as
follows:
42-2-203. Authority to revoke license of habitual offender.
(1) The department shall immediately revoke the license of any person
whose record brings such person within the definition of an habitual
offender in section 42-2-202. The procedure specified in section
42-2-125 (3) and (4) shall be employed for the revocation.
(2) SUBSECTION (1) OF THIS SECTION DOES NOT APPLY TO A
PERSON WHO IS AN HABITUAL OFFENDER SOLELY BECAUSE THE PERSON
HAS THREE OR MORE CONVICTIONS WITHIN A PERIOD OF SEVEN YEARS FOR
VIOLATING SECTION 42-2-138 (1)(a), DRIVING A MOTOR VEHICLE UPON A
HIGHWAY WHILE SUCH PERSON'S LICENSE OR PRIVILEGE TO DRIVE IS
UNDER RESTRAINT FOR ANY REASON OTHER THAN AN OUTSTANDING
JUDGMENT OR CONVICTION OF DUI, DUI PER SE, DWAI, OR UDD.
SECTION 6. In Colorado Revised Statutes, 42-2-205, add (2)
as follows:
42-2-205. Prohibition. (2) SUBSECTION (1) OF THIS SECTION
DOES NOT APPLY TO A PERSON WHO IS AN HABITUAL OFFENDER SOLELY
BECAUSE THE PERSON HAS THREE OR MORE CONVICTIONS WITHIN A
PERIOD OF SEVEN YEARS FOR VIOLATING SECTION 42-2-138 (1)(a),
DRIVING A MOTOR VEHICLE UPON A HIGHWAY WHILE SUCH PERSON'S
LICENSE OR PRIVILEGE TO DRIVE IS UNDER RESTRAINT FOR ANY REASON
OTHER THAN AN OUTSTANDING JUDGMENT OR CONVICTION OF DUI, DUI
PER SE, DWAI, OR UDD.
SECTION 7. In Colorado Revised Statutes, 42-4-1409, amend
(4)(a) and (4)(b) as follows:
42-4-1409. Compulsory insurance - penalty - legislative intent.
(4) (a) Any person who violates the provisions of subsection (1), (2), or
(3) of this section commits a CLASS A TRAFFIC INFRACTION; EXCEPT THAT
A SECOND OR SUBSEQUENT VIOLATION WITHIN A PERIOD OF FIVE YEARS
FOLLOWING A PRIOR CONVICTION PURSUANT TO THIS SECTION IS A class
1 misdemeanor traffic offense. The minimum fine imposed by section
42-4-1701 (3)(a)(II)(A) shall be mandatory, and the defendant shall be
punished by a minimum mandatory fine of not less than UPON A FIRST
CONVICTION PURSUANT TO THIS SECTION, THE COURT SHALL IMPOSE A
FINE OF five hundred dollars; EXCEPT THAT the court may suspend up to
one half of the fine upon a showing that appropriate insurance as
required pursuant to section 10-4-619 or 10-4-624 C.R.S., has been
obtained. Nothing in this paragraph (a) shall be construed to prevent the
court from imposing a fine greater than the minimum mandatory fine.
ADDITIONALLY, THE COURT MAY SUSPEND THE FINE, OR A PORTION OF
THE FINE, IF THE DEFENDANT IS INDIGENT AND THE COURT FINDS THAT
THERE IS NO REASONABLE LIKELIHOOD THAT THE DEFENDANT WILL BE
ABLE TO PAY THE FINE WITHIN ONE HUNDRED EIGHTY DAYS.
(b) Upon a second or subsequent conviction under PURSUANT TO
this section, within a period of five years following a prior conviction
under PURSUANT TO this section, in addition to any imprisonment
imposed pursuant to section 42-4-1701 (3)(a)(II)(A), the defendant shall
be punished by COURT SHALL IMPOSE a minimum mandatory fine of not
less than one thousand dollars. and the court shall not suspend such
minimum fine. The court or the court collections' investigator may
establish a payment schedule for a person convicted of the provisions of
subsection (1), (2), or (3) of this section, and the provisions of section
16-11-101.6 C.R.S., shall apply. The court may suspend up to one half
of the fine upon a showing that appropriate insurance as required
pursuant to section 10-4-619 or 10-4-624 C.R.S., has been obtained.
ADDITIONALLY, THE COURT MAY SUSPEND THE FINE, OR A PORTION OF
THE FINE, IF THE DEFENDANT IS INDIGENT AND THE COURT FINDS THAT
THERE IS NO REASONABLE LIKELIHOOD THAT THE DEFENDANT WILL BE
ABLE TO PAY THE FINE WITHIN ONE HUNDRED EIGHTY DAYS.
SECTION 8. In Colorado Revised Statutes, 42-4-1701, amend
(3)(a)(I), (4)(a)(I), (4)(a)(IV)(A), and (4)(a)(V) as follows:
42-4-1701. Traffic offenses and infractions classified -
penalties - penalty and surcharge schedule - repeal. (3) (a) (I) Except
as provided in subsections (4) and (5) of this section or the section
creating the infraction, traffic infractions are divided into two classes
which shall be THAT ARE subject to the following penalties which THAT
are authorized upon entry of judgment against the defendant:
Class Minimum Maximum
Penalty Penalty
A $15 penalty $100 $200 penalty
B $15 penalty $100 $200 penalty
(4) (a) (I) Except as provided in subsection (5)(c) of this section,
every person who is convicted of, who admits liability for, or against
whom a judgment is entered for a violation of this title 42 to which
subsection (5)(a) or (5)(b) of this section applies shall be fined or
penalized and have a surcharge levied in accordance with sections
24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), in accordance with the
penalty and surcharge schedule set forth in subsections (4)(a)(I)(A) to
(4)(a)(I)(P) of this section; or, if no penalty or surcharge is specified in
the schedule, the penalty for class A and class B traffic infractions is
fifteen THIRTY dollars, and the surcharge is four EIGHT dollars. These
penalties and surcharges apply whether the defendant acknowledges the
defendant's guilt or liability in accordance with the procedure set forth by
subsection (5)(a) of this section, 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
are as follows:
Section Violated Penalty Surcharge
(A) Drivers' license violations:
42-2-101 (1) or (4) $ 35.00 45.50 $ 10.00 14.00
42-2-101 (2), (3), or (5) 15.00 30.00 6.00 10.00
42-2-103 15.00 30.00 6.00 10.00
42-2-105 70.00 91.00 10.00 14.00
42-2-105.5 (4) 65.00 84.50 10.00 14.00
42-2-106 70.00 91.00 10.00 14.00
42-2-116 (6)(a) 30.00 39.00 6.00 10.00
42-2-119 15.00 30.00 6.00 10.00
42-2-134 35.00 45.50 10.00 14.00
42-2-136 35.00 45.50 10.00 14.00
42-2-139 35.00 45.50 10.00 14.00
42-2-140 35.00 45.50 10.00 14.00
42-2-141 35.00 45.50 10.00 14.00
(B) Registration and taxation violations:
42-3-103 $ 50.00 65.00 $ 16.00 20.00
42-3-113 15.00 30.00 6.00 10.00
42-3-202 15.00 30.00 6.00 10.00
42-3-116 50.00 65.00 16.00 20.00
42-3-121 (1)(a) 75.00 97.50 24.00 30.00
42-3-121 (1)(c) 35.00 45.50 10.00 14.00
42-3-121 (1)(f), (1)(g),
and (1)(h) 75.00 97.50 24.00 30.00
42-3-304 to 42-3-306 50.00 65.00 16.00 20.00
(C) Traffic regulation generally:
42-4-1412 $ 15.00 30.00 $ 6.00 10.00
42-4-109 (13)(a) 15.00 30.00 6.00 10.00
42-4-109 (13)(b) 100.00 15.00 19.00
42-4-1211 30.00 39.00 6.00 10.00
42-4-1405 15.00 30.00 6.00 10.00
(D) Equipment violations:
42-4-201 $ 35.00 45.50 $ 10.00 14.00
42-4-202 35.00 45.50 10.00 14.00
42-4-204 15.00 30.00 6.00 10.00
42-4-205 15.00 30.00 6.00 10.00
42-4-206 15.00 30.00 6.00 10.00
42-4-207 15.00 30.00 6.00 10.00
42-4-208 15.00 30.00 6.00 10.00
42-4-209 15.00 30.00 6.00 10.00
42-4-210 15.00 30.00 6.00 10.00
42-4-211 15.00 30.00 6.00 10.00
42-4-212 15.00 30.00 6.00 10.00
42-4-213 15.00 30.00 6.00 10.00
42-4-214 15.00 30.00 6.00 10.00
42-4-215 15.00 30.00 6.00 10.00
42-4-216 15.00 30.00 6.00 10.00
42-4-217 15.00 30.00 6.00 10.00
42-4-218 15.00 30.00 6.00 10.00
42-4-219 15.00 30.00 6.00 10.00
42-4-220 15.00 30.00 6.00 10.00
42-4-221 15.00 30.00 6.00 10.00
42-4-222 (1) 15.00 30.00 6.00 10.00
42-4-223 15.00 30.00 6.00 10.00
42-4-224 15.00 30.00 6.00 10.00
42-4-225 (1) 15.00 30.00 6.00 10.00
42-4-226 15.00 30.00 6.00 10.00
42-4-227 (1) 50.00 65.00 16.00 20.00
42-4-227 (2) 15.00 30.00 6.00 10.00
42-4-228 (1), (2), (3),
(5), or (6) 15.00 30.00 6.00 10.00
42-4-229 15.00 30.00 6.00 10.00
42-4-230 15.00 30.00 6.00 10.00
42-4-231 15.00 30.00 6.00 10.00
42-4-232 15.00 30.00 6.00 10.00
42-4-233 75.00 97.50 24.00 30.00
42-4-234 15.00 30.00 6.00 10.00
42-4-235 50.00 65.00 16.00 20.00
42-4-236 65.00 84.50 16.00 20.00
42-4-237 65.00 84.50 6.00 10.00
42-4-1411 15.00 30.00 6.00 10.00
42-4-1412 15.00 30.00 6.00 10.00
42-4-1901 35.00 45.50 10.00 14.00
(E) Emissions inspections:
42-4-313 (3)(c) $ 50.00 65.00 $ 16.00 20.00
42-4-313 (3)(d) 15.00 30.00 6.00 10.00
(F) Size, weight, and load violations:
42-4-502 $ 75.00 97.50 $ 24.00 30.00
42-4-503 15.00 30.00 6.00 10.00
42-4-504 75.00 97.50 24.00 30.00
42-4-505 75.00 97.50 24.00 30.00
42-4-506 15.00 30.00 6.00 10.00
42-4-509 50.00 65.00 16.00 20.00
42-4-510 (12)(a) 35.00 45.50 10.00 14.00
42-4-106 (1), (3), (4),
(6), or (7) 35.00 45.50 10.00 14.00
42-4-106 (4.5)(b)(I) 1,000.00 156.00 162.00
42-4-106 (4.5)(b)(II) 1,500.00 156.00 162.00
42-4-106 (5)(a)(I) 100.00 32.00 38.00
42-4-106 (5)(a)(II) 500.00 156.00 162.00
42-4-106 (5)(a)(III) 500.00 78.00 84.00
42-4-106 (5)(a)(IV) 1,000.00 156.00 162.00
42-4-512 75.00 97.50 24.00 30.00
42-8-105 (1) to (5) 50.00 65.00 16.00 20.00
42-8-106 50.00 65.00 16.00 20.00
(G) Signals, signs, and markings violations:
42-4-603 $ 100.00 $ 10.00 14.00
42-4-604 100.00 10.00 14.00
42-4-605 70.00 91.00 10.00 14.00
42-4-606 15.00 30.00 6.00 10.00
42-4-607 (1) 50.00 65.00 16.00 20.00
42-4-607 (2)(a) 100.00 32.00 38.00
42-4-608 (1) 70.00 91.00 6.00 10.00
42-4-608 (2) 15.00 30.00 6.00 10.00
42-4-609 15.00 30.00 6.00 10.00
42-4-610 15.00 30.00 6.00 10.00
42-4-612 70.00 91.00 10.00 14.00
42-4-613 35.00 45.50 10.00 14.00
(H) Rights-of-way violations:
42-4-701 $ 70.00 91.00 $ 10.00 14.00
42-4-702 70.00 91.00 10.00 14.00
42-4-703 70.00 91.00 10.00 14.00
42-4-704 70.00 91.00 10.00 14.00
42-4-705 70.00 91.00 10.00 14.00
42-4-706 70.00 91.00 10.00 14.00
42-4-707 70.00 91.00 10.00 14.00
42-4-708 70.00 91.00 10.00 14.00
42-4-709 70.00 91.00 10.00 14.00
42-4-710 70.00 91.00 10.00 14.00
42-4-711 100.00 10.00 14.00
42-4-712 70.00 91.00 10.00 14.00
(I) Pedestrian violations:
42-4-801 $ 15.00 30.00 $ 6.00 10.00
42-4-802 (1) 30.00 39.00 6.00 10.00
42-4-802 (3) 15.00 30.00 6.00 10.00
42-4-802 (4) 30.00 39.00 6.00 10.00
42-4-802 (5) 30.00 39.00 6.00 10.00
42-4-803 15.00 30.00 6.00 10.00
42-4-805 15.00 30.00 6.00 10.00
42-4-806 70.00 91.00 10.00 14.00
42-4-807 70.00 91.00 10.00 14.00
42-4-808 70.00 91.00 10.00 14.00
(J) Turning and stopping violations:
42-4-901 $ 70.00 91.00 $ 10.00 14.00
42-4-902 70.00 91.00 10.00 14.00
42-4-903 70.00 91.00 10.00 14.00
(K) Driving, overtaking, and passing violations:
42-4-1001 $ 70.00 91.00 $ 10.00 14.00
42-4-1002 100.00 10.00 14.00
42-4-1003 100.00 10.00 14.00
42-4-1004 100.00 10.00 14.00
42-4-1005 100.00 10.00 14.00
42-4-1006 70.00 91.00 10.00 14.00
42-4-1007 100.00 10.00 14.00
42-4-1008 100.00 10.00 14.00
42-4-1009 70.00 91.00 10.00 14.00
42-4-1010 70.00 91.00 10.00 14.00
42-4-1011 200.00 32.00 38.00
42-4-1012 (3)(a) 65.00 84.50 (NONE)
42-4-1012 (3)(b) 125.00 (NONE)
42-4-1013 100.00 (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) $ 30.00 39.00 $ 6.00 10.00
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) 70.00 91.00 10.00 14.00
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) 135.00 16.00 20.00
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) 200.00 32.00 38.00
42-4-1101 (8)(g) (1 to 4 miles per
hour over the maximum lawful
speed limit of 40 miles per hour
driving a low-power scooter) 50.00 65.00 6.00 10.00
42-4-1101 (8)(g) (5 to 9 miles per
hour over the maximum lawful
speed limit of 40 miles per hour
driving a low-power scooter) 75.00 97.50 10.00 14.00
42-4-1101 (8)(g) (greater than 9
miles per hour over the maximum
lawful speed limit of 40 miles per
hour driving a low-power scooter) 100.00 16.00 20.00
42-4-1101 (3) 100.00 10.00 14.00
42-4-1103 50.00 65.00 6.00 10.00
42-4-1104 30.00 39.00 6.00 10.00
(M) Parking violations:
42-4-1201 $ 30.00 39.00 $ 6.00 10.00
42-4-1202 30.00 39.00 6.00 10.00
42-4-1204 15.00 30.00 6.00 10.00
42-4-1205 15.00 30.00 6.00 10.00
42-4-1206 15.00 30.00 6.00 10.00
42-4-1207 15.00 30.00 6.00 10.00
42-4-1208 (3)(b), (3)(c),
and (3)(d) 150.00 32.00 38.00
42-4-1213 150.00 32.00 38.00
(N) Other offenses:
42-4-1301 (2)(d) $ 100.00 $ 16.00 20.00
42-4-1305 50.00 65.00 16.00 20.00
42-4-1305.5 (2) 50.00 65.00 7.80 11.80
42-4-1402 150.00 16.00 20.00
42-4-1403 30.00 39.00 6.00 10.00
42-4-1404 15.00 30.00 6.00 10.00
42-4-1406 35.00 45.50 10.00 14.00
42-4-1407 (3)(a) 35.00 45.50 10.00 14.00
42-4-1407 (3)(b) 100.00 30.00 36.00
42-4-1407 (3)(c) 500.00 200.00 206.00
42-4-314 (1) and (2) 35.00 45.50 10.00 14.00
42-4-314 (6)(a) 100.00 10.00 14.00
42-4-1408 15.00 30.00 6.00 10.00
42-4-1414 (2)(a) 500.00 156.00 162.00
42-4-1414 (2)(b) 1,000.00 312.00 318.00
42-4-1414 (2)(c) 5,000.00 1,560.00 1,566.00
42-4-1416 (3) 75.00 97.50 4.00 8.00
42-20-109 (2) 250.00 66.00 72.00
(O) Motorcycle violations:
42-4-1502 (1), (2), (3),
or (4) $ 30.00 39.00 $ 6.00 10.00
42-4-1502 (4.5) 100.00 15.00 19.00
42-4-1503 30.00 39.00 6.00 10.00
42-4-1504 30.00 39.00 6.00 10.00
(P) Offenses by persons controlling vehicles:
42-4-239 (5)(a) $ 50.00 65.00 $ 6.00 10.00
42-4-239 (5)(b) 100.00 6.00 10.00
42-4-239 (5.5) 300.00 6.00 10.00
42-4-1704 15.00 30.00 6.00 10.00
(IV) (A) Any person convicted of violating section 42-3-114 who
has not been convicted of a violation of section 42-3-114 in the twelve
months preceding such conviction shall be fined as follows, whether the
defendant acknowledges the defendant's guilt pursuant to the procedure
set forth in paragraph (a) of subsection (5) SUBSECTION (5)(a) of this
section or is found guilty by a court of competent jurisdiction:
Number of days beyond renewal
period that registration has
been expired Penalty Surcharge
1 - 29 $ 35.00 45.50 $ 8.00 12.00
30 - 59 50.00 65.00 12.00 16.00
60 and over 75.00 97.50 18.00 22.00
(V) Any person convicted of violating section 42-20-204 (2) shall
be fined twenty-five dollars THIRTY-TWO DOLLARS AND FIFTY CENTS,
whether the violator acknowledges guilt pursuant to the procedure set
forth in paragraph (a) of subsection (5) SUBSECTION (5)(a) of this section
or is found guilty by a court of competent jurisdiction.
SECTION 9. In Colorado Revised Statutes, 42-4-239, amend (5)
and (5.5)(a) as follows:
42-4-239. Misuse of a wireless telephone - definitions - penalty
- preemption. (5) (a) A person who operates a motor vehicle in
violation of subsection (2) of this section commits a class A traffic
infraction as defined in section 42-4-1701 (3), and the court or the
department of revenue shall assess a fine of fifty dollars IN THE AMOUNT
SET FORTH IN SECTION 42-4-1701 (4)(a)(I)(P).
(b) A second or subsequent violation of subsection (2) of this
section is a class A traffic infraction as defined in section 42-4-1701 (3),
and the court or the department of revenue shall assess a fine of one
hundred dollars IN THE AMOUNT SET FORTH IN SECTION 42-4-1701
(4)(a)(I)(P).
(5.5) (a) Except as provided in subsections (5.5)(b) and (5.5)(c)
of this section, a person who operates a motor vehicle in violation of
subsection (3) of this section commits a class 2 misdemeanor traffic
offense, and the court or the department shall assess a fine of three
hundred dollars IN THE AMOUNT SET FORTH IN SECTION 42-4-1701
(4)(a)(I)(P).
SECTION 10. In Colorado Revised Statutes, 42-4-313, amend
(3)(c) and (3)(d) as follows:
42-4-313. Penalties. (3) (c) Any vehicle owner who violates any
provision of this section is guilty of a misdemeanor traffic offense and,
upon conviction thereof, shall be punished by a fine of fifty dollars AS
SET FORTH IN SECTION 42-4-1701 (4)(a)(I)(E), payable within thirty days
after conviction.
(d) Any nonowner driver who violates any provision of this
section is guilty of a misdemeanor traffic offense and, upon conviction
thereof, shall be punished by a fine of fifteen dollars AS SET FORTH IN
SECTION 42-4-1701 (4)(a)(I)(E), payable within thirty days after
conviction.
SECTION 11. In Colorado Revised Statutes, 42-4-314, amend
(3) as follows:
42-4-314. Automobile emissions control systems - tampering
- operation of vehicle. (3) (a) A person who violates subsection (1) or
(2) of this section commits a class A traffic infraction and shall be fined
thirty-five dollars pursuant to section 42-4-1701 (4)(a)(I)(N). The
department shall not assess any points under section 42-2-127 for a
conviction pursuant to subsection (1) or (2) of this section.
(b) A person who violates subsection (6) of this section commits
a class A traffic infraction and shall be fined one hundred dollars
pursuant to section 42-4-1701 (4)(a)(I)(N). The department shall not
assess any points under section 42-2-127 for a conviction pursuant to
subsection (6) of this section.
SECTION 12. In Colorado Revised Statutes, 42-4-1305, amend
(2)(c) as follows:
42-4-1305. Open alcoholic beverage container - motor vehicle
- prohibited. (2) (c) A person who violates the provisions of this
subsection (2) commits a class A traffic infraction and shall be punished
by a fine of fifty dollars and a surcharge of sixteen dollars as provided AS
SET FORTH in section 42-4-1701 (4)(a)(I)(N).
SECTION 13. In Colorado Revised Statutes, 42-4-1305.5,
amend (2)(c) as follows:
42-4-1305.5. Open marijuana container - motor vehicle -
prohibited. (2) (c) A person who violates the provisions of this
subsection (2) commits a class A traffic infraction and shall be punished
by a fine of fifty dollars and a surcharge of seven dollars and eighty cents
as provided in this section and AS SET FORTH IN section 42-4-1701
(4)(a)(I)(N).
SECTION 14. In Colorado Revised Statutes, 42-4-1416, amend
(3) as follows:
42-4-1416. Failure to present a valid transit pass or coupon
- fare inspector authorization - definitions. (3) A violation of this
section is a class B traffic infraction and is punishable by a fine of
seventy-five dollars AS SET FORTH IN SECTION 42-4-1701 (4)(a)(I)(N).
Notwithstanding any other provision of law, fines for a violation of
subsection (1) of this section shall be retained by the clerk of the court in
the city and county of Denver upon receipt by the clerk for a violation
occurring within that jurisdiction, or transmitted to the state judicial
department if the fine is receipted by the clerk of the court of any other
county.
SECTION 15. In Colorado Revised Statutes, 42-20-204, amend
(2) as follows:
42-20-204. Permit violations - penalties. (2) Any person who
has obtained an annual or a single trip hazardous materials transportation
permit but fails to have a copy of said permit in the cab of the motor
vehicle while transporting hazardous materials in, to, from, or through
this state commits a class B traffic infraction and shall be assessed a
penalty of twenty-five dollars IN THE AMOUNT SET FORTH IN, AND in
accordance with the procedure set forth in, section 42-4-1701 (4)(a)(V);
except that, if a peace officer, as described in section 16-2.5-101, C.R.S.,
or any other enforcement official may determine that the permit can be
electronically verified at the time of contact, a copy of the permit need
not be in the cab of the motor vehicle.
SECTION 16. In Colorado Revised Statutes, 24-4.2-105, amend
(1) as follows:
24-4.2-105. Allocation of money from fund - application for
grants - disbursements. (1) (a) Thirteen percent of the aggregate
amount of the moneys MONEY in the fund, after payment of the expenses
specified in section 24-4.2-103 (4), shall be deposited with the state
treasurer to the credit of the fund created pursuant to section
24-33.5-506.
(b) THE COURT ADMINISTRATOR OF THE JUDICIAL DISTRICT SHALL
DISTRIBUTE TWO DOLLARS OF EACH SURCHARGE DEPOSITED INTO THE
FUND TO ORGANIZATIONS DESCRIBED IN SECTION 13-90-107 (1)(k)(II)
THAT PROVIDE VICTIM'S ADVOCATE SERVICES WITHIN THE JUDICIAL
DISTRICT. THE BOARD SHALL IDENTIFY ORGANIZATIONS ELIGIBLE TO
RECEIVE MONEY PURSUANT TO THIS SUBSECTION (1)(b). IF THE BOARD
IDENTIFIES MORE THAN ONE ELIGIBLE ORGANIZATION, THE COURT
ADMINISTRATOR SHALL DISTRIBUTE THE MONEY IN AN EQUAL AMOUNT TO
EACH ELIGIBLE ORGANIZATION.".

Strike pages 4 through 16.

Page 17, strike lines 1 through 10.

Renumber succeeding section accordingly.


Trans-
portation &
Energy

Senate Journal, March 11
After consideration on the merits, the Committee recommends that SB20-070 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend the Transportation & Energy Committee Report, dated February
27, 2020, page 2, line 4, strike "OVER ONE HUNDRED DOLLARS" and
substitute "ONE HUNDRED DOLLARS OR MORE".

Page 2, line 16, strike "IF" and substitute "EXCEPT FOR MONEY
COLLECTED FOR A VIOLATION OF SECTION 42-4-237, IF"

Page 2, lines 31 and 32, strike "THIS SUBSECTION (2)" and substitute
"SUBSECTION (2)(a)(II) OF THIS SECTION".

Page 2, line 33, strike "(5.5)(a); EXCEPT THAT" and substitute "(5.5)(a).".

Page 2, strike lines 34 through 36.


Finance