The proposed legislation empowers local authorities in Colorado to enforce vehicle registration laws, allowing them to issue penalties for unregistered vehicles within their jurisdictions. This means that city or county officials can now take action against vehicles that haven't been properly registered, rather than relying solely on state enforcement.
To address potential financial hardships, the bill provides courts with the discretion to waive certain fees and penalties associated with registration violations. Specifically:
Penalty Waiver: If a court determines there was a valid reason ("good cause") for the failure to register, it can waive the imposed penalties.
Tax Waiver for Low-Income Households: For households earning 150% or less of the federal poverty line, past-due specific ownership taxes can be waived.
Comprehensive Fee and Tax Waiver: Households earning 100% or less of the federal poverty line may have all past-due fees, taxes, and penalties waived.
The Colorado Department of Revenue is tasked with developing the necessary forms and rules to implement these provisions. Additionally, courts are required to report any waivers granted to the department, ensuring transparency and proper tracking.
This initiative aims to enhance local enforcement capabilities while providing relief mechanisms for individuals facing financial challenges, ensuring that vehicle registration laws are applied fairly and equitably across the state.
Summary
The bill authorizes local authorities to enforce the requirement that
a vehicle, trailer, semitrailer, or motor vehicle (vehicle) be registered. A conviction by a local authority does not bar a subsequent state prosecution if the subsequent prosecution does not arise from the same event.
A court will waive the following for a violation concerning a
failure to register a vehicle: •
The penalties imposed for the violation if the court finds that the failure to register the vehicle was for good cause;
•
The past-due specific ownership tax if the person demonstrates that the person's household had an income that was 150% or less below the current federal poverty line when the violation occurred; or
•
The past-due fees, past-due specific ownership tax, and penalties if the person demonstrates that the person's household had an income that was 100% or less below the current federal poverty line when the violation occurred.
The department of revenue will adopt forms and rules to implement the bill. Current law requires each court to send an abstract of each conviction to the department for the person's driving record. The bill requires this abstract to include any waivers granted under the bill and the amount of the waivers. The department will include information regarding the number and amount of waivers granted in its SMART Act hearing.
