NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 11-1004
      
      
      BY REPRESENTATIVE(S) Baumgardner, Barker, Becker, Bradford,
      Brown, Coram, DelGrosso, Fields, Gerou, Holbert, Kerr J., Looper,
      Massey, Murray, Nikkel, Pabon, Pace, Priola, Ramirez, Scott, Vaad, Waller,
      McKinley;
      also SENATOR(S) Harvey, Lambert, Lundberg.
      
      
      Concerning the registration of a vehicle used for agricultural
           production, and making an appropriation in connection
           therewith.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Legislative declaration.  The general assembly
      declares that nothing in this act authorizes a person to use a license plate on
      a motor vehicle to which the plate has not been assigned in violation of
      section 42-3-124 or 42-3-202, Colorado Revised Statutes.
      
           SECTION 2.  Repeal.  42-3-304 (1) (b) (II), Colorado Revised
      Statutes, is repealed as follows:
      
           42-3-304.  Registration fees - passenger and passenger-mile taxes
      - clean screen fund - repeal.  (1) (b)  The following vehicles are exempt
      from the motorist insurance identification fee:
      
           (II)  Trucks and truck tractors that are owned by a farmer or rancher
      and whose only commercial uses are:
      
           (A)  Transporting to market or place of storage raw agricultural
      products actually produced or livestock actually raised by such farmer or
      rancher; or
      
           (B)  Transporting commodities and livestock purchased by such
      farmer or rancher for use by the farmer or rancher in farming or ranching
      operations.
      
           SECTION 3.  42-3-306 (4), Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW PARAGRAPH to read:
      
           42-3-306.  Registration fees - passenger and passenger-mile taxes
      - fee schedule.  (4) (e)  The department or its authorized agent shall
      not require a person registering a farm truck or truck tractor
      under this subsection (4) to demonstrate that the owner's primary
      business or source of income is agriculture if the farm truck or
      truck tractor is used primarily for agricultural production on a
      farm or ranch owned or leased by the owner of the truck or truck
      tractor, and the land on which it is used is classified as
      agricultural land for the purposes of levying and collecting
      property tax under section 39-1-103, C.R.S.
      
           SECTION 4.  Appropriation.  (1)  In addition to any other
      appropriation, there is hereby appropriated, out of any moneys in the
      Colorado state titling and registration account of the highway users tax fund
      created in section 42-1-211 (2), Colorado Revised Statutes, not otherwise
      appropriated, to the department of revenue, for allocation to the information
      technology division, for the fiscal year beginning July 1, 2011, the sum of
      twenty-two thousand two hundred dollars ($22,200) cash funds, or so much
      thereof as may be necessary, for the implementation of this act.
      
           (2)  In addition to any other appropriation, there is hereby
      appropriated to the governor - lieutenant governor - state planning and
      budgeting, for allocation to the office of information technology, for the
      fiscal year beginning July 1, 2011, the sum of twenty-two thousand two
      hundred dollars ($22,200), or so much thereof as may be necessary, for the
      provision of programming services to the department of revenue related to
      the implementation of this act.  Said sum shall be from reappropriated funds
      received from the department of revenue out of the appropriation made in
      subsection (1) of this section.
      
           SECTION 5.  Act subject to petition - effective date -
      applicability.  (1)  This act shall take effect at 12:01 a.m. on the day
      following the expiration of the ninety-day period after final adjournment of
      the general assembly (August 10, 2011, if adjournment sine die is on May
      11, 2011); except that, if a referendum petition is filed pursuant to section
      1 (3) of article V of the state constitution against this act or an item, section,
      or part of this act within such period, then the act, item, section, or part shall
      not take effect unless approved by the people at the general election to be
      held in November 2012 and shall take effect on the date of the official
      declaration of the vote thereon by the governor.
      
           (2)  The provisions of this act shall apply to applications for
      registration filed on or after January 1, 2012.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO