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 11-1157
      
      
      BY REPRESENTATIVE(S) Casso, Baumgardner, Brown, Coram, Fields,
      Gerou, Holbert, Liston, Looper, Murray, Schafer S., Vigil, Peniston, Scott;
      also SENATOR(S) White, Guzman.
      
      
      Concerning the exemption from the heavy-duty diesel inspection
           program of heavy-duty diesel vehicles based outside the
           program area as part of a fleet registered in the program
           area, and making an appropriation therefor.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  42-4-414, Colorado Revised Statutes, is amended BY
      THE ADDITION OF A NEW SUBSECTION to read:
      
           42-4-414.  Heavy-duty diesel fleet inspection and maintenance
      program - penalty - rules.  (2.5)  An owner of a fleet registered in
      the program area may certify to the executive director or the
      executive director's designee, in a form and manner required by
      the executive director, that a diesel vehicle registered in the
      program area is physically based and principally operated from a
      terminal, division, or maintenance facility outside the program
      area.  Any diesel vehicle registered in the program area, but
      certified to be physically based and principally operated from a
      terminal, division, or maintenance facility outside the program
      area, is exempt from this section.  The commission shall
      promulgate rules to administer this subsection (2.5).
      
           SECTION 2.  Appropriation. (1)  In addition to any other
      appropriation, there is hereby appropriated, out of any moneys in the
      highway users tax fund pursuant to section 43-4-201 (3) (a) (III) (C),
      Colorado Revised Statutes, not otherwise appropriated, to the department
      of revenue, for allocation to the taxpayer service division, for the fiscal year
      beginning July 1, 2011, the sum of six thousand dollars ($6,000), 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, 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 five hundred
      ninety-two dollars ($592) cash funds, or so much thereof as may be
      necessary, for the implementation of this act.
      
           (3)  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 five hundred ninety-two
      dollars ($592), or so much thereof as may be necessary, for the
      programming services to be provided 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 (2) of this section.
      
           SECTION 3.  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 heavy-duty diesel fleet
      vehicles registered in the program area of the diesel emission inspection
      program 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