NOTE: The governor signed this measure on 5/9/2012.
      
      
      SENATE BILL 12-012
      
      
      BY SENATOR(S) King S., Guzman, Tochtrop, Williams S.;
      also REPRESENTATIVE(S) Miklosi, Kerr A., Labuda, Pace, Wilson,
      Young.
      
      
      Concerning the department of revenue's audits of automobile
           emission inspection facilities.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 42-4-305, amend (6)
      (b), (6) (c), and (6) (e) as follows:
      
           42-4-305.  Powers and duties of executive director - automobile
      inspection and readjustment program - basic emissions program -
      enhanced emissions program - clean screen program. (6) (b) (I)  The
      department shall conduct overt performance audits shall be conducted
      as follows:
      
           (I) (A)  Every ninety days At least twice per year at each
      inspection and readjustment station, inspection-only facility, and motor
      vehicle dealer test facility;
      
           (II) (B)  Every ninety days At least twice per year at each fleet
      inspection station;
      
           (III) (C)  Every ninety days for each At least twice per year for
      each test lane at each enhanced inspection center.
      
           (II)  In addition to regularly scheduled overt performance
      audits, the department may perform additional risk-based overt
      performance audits for stations and facilities employing
      inspectors or mechanics suspected of violating rules as a result
      of an audit, data analysis, or consumer complaint.
      
           (c) (I)  The department shall conduct covert audits using
      unmarked motor vehicles shall be conducted as follows:
      
           (I) at least once per year per number of inspectors at each
      inspection and readjustment station inspection-only facility and
      enhanced inspection center;
      
           (II)  At least twice per year for each test lane at each inspection-only
      facility and enhanced inspection center to include observation of inspector
      performance In addition to regularly scheduled covert audits, the
      department may perform additional risk-based covert audits for
      stations and facilities employing inspectors or mechanics
      suspected of violating rules as a result of an audit, data analysis,
      or consumer complaint.
      
           (e) (I)  The department shall perform equipment audits shall be
      performed to verify quality control and calibration of the required test
      equipment as follows:
      
           (I) (A)  At least twice per year at each inspection and readjustment
      station;
      
           (II) (B)  Every ninety days for each At least twice per year on
      each test lane at each inspection-only facility, motor vehicle dealer test
      facility, and enhanced inspection center, to be done performed
      contemporaneously with the overt performance audit;
      
           (III) (C)  Once At least twice per year at each fleet inspection
      station.
      
           (II)  In addition to regularly scheduled equipment audits,
      the department may perform additional risk-based equipment
      audits for stations and facilities employing inspectors or
      mechanics suspected of violating rules as a result of an audit,
      data analysis, or consumer complaint.
      
           SECTION 2.  No appropriation. The general assembly has
      determined that this act can be implemented within existing appropriations,
      and therefore no separate appropriation of state moneys is necessary to carry
      out the purposes of this act.
      
           SECTION 3.  Effective date - applicability. This act shall take
      effect July 1, 2012, and shall apply to inspections occurring on or after said
      date.
      
           SECTION 4.  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.
      
      
      
      
      ____________________________  ____________________________
      Brandon C. Shaffer                      Frank McNulty
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO