First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0459.01 Jennifer Berman x3286SENATE BILL 13-061 SENATE SPONSORSHIP Renfroe, Lundberg, Lambert, Harvey, Grantham, Brophy, Crowder, Hill, Marble HOUSE SPONSORSHIP Buck, Humphrey Senate Committees House Committees Transportation A BILL FOR AN ACT Concerning motor vehicle emissions inspections. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Currently, a motor vehicle that is being registered in the emissions program area for the first time is exempt from the requirement to get an emissions control inspection if the motor vehicle is in its fourth model year or newer. The bill extends the exemption period from 4 years to 10 years and expands its coverage to previously registered motor vehicles that have never failed an emissions control inspection. It also extends the exemption period for government-owned and dealer-owned vehicles to 10 years. Finally, the bill creates a senior citizen hardship exemption whereby a senior citizen may register one motor vehicle without obtaining an emissions control inspection. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 42-4-310, amend (1) (a) (II) (C), (1) (b) (I) (B), (1) (b) (II) (A), and (1) (b) (II) (C) as follows: 42-4-310. Periodic emissions control inspection required - definition. (1) (a) (II) (C) If such an owner registers a roadworthy vehicle is being registered in the program area for the first time, the owner shall obtain any a certification required for the county where registration is sought and shall submit such the certification to the department of revenue or an authorized agent thereof of the department with such the owner's application for the motor vehicle registration. of the motor vehicle. An owner may register a motor vehicle that is being registered in the program area for the first time, may be registered or a previously registered motor vehicle that has never failed an inspection, without an inspection or certification if the vehicle has not yet reached its fourth tenth model year or a later model year established by the commission pursuant to section 42-4-306 (8) (b). A senior citizen may register one motor vehicle without an inspection or certification. For purposes of this section, "senior citizen" means a person sixty-five years of age or older as of the date on which the vehicle registration is due. (b) (I) (B) A new motor vehicles vehicle owned by the United States government or an agency thereof of the United States government or by the state of Colorado or any an agency or political subdivision thereof of the state of Colorado that would be registered in the program area shall be issued a certification of emissions compliance without inspection that shall expire expires on the anniversary of the day of the certification's issuance of such certification when such the vehicle has reached its fourth tenth model year or a later model year established by the commission pursuant to section 42-4-306 (8) (b). Prior to Before the expiration of such the certification, such the vehicle shall must be inspected and a certification of emissions control shall must be obtained therefor for the vehicle. (II) (A) Motor vehicle dealers shall purchase verification of emissions test forms for the sum of twenty-five cents per form from the department or persons its duly authorized by the department to make such sales agents to be used only on new motor vehicles. No refund or credit The department shall be allowed not issue a refund or credit for any unused verification of emissions test forms. A new motor vehicles vehicle required under this section to have a verification of emissions test form under this section shall be issued a certification of emissions compliance without inspection which shall expire that expires on the anniversary of the day of the certification's issuance of such certification when such the vehicle has reached its fourth tenth model year or a later model year established by the commission pursuant to section 42-4-306 (8) (b). Prior to Before the expiration of such the vehicle's certification, such vehicle shall the dealer must have the vehicle pass a clean screen test or be inspected and to obtain a certification of emissions control. shall be obtained therefor. (C) An owner of a 1981 and or older model motor vehicles vehicle required pursuant to this section to have a certification of emissions control shall be have the vehicle inspected at the time of the sale or transfer of any such the vehicle and, prior to before registration renewal, shall be issued must obtain a certification of emissions control that shall be is valid for twelve twenty-four months; except that, if the motor vehicle has ever failed an inspection, the certification is valid for twelve months. This sub-subparagraph (C) does not apply to the sale of a motor vehicle which is inoperable or otherwise cannot be tested in accordance with regulations promulgated by the department of revenue if the seller of the motor vehicle provides a written notice to the purchaser pursuant to the requirements of subsection (4) of this section. SECTION 2. In Colorado Revised Statutes, 42-4-309, amend (7) as follows: 42-4-309. Vehicle fleet owners - motor vehicle dealers - authority to conduct inspections - fleet inspection stations - motor vehicle dealer test facilities - contracts with licensed inspection-only entities. (7) A motor vehicle dealer shall have a motor vehicle inspected annually pursuant to section 42-4-310. but shall not be required to have such vehicle inspected more than once a year. SECTION 3. 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.