HOUSE
                       3rd Reading Unamended
       April 18, 2016          HOUSE
       Amended 2nd Reading
                      April 13, 2016Second Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 16-0965.01 Jennifer Berman x3286HOUSE BILL 16-1319
                    HOUSE SPONSORSHIP
 Ginal and Tyler, 
 
                   SENATE SPONSORSHIP
 Kefalas, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Transportation & Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a prohibition against intentionally increasing a
            diesel-powered vehicle's particulate emissions for the
            purpose of a visual exhibition of smoke.
       
       
                           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.)
       
            The bill prohibits "coal rolling", or "rolling coal", which is the act
       of intentionally blowing black smoke through one or more exhaust pipes
       attached to a diesel vehicle after modifying, disabling, bypassing, or
       removing the vehicle's pollution controls, for the purpose of harassing
       another driver, a bicyclist, or a pedestrian or obstructing or obscuring the
       view of another driver, a bicyclist, or a pedestrian. A person who violates
       the prohibition commits a class 2 misdemeanor traffic offense, punishable
       by 10 to 90 days in jail or a $150 to $300 fine, or both, and is subject to
       3 points assessed against the person's driver's license.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 42-2-127, add (5) (ll)
       as follows:
            42-2-127.  Authority to suspend license - to deny license - type
       of conviction - points. (5)  Point system schedule:
       Type of conviction                                                                          Points
            (II)  Visual exhibition of smoke in violation of section
       42-4-314 (6) . . . . . . . . . . . . . . . . . . . 2
            SECTION 2.  In Colorado Revised Statutes, 42-4-314, amend (3);
       and add (6) as follows:
            42-4-314.  Automobile air pollution control systems -
       tampering - operation of vehicle. (3) (a)  Any A person who violates
       any provision subsection (1), (2), or (6) of this section commits a class
       A traffic infraction. The department shall not assess any points under
       section 42-2-127 for a conviction pursuant to subsection (1) or (2) of
       this section.
            (b)  A person who violates subsection (6) of this section
       shall be fined thirty-five dollars. The penalty for any
       subsequent violation is also thirty-five dollars.
            (6)  Visual exhibition of smoke - prohibition. A person shall
       not engage in a visual exhibition of smoke, which is the knowing
       release of soot, smoke, or other particulate emissions from a      
       light-duty diesel vehicle, as defined in section 42-4-401 (6.7), into
       the air and onto roadways, other vehicles, bicyclists, or
       pedestrians, in a manner that:
            (a)  Would cause a reasonable person to feel harassed,
       annoyed, or alarmed; or
            (b)  Obstructs or obscures another person's view of the
       roadway, other users of the roadway, or a traffic control
       device or otherwise creates a hazard to a driver, bicyclist, or
       pedestrian.
            SECTION 3.  Applicability. This act applies to offenses
       committed on or after the effective date of this act.
            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.