First Regular Session
Sixty-second General Assembly
LLS NO. 99-0796.01 Jerry Barry SENATE BILL 99-208
STATE OF COLORADO
BY SENATORS Martinez, Congrove, Dyer, Epps, Hernandez, Lacy,
Matsunaka, Nichol, Perlmutter, Tanner, and Wattenberg;
also REPRESENTATIVE Paschall.
REENGROSSED TRANSPORTATION
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING THE ELIMINATION OF THE REQUIREMENT THAT CERTAIN
102 MOTOR VEHICLES RECEIVE AN EMISSIONS CONTROL INSPECTION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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Eliminates the requirement that a motor vehicle receive a new
emissions control inspection upon transfer of ownership if the vehicle has
a valid certificate of emissions. Clarifies that emissions control
inspection certificates are valid for either 12 or 24 months depending on
the age of the vehicle.
1 Be it enacted by the General Assembly of the State of Colorado:
2 { SECTION 1. 42-4-310 (1) (a) (II) (A), Colorado Revised
3 Statutes, is amended, and the said 42-4-310 (1) (a) (II) is further amended
4 BY THE ADDITION OF THE FOLLOWING NEW
5 SUB-SUBPARAGRAPHS, to read:
6 42-4-310. Periodic emissions control inspection required.
7 (1) (a) (II) (A) If title to EXCEPT FOR TRANSACTIONS CONDUCTED
8 PURSUANT TO SECTION 42-4-309 (6), NO SALE OR TRANSFER OF a
9 roadworthy motor vehicle, as defined in section 42-6-102 (11), for which
10 a certification of emissions compliance or emissions waiver must be
11 obtained pursuant to this paragraph (a) is being transferred to a new
12 owner, the new owner may require at the time of sale that the prior owner
13 provide said certification as required for the county of residence of the
14 new owner IS COMPLETE UNLESS THE SELLER DELIVERS TO THE BUYER A
15 NEW CERTIFICATE OF EMISSIONS COMPLIANCE. THIS SUB-SUBPARAGRAPH
16 (A) SHALL NOT APPLY TO THE SALE OF A MOTOR VEHICLE THAT IS
17 INOPERABLE OR OTHERWISE CANNOT BE TESTED IN ACCORDANCE WITH
18 RULES PROMULGATED BY THE DEPARTMENT OF REVENUE IF THE SELLER OF
19 THE MOTOR VEHICLE PROVIDES A WRITTEN NOTICE TO THE PURCHASER
20 PURSUANT TO THE REQUIREMENTS OF SECTION 42-4-310 (4).
21 (A.3) IN AN ACTION TO ENFORCE RIGHTS UNDER
22 SUB-SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (II), IN ADDITION TO ANY
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1 OTHER REMEDY OR DAMAGES, A PLAINTIFF SHALL BE ENTITLED TO
2 REASONABLE ATTORNEY FEES, AND, IF IT IS SHOWN THAT THE DEFENDANT
3 OR DEFENDANTS KNOWINGLY FAILED TO COMPLY WITH
4 SUB-SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (II), IN ADDITION TO ANY
5 OTHER REMEDY, THE PLAINTIFF SHALL BE ENTITLED TO DAMAGES EQUAL
6 TO THREE TIMES THE COST OF THE EMISSIONS CERTIFICATE AND ANY
7 REPAIRS NECESSARY TO OBTAIN THE EMISSIONS CERTIFICATE.
8 (A.7) AT ALL LOCATIONS WHERE A PERSON MAY REGISTER A
9 MOTOR VEHICLE, THE DEPARTMENT SHALL POST A SIGN NOTIFYING
10 PERSONS OF THEIR RIGHTS UNDER THIS SUBPARAGRAPH (II).
11 SECTION 2. 12-6-104 (3) (k) (I), Colorado Revised Statutes, is
12 amended BY THE ADDITION OF A NEW SUB-SUBPARAGRAPH to
13 read:
14 12-6-104. Board - oath - meetings - powers and duties. (3) The
15 board is authorized and empowered:
16 (k) (I) To prescribe a form or forms to be used as a part of a
17 contract for the sale of a motor vehicle by any motor vehicle dealer or
18 motor vehicle salesperson, other than a retail installment sales contract
19 subject to the provisions of the "Uniform Consumer Credit Code", articles
20 1 to 9 of title 5, C.R.S., which shall include the following information in
21 addition to any other disclosures or information required by state or
22 federal law:
23 (F) EXCEPT FOR TRANSACTIONS CONDUCTED PURSUANT TO
24 SECTION 42-4-309 (6), C.R.S., FOR ALL MOTOR VEHICLES SOLD WITHIN THE
25 PROGRAM AREA AS DEFINED IN SECTION 42-4-304 (20), C.R.S., IN
26 BOLD-FACED TYPE, OF THE SIZE SPECIFIED IN SUB-SUBPARAGRAPH (A) OF
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1 THIS SUBPARAGRAPH (I), A NOTIFICATION THAT THE DEALER IS
2 RESPONSIBLE FOR DELIVERING TO THE PURCHASER OR TO THE DEPARTMENT
3 OF REVENUE A NEW CERTIFICATE OF EMISSIONS CONTROL AND THAT IF THE
4 DEALER FAILS TO DO SO THE PURCHASER MAY RESCIND THE SALE OR
5 COLLECT AS DAMAGES THREE TIMES THE COST OF OBTAINING THE
6 CERTIFICATE INCLUDING ANY REPAIR COSTS NECESSARY TO OBTAIN THE
7 CERTIFICATE.
8 SECTION 3. Safety clause. The general assembly hereby finds,
9 determines, and declares that this act is necessary for the immediate
10 preservation of the public peace, health, and safety.}