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 11-1185
      
      
      BY REPRESENTATIVE(S) Ramirez, DelGrosso, Kerr J., Labuda, Liston,
      Nikkel, Priola, Schafer S., Stephens, Tyler, Waller, Wilson, McNulty,
      Brown, Summers, Todd, Williams A.;
      also SENATOR(S) Mitchell, Aguilar, Jahn, King S., Spence, Williams S.
      
      
      Concerning the imposition of a time limit within which a lienholder
           must provide the certificate of title to a motor vehicle with
           evidence of release of a lien that has been satisfied.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  42-6-125, Colorado Revised Statutes, is amended BY
      THE ADDITION OF A NEW SUBSECTION to read:
      
           42-6-125.  Release of mortgages.  (2) (a) (I)  Except when a
      lienholder can show extenuating circumstances, within fifteen
      calendar days after a lien or mortgage on a motor vehicle is paid
      and satisfied, a lienholder shall release the lien or mortgage as
      required by subsection (1) of this section.
      
           (II)  As used in this subsection (2), "extenuating
      circumstances" means a situation where access to the title is
      impaired, making good faith compliance with this subsection (2)
      impossible within the time frame required by this paragraph (a). 
      "Extenuating circumstances" does not include intentional or
      negligent acts by a lienholder that result in delay beyond the
      time frame required in this subsection (2).
      
           (b)  Any person aggrieved by a violation of this subsection
      (2) may bring a civil action in a court of competent jurisdiction to
      bring about compliance with this subsection (2) and for any
      damages arising from the violation.
      
           SECTION 2.  Effective date - applicability.  This act shall take
      effect upon passage and shall apply to certificates of title for motor vehicles
      on or after said date.
      
           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.
      
      
      
      
      ________________________________________________________
      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