First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-1061.01 Yelana Love x2295 SENATE BILL 15-266 SENATE SPONSORSHIP Sonnenberg, Crowder, Balmer, Holbert, Jahn, Todd HOUSE SPONSORSHIP Kraft-Tharp, Becker J., Landgraf, Primavera, Roupe Senate Committees House Committees Transportation A BILL FOR AN ACT Concerning the requirement that a motor vehicle dealer deliver a certificate of title on a vehicle within thirty days after it is sold. 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 dealer has thirty days to deliver a certificate of title to the purchaser. The bill clarifies that days do not count if the dealer is waiting for action by another person when the action is necessary to deliver the certificate. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 42-6-112 as follows: 42-6-112. Initial registration of a vehicle - dealer responsibility to timely forward certificate of title to purchaser or holder of a chattel mortgage. A dealer of motor or off-highway vehicles shall within thirty days after the sale, deliver or facilitate the delivery of the certificate of title to a purchaser or the holder of a chattel mortgage on the motor or off-highway vehicle subject to section 42-6-109 within thirty days after the sale; except that the period during which a dealer is awaiting receipt of the title from another person or entity as required by this section does not count against the thirty-day period, provided that all liens and chattel mortgages have been satisfied and any other customary documents required to obtain the title have been submitted in a timely manner to the person or entities holding or facilitating the delivery of the title to the dealer. SECTION 2. In Colorado Revised Statutes, 42-6-119, amend (3) introductory portion as follows: 42-6-119. Certificates for vehicles registered in other states. (3) Upon the sale by a dealer of a motor or off-highway vehicle, the certificate of title to which was issued in a state other than Colorado, the dealer shall within thirty days after the sale, deliver or facilitate the delivery to the purchaser the certificate of title duly and properly endorsed or assigned to the purchaser with within thirty days after the sale; except that the period during which a dealer is awaiting receipt of the title from another person or entity as required by this section does not count against the thirty-day period, provided that all liens and chattel mortgages have been satisfied and any other customary documents required to obtain the title have been submitted in a timely manner to the person or entities holding or facilitating the delivery of the title to the dealer. When delivering or facilitating the delivery of the certificate of title, the dealer shall also give the purchaser a statement by the dealer containing or accompanied by a written declaration that it is made under the penalties of perjury in the second degree, as defined in section 18-8-503, C.R.S., and setting forth the following: SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2015, if adjournment sine die is on May 6, 2015); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.