NOTE: The governor signed this measure on 4/7/2016.
      
      
      SENATE BILL 16-010
      
      
      BY SENATOR(S) Baumgardner, Crowder, Scheffel, Cadman;
      also REPRESENTATIVE(S) Becker J., Brown, Klingenschmitt, Melton.
      
      
      Concerning the purchase of an off-highway vehicle by a dealer.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 42-6-102, add (11.7)
      as follows:
      
           42-6-102.  Definitions. As used in this part 1, unless the context
      otherwise requires:
      
           (11.7)  "Off-highway vehicle dealer" means both of the
      following as defined in section 12-6-502, C.R.S.:
      
           (a)  A powersports vehicle dealer; and
      
           (b)  A used powersports vehicle dealer.
      
           SECTION 2.  In Colorado Revised Statutes, 42-6-148, amend (1)
      and (2) as follows:
      
           42-6-148.  Off-highway vehicles - sales. (1) (a)  Unless the owner
      has obtained a certificate of title for an off-highway vehicle under this
      article, a person shall not sell the off-highway vehicle and an off-highway
      a vehicle dealer shall not purchase the off-highway vehicle; except that
      the dealer may purchase an off-highway vehicle without a
      certificate of title if the vehicle has never been titled and was
      originally purchased in:
      
           (I)  Colorado before July 1, 2014; or
      
           (II)  A foreign jurisdiction that does not or did not issue
      certificates of title to off-highway vehicles when purchased.
      
           (b)  If an off-highway vehicle dealer purchases an
      off-highway vehicle without a certificate of title, the dealer
      shall before finalizing the purchase require the seller to sign an
      affidavit that:
      
           (I)  Is made under penalty of perjury;
      
           (II)  States whether the vehicle is subject to a lien interest,
      and if there is a lien holder, the name of the lien holder;
      
           (III)  States that the seller owns the off-highway vehicle;
      
           (IV)  Indicates how long the seller has owned the
      off-highway vehicle; and
      
           (V)  Contains a warning to the seller that falsifying the
      affidavit is perjury because the affidavit is submitted to a public
      official.
      
           (c)  Upon being contacted by a powersports vehicle dealer,
      a law enforcement agency shall check the Colorado crime
      information center computer system to ascertain if the
      off-highway vehicle has been reported stolen. If the off-highway
      vehicle has been stolen, the agency shall recover and secure the
      vehicle and notify its rightful owner. Upon the release of the
      off-highway vehicle to the owner or lienholder, the agency shall
      adjust or delete the entry in the Colorado crime information
      center computer system.
      
           (d)  To obtain a title for an off-highway vehicle that an
      off-highway vehicle dealer purchased without a certificate of
      title, the dealer must present to the department an affidavit as
      described in paragraph (b) of this subsection (1), signed by the
      seller from whom the off-highway vehicle dealer acquired the
      off-highway vehicle.
      
           (e)  A sale or purchase made in violation of this subsection (1) is
      void.
      
           (2)  A current off-highway vehicle registration issued under article
      14.5 of title 33, C.R.S., is sufficient evidence of ownership to issue a
      certificate of title under this part 1 if the off-highway vehicle was first
      purchased in Colorado before July 1, 2014, and has been
      registered for at least one year.
      
           SECTION 3.  Act subject to petition - effective date -
      applicability. (1)  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 10, 2016, if adjournment sine die is on May 11,
      2016); 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.
      
           (2)  This act applies to off-highway vehicle purchases made on or
      after the applicable effective date of this act.
      
      
      
      
      ____________________________  ____________________________
      Bill L. Cadman                Dickey Lee Hullinghorst
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Effie Ameen                            Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO