NOTE: The governor signed this measure on 6/8/2016.
      
      
      HOUSE BILL 16-1335
      
      
      BY REPRESENTATIVE(S) Pabon and Melton, Arndt, Duran, Garnett,
      Ginal, Lontine, Moreno, Salazar, Singer, Vigil, Young, Becker K., Esgar,
      Fields, Foote, Hamner, Kraft-Tharp, Mitsch Bush, Pettersen, Primavera,
      Roupe, Ryden, Winter;
      also SENATOR(S) Steadman, Aguilar, Garcia, Guzman, Ulibarri, Carroll,
      Donovan, Heath, Hodge, Johnston, Jones, Kerr, Merrifield, Newell, Todd.
      
      
      Concerning the unlawful sale of certain publicly provided
           government services.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add 18-8-117 as
      follows:
      
           18-8-117.  Unlawful sale of publicly provided services or
      appointments. (1)  A person commits an unlawful sale of public
      services if the person does any of the following with respect to a
      government service or an appointment to receive a government
      service and if a government entity makes the service or
      appointment publicly available without charge:
      
           (a)  The person reserves or obtains the service or
      appointment, and the person sells the service or appointment;
      
           (b)  The person reserves or obtains, with the intent to sell,
      the service or appointment;
      
           (c)  The person reserves or obtains the service or
      appointment, and the person appends the service or appointment to
      another good or service the person offers for sale; or
      
           (d)  The person falsely represents to the potential customer
      that the person has obtained or secured the service or
      appointment, and the person attempts to sell the service or
      appointment.
      
           (2)  This section does not apply when the person:
      
           (a)  Has consent from the government entity to sell the
      specific service or appointment obtained or reserved; or
      
           (b)  Is obtaining and selling or offering to sell only
      information.
      
           (3)  Unlawful sale of public services is a class 1
      misdemeanor, as defined in section 18-1.3-501.
      
           (4)  As used in this section, "government entity" means the
      state of Colorado, a political subdivision of Colorado, or an
      agency of either the state of Colorado or a political subdivision
      of Colorado.
      
           SECTION 2.  In Colorado Revised Statutes, 6-1-105, add (1) (jjj)
      as follows:
      
           6-1-105.  Deceptive trade practices. (1)  A person engages in a
      deceptive trade practice when, in the course of the person's business,
      vocation, or occupation, the person:
      
           (jjj)  Violates section 6-1-726.
      
           SECTION 3.  In Colorado Revised Statutes, add 6-1-726 as
      follows:
      
           6-1-726.  Sale of public services. (1)  A person engages in a
      deceptive trade practice when, in the course of the person's
      business, vocation, or occupation, the person does any of the
      following with respect to a government service or an
      appointment to receive a government service and if a government
      entity makes the service or appointment publicly available
      without charge:
      
           (a)  The person reserves or obtains the service or
      appointment, and the person sells the service or appointment;
      
           (b)  The person reserves or obtains, with the intent to sell,
      the service or appointment;
      
           (c)  The person reserves or obtains the service or
      appointment, and the person appends the service or appointment to
      another good or service the person offers for sale; or
      
           (d)  The person falsely represents to the potential customer
      that the person has obtained or secured the service or
      appointment, and the person attempts to sell the service or
      appointment.
      
           (2)  This section does not apply when the person:
      
           (a)  Has consent from the government entity to sell the
      specific service or appointment obtained or reserved; or
      
           (b)  Is obtaining and selling or offering to sell only
      information.
      
           (3)  As used in this section, "government entity" means the
      state of Colorado, a political subdivision of Colorado, or an
      agency of either the state of Colorado or a political subdivision
      of Colorado.
      
           SECTION 4.  Effective date - applicability. This act takes effect
      July 1, 2016, and applies to offenses committed on or after said date.
      
           SECTION 5.  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.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO