HOUSE 3rd Reading Unamended March 28, 2016 HOUSE Amended 2nd Reading March 24, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-1005.01 Jery Payne x2157 HOUSE BILL 16-1296 HOUSE SPONSORSHIP Melton, SENATE SPONSORSHIP Tate, House Committees Senate Committees Transportation & Energy A BILL FOR AN ACT Concerning the unlicensed selling of automobiles. 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.) The bill increases the penalties on unlicensed car dealers. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 12-6-121 as follows: 12-6-121. Penalty. Any person who willfully violates any of the provisions of this part 1 or who willfully commits any offense in this part 1 declared to be unlawful commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.; except that any person who violates the provisions of section 12-6-120 (2) commits a class 3 misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars or more than one thousand dollars and a penalty of twenty-five hours of useful public service, neither of which the court may suspend, for each separate offense; except that, if the violator is a corporation, the corporation shall be punished by a fine shall be of not less than five hundred thousand dollars or nor more than two thousand five hundred twenty-five thousand dollars for each separate offense. A second conviction for an individual shall be punished by a fine of two thousand five hundred dollars not less than five thousand dollars nor more than twenty-five thousand dollars and imprisonment of ten days, neither of which the court may suspend. SECTION 2. In Colorado Revised Statutes, amend 12-6-121.5 as follows: 12-6-121.5. Fines - disposition - unlicensed sales. Any Of any fine collected for a violation of section 12-6-120 (2) half shall be awarded to the law enforcement agency which investigated and issued the citation for said the violation and the other half shall be credited to the auto dealers license fund created in 12-6-123. 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 offenses committed on or after the applicable effective date of this act.