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.
      
      
      SENATE BILL 10-201
      
      
      BY SENATOR(S) Mitchell and Romer, Foster, Hodge, Kester, Kopp,
      Morse, Newell, Penry, Scheffel, Shaffer B., Tapia, Brophy, Gibbs, Harvey,
      King K., Lundberg, Schultheis, Spence, Whitehead, Williams;
      also REPRESENTATIVE(S) Soper and Balmer, Baumgardner, Bradford,
      Casso, DelGrosso, Hullinghorst, Kagan, Liston, Looper, McNulty,
      Merrifield, Priola, Rice, Scanlan, Sonnenberg, Stephens, Frangas,
      Gardner C., Kefalas, Middleton, Summers.
      
      
      Concerning enforcement of the motor vehicle franchise laws
           against certain types of licensees.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  12-6-118 (1) (c), Colorado Revised Statutes, is
      amended to read:
      
           12-6-118.  Licenses - grounds for denial, suspension, or
      revocation.  (1)  A manufacturer's or distributor's license may be denied,
      suspended, or revoked on the following grounds:
      
           (c)  Willful failure to comply with any provisions of this part 1,
      including the right of first refusal created in section 12-6-120.3
      (5), or any rule or regulation promulgated by the executive director;
      
           SECTION 2.  12-6-105, Colorado Revised Statutes, is amended BY
      THE ADDITION OF A NEW SUBSECTION to read:
      
           12-6-105.  Powers and duties of executive director.  (3)  The
      executive director may impose a civil fine of not less than ten
      thousand dollars and not more than twenty-five thousand
      dollars on a motor vehicle manufacturer, distributor, or
      manufacturer's representative who knowingly violates section
      12-6-120.3 (5).  Each day that a manufacturer, distributor, or
      manufacturer's representative violates section 12-6-120.3 (5) by
      failing to offer the right of first refusal or failing to make a
      payment required by section 12-6-120.3 (5) is a separate offense.
      
           SECTION 3.  12-6-122 (3), Colorado Revised Statutes, is amended
      to read:
      
           12-6-122.  Right of action for loss.  (3)  If any licensee suffers any
      loss or damage by reason of any unlawful act as provided in because of a
      violation of section 12-6-120 (1) such or 12-6-120.3 (5), the licensee
      shall have a right of action against such the manufacturer, distributor, or
      manufacturer representative.  In any court action wherein a manufacturer,
      distributor, or manufacturer representative has been found liable in damages
      to any licensee under this part 1, any licensee so damaged shall also be
      entitled to recover reasonable attorney fees and costs as part of his or her
      damages.
      
           SECTION 4.  Applicability.  This act applies to offenses committed
      on or after the effective date of this act.
      
           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.
      
      
      
      
      ____________________________  ____________________________
      Brandon C. Shaffer                Terrance D. Carroll
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO