Bill Summary for Bill Number SB09-091

Date: 02/11/2009

Final
BILL SUMMARY for SB09-091

SENATE COMMITTEE ON BUSINESS, LABOR AND TECHNOLOGY

Votes: View-->	Action Taken:
Moved prepared Amendment L.014 (Attachment E). Th Moved prepared Amendment L.015 (Attachment F). Th Moved prepared Amendment L.016 (Attachment G). The Moved prepared Amendment L.017 (Attachment H). Th Moved to refer Senate Bill 09-091, as amended, to	Pass Without Objection PASS FAIL FAIL PASS

02:49 PM -- Senate Bill 09-091

The committee reconvened. Senate Bill 09-091 was scheduled for action only, as the committee had already discussed and considered witness testimony regarding the bill on Monday, February 9. Senator Romer came to the table and distributed prepared Amendment L.014 (Attachment E). The amendment strikes everything below the enacting clause. Senator Romer discussed the changes made by the amendment. Jery Payne, a staff member from the Office of Legislative Legal Services, came to the table to provide further explanation.

02:56 PM

Senator Romer responded to a question from Senator Mitchell regarding the effect of extending the notice provision. He discussed how the extension may enable car manufacturers to have more time to meet with dealers, and addressed the challenges facing car manufacturers.

02:58 PM

Mr. Payne continued his explanation. Senator Romer discussed a concession made by the Colorado Automobile Dealers Association. Mr. Payne finished his explanation.

03:02 PM

Senator Romer made closing remarks about the bill.


BILL:	SB09-091
TIME:	03:05:33 PM
MOVED:	Tochtrop
MOTION:	Moved prepared Amendment L.014 (Attachment E). The amendment strikes everything below the enacting clause. The motion passed without objection.
SECONDED:
		VOTE
	Foster
	Harvey
	Mitchell
	Scheffel
	Tochtrop
	Heath
	Veiga

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:05 PM

Senator Veiga distributed prepared Amendment L.015 (Attachment F), and Senator Heath distributed prepared Amendments L.016 (Attachment G) and L.017 (Attachment H). Senator Romer noted that the section on incentives had been split into a portion on in-state incentives and one on out-of-state incentives. Senator Veiga explained Amendment L.015, concerning out-of-state incentives and interstate commerce issues.

03:07 PM

Senator Harvey discussed his reasons for supporting the amendment and discussed the legislature's role in regulating private contracts. Senator Foster explained her reasons for not supporting the amendment, and Senator Veiga offered clarification about the manufacturers' position on the amendment. Senator Romer stated that he did not view Amendment L.015 as a friendly amendment and discussed issues involving interstate commerce. Senator Veiga made additional comments and discussed the relevance of the federal "Robertson-Patman Act."


BILL:	SB09-091
TIME:	03:13:51 PM
MOVED:	Veiga
MOTION:	Moved prepared Amendment L.015 (Attachment F). The motion passed on a 5-2 roll call vote.
SECONDED:
		VOTE
	Foster	No
	Harvey	Yes
	Mitchell	Yes
	Scheffel	No
	Tochtrop	Yes
	Heath	Yes
	Veiga	Yes

Not Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:14 PM

Senator Heath explained prepared Amendment L.016. Senator Veiga asked for clarification about the amendment, and Senator Romer voiced opposition to the amendment. Senator Harvey asked Senator Romer to clarify his position on the amendment, and Senator Romer indicated that Senator Harvey's questions pertained to Amendment L.017.


BILL:	SB09-091
TIME:	03:14:14 PM
MOVED:	Heath
MOTION:	Moved prepared Amendment L.016 (Attachment G). The motion failed on a 0-7 roll call vote.
SECONDED:
		VOTE
	Foster	No
	Harvey	No
	Mitchell	No
	Scheffel	No
	Tochtrop	No
	Heath	No
	Veiga	No

Not Final YES: 0 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

03:19 PM

Senator Heath explained prepared Amendment L.017 (Attachment H). Senator Romer discussed his concerns with the amendment, and indicated that it would be better to let the market adjust to the new relationship between manufacturers and dealers. He asked the committee members to oppose the amendment.


BILL:	SB09-091
TIME:	03:19:24 PM
MOVED:	Heath
MOTION:	Moved prepared Amendment L.017 (Attachment H). The motion failed on a 2-5 roll call vote.
SECONDED:
		VOTE
	Foster	No
	Harvey	No
	Mitchell	Yes
	Scheffel	No
	Tochtrop	No
	Heath	Yes
	Veiga	No

Not Final YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-091
TIME:	03:24:38 PM
MOVED:	Tochtrop
MOTION:	Moved to refer Senate Bill 09-091, as amended, to the Committee of the Whole. The motion passed on a 6-1 roll call vote.
SECONDED:
		VOTE
	Foster	Yes
	Harvey	Yes
	Mitchell	No
	Scheffel	Yes
	Tochtrop	Yes
	Heath	Yes
	Veiga	Yes

Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS