NOTE: The governor signed this measure on 6/5/2013.
      
      
      SENATE BILL 13-265
      
      
      BY SENATOR(S) Kerr and Balmer, Giron, King, Newell, Todd;
      also REPRESENTATIVE(S) Holbert and Kagan, Buckner, Fields, Fischer,
      Labuda, Lebsock, Melton, Murray, Schafer, Singer.
      
      
      Concerning applicability of Colorado statutes to franchise
           agreements between vehicle dealers and the suppliers of
           these vehicles.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 12-6-101, add (1) (e)
      as follows:
      
           12-6-101.  Legislative declaration. (1)  The general assembly
      hereby declares that:
      
           (e)  Subject to the United States constitution and the
      Colorado constitution, this article applies to each sales, service,
      and parts agreement in effect, regardless of when the agreement
      was adopted.
      
           SECTION 2.  In Colorado Revised Statutes, 12-6-102, amend
      (16.6) as follows:
      
           12-6-102.  Definitions. As used in this part 1 and in part 5 of this
      article, unless the context or section 12-6-502 otherwise requires:
      
           (16.6)  "Sales, service, and parts agreement" means an agreement
      between a manufacturer, distributor, or manufacturer representative and a
      motor vehicle or powersports dealer authorizing the dealer to sell and
      service a line-make of motor or powersports vehicles or imposing any duty
      on the dealer in consideration for the right to have or competitively operate
      a franchise, including any amendments or additional related agreements
      thereto. Each amendment, modification, or addendum that
      materially affects the rights, responsibilities, or obligations of
      the contracting parties creates a new a sales, service, and parts
      agreement.
      
           SECTION 3.  In Colorado Revised Statutes, 12-6-115, amend (5)
      as follows:
      
           12-6-115.  Application - prelicensing education - rules. (5) (a)  All
      persons Each person applying for a manufacturer's or distributor's license
      shall:
      
           (I)  File with the executive director a certified copy of their typical
      written sales, service, and parts agreement with all motor vehicle
      dealers; and also
      
           (II)  File evidence of the appointment of an agent for process in the
      state of Colorado. shall be included with the application.
      
           (b)  Within sixty days after amending or modifying or adding
      an addendum to the sales, service, or parts agreement of more
      than one motor vehicle dealer, a licensed manufacturer or
      distributor shall file a certified copy of the new sales, service,
      and parts agreement, including the changes, with the executive
      director if the amendment, modification, or addendum materially
      alters the rights and obligations of the contracting parties.
      
           SECTION 4.  In Colorado Revised Statutes, 12-6-517, amend (5)
      as follows:
      
           12-6-517.  Application - rules. (5) (a)  A person applying for a
      powersports vehicle manufacturer's or distributor's license shall:
      
           (I)  File with the executive director a certified copy of a typical
      written sales, service, and parts agreement with all powersports vehicle
      dealers; and also
      
           (II)  File evidence of the appointment of an agent for process in the
      state of Colorado. shall be included with the application.
      
           (b)  Within sixty days after amending or modifying or adding
      an addendum to the sales, service, or parts agreement of more
      than one powersports dealer, a licensed manufacturer or
      distributor shall file a certified copy of the new sales, service,
      and parts agreement, including the changes, with the executive
      director if the amendment, modification, or addendum materially
      alters the rights and obligations of the contracting parties.
      
           SECTION 5.  Act subject to petition - effective date. 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
      7, 2013, if adjournment sine die is on May 8, 2013); 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 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO