Amendments for SB24-192
Senate Journal, April 17
After consideration on the merits, the Committee recommends that SB24-192 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, line 3, strike "the introductory portion, (1)," and
substitute "the introductory portion".
Page 3, strike lines 6 through 12.
Page 3, strike lines 14 and 15 and substitute "vehicle, including pickup trucks
and vans, designed primarily for travel on the public".
Page 3, lines 18 and 19, strike "(57) or vehicles designed to travel on three or
fewer wheels in contact with the ground" and substitute "(57), or vehicles
designed to travel on three or fewer wheels in contact with the ground, OR".
Page 3, line 22, strike "LIFE-THREATENING".
Page 3, strike line 23 and substitute:
"(a) RESULTS IN A CONDITION THAT IS LIKELY TO CAUSE DEATH OR
SERIOUS BODILY INJURY IF THE VEHICLE IS DRIVEN; OR".
Page 4, strike lines 1 through 4 and substitute:
(b) CREATES A RISK OF FIRE OR EXPLOSION.".
Page 4, line 7, strike "(1)".
Page 4, strike lines 21 through 25.
Page 5, strike lines 14 through 18 and substitute "their interests may appear. A
reasonable allowance for use shall be that amount directly attributable to use by
the consumer and any previous consumer prior to the consumer's first written
report of the nonconformity to the manufacturer, agent, or dealer and during any
subsequent period when the vehicle is not out of service by reason of repair.".
Page 5, line 22, strike "The same A" and substitute "The same".
Page 6, line 3, strike "TWENTY-ONE" and substitute "TWENTY-FOUR".
Page 6, strike line 16 and substitute "the one-year TWO-YEAR period, and the
thirty-day TWENTY-FOUR-DAY".
Page 6, line 23, strike "and" and substitute "and STATING THAT ONE OR MORE
ATTEMPTS TO REPAIR THE SAME NONCONFORMITY HAVE BEEN MADE PURSUANT
TO SECTION 42-10-102 AND THE ALLEGED NONCONFORMITY REMAINS, AND THE
MANUFACTURER".
Page 6, line 24, strike "an opportunity" and substitute "an opportunity TEN
DAYS".
Page 6, line 25, strike "WITHIN TEN DAYS".
Page 6, line 27, after "(2)(a)(I)" insert "AND (2)(a)(III)".
Page 7, line 8, strike "REPORT OF THE NONCONFORMITY" and substitute
"PRESENTATION OF THE VEHICLE".
Page 7, line 25, strike "FORTY-TWO" and substitute "THIRTY".
Page 8, line 1, strike "42-10-106." and substitute "42-10-106 OR WHILE THE
MOTOR VEHICLE IS NOT AVAILABLE FOR USE BY REASON OF REPAIR.".
Page 8, lines 2 and 3, strike "42-10-108 and 42-10-109" and substitute
"42-10-108, 42-10-109, and 42-10-110".
Page 8, strike lines 24 through 27.
Reletter succeeding paragraphs accordingly.
Page 9, line 5, after "THAT" insert "CLEARLY AND CONSPICUOUSLY".
Page 9, line 6, strike "BUYBACK AND REPAIR"" and substitute "BUYBACK"".
Page 9, line 8, strike "DECAL UNTIL THE MOTOR VEHICLE IS SOLD;" and
substitute "DECAL;".
Page 9, after line 12, insert:
"(2) A SELLER OF A MOTOR VEHICLE, INCLUDING A MANUFACTURER OR
DEALER, WHO KNOWS OR SHOULD HAVE KNOWN THAT THE MOTOR VEHICLE WAS
RETURNED PURSUANT TO SECTION 42-10-103 (1) OR WAS RETURNED DUE TO THE
FAILURE OF THE MANUFACTURER TO CONFORM THE VEHICLE TO WARRANTIES
REQUIRED BY ANY OTHER LAW OF ANOTHER STATE SHALL CLEARLY AND
CONSPICUOUSLY DISCLOSE THAT THE MOTOR VEHICLE IS A LEMON LAW
BUYBACK BEFORE THE SALE OF THE MOTOR VEHICLE. A SELLER COMPLIES WITH
THIS SUBSECTION (2) IF A DECAL IN ACCORDANCE WITH SUBSECTION (1)(b) OF
THIS SECTION IS ATTACHED TO THE MOTOR VEHICLE AT THE TIME OF SALE AND
THE SALE WAS COMPLETED IN PERSON.
42-10-110. Applicability. (1) THIS ARTICLE 10 APPLIES ONLY TO A
NEW VEHICLE, AS DEFINED IN SECTION 42-6-102 (11), SOLD TO A CONSUMER.
(2) THIS ARTICLE 10 DOES NOT APPLY TO A USED MOTOR VEHICLE
DEALER LICENSED IN ACCORDANCE WITH ARTICLE 20 OF TITLE 44.".
Page 10, lines 10 and 11, strike "BUYBACK AND REPAIR"." and substitute
"BUYBACK".".
Strike "THIRTY-SIX" and substitute "TWENTY-FOUR" on: Page 4, line 12; Page
5, line 25; and Page 6, line 11.
Strike "THREE" and substitute "TWO" on: Page 4, line 13; Page 5, line 26; and
Page 6, line 12.
Business,
Labor, &
Technology
Senate Journal, April 23
After consideration on the merits, the Committee recommends that SB24-192 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 10, after line 27 insert:
"SECTION 10. Appropriation. (1) For the 2024-25 state fiscal year,
$19,605 is appropriated to the department of revenue. This appropriation is
from the Colorado DRIVES vehicle services account in the highway users tax
fund created in section 42-1-211 (2), C.R.S. To implement this act, the
department may use this appropriation as follows:
(a) $14,700 for DRIVES maintenance and support;
(b) $1,088 for personal services related to driver services;
(c) $1,540 for personal services related to administration and support;
and
(d) $2,277 for payments to OIT.".
Renumber succeeding section accordingly.
Page 1, line 103, strike "PERFORM." and substitute "PERFORM, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
Senate Journal, April 26
SB24-192 by Senator(s) Michaelson Jenet; also Representative(s) Soper and Snyder--Concerning
changes to the law requiring persons in the business of selling motor vehicles to make a
consumer whole if the motor vehicle fails to perform.
Amendment No. 1, Business, Labor, & Technology Committee Amendment.
(Printed in Senate Journal, April 23, page(s) 913-915 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 26, page(s) 1006-1007 and placed in members' bill files.)
Amendment No. 3(L.007), by Senator Michaelson Jenet.
Amend the Business, Labor, and Technology Committee Report, dated April
16, 2024, page 1, strike lines 1 through 3 and substitute:
"Amend printed bill, page 3, line 3, before "(2.5)" insert "(1.5) and".
Page 3 of the bill, line 7, strike "BOUGHT OR".
Page 3 of the bill, after line 12 insert:
"(1.5) "LEMON LAW BUYBACK VEHICLE" MEANS A MOTOR VEHICLE
THAT WAS REPURCHASED BY OR RETURNED TO THE MANUFACTURER, THE
MANUFACTURER'S AGENT, OR THE MANUFACTURER'S AUTHORIZED DEALER FOR
INABILITY TO CONFORM THE MOTOR VEHICLE TO THE MANUFACTURER'S
WARRANTY IN ACCORDANCE WITH THIS ARTICLE 10 OR WITH ANY OTHER STATE
OR FEDERAL MOTOR VEHICLE WARRANTY LAW.".".
Page 2 of the report, line 15, after "TEN" insert "BUSINESS".
Page 3 of the report, strike lines 8 through 19 and substitute "THE MOTOR
VEHICLE IS A LEMON LAW BUYBACK VEHICLE SHALL CLEARLY AND
CONSPICUOUSLY DISCLOSE THAT THE MOTOR VEHICLE IS A LEMON LAW
BUYBACK VEHICLE BEFORE THE SALE OF THE MOTOR VEHICLE.
(3) THE SELLER OF A LEMON LAW BUYBACK VEHICLE SHALL NOT
REMOVE A LEMON LAW BUYBACK DECAL FROM THE LEMON LAW BUYBACK
VEHICLE.
42-10-110. Applicability. (1) THIS ARTICLE 10 DOES NOT APPLY TO A
USED MOTOR VEHICLE; EXCEPT THAT SECTIONS 42-10-108 AND 42-10-109 APPLY
TO A USED MOTOR VEHICLE.".
Amend printed bill, page 6, line 17, strike "IS" and substitute "ARE".
Page 7 of the bill, line 10, strike "LESSOR;" and substitute "LESSOR FOR REPAIR
OF THE NONCONFORMITY;".
Page 7 of the bill, line 19, strike "vehicle;" and substitute "vehicle, AS
APPLICABLE;".
Page 8 of the bill, strike lines 4 through 19 and substitute:
"42-10-108. Third-party inspection - disclosure. (1) (a) A MOTOR
VEHICLE DEALER SELLING A LEMON LAW BUYBACK VEHICLE TO A POTENTIAL
PURCHASER FOR PURPOSES OTHER THAN FOR RESALE MUST EITHER:
(I) ALLOW A THIRD-PARTY AGENT OF A POTENTIAL PURCHASER TO
INSPECT THES MOTOR VEHICLE BEFORE SELLING THE MOTOR VEHICLE; OR
(II) PROVIDE A SEVEN-DAY FREE-LOOK PERIOD DURING WHICH THE
PURCHASER MAY RETURN THE MOTOR VEHICLE AND RECEIVE A REFUND OF ALL
MONEY PAID TO PURCHASE THE MOTOR VEHICLE, LESS SHIPPING COSTS.
(b) TO MAKE THE INSPECTION PROVIDED IN SUBSECTION (1)(a)(I) OF
THIS SECTION, A THIRD-PARTY AGENT MAY HAVE REASONABLE ACCESS TO
CONDUCT THE INSPECTION, BUT THE THIRD-PARTY AGENT MUST BE QUALIFIED
TO USE OR OPERATE ANY EQUIPMENT USED TO INSPECT THE VEHICLE AND MUST
NOT INTERFERE WITH NORMAL BUSINESS OPERATIONS OF THE MOTOR VEHICLE
DEALER.
(2) A MOTOR VEHICLE DEALER SELLING A LEMON LAW BUYBACK
VEHICLE TO A POTENTIAL PURCHASER FOR PURPOSES OTHER THAN FOR RESALE
MUST CONSPICUOUSLY DISCLOSE IN WRITING, BEFORE THE MOTOR VEHICLE IS
PURCHASED, TO EACH POTENTIAL PURCHASER OF THE MOTOR VEHICLE FOR
PURPOSES OTHER THAN FOR RESALE THE RIGHT DESCRIBED IN SUBSECTION (1)(a)
OF THIS SECTION.".
Page 8 of the bill, strike line 23 and substitute "SHALL, BEFORE THE RESALE OF
THE MOTOR VEHICLE IN THIS STATE:".
Page 9 of the bill, lines 6 and 7, strike "IN A CLEAR AND CONSPICUOUS OR
EASILY VISIBLE LOCATION" and substitute "ON THE BODY POST TO WHICH THE
DRIVER'S DOOR LATCHES, ALSO KNOWN AS THE DRIVER'S DOOR B PILLAR,".
Page 9 of the bill, line 10, before "CERTIFICATE" insert "LEMON LAW BUYBACK
BRANDED".
Page 9 of the bill, strike lines 23 through 25 and substitute:
"(g) IS A LEMON LAW BUYBACK VEHICLE, AS DEFINED IN SECTION
42-10-101 (1.5).".
Page 10 of the bill, strike lines 9 through 11 and substitute "brand. ON AND
AFTER JANUARY 1, 2027, THE APPROPRIATE BRAND IS "LEMON LAW BUYBACK"
IF A MOTOR VEHICLE IS A LEMON LAW BUYBACK VEHICLE, AS DEFINED IN
SECTION 42-10-101 (1.5).".
Page 10 of the bill, line 13, strike "(1)(d), (3)(t), (6)(q), and (6.5)(q)" and
substitute "(1)(d)".
Page 10 of the bill, strike lines 18 through 27.
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.