Amendments for SB20-167

Senate Journal, February 21
SB20-167 by Senator(s) Hansen and Priola, Bridges, Fenberg, Winter; also Representative(s) Becker--
Concerning increasing consumer access to electric motor vehicles by allowing
manufacturers to sell their own electric motor vehicles directly to consumers.

Amendment No. 1(L.005), by Senator Hill.

Amend printed bill, page 2, line 15, after "(g)" insert "(I)".

Page 2, after line 17 insert:

"(II) NOTHING IN THIS SUBSECTION (2)(g) AFFECTS EXISTING
FRANCHISE AGREEMENTS OR RIGHTS TO RELEVANT MARKET AREAS AS
PROVIDED IN AN EXISTING FRANCHISE AGREEMENT OR IN SECTION
44-20-125.".


Amendment No. 2(L.007), by Senator Hill.

Amend the Hill floor amendment, (SB167_L.005), page 1, line 3, strike
"EXISTING".


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

(For further action, see amendments to the report of the Committee of the Whole.)


Senate Journal, February 28
SB20-167 by Senator(s) Hansen and Priola, Bridges, Fenberg, Winter; also Representative(s) Becker--
Concerning increasing consumer access to electric motor vehicles by allowing
manufacturers to sell their own electric motor vehicles directly to consumers.

A majority of those elected to the Senate having voted in the affirmative, Senator Hill was
given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.010), by Senator Hill.

Amend engrossed bill, strike everything below the enacting clause and
substitute:

"SECTION 1. In Colorado Revised Statutes, 44-20-126, amend
(2)(c) and (2)(d); and repeal (2)(e) and (2)(f) as follows:
44-20-126. Independent control of dealer - definitions.
(2) Notwithstanding subsection (1) of this section, the following
activities are not prohibited:
(c) Participation in the ownership of the dealer solely for the
purpose of providing financing or a capital loan that will enable the
dealer to become the majority owner of the dealer in less than seven
years; OR
(d) OWNERSHIP, operation, OR CONTROL of a ONE OR MORE motor
vehicle dealer DEALERS if the manufacturer MANUFACTURES ONLY
ELECTRIC VEHICLES AND has no other FRANCHISED dealers of the same
line-make in this state.
(e) Ownership, operation, or control of a used motor vehicle
dealer if the manufacturer owned, operated, or controlled the used motor
vehicle dealer on January 1, 2009, and has continuously operated or
controlled the used motor vehicle facilities after January 1, 2009; and
(f) Operation of a motor vehicle dealer if the manufacturer was
operating the dealer on January 1, 2009, so long as the dealer is in
continuous operation after January 1, 2009.
SECTION 2. 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 5, 2020, if adjournment sine die is on
May 6, 2020); 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 2020 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 to ownership, operation, or control of a motor
vehicle dealer on or after the applicable effective date of this act.".


The amendment was passed on the following roll call vote:


YES 32 NO 2 EXCUSED 1 ABSENT 0
Bridges N Gardner Y Marble Y Story Y
Cooke Y Ginal Y Moreno Y Tate N
Coram Y Gonzales Y Pettersen Y Todd Y
Crowder Y Hansen Y Priola Y Williams A. Y
Danielson Y Hill Y Rankin Y Winter Y
Donovan Y Hisey Y Rodriguez Y Woodward Y
Fenberg Y Holbert Y Scott E Zenzinger Y
Fields Y Lee Y Smallwood Y President Y
Foote Y Lundeen Y Sonnenberg Y

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:

YES 22 NO 12 EXCUSED 1 ABSENT 0
Bridges Y Gardner N Marble N Story Y
Cooke N Ginal Y Moreno Y Tate N
Coram N Gonzales Y Pettersen Y Todd Y
Crowder N Hansen Y Priola Y Williams A. Y
Danielson Y Hill Y Rankin N Winter Y
Donovan Y Hisey N Rodriguez Y Woodward N
Fenberg Y Holbert N Scott E Zenzinger Y
Fields Y Lee Y Smallwood N President Y
Foote Y Lundeen Y Sonnenberg N


House Journal, March 9
38 SB20-167 be amended as follows, and as so amended, be referred to
39 the Committee of the Whole with favorable
40 recommendation:
41
42 Amend reengrossed bill, page 2, strike line 3 and substitute "(2)(d);
43 repeal (2)(e) and (2)(f); and add (2)(g) as follows:".
44
45 Page 2, strike lines 7 through 13 and substitute:
46
47 "(d) Operation of a motor vehicle dealer if the manufacturer has
48 no other dealers of the same line-make in this state; OR".
49
50 Page 2, after line 20 insert:
51
52 "(g) OWNERSHIP, OPERATION, OR CONTROL OF ONE OR MORE
53 MOTOR VEHICLE DEALERS IF THE MANUFACTURER MANUFACTURES ONLY
54 ELECTRIC VEHICLES AND HAS NO FRANCHISED DEALERS OF THE SAME
55 LINE-MAKE IN THIS STATE.".
56
1 PRINTING REPORT
2
3 The Chief Clerk reports the following bills have been correctly printed:
4 HB20-1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357.