Colorado 2025 Regular Session

Colorado Senate Bill SB160 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0864.01 Brita Darling x2241
8	8		SENATE BILL 25-160
9	9		Senate Committees House Committees
10	10		Business, Labor, & Technology
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING REQUIRING CERTAIN MOTOR VEHICLE MANUFACTURERS101
14	14		THAT HAVE AFFILIATES TO SELL THROUGH FRANCHISED MOTOR102
15	15		VEHICLE DEALERS.103
16	16		Bill Summary
17	17		(Note: This summary applies to this bill as introduced and does
18	18		not reflect any amendments that may be subsequently adopted. If this bill
19	19		passes third reading in the house of introduction, a bill summary that
20	20		applies to the reengrossed version of this bill will be available at
21	21		http://leg.colorado.gov
22	22		.)
23	23		The bill amends the definition of a "manufacturer" of new motor
24	24		vehicles to include an affiliate of a manufacturer and defines the term
25	25		"affiliate".
26	26		The bill clarifies that the provision in current law prohibiting a
27	27		manufacturer from owning, operating, or controlling a motor vehicle
28		-	SENATE
29		-	3rd Reading Unamended
30		-	March 17, 2025
31	28		SENATE
32	29		Amended 2nd Reading
33	30		March 14, 2025
34	31		SENATE SPONSORSHIP
35	32		Snyder and Jodeh, Liston
36	33		HOUSE SPONSORSHIP
37	34		Hamrick and Mauro,
38	35		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
39	36		Capital letters or bold & italic numbers indicate new material to be added to existing law.
40	37		Dashes through the words or numbers indicate deletions from existing law. dealer or used motor vehicle dealer in the state also includes competing
41	38		against a motor vehicle dealer or used motor vehicle dealer. Further, the
42	39		bill extends the prohibition to include motor vehicle dealer-operated
43	40		service centers in the state.
44	41		Current law does not prohibit ownership, operation, or control of
45	42		one or more motor vehicle dealers by a manufacturer if the manufacturer
46	43		manufactures only electric vehicles and has no franchised dealers of the
47	44		same line-make in the state. Under the bill, the ownership, operation, or
48	45		control of one or more motor vehicle dealers by a manufacturer is not
49	46		prohibited if the manufacturer manufactures any vehicle and has never
50	47		had franchised dealers of any line-make in the state.
51	48		Be it enacted by the General Assembly of the State of Colorado:1
52	49		SECTION 1. In Colorado Revised Statutes, 44-20-102, amend2
53	50		(14) introductory portion; and add (1.3) as follows:3
54	51		44-20-102. Definitions. As used in this part 1, and in part 4 of this4
55	52		article 20, unless the context or section 44-20-402 otherwise requires:5
56	53		(1.3) "A
57	54		FFILIATE" MEANS ANY PERSON, INCLUDING AN ENTITY,6
58	55		THAT:
59	56		7
60	57		(a) D
61	58		IRECTLY OR INDIRECTLY, OR THROUGH ONE OR MORE
62	59		8
63	60		INTERMEDIARIES, CONTROLS OR IS CONTROLLED BY, OR IS UNDER COMMON9
64	61		CONTROL WITH, A SPECIFIED PERSON OR ENTITY, OR HAS THE POWER TO10
65	62		EXERCISE, DIRECTLY OR INDIRECTLY, A CONTROLLING INFLUENCE OVER11
66	63		THE MANAGEMENT OR POLICIES OF THAT PERSON OR ENTITY ; AND12
67	64		(b) M
68	65		ANUFACTURES, DISTRIBUTES, SELLS, OR OFFERS FOR SALE OR
69	66		13
70	67		LEASE NEW MOTOR VEHICLES TO RETAIL CONSUMERS .14
71	68		(14) "Manufacturer" means any person, firm, association,15
72	69		corporation,
73	70		AFFILIATE, or trust, resident or nonresident, who
74	71		THAT16
75	72		manufactures or assembles new and unused motor vehicles; except that17
76	73		"manufacturer" does not include:18
77	74		SECTION 2. In Colorado Revised Statutes, 44-20-126, amend19
78	75		160-2- (1) and (2)(g); and add (2)(h), (2)(i), and (2)(j) as follows:1
79	76		44-20-126. Independent control of dealer - definitions.2
80	77		(1) Except as otherwise provided in this section, no A manufacturer shall3
81	78		NOT own, operate, or control, any OR COMPETE AGAINST A motor vehicle4
82	79		dealer,
83	80		MOTOR VEHICLE DEALER -OPERATED SERVICE CENTER , or used5
84	81		motor vehicle dealer in Colorado
85	82		IN THE RETAIL SALE, LEASE, RETAIL
86	83		6
87	84		SERVICE, OR WARRANTY SERVICE OF MOTOR VEHICLES .7
88	85		(2) Notwithstanding subsection (1) of this section, the following8
89	86		activities are not prohibited:9
90	87		(g) Ownership, operation, or control of one or more motor vehicle10
91	88		dealers if the manufacturer manufactures only electric vehicles ANY11
92	89		VEHICLE and has no NEVER HAD ANY franchised dealers of the same ANY12
93	90		line-make in this state.13
94	91		(h) T
95	92		HE SERVICE OR REPAIR OF MOTOR VEHICLES OWNED BY A
96	93		14
97	94		MANUFACTURER BEFORE THE MOTOR VEHICLES ARE DELIVERED TO A15
98	95		MOTOR VEHICLE DEALER.16
99	96		(i) O
100	97		FFERING OR PROVIDING UPDATES TO OR REPAIRS OF MOTOR
101	98		17
102	99		VEHICLE SOFTWARE THAT IS TRANSMITTED REMOTELY AT NO COST TO THE18
103	100		RETAIL CONSUMER.19
104	101		(j) A
105	102		UTHORIZING A FLEET OWNER , OPERATOR, OR OTHER THIRD
106	103		20
107	104		PARTY, SUCH AS A GOVERNMENT ENTITY OR A COMMERCIAL OR RENTAL21
108	105		FLEET OPERATOR, TO PERFORM WARRANTY SERVICE WORK ON FLEET22
109	106		VEHICLES OWNED OR OPERATED BY A FLEET OWNER , OPERATOR, OR OTHER23
110	107		THIRD PARTY, SO LONG AS THE SALES OR LEASES ARE CONDUCTED WITH24
111	108		THE INVOLVEMENT OF A MOTOR VEHICLE DEALER OF THE SAME25
112	109		LINE-MAKE, AND THE MANUFACTURER DOES NOT PROHIBIT OR PREVENT26
113	110		THE FLEET OPERATOR OR OTHER THIRD PARTY FROM OBTAINING27
114	111		160
115	112		-3- WARRANTY SERVICE FROM A MOTOR VEHICLE DEALER OF THE SAME1
116	113		LINE-MAKE.2
117	114		SECTION 3. In Colorado Revised Statutes, 44-20-425, amend3
118	115		(1); and add (2)(e) and (2)(f) as follows:4
119	116		44-20-425. Independent control of dealer - definitions.5
120	117		(1) Except as otherwise provided in this section, no A powersports6
121	118		vehicle manufacturer shall
122	119		NOT own, operate, or
123	120		control, any OR COMPETE7
124	121		AGAINST A powersports vehicle dealer, POWERSPORTS VEHICLE8
125	122		DEALER-OPERATED SERVICE CENTER, or used powersports vehicle dealer9
126	123		in Colorado
127	124		IN THE RETAIL SALE, LEASE, RETAIL SERVICE, OR WARRANTY
128	125		10
129	126		SERVICE OF POWERSPORTS VEHICLES .11
130	127		(2) Notwithstanding subsection (1) of this section, the following12
131	128		activities are not prohibited:13
132	129		(e) T
133	130		HE SERVICE OR REPAIR OF POWERSPORTS VEHICLES OWNED BY
134	131		14
135	132		A POWERSPORTS VEHICLE MANUFACTURER BEFORE THE POWERSPORTS15
136	133		VEHICLES ARE DELIVERED TO A POWERSPORTS VEHICLE DEALER ;16
137	134		(f) O
138	135		FFERING OR PROVIDING UPDATES TO OR REPAIRS OF
139	136		17
140	137		POWERSPORTS VEHICLE SOFTWARE THAT IS TRANSMITTED REMOTELY AT18
141	138		NO COST TO THE RETAIL CONSUMER .19
142	139		SECTION 4. Act subject to petition - effective date. This act20
143	140		takes effect at 12:01 a.m. on the day following the expiration of the21
144	141		ninety-day period after final adjournment of the general assembly; except22
145	142		that, if a referendum petition is filed pursuant to section 1 (3) of article V23
146	143		of the state constitution against this act or an item, section, or part of this24
147	144		act within such period, then the act, item, section, or part will not take25
148	145		effect unless approved by the people at the general election to be held in26
149	146		160
150	147		-4- November 2026 and, in such case, will take effect on the date of the1
151	148		official declaration of the vote thereon by the governor.2
152	149		160
153	150		-5-