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SB 18-219

signed

Motor Vehicle Dealer And Manufacturer Service Rates

Plain-English Summary

AI-generated

Senate Bill 18-219 in Colorado is designed to ensure that car manufacturers fairly compensate their dealers for warranty repairs. The bill sets standards for labor rates and profit margins on parts, requiring manufacturers to pay dealers based on current market rates unless they contest these within 15 days. It also prohibits manufacturers from lowering compensation or using other methods to recover costs from dealers. Since the bill has been signed into law, it now legally requires car manufacturers to adhere to these standards when dealing with their Colorado-based dealerships.

Official Summary

The bill requires motor vehicle manufacturers to fulfill warranty obligations. A manufacturer must compensate each of its motor vehicle dealers in accordance with a set of standards designed to reflect the current market rate for labor and the profit margin on parts the dealer can expect to obtain. Dealers must submit certain repair orders to the manufacturer as required by the bill to establish compensation rates. The manufacturer may contest the rates charged by the dealer. If the manufacturer does not contest the rates within 15 days, the amounts take effect. If the manufacturer timely contests the rates and the manufacturer and dealer cannot agree on the amount charged, the dealer may obtain a determination by a court. The manufacturer has the burden of proving the rates are inaccurate. The dealer may request a modification of rates from a manufacturer only semiannually. A manufacturer is: Prohibited from lowering the retail labor rate below the rate the manufacturer was paying before the bill takes effect; Prohibited from eliminating flat-rate times for labor or establishing unreasonable flat-rate times for labor; Required to establish reasonable flat-rate times for labor for new models; Required to calculate the retail parts markup percentage from the dealer's wholesale cost for the part; Prohibited from reducing the suggested retail or list price to provide the dealer lower compensation; Prohibited from establishing different part numbers for warranty repairs to pay the dealer lower compensation; Prohibited from attempting to recover the costs of paying the dealer from the dealer using other methods; Prohibited from taking action against the dealer for asserting the dealer's rights under the bill; Prohibited from forcing the dealer to change prices for nonwarranty repairs; Prohibited from requiring a dealer to use any method that is unduly burdensome or time-consuming to account for the retail prices set under the bill; Required to reduce the motor vehicle dealer's cost for a part by the same percentage that the manufacturer reduces the retail cost of a part.(Note: This summary applies to this bill as introduced.) , Read More

Details

Chamber
Senate
First action
2018-05-30
Latest action
2018-03-26
Last action desc.
Introduced In Senate - Assigned to Business, Labor, & Technology
OpenStates
View source ↗

Votes

BILL
2018-05-03 · House · passYes: 55 · No: 10 · Other:
BILL
2018-05-03 · House · passYes: 32 · No: 3 · Other:
REPASS
2018-05-03 · House · passYes: 34 · No: 0 · Other:
CONCUR
2018-05-03 · House · passYes: 34 · No: 0 · Other: