MOTOR VEHICLE SERVICE CONTRACT PROVIDER FOR PURPOSES OF by tus71042

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									NOTE: This bill has been prepared for the signature of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill 2003
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.




    SENATE BILL 03-116


    BY SENATOR(S) Chlouber, Cairns, Jones, and Kester;
    also REPRESENTATIVE(S) Larson.


    CONCERNING THE DISTINCTION BETWEEN A MOTOR VEHICLE DEALER AND A
            MOTOR VEHICLE SERVICE CONTRACT PROVIDER FOR PURPOSES OF
            MOTOR VEHICLE SERVICE CONTRACT INSURANCE.



    Be it enacted by the General Assembly of the State of Colorado:

           SECTION 1. 42-11-101 (4), Colorado Revised Statutes, is amended
    to read:

          42-11-101. Definitions. As used in this article, unless the context
    otherwise requires:

          (4) (a) "Motor vehicle service contract provider" or "provider"
    means a person who, IN CONNECTION WITH A MOTOR VEHICLE SERVICE
    CONTRACT:

         (I) INCURS THE OBLIGATIONS AND LIABILITIES TO THE SERVICE
    CONTRACT HOLDER AS SET FORTH IN THE CONTRACT; AND


    ________
    Capital letters indicate new material added to existing statutes; dashes
    through words indicate deletions from existing statutes and such material
    not part of act.
       (II) Issues, makes, provides, sells, or offers to sell a motor vehicle
service THE contract.

      (b) A MOTOR VEHICLE DEALER WHO SELLS A MOTOR VEHICLE THAT
IS THE SUBJECT OF A MOTOR VEHICLE SERVICE CONTRACT IS NOT A
"PROVIDER" UNLESS THE DEALER ALSO SATISFIES BOTH OF THE CONDITIONS
SET FORTH IN PARAGRAPH (a) OF THIS SUBSECTION (4).

       SECTION 2. Applicability. This act shall apply to motor vehicle
service contracts entered into on or after the effective date of this act.

       SECTION 3. Safety clause. The general assembly hereby finds,




PAGE 2-SENATE BILL 03-116
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.




____________________________        ____________________________
John Andrews                                         Lola Spradley
PRESIDENT OF                             SPEAKER OF THE HOUSE
THE SENATE                                 OF REPRESENTATIVES




____________________________        ____________________________
Mona Heustis                                       Judith Rodrigue
SECRETARY OF                         CHIEF CLERK OF THE HOUSE
THE SENATE                                 OF REPRESENTATIVES




       APPROVED________________________________________




                  _________________________________________
                  Bill Owens
                  GOVERNOR OF THE STATE OF COLORADO




PAGE 3-SENATE BILL 03-116

								
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