Colorado 2022 Regular Session

Colorado House Bill HB1082 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0238.01 Bob Lackner x4350
18 HOUSE BILL 22-1082
2-BY REPRESENTATIVE(S) Hooton and Bacon, Benavidez, Bernett, Bird,
3-Boesenecker, Cutter, Daugherty, Duran, Exum, Froelich,
4-Gonzales-Gutierrez, Gray, Herod, Kipp, Lindsay, Lontine, McCluskie,
5-Michaelson Jenet, Mullica, Ortiz, Ricks, Sirota, Snyder, Sullivan, Titone,
6-Valdez A., Valdez D., Weissman, Woodrow, Garnett, Amabile,
7-McCormick;
8-also SENATOR(S) Gonzales, Buckner, Fields, Jaquez Lewis, Lee, Moreno,
9-Story, Winter.
9+House Committees Senate Committees
10+Judiciary Judiciary
11+Appropriations Appropriations
12+A BILL FOR AN ACT
1013 C
11-ONCERNING THE ENFORCEMENT OF STATE HOUSING LAWS BY THE
12-DEPARTMENT OF LAW
13-, AND, IN CONNECTION THEREWITH ,
14-ESTABLISHING A FAIR HOUSING UNIT WITHIN THE DEPARTMENT OF
15-LAW
16-.
17-Be it enacted by the General Assembly of the State of Colorado:
18-SECTION 1. Legislative declaration. (1) The general assembly
19-hereby finds, declares, and determines that:
20-(a) According to the report issued by the affordable housing
21-transformational task force released in January 2022, an estimated 315,000
22-households in Colorado spend more than fifty percent of their income on
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. housing costs. The report also found that there are 162,557 households in
31-the state that are considered to be extremely low income, but only 48,767
32-housing units that are affordable and available to these families.
33-(b) There is fewer than one legal aid attorney available for every
34-30,000 Coloradans experiencing poverty;
35-(c) This lack of legal assistance leaves Coloradans vulnerable to
36-abuses as they struggle to find stable and affordable housing;
37-(d) Even when a Coloradan is able to obtain relief, such
38-individualized relief often does not lead to systemic change or assist another
39-person similarly situated; and
40-(e) Without safe and stable housing, Coloradans struggle to maintain
41-employment, education outcomes suffer, and community support is lost.
42-(2) By empowering the Colorado attorney general to enforce critical
43-housing laws, the attorney general will be able to provide systematic
44-protections for residents and provide system-wide support for residents and
45-businesses.
46-SECTION 2. In Colorado Revised Statutes, 24-31-101, amend
47-(1)(i) as follows:
48-24-31-101. Powers and duties of attorney general. (1) The
49-attorney general:
50-(i) May bring civil and criminal actions to enforce state laws,
51-including actions brought pursuant to:
52-(I) The "Colorado Antitrust Act of 1992" in article 4 of title 6;
53-(II) The "Colorado Consumer Protection Act" in article 1 of title 6;
54-(III) The "Unfair Practices Act" in article 2 of title 6;
55-(IV) Article 12 of title 6; and sections 6-1-110, 11-51-603.5,
56-24-34-505.5, and 25.5-4-306;
57-PAGE 2-HOUSE BILL 22-1082 (V) SECTION 6-1-110;
14+ONCERNING THE ENFORCEMENT OF STATE HOUSING LAWS BY THE101
15+DEPARTMENT OF LAW , AND, IN CONNECTION THEREWITH ,102
16+ESTABLISHING A FAIR HOUSING UNIT WITHIN THE DEPARTMENT103
17+OF LAW.104
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+The bill:
26+! Expands the statutory list of state laws for which the
27+attorney general may bring civil and criminal enforcement
28+SENATE
29+3rd Reading Unamended
30+April 22, 2022
31+SENATE
32+Amended 2nd Reading
33+April 21, 2022
34+HOUSE
35+3rd Reading Unamended
36+March 11, 2022
37+HOUSE
38+Amended 2nd Reading
39+March 4, 2022
40+HOUSE SPONSORSHIP
41+Hooton and Bacon, Benavidez, Bernett, Bird, Boesenecker, Cutter, Daugherty, Duran,
42+Exum, Froelich, Garnett, Gonzales-Gutierrez, Gray, Herod, Kipp, Lindsay, Lontine,
43+McCluskie, Michaelson Jenet, Mullica, Ortiz, Ricks, Sirota, Snyder, Sullivan, Titone, Valdez
44+A., Valdez D., Weissman, Woodrow
45+SENATE SPONSORSHIP
46+Gonzales, Buckner, Fields, Jaquez Lewis, Lee, Moreno, Story, Winter
47+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
49+Dashes through the words indicate deletions from existing statute. actions to include various statutory provisions relating to
50+housing; and
51+! Creates the fair housing unit within the department of law.
52+Be it enacted by the General Assembly of the State of Colorado:1
53+SECTION 1. Legislative declaration. (1) The general assembly2
54+hereby finds, declares, and determines that:3
55+(a) According to the report issued by the affordable housing4
56+transformational task force released in January 2022, an estimated5
57+315,000 households in Colorado spend more than fifty percent of their6
58+income on housing costs. The report also found that there are 162,5577
59+households in the state that are considered to be extremely low income,8
60+but only 48,767 housing units that are affordable and available to these9
61+families.10
62+(b) There is fewer than one legal aid attorney available for every11
63+30,000 Coloradans experiencing poverty;12
64+(c) This lack of legal assistance leaves Coloradans vulnerable to13
65+abuses as they struggle to find stable and affordable housing;14
66+(d) Even when a Coloradan is able to obtain relief, such15
67+individualized relief often does not lead to systemic change or assist16
68+another person similarly situated; and17
69+(e) Without safe and stable housing, Coloradans struggle to18
70+maintain employment, education outcomes suffer, and community support19
71+is lost.20
72+(2) By empowering the Colorado attorney general to enforce21
73+critical housing laws, the attorney general will be able to provide22
74+systematic protections for residents and provide system-wide support for23
75+residents and businesses.24
76+1082-2- SECTION 2. In Colorado Revised Statutes, 24-31-101, amend1
77+(1)(i) as follows:2
78+24-31-101. Powers and duties of attorney general. (1) The3
79+attorney general:4
80+(i) May bring civil and criminal actions to enforce state laws,5
81+including actions brought pursuant to:6
82+(I) The "Colorado Antitrust Act of 1992" in article 4 of title 6;7
83+(II) The "Colorado Consumer Protection Act" in article 1 of title8
84+6;9
85+(III) The "Unfair Practices Act" in article 2 of title 6;10
86+(IV) Article 12 of title 6; and sections 6-1-110, 11-51-603.5,11
87+24-34-505.5, and 25.5-4-306;12
88+(V) S
89+ECTION 6-1-110;13
5890 (VI) S
59-ECTION 11-51-603.5;
91+ECTION 11-51-603.5;14
6092 (VII) S
61-ECTION 24-34-505.5;
93+ECTION 24-34-505.5;15
6294 (VIII) S
63-ECTION 25.5-4-306;
95+ECTION 25.5-4-306;16
6496 (IX) T
65-HE "IMMIGRANT TENANT PROTECTION ACT" IN PART 12 OF
66-ARTICLE
67-12 OF TITLE 38;
97+HE "IMMIGRANT TENANT PROTECTION ACT" IN PART 12 OF17
98+ARTICLE 12 OF TITLE 38;18
6899 (X) T
69-HE "MOBILE HOME PARK ACT" IN PART 2 OF ARTICLE 12 OF
70-TITLE
71-38;
100+HE "MOBILE HOME PARK ACT" IN PART 2 OF ARTICLE 12 OF19
101+TITLE 38;20
72102 (XI) T
73-HE "MOBILE HOME PARK ACT DISPUTE RESOLUTION AND
74-ENFORCEMENT PROGRAM" IN PART 11 OF ARTICLE 12 OF TITLE 38;
103+HE "MOBILE HOME PARK ACT DISPUTE RESOLUTION AND21
104+E
105+NFORCEMENT PROGRAM" IN PART 11 OF ARTICLE 12 OF TITLE 38;22
75106 (XII) P
76107 ART 1 OF ARTICLE 12 OF TITLE 38;
108+ 23
77109 (XIII) P
78-ART 7 OF ARTICLE 12 OF TITLE 38; AND
79-(XIV) SECTION 38-12-904 (1)(b).
80-SECTION 3. In Colorado Revised Statutes, 24-31-102, amend
81-(1)(h) and (1)(i); and add (1)(k) as follows:
82-24-31-102. Offices, boards, and divisions. (1) The department of
83-law, the chief executive officer of which is the attorney general, includes
84-the following:
85-(h) The financial empowerment office, created in part 11 of this
86-article 31; and
87-(i) Notwithstanding section 24-1-107, any other division, office, or
88-unit established by the attorney general or by law. THE FAIR HOUSING UNIT;
89-AND
90-(k) NOTWITHSTANDING SECTION 24-1-107, ANY OTHER DIVISION,
91-OFFICE, OR UNIT ESTABLISHED BY THE ATTORNEY GENERAL OR BY LAW .
92-PAGE 3-HOUSE BILL 22-1082 SECTION 4. In Colorado Revised Statutes, add 24-31-115 as
93-follows:
94-24-31-115. Housing unit - powers of attorney general or district
95-attorney - subpoenas - document production - remedies - injunctive
96-relief - penalties. (1) W
97-HEN THERE IS REASON TO BELIEVE THAT THERE IS
98-A POTENTIAL VIOLATION OF LAW THAT RISKS HARM TO A CONSUMER
99-, PUBLIC
100-HEALTH
101-, OR PUBLIC SAFETY, THAT IS BASED ON A SUBSTANTIATED
102-COMPLAINT
103-, THE ATTORNEY GENERAL MAY INVESTIGATE ANY PERSON OR
104-ORGANIZATION SUBJECT TO THIS ARTICLE
105-31. A COMPLAINT IS NOT
106-NECESSARY IF THE INFORMATION IS PROVIDED BY AN AGENCY OF THE
107-FEDERAL
108-, STATE, OR A LOCAL GOVERNMENT THAT REGULATES OR PROVIDES
109-PROTECTIONS FOR CONSUMERS
110-, TENANTS, AND MOBILE HOME RESIDENTS .
111-T
112-HE ATTORNEY GENERAL MAY DIRECT OR SUBPOENA ANY PERSON WHOSE
113-TESTIMONY MAY BE REQUIRED ABOUT POTENTIAL VIOLATIONS OF LAW AND
114-MAY DIRECT OR SUBPOENA THE PERSON TO PRODUCE RECORDS THE
115-ATTORNEY GENERAL CONSIDERS RELEVANT TO THE INQUIRY
116-. NOTHING IN
117-THIS SECTION LIMITS THE SCOPE OF THE ATTORNEY GENERAL
118-'S AUTHORITY
119-TO REVIEW AND INVESTIGATE POTENTIAL VIOLATIONS OF LAW OR HARM
120-DISCOVERED IN THE COURSE OF AN INVESTIGATION
121-.
122-(2) N
123-OTHING IN THIS SECTION IMPACTS OR AFFECTS BANKING
124-EXAMINATIONS AND REGULATIONS PROMULGATED BY PRIMARY FEDERAL
125-AND STATE BANKING AUTHORITIES
126-, NOTWITHSTANDING THE AUTHORITY
127-THAT MAY BE EXERCISED BY THE ATTORNEY GENERAL UNDER SECTION
128-11-51-603.5.
110+ART 7 OF ARTICLE 12 OF TITLE 38;
111+AND24
112+(XIV) SECTION 38-12-904 (1)(b).25
113+SECTION 3. In Colorado Revised Statutes, 24-31-102, amend26
114+(1)(h) and (1)(i); and add (1)(j) as follows:27
115+1082
116+-3- 24-31-102. Offices, boards, and divisions. (1) The department1
117+of law, the chief executive officer of which is the attorney general,2
118+includes the following:3
119+(h) The financial empowerment office, created in part 11 of this4
120+article 31; and5
121+(i) Notwithstanding section 24-1-107, any other division, office,6
122+or unit established by the attorney general or by law. THE FAIR HOUSING7
123+UNIT; AND8
124+(j) N
125+OTWITHSTANDING SECTION 24-1-107, ANY OTHER DIVISION,9
126+OFFICE, OR UNIT ESTABLISHED BY THE ATTORNEY GENERAL OR BY LAW .10 SECTION 4. In Colorado Revised Statutes, add 24-31-115 as11
127+follows:12
128+24-31-115. Housing unit - powers of attorney general or13
129+district attorney - subpoenas - document production - remedies -14
130+injunctive relief - penalties. (1) WHEN THERE IS REASON TO BELIEVE15
131+THAT THERE IS A POTENTIAL VIOLATION OF LAW THAT RISKS HARM TO A16
132+CONSUMER, PUBLIC HEALTH, OR PUBLIC SAFETY, THAT IS BASED ON A17
133+SUBSTANTIATED COMPLAINT, THE ATTORNEY GENERAL MAY INVESTIGATE18
134+ANY PERSON OR ORGANIZATION SUBJECT TO THIS ARTICLE 31 A19
135+COMPLAINT IS NOT NECESSARY IF THE INFORMATION IS PROVIDED BY AN20
136+AGENCY OF THE FEDERAL , STATE, OR A LOCAL GOVERNMENT THAT21
137+REGULATES OR PROVIDES PROTECTIONS FOR CONSUMERS , TENANTS, AND22
138+MOBILE HOME RESIDENTS. THE ATTORNEY GENERAL MAY DIRECT OR23
139+SUBPOENA ANY PERSON WHOSE TESTIMONY MAY BE REQUIRED ABOUT24
140+POTENTIAL VIOLATIONS OF LAW AND MAY DIRECT OR SUBPOENA THE25
141+PERSON TO PRODUCE RECORDS THE ATTORNEY GENERAL CONSIDERS26
142+RELEVANT TO THE INQUIRY. NOTHING IN THIS SECTION LIMITS THE SCOPE27
143+1082
144+-4- OF THE ATTORNEY GENERAL'S AUTHORITY TO REVIEW AND INVESTIGATE1
145+POTENTIAL VIOLATIONS OF LAW OR HARM DISCOVERED IN THE COURSE OF2
146+AN INVESTIGATION.3
147+(2) NOTHING IN THIS SECTION IMPACTS OR AFFECTS BANKING4
148+EXAMINATIONS AND REGULATIONS PROMULGATED BY PRIMARY FEDERAL5
149+AND STATE BANKING AUTHORITIES, NOTWITHSTANDING THE AUTHORITY6
150+THAT MAY BE EXERCISED BY THE ATTORNEY GENERAL UNDER SECTION7
151+11-51-603.5.8
129152 (3) Venue for actions. U
130153 NTIL THE COLORADO SUPREME COURT
131-ADOPTS A VENUE PROVISION RELATING TO THIS ARTICLE
132-31, ACTIONS
133-INSTITUTED PURSUANT TO THIS ARTICLE
134-31 MAY BE BROUGHT IN ANY
135-COUNTY IN WHICH
136-:
154+9
155+ADOPTS A VENUE PROVISION RELATING TO THIS ARTICLE 31, ACTIONS10
156+INSTITUTED PURSUANT TO THIS ARTICLE 31 MAY BE BROUGHT IN ANY11
157+COUNTY IN WHICH:12
137158 (a) A
138159 N ALLEGED VIOLATION OCCURRED OR IN WHICH ANY PORTION
139-OF A TRANSACTION INVOLVING AN ALLEGED VIOLATION OCCURRED
140-;
160+13
161+OF A TRANSACTION INVOLVING AN ALLEGED VIOLATION OCCURRED ;14
141162 (b) T
142163 HE PRINCIPAL PLACE OF BUSINESS OF ANY DEFE NDANT IS
143-LOCATED
144-; OR
145-(c) ANY DEFENDANT RESIDES.
146-PAGE 4-HOUSE BILL 22-1082 (4) Powers. (a) W HEN THE ATTORNEY GENERAL HAS REASONABLE
147-CAUSE TO BELIEVE THAT ANY PERSON
148-, WHETHER IN THIS STATE OR
149-ELSEWHERE
150-, HAS ENGAGED IN OR IS ENGAGING IN A VIOLATION OF ANY OF
151-THE PROVISIONS LISTED IN SECTION
152-24-31-101 (1)(i)(IX) TO (1)(i)(XIV),
153-THE ATTORNEY GENERAL MAY :
164+15
165+LOCATED; OR16
166+(c) A
167+NY DEFENDANT RESIDES.
168+17
169+(4) (a) Powers. W
170+HEN THE ATTORNEY GENERAL HAS REASONABLE
171+18
172+CAUSE TO BELIEVE THAT ANY PERSON , WHETHER IN THIS STATE OR19
173+ELSEWHERE, HAS ENGAGED IN OR IS ENGAGING IN A VIOLATION OF ANY OF20
174+THE PROVISIONS LISTED IN SECTION 24-31-101 (1)(i)(IX) TO (1)(i)(XIV),21
175+THE ATTORNEY GENERAL MAY :22
154176 (I) R
155177 EQUEST THE PERSON TO FILE A STATEMENT OR A REPORT IN
156-WRITING
157-, UNDER OATH OR OTHERWISE , ON FORMS PRESCRIBED BY THE
158-ATTORNEY GENERAL
159-, WITH RESPECT TO ALL FACTS AND CIRCUMSTANCES
160-CONCERNING THE ADVERTISEMENT OF PROPERTY BY THE PERSON AND ANY
161-OTHER DATA AND INFORMATION THE ATTORNEY GENERAL DEEMS
162-NECESSARY
163-;
178+23
179+WRITING, UNDER OATH OR OTHERWISE , ON FORMS PRESCRIBED BY THE24
180+ATTORNEY GENERAL, WITH RESPECT TO ALL FACTS AND CIRCUMSTANCES25
181+CONCERNING THE ADVERTISEMENT OF PROPERTY BY THE PERSON AND ANY26
182+OTHER DATA AND INFORMATION THE ATTORNEY GENERAL DEEMS27
183+1082
184+-5- NECESSARY;1
164185 (II) E
165186 XAMINE UNDER OATH ANY PERSON IN CONNECTION WITH THE
166-SALE OR ADVERTISEMENT OF ANY PROPERTY
167-;
187+2
188+SALE OR ADVERTISEMENT OF ANY PROPERTY ;3
168189 (III) E
169-XAMINE ANY PROPERTY OR SAMPLE THEREOF , RECORD, BOOK,
170-DOCUMENT, ACCOUNT, OR PAPER THE ATTORNEY GENERAL DEEMS
171-NECESSARY
172-; AND
173-(IV) MAKE TRUE COPIES, AT THE EXPENSE OF THE ATTORNEY
174-GENERAL
175-, OF ANY RECORD , BOOK, DOCUMENT, ACCOUNT, OR PAPER
176-EXAMINED PURSUANT TO SUBSECTION
177- (4)(c) OF THIS SECTION, WHICH COPIES
178-MAY BE OFFERED INTO EVIDENCE IN LIEU OF PRODUCING THE ORIGINALS IN
179-ANY ACTIONS BROUGHT BY THE ATTORNEY GENERAL
180-.
190+XAMINE ANY PROPERTY OR SAMPLE THEREOF , RECORD,
191+4
192+BOOK, DOCUMENT, ACCOUNT, OR PAPER THE ATTORNEY GENERAL DEEMS5
193+NECESSARY; AND6
194+(IV) M
195+AKE TRUE COPIES, AT THE EXPENSE OF THE ATTORNEY
196+7
197+GENERAL, OF ANY RECORD, BOOK, DOCUMENT, ACCOUNT, OR PAPER8
198+EXAMINED PURSUANT TO SUBSECTION (4)(c) OF THIS SECTION, WHICH9
199+COPIES MAY BE OFFERED INTO EVIDENCE IN LIEU OF PRODUCING THE10
200+ORIGINALS IN ANY ACTIONS BROUGHT BY THE ATTORNEY GENERAL .11
181201 (b) F
182-OR PURPOSES OF THIS SECTION, "REASONABLE CAUSE" IS BASED
183-UPON A COMPLAINT CONCERNING A POTENTIAL VIOLATION OF THE LAW
184-WHEN THE ATTORNEY GENERAL BELIEVES THE ALLEGED VIOLATION MAY
185-AFFECT MORE THAN ONE PERSON OR BE PART OF A SERIES OF RELATED
186-VIOLATIONS AFFECTING MULTIPLE PERSONS
187-.
202+OR PURPOSES OF THIS SECTION, "REASONABLE CAUSE" IS
203+12
204+BASED UPON A COMPLAINT CONCERNING A POTENTIAL VIOLATION OF THE13
205+LAW WHEN THE ATTORNEY GENERAL BELIEVES THE ALLEGED VIOLATION14
206+MAY AFFECT MORE THAN ONE PERSON OR BE PART OF A SERIES OF RELATED15
207+VIOLATIONS AFFECTING MULTIPLE PERSONS .16
188208 (c) A
189209 NY REQUEST FOR PERSONALLY IDENTIFIABLE INFORMATION
190-MADE PURSUANT TO THIS SUBSECTION
191-(4) IS SUBJECT TO THE REQUIREMENTS
192-OF SUBSECTION
193-(5) OF THIS SECTION.
210+17
211+MADE PURSUANT TO THIS SUBSECTION (4) IS SUBJECT TO THE18
212+REQUIREMENTS OF SUBSECTION (5) OF THIS SECTION.19
194213 (5) Subpoenas - production of documents. (a) W
195214 HEN THE
196-ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT A PERSON
197-,
198-WHETHER IN THIS STATE OR ELSEWHERE , HAS ENGAGED IN OR IS ENGAGING
199-IN A VIOLATION OF ANY OF THE PROVISIONS LISTED IN SECTION
200-24-31-101
201-PAGE 5-HOUSE BILL 22-1082 (1)(i)(IX) TO (1)(i)(XIV), THE ATTORNEY GENERAL , IN ADDITION TO ANY
202-OTHER POWERS CONFERRED UPON THE ATTORNEY GENERAL BY THIS ARTICLE
203-31, MAY ISSUE SUBPOENAS TO REQUIRE THE ATTENDANCE OF WITNESSES OR
204-THE PRODUCTION OF DOCUMENTS
205-, ADMINISTER OATHS, CONDUCT HEARINGS
206-IN AID OF ANY INVESTIGATION OR INQUIRY
207-, AND PRESCRIBE SUCH FORMS AND
208-PROMULGATE SUCH RULES AS MAY BE NECESSARY TO ADMINISTER THE
209-PROVISIONS OF THIS ARTICLE
210-31.
215+20
216+ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT A PERSON ,21
217+WHETHER IN THIS STATE OR ELSEWHERE, HAS ENGAGED IN OR IS ENGAGING22
218+IN A VIOLATION OF ANY OF THE PROVISIONS LISTED IN SECTION 24-31-10123
219+(1)(i)(IX)
220+TO (1)(i)(XIV), THE ATTORNEY GENERAL, IN ADDITION TO ANY
221+24
222+OTHER POWERS CONFERRED UPON THE ATTORNEY GENERAL BY THIS25
223+ARTICLE 31, MAY ISSUE SUBPOENAS TO REQUIRE THE ATTENDANCE OF26
224+WITNESSES OR THE PRODUCTION OF DOCUMENTS , ADMINISTER OATHS,27
225+1082
226+-6- CONDUCT HEARINGS IN AID OF ANY INVESTIGATION OR INQUIRY , AND1
227+PRESCRIBE SUCH FORMS AND PROMULGATE SUCH RULES AS MAY BE2
228+NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTICLE 31.3
211229 (b) S
212230 ERVICE OF ANY NOTICE OR SUBPOENA MUST BE MADE IN THE
213-MANNER PRESCRIBED BY LAW OR AS PROVIDED IN RULE
214-4 OF THE COLORADO
215-RULES OF CIVIL PROCEDURE
216-.
231+4
232+MANNER PRESCRIBED BY LAW OR AS PROVIDED IN RULE 4 OF THE5
233+C
234+OLORADO RULES OF CIVIL PROCEDURE .
235+6
217236 (c) I
218-F THE RECORDS OF A PERSON WHO HAS BEEN ISSUED A SUBPOENA
219-ARE LOCATED OUTSIDE THIS STATE
220-, THE PERSON SHALL EITHER:
237+F THE RECORDS OF A PERSON WHO HAS BEEN ISSUED A
238+7
239+SUBPOENA ARE LOCATED OUTSIDE THIS STATE , THE PERSON SHALL EITHER:8
221240 (I) M
222241 AKE THEM AVAILABLE TO THE ATTORNEY GENERAL AT A
223-CONVENIENT LOCATION WITHIN THIS STATE
224-; OR
225-(II) PAY THE REASONABLE AND NECESSARY EXPENSES FOR THE
226-ATTORNEY GENERAL OR DISTRICT ATTORNEY
227-, OR THE ATTORNEY GENERAL'S
228-OR DISTRICT ATTORNEY
229-'S DESIGNEE, TO EXAMINE THE RECORDS AT THE
230-LOCATION AT WHICH THE DOCUMENTS ARE MAINTAINED
231-.
242+9
243+CONVENIENT LOCATION WITHIN THIS STATE ; OR10
244+(II) P
245+AY THE REASONABLE AND NECESSARY EXPENSES FOR THE
246+11
247+ATTORNEY GENERAL OR DISTRICT ATTORNEY , OR THE ATTORNEY12
248+GENERAL'S OR DISTRICT ATTORNEY'S DESIGNEE, TO EXAMINE THE RECORDS13
249+AT THE LOCATION AT WHICH THE DOCUMENTS ARE MAINTAINED .14
232250 (d) T
233251 HE ATTORNEY GENERAL OR DISTRICT ATTORNEY MAY
234-DESIGNATE REPRESENTATIVES
235-, INCLUDING COMPARABLE OFFICIALS OF THE
236-STATE IN WHICH THE RECORDS ARE LOCATED
237-, TO INSPECT THE RECORDS ON
238-BEHALF OF THE ATTORNEY GENERAL OR DISTRICT ATTORNEY
239-.
252+15
253+DESIGNATE REPRESENTATIVES, INCLUDING COMPARABLE OFFICIALS OF THE16
254+STATE IN WHICH THE RECORDS ARE LOCATED , TO INSPECT THE RECORDS ON17
255+BEHALF OF THE ATTORNEY GENERAL OR DISTRICT ATTORNEY .18
240256 (6) Inadmissible testimony. (a) A
241-NY TESTIMONY OBTAINED BY THE
242-ATTORNEY GENERAL PURSUANT TO COMPULSORY PROCESS UNDER THIS
243-ARTICLE
244-31 OR ANY INFORMATION DERIVED DIRECTLY OR INDIRECTLY FROM
245-SUCH TESTIMONY SHALL NOT BE ADMISSIBLE IN EVIDENCE IN ANY CRIMINAL
246-PROSECUTION AGAINST THE PERSON SO COMPELLED TO TESTIFY
247-. THIS
248-SUBSECTION
249-(6) SHALL NOT BE CONSTRUED TO PREVENT ANY LAW
250-ENFORCEMENT OFFICER FROM INDEPENDENTLY PRODUCING OR OBTAINING
251-THE SAME OR SIMILAR FACTS
252-, INFORMATION, OR EVIDENCE FOR USE IN ANY
253-CRIMINAL PROSECUTION
254-.
255-(b) S
256-UBJECT TO SUBSECTION (8) OF THIS SECTION, THE RECORDS OF
257-INVESTIGATIONS OR INTELLIGENCE INFORMATION OF THE ATTORNEY
258-PAGE 6-HOUSE BILL 22-1082 GENERAL OBTAINED UNDER THIS ARTICLE 31 MAY CONSTITUTE PUBLIC
259-RECORDS AVAILABLE FOR INSPECTION BY THE PUBLIC AT THE SOLE
260-DISCRETION OF THE ATTORNEY GENERAL
261-. THIS SUBSECTION (6)(b) SHALL
262-NOT BE CONSTRUED TO PREVENT THE ATTORNEY GENERAL FROM ISSUING
263-PUBLIC STATEMENTS DESCRIBING OR WARNING OF ANY COURSE OF CONDUCT
264-OR ANY CONSPIRACY THAT CONSTITUTES A VIOLATION OF ANY OF THE
265-PROVISIONS LISTED IN SECTION
266-24-31-101 (1)(i)(IX) TO (1)(i)(XIV),
267-WHETHER ON A LOCAL, STATEWIDE, REGIONAL, OR NATIONWIDE BASIS.
257+NY TESTIMONY OBTAINED BY
258+19
259+THE ATTORNEY GENERAL PURSUANT TO COMPULSORY PROCESS UNDER20
260+THIS ARTICLE 31 OR ANY INFORMATION DERIVED DIRECTLY OR INDIRECTLY21
261+FROM SUCH TESTIMONY SHALL NOT BE ADMISSIBLE IN EVIDENCE IN ANY22
262+CRIMINAL PROSECUTION AGAINST THE PERSON SO COMPELLED TO TESTIFY .23
263+T
264+HIS SUBSECTION (6) SHALL NOT BE CONSTRUED TO PREVENT ANY LAW
265+24
266+ENFORCEMENT OFFICER FROM INDEPENDENTLY PRODUCING OR OBTAINING25
267+THE SAME OR SIMILAR FACTS, INFORMATION, OR EVIDENCE FOR USE IN ANY26
268+CRIMINAL PROSECUTION.27
269+1082
270+-7- (b) SUBJECT TO SUBSECTION (8) OF THIS SECTION, THE RECORDS OF1
271+INVESTIGATIONS OR INTELLIGENCE INFORMATION OF THE ATTORNEY2
272+GENERAL OBTAINED UNDER THIS ARTICLE 31 MAY CONSTITUTE PUBLIC3
273+RECORDS AVAILABLE FOR INSPECTION BY THE PUBLIC AT THE SOLE4
274+DISCRETION OF THE ATTORNEY GENERAL . THIS SUBSECTION (6)(b) SHALL5
275+NOT BE CONSTRUED TO PREVENT THE ATTORNEY GENERAL FROM ISSUING6
276+PUBLIC STATEMENTS DESCRIBING OR WARNING OF ANY COURSE OF7
277+CONDUCT OR ANY CONSPIRACY THAT CONSTITUTES A VIOLATION OF ANY8
278+OF THE PROVISIONS LISTED IN SECTION 24-31-101 (1)(i)(IX) TO9
279+(1)(i)(XIV),
280+WHETHER ON A LOCAL , STATEWIDE, REGIONAL, OR
281+10
282+NATIONWIDE BASIS.11
268283 (7) Remedies. I
269284 F ANY PERSON FAILS TO COOPERATE WITH ANY
270-INVESTIGATION PURSUANT TO THIS ARTICLE
271-31 OR FAILS TO OBEY ANY
272-SUBPOENA PURSUANT TO THIS ARTICLE
273-31, THE ATTORNEY GENERAL MAY
274-APPLY TO THE APPLICABLE DISTRICT COURT FOR AN APPROPRIATE ORDER TO
275-EFFECT THE PURPOSES OF THIS ARTICLE
276-. THE APPLICATION MUST STATE THAT
277-THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE ORDER APPLIED
278-FOR IS NECESSARY TO INVESTIGATE A VIOLATION OF THIS ARTICLE
279-31. IF THE
280-COURT IS SATISFIED THAT REASONABLE GROUNDS EXIST
281-, THE COURT IN ITS
282-ORDER MAY
283-:
285+12
286+INVESTIGATION PURSUANT TO THIS ARTICLE 31 OR FAILS TO OBEY ANY13
287+SUBPOENA PURSUANT TO THIS ARTICLE 31, THE ATTORNEY GENERAL MAY14
288+APPLY TO THE APPLICABLE DISTRICT COURT FOR AN APPROPRIATE ORDER15
289+TO EFFECT THE PURPOSES OF THIS ARTICLE. THE APPLICATION MUST STATE16
290+THAT THERE ARE REASONABLE GR OUNDS TO BELIEVE THAT THE ORDER17
291+APPLIED FOR IS NECESSARY TO INVESTIGATE A VIOLATION OF THIS ARTICLE18
292+31.
293+ IF THE COURT IS SATISFIED THAT REASONABLE GROUNDS EXIST , THE
294+19
295+COURT IN ITS ORDER MAY:20
284296 (a) G
285-RANT INJUNCTIVE RELIEF RESTRAINING THE ADVERTISEMENT OF
286-ANY PROPERTY BY SUCH PERSON
287-;
297+RANT INJUNCTIVE RELIEF RESTRAINING THE ADVERTISEMENT
298+21
299+OF ANY PROPERTY BY SUCH PERSON ;22
288300 (b) R
289301 EQUIRE THE ATTENDANCE OF OR THE PRODUCTION OF
290-DOCUMENTS BY SUCH PERSON
291-, OR BOTH; OR
292-(c) GRANT SUCH OTHER OR FURTHER RELIEF AS MAY BE NECESSARY
293-TO OBTAIN COMPLIANCE BY SUCH PERSON
294-.
295-(8) Injunctive authority - assurances of discontinuance.
296-(a) W
297-HENEVER THE ATTORNEY GENERAL HAS CAUSE TO BELIEVE THAT A
298-PERSON HAS ENGAGED IN OR IS ENGAGING IN A VIOLATION OF ANY OF THE
299-PROVISIONS LISTED IN SECTION
300-24-31-101 (1)(i)(IX) TO (1)(i)(XIV), THE
301-ATTORNEY GENERAL MAY APPLY FOR AND OBTAIN
302-, IN AN ACTION IN THE
303-APPROPRIATE DISTRICT COURT OF THIS STATE
304-, A TEMPORARY RESTRAINING
305-ORDER OR INJUNCTION
306-, OR BOTH, PURSUANT TO THE COLORADO RULES OF
307-CIVIL PROCEDURE
308-, PROHIBITING THE PERSON FROM CONTINUING OR
309-ENGAGING IN SUCH PRACTICES
310-, OR DOING ANY ACT IN FURTHERANCE OF
311-SUCH PRACTICES
312-. THE COURT MAY MAKE SUCH ORDERS OR JUDGMENTS AS
313-IS NECESSARY TO
314-:
315-PAGE 7-HOUSE BILL 22-1082 (I) PREVENT THE USE OR EMPLOYMENT BY SUCH PERSON OF ANY
316-SUCH PRACTICES
317-;
302+23
303+DOCUMENTS BY SUCH PERSON , OR BOTH; OR24
304+(c) G
305+RANT SUCH OTHER OR FURTHER RELIEF AS MAY BE
306+25
307+NECESSARY TO OBTAIN COMPLIANCE BY SUCH PERSON .26
308+(8) Injunctive authority - assurances of discontinuance.27
309+1082
310+-8- (a) WHENEVER THE ATTORNEY GENERAL HAS CAUSE TO BELIEVE THAT A1
311+PERSON HAS ENGAGED IN OR IS ENGAGING IN A VIOLATION OF ANY OF THE2
312+PROVISIONS LISTED IN SECTION 24-31-101 (1)(i)(IX) TO (1)(i)(XIV), THE3
313+ATTORNEY GENERAL MAY APPLY FOR AND OBTAIN , IN AN ACTION IN THE4
314+APPROPRIATE DISTRICT COURT OF THIS STATE, A TEMPORARY RESTRAINING5
315+ORDER OR INJUNCTION, OR BOTH, PURSUANT TO THE COLORADO RULES OF6
316+CIVIL PROCEDURE, PROHIBITING THE PERSON FROM CONTINUING OR7
317+ENGAGING IN SUCH PRACTICES, OR DOING ANY ACT IN FURTHERANCE OF8
318+SUCH PRACTICES. THE COURT MAY MAKE SUCH ORDERS OR JUDGMENTS AS9
319+IS NECESSARY TO:10
320+(I) P
321+REVENT THE USE OR EMPLOYMENT BY SUCH PERSON OF ANY
322+11
323+SUCH PRACTICES;12
318324 (II) C
319-OMPLETELY COMPENSATE OR RESTORE THE ORIGINAL POSITION
320-OF ANY PERSON INJURED BY MEANS OF ANY SUCH PRACTICE
321-; OR
322-(III) PREVENT ANY UNJUST ENRICHMENT BY ANY PERSON THROUGH
323-THE USE OR EMPLOYMENT OF ANY PRACTICE THAT IS IN VIOLATION OF ANY
324-OF THE PROVISIONS LISTED IN SECTION
325-24-31-101 (1)(i)(IX) TO (1)(i)(XIV).
325+OMPLETELY COMPENSATE OR RESTORE THE ORIGINAL
326+13
327+POSITION OF ANY PERSON INJURED BY MEANS OF ANY SUCH PRACTICE ; OR14
328+(III) P
329+REVENT ANY UNJUST ENRICHMENT BY ANY PERSON
330+15
331+THROUGH THE USE OR EMPLOYMENT OF ANY PRACTICE THAT IS IN16
332+VIOLATION OF ANY OF THE PROVISIONS LISTED IN SECTION 24-31-10117
333+(1)(i)(IX)
334+TO (1)(i)(XIV).
335+18
326336 (b) W
327-HERE THE ATTORNEY GENERAL HAS AUTHORITY TO INSTITUTE
328-A CIVIL ACTION OR OTHER PROCEEDING PURSUANT TO THE PROVISIONS OF
329-THIS ARTICLE
330-, THE ATTORNEY GENERAL MAY ACCEPT , IN LIEU THEREOF OR
331-AS A PART THEREOF
332-, AN ASSURANCE OF DISCONTINUANCE OF ANY PRACTICE
333-THAT CONSTITUTES A VIOLATION OF ANY OF THE PROVISIONS THAT ARE
334-LISTED IN SECTION
335- 24-31-101 (1)(i)(IX) TO (1)(i)(XIV). ANY SUCH
336-ASSURANCE OF DISCONTINUANCE MAY INCLUDE A STIPULATION FOR THE
337-VOLUNTARY PAYMENT BY THE ALLEGED VIOLATOR OF THE COSTS OF
338-INVESTIGATION AND THE COSTS OF ANY ACTION OR PROCEEDING BY THE
339-ATTORNEY GENERAL OR A DISTRICT ATTORNEY AND ANY AMOUNT
340-NECESSARY TO RESTORE TO ANY PERSON ANY MONEY OR PROPERTY THAT
341-MAY HAVE BEEN ACQUIRED BY THE ALLEGED VIOLATOR BY MEANS OF A
342-VIOLATION OF ANY OF THE PROVISIONS THAT ARE LISTED IN SECTION
343-24-31-101 (1)(i)(IX) TO (1)(i)(XIV). ANY SUCH ASSURANCE OR
344-DISCONTINUANCE ACCEPTED BY THE ATTORNEY GENERAL AND ANY SUCH
345-STIPULATION FILED WITH THE COURT AS A PART OF ANY SUCH ACTION OR
346-PROCEEDING IS A MATTER OF PUBLIC RECORD UNLESS THE ATTORNEY
347-GENERAL DETERMINES
348-, IN THE ATTORNEY GENERAL 'S SOLE DISCRETION,
349-THAT THE ASSURANCE OF DISCONTINUANCE AND ANY STIPULATION ARE
350-CONFIDENTIAL TO THE PARTIES TO THE ACTION OR PROCEEDING AND TO THE
351-COURT AND ITS EMPLOYEES
352-. UPON THE FILING OF A CIVIL ACTION BY THE
353-ATTORNEY GENERAL ALLEGING THAT A CONFIDENTIAL ASSURANCE OF
354-DISCONTINUANCE OR STIPULATION ACCEPTED PURS UANT TO THIS
355-SUBSECTION
356- (8)(b) HAS BEEN VIOLATED , THE ASSURANCE OF
357-DISCONTINUANCE OR STIPULATION IS DEEMED A PUBLIC RECORD AND OPEN
358-TO INSPECTION BY ANY PERSON
359-. PROOF BY A PREPONDERANCE OF THE
360-EVIDENCE OF A VIOLATION OF ANY SUCH ASSURANCE OR STIPULATION
361-CONSTITUTES PRIMA FACIE EVIDENCE OF A DECEPTIVE TRADE PRACTICE FOR
362-THE PURPOSES OF ANY CIVIL ACTION OR PROCEEDING BROUGHT THEREAFTER
363-BY THE ATTORNEY GENERAL
364-, WHETHER A NEW ACTION OR A SUBSEQUENT
365-PAGE 8-HOUSE BILL 22-1082 MOTION OR PETITION IN ANY PENDING ACTION OR PROCEEDING .
337+HERE THE ATTORNEY GENERAL HAS AUTHORITY TO
338+19
339+INSTITUTE A CIVIL ACTION OR OTHER PROCEEDING PURSUANT TO THE20
340+PROVISIONS OF THIS ARTICLE, THE ATTORNEY GENERAL MAY ACCEPT , IN21
341+LIEU THEREOF OR AS A PART THEREOF , AN ASSURANCE OF22
342+DISCONTINUANCE OF ANY PRACTICE THAT CONSTITUTES A VIOLATION OF23
343+ANY OF THE PROVISIONS THAT ARE LISTED IN SECTION 24-31-101 (1)(i)(IX)24
344+TO (1)(i)(XIV). ANY SUCH ASSURANCE OF DISCONTINUANCE MAY INCLUDE25
345+A STIPULATION FOR THE VOLUNTARY PAYMENT BY THE ALLEGED26
346+VIOLATOR OF THE COSTS OF INVESTIGATION AND THE COSTS OF ANY27
347+1082
348+-9- ACTION OR PROCEEDING BY THE ATTORNEY GENERAL OR A DISTRICT1
349+ATTORNEY AND ANY AMOUNT NECESSARY TO RESTORE TO ANY PERSON2
350+ANY MONEY OR PROPERTY THAT MAY HAVE BEEN ACQUIRED BY THE3
351+ALLEGED VIOLATOR BY MEANS OF A VIOLATION OF ANY OF THE4
352+PROVISIONS THAT ARE LISTED IN SECTION 24-31-101 (1)(i)(IX) TO5
353+(1)(i)(XIV). A
354+NY SUCH ASSURANCE OR DISCONTINUANCE ACCEPTED BY
355+6
356+THE ATTORNEY GENERAL AND ANY SUCH STIPULATION FILED WITH THE7
357+COURT AS A PART OF ANY SUCH ACTION OR PROCEEDING IS A MATTER OF8
358+PUBLIC RECORD UNLESS THE ATTORNEY GENERAL DETERMINES , IN THE9
359+ATTORNEY GENERAL 'S SOLE DISCRETION, THAT THE ASSURANCE OF10
360+DISCONTINUANCE AND ANY STIPULATION ARE CONFIDENTIAL TO THE11
361+PARTIES TO THE ACTION OR PROCEEDING AND TO THE COURT AND ITS12
362+EMPLOYEES. UPON THE FILING OF A CIVIL ACTION BY THE ATTORNEY13
363+GENERAL ALLEGING THAT A CONFIDENTIAL ASSURANCE OF14
364+DISCONTINUANCE OR STIPULATION ACCEPTED PURSUANT TO THIS15
365+SUBSECTION (8)(b) HAS BEEN VIOLATED , THE ASSURANCE OF16
366+DISCONTINUANCE OR STIPULATION IS DEEMED A PUBLIC RECORD AND OPEN17
367+TO INSPECTION BY ANY PERSON . PROOF BY A PREPONDERANCE OF THE18
368+EVIDENCE OF A VIOLATION OF ANY SUCH ASSURANCE OR STIPULATION19
369+CONSTITUTES PRIMA FACIE EVIDENCE OF A DECEPTIVE TRADE PRACTICE20
370+FOR THE PURPOSES OF ANY CIVIL ACTION OR PROCEEDING BROUGHT21
371+THEREAFTER BY THE ATTORNEY GENERAL , WHETHER A NEW ACTION OR A22
372+SUBSEQUENT MOTION OR PETITION IN ANY PENDING ACTION OR23
373+PROCEEDING.24
366374 (9) Penalties. I
367375 N ORDER TO ENFORCE THE PROVISIONS OF THIS
368-ARTICLE
369-31, IN ADDITION TO ANY PENALTIES STATED IN THIS ARTICLE 31, THE
370-ATTORNEY GENERAL MAY SEEK ANY OF THE PENALTIES OR OTHER
371-ENFORCEMENT MECHANISMS SPECIFIED IN THE
372-"IMMIGRANT TENANT
373-PROTECTION ACT", PART 12 OF ARTICLE 12 OF TITLE 38; THE "MOBILE HOME
374-PARK ACT", PART 2 OF ARTICLE 12 OF TITLE 38; THE "MOBILE HOME PARK
375-ACT DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM", PART 11 OF
376-ARTICLE
377-12 OF TITLE 38; PART 1 OF ARTICLE 12 OF TITLE 38; PART 7 OF
378-ARTICLE
379-12 OF TITLE 38; AND SECTION 38-12-904 (1)(b), ALONG WITH COSTS
380-TO ENFORCE THESE PROVISIONS
381-.
376+25
377+ARTICLE 31, IN ADDITION TO ANY PENALTIES STATED IN THIS ARTICLE 31,26
378+THE ATTORNEY GENERAL MAY SEEK ANY OF THE PENALTIES OR OTHER27
379+1082
380+-10- ENFORCEMENT MECHANISMS SPECIFIED IN THE "IMMIGRANT TENANT1
381+P
382+ROTECTION ACT", PART 12 OF ARTICLE 12 OF TITLE 38; THE "MOBILE
383+2
384+H
385+OME PARK ACT", PART 2 OF ARTICLE 12 OF TITLE 38; THE "MOBILE
386+3
387+H
388+OME PARK ACT DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM",
389+4
390+PART 11 OF ARTICLE 12 OF TITLE 38; PART 1 OF ARTICLE 12 OF TITLE 38;5
391+PART 7 OF ARTICLE 12 OF TITLE 38; AND SECTION 38-12-904 (1)(b), ALONG6
392+WITH COSTS TO ENFORCE THESE PROVISIONS .7
382393 (10) Limitations. A
383394 LL ACTIONS BROUGHT UNDER THIS ARTICLE 31
384-MUST BE COMMENCED WITHIN THREE YEARS AFTER THE DATE ON WHICH A
385-VIOLATION OCCURRED OR THE DATE ON WHICH THE LAST IN A SERIES OF
386-SUCH ACTS OR PRACTICES OCCURRED OR WITHIN THREE YEARS AFTER THE
387-CONSUMER DISCOVERED OR IN THE EXERCISE OF REASONABLE DILIGENCE
388-SHOULD HAVE DISCOVERED THE VIOLATION
389-. THE PERIOD OF LIMITATION
390-PROVIDED IN THIS SECTION MAY BE EXTENDED FOR A PERIOD OF ONE YEAR
391-IF THE ATTORNEY GENERAL PROVES THAT FAILURE TO TIMELY COMMENCE
392-THE ACTION WAS CAUSED BY THE DEFENDANT ENGAGING IN CONDUCT
393-CALCULATED TO INDUCE THE ATTORNEY GENERAL TO REFRAIN FROM OR
394-POSTPONE THE COMMENCEMENT OF THE ACTION
395-.
396-SECTION 5. Act subject to petition - effective date. This act
397-takes effect at 12:01 a.m. on the day following the expiration of the
398-ninety-day period after final adjournment of the general assembly; except
399-that, if a referendum petition is filed pursuant to section 1 (3) of article V
400-of the state constitution against this act or an item, section, or part of this act
401-within such period, then the act, item, section, or part will not take effect
402-unless approved by the people at the general election to be held in
403-PAGE 9-HOUSE BILL 22-1082 November 2022 and, in such case, will take effect on the date of the official
404-declaration of the vote thereon by the governor.
405-____________________________ ____________________________
406-Alec Garnett Steve Fenberg
407-SPEAKER OF THE HOUSE PRESIDENT OF
408-OF REPRESENTATIVES THE SENATE
409-____________________________ ____________________________
410-Robin Jones Cindi L. Markwell
411-CHIEF CLERK OF THE HOUSE SECRETARY OF
412-OF REPRESENTATIVES THE SENATE
413- APPROVED________________________________________
414- (Date and Time)
415- _________________________________________
416- Jared S. Polis
417- GOVERNOR OF THE STATE OF COLORADO
418-PAGE 10-HOUSE BILL 22-1082
395+8
396+MUST BE COMMENCED WITHIN THREE YEARS AFTER THE DATE ON WHICH9
397+A VIOLATION OCCURRED OR THE DATE ON WHICH THE LAST IN A SERIES OF10
398+SUCH ACTS OR PRACTICES OCCURRED OR WITHIN THREE YEARS AFTER THE11
399+CONSUMER DISCOVERED OR IN THE EXERCISE OF REASONABLE DILIGENCE12
400+SHOULD HAVE DISCOVERED THE VIOLATION . THE PERIOD OF LIMITATION13
401+PROVIDED IN THIS SECTION MAY BE EXTENDED FOR A PERIOD OF ONE YEAR14
402+IF THE ATTORNEY GENERAL PROVES THAT FAILURE TO TIMELY COMMENCE15
403+THE ACTION WAS CAUSED BY THE DEFENDANT ENGAGING IN CONDUCT16
404+CALCULATED TO INDUCE THE ATTORNEY GENERAL TO REFRAIN FROM OR17
405+POSTPONE THE COMMENCEMENT OF THE ACTION .18
406+SECTION 5. Act subject to petition - effective date. This act19
407+takes effect at 12:01 a.m. on the day following the expiration of the20
408+ninety-day period after final adjournment of the general assembly; except21
409+that, if a referendum petition is filed pursuant to section 1 (3) of article V22
410+of the state constitution against this act or an item, section, or part of this23
411+act within such period, then the act, item, section, or part will not take24
412+effect unless approved by the people at the general election to be held in25
413+November 2022 and, in such case, will take effect on the date of the26
414+official declaration of the vote thereon by the governor.27
415+1082
416+-11-