11 | | - | ONCERNING THE ENFORCEMENT OF STATE HOUSING LAWS BY THE |
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12 | | - | DEPARTMENT OF LAW |
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13 | | - | , AND, IN CONNECTION THEREWITH , |
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14 | | - | ESTABLISHING A FAIR HOUSING UNIT WITHIN THE DEPARTMENT OF |
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15 | | - | LAW |
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16 | | - | . |
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17 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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18 | | - | SECTION 1. Legislative declaration. (1) The general assembly |
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19 | | - | hereby finds, declares, and determines that: |
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20 | | - | (a) According to the report issued by the affordable housing |
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21 | | - | transformational task force released in January 2022, an estimated 315,000 |
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22 | | - | households in Colorado spend more than fifty percent of their income on |
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23 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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24 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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25 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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26 | | - | history, or the Session Laws. |
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27 | | - | ________ |
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28 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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29 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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30 | | - | the act. housing costs. The report also found that there are 162,557 households in |
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31 | | - | the state that are considered to be extremely low income, but only 48,767 |
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32 | | - | housing units that are affordable and available to these families. |
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33 | | - | (b) There is fewer than one legal aid attorney available for every |
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34 | | - | 30,000 Coloradans experiencing poverty; |
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35 | | - | (c) This lack of legal assistance leaves Coloradans vulnerable to |
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36 | | - | abuses as they struggle to find stable and affordable housing; |
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37 | | - | (d) Even when a Coloradan is able to obtain relief, such |
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38 | | - | individualized relief often does not lead to systemic change or assist another |
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39 | | - | person similarly situated; and |
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40 | | - | (e) Without safe and stable housing, Coloradans struggle to maintain |
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41 | | - | employment, education outcomes suffer, and community support is lost. |
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42 | | - | (2) By empowering the Colorado attorney general to enforce critical |
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43 | | - | housing laws, the attorney general will be able to provide systematic |
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44 | | - | protections for residents and provide system-wide support for residents and |
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45 | | - | businesses. |
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46 | | - | SECTION 2. In Colorado Revised Statutes, 24-31-101, amend |
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47 | | - | (1)(i) as follows: |
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48 | | - | 24-31-101. Powers and duties of attorney general. (1) The |
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49 | | - | attorney general: |
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50 | | - | (i) May bring civil and criminal actions to enforce state laws, |
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51 | | - | including actions brought pursuant to: |
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52 | | - | (I) The "Colorado Antitrust Act of 1992" in article 4 of title 6; |
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53 | | - | (II) The "Colorado Consumer Protection Act" in article 1 of title 6; |
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54 | | - | (III) The "Unfair Practices Act" in article 2 of title 6; |
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55 | | - | (IV) Article 12 of title 6; and sections 6-1-110, 11-51-603.5, |
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56 | | - | 24-34-505.5, and 25.5-4-306; |
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57 | | - | PAGE 2-HOUSE BILL 22-1082 (V) SECTION 6-1-110; |
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| 14 | + | ONCERNING THE ENFORCEMENT OF STATE HOUSING LAWS BY THE101 |
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| 15 | + | DEPARTMENT OF LAW , AND, IN CONNECTION THEREWITH ,102 |
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| 16 | + | ESTABLISHING A FAIR HOUSING UNIT WITHIN THE DEPARTMENT103 |
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| 17 | + | OF LAW.104 |
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| 18 | + | Bill Summary |
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| 19 | + | (Note: This summary applies to this bill as introduced and does |
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| 20 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 21 | + | passes third reading in the house of introduction, a bill summary that |
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| 22 | + | applies to the reengrossed version of this bill will be available at |
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| 23 | + | http://leg.colorado.gov |
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| 24 | + | .) |
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| 25 | + | The bill: |
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| 26 | + | ! Expands the statutory list of state laws for which the |
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| 27 | + | attorney general may bring civil and criminal enforcement |
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| 28 | + | SENATE |
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| 29 | + | 3rd Reading Unamended |
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| 30 | + | April 22, 2022 |
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| 31 | + | SENATE |
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| 32 | + | Amended 2nd Reading |
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| 33 | + | April 21, 2022 |
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| 34 | + | HOUSE |
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| 35 | + | 3rd Reading Unamended |
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| 36 | + | March 11, 2022 |
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| 37 | + | HOUSE |
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| 38 | + | Amended 2nd Reading |
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| 39 | + | March 4, 2022 |
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| 40 | + | HOUSE SPONSORSHIP |
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| 41 | + | Hooton and Bacon, Benavidez, Bernett, Bird, Boesenecker, Cutter, Daugherty, Duran, |
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| 42 | + | Exum, Froelich, Garnett, Gonzales-Gutierrez, Gray, Herod, Kipp, Lindsay, Lontine, |
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| 43 | + | McCluskie, Michaelson Jenet, Mullica, Ortiz, Ricks, Sirota, Snyder, Sullivan, Titone, Valdez |
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| 44 | + | A., Valdez D., Weissman, Woodrow |
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| 45 | + | SENATE SPONSORSHIP |
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| 46 | + | Gonzales, Buckner, Fields, Jaquez Lewis, Lee, Moreno, Story, Winter |
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| 47 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 48 | + | Capital letters or bold & italic numbers indicate new material to be added to existing statute. |
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| 49 | + | Dashes through the words indicate deletions from existing statute. actions to include various statutory provisions relating to |
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| 50 | + | housing; and |
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| 51 | + | ! Creates the fair housing unit within the department of law. |
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| 52 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 53 | + | SECTION 1. Legislative declaration. (1) The general assembly2 |
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| 54 | + | hereby finds, declares, and determines that:3 |
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| 55 | + | (a) According to the report issued by the affordable housing4 |
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| 56 | + | transformational task force released in January 2022, an estimated5 |
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| 57 | + | 315,000 households in Colorado spend more than fifty percent of their6 |
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| 58 | + | income on housing costs. The report also found that there are 162,5577 |
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| 59 | + | households in the state that are considered to be extremely low income,8 |
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| 60 | + | but only 48,767 housing units that are affordable and available to these9 |
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| 61 | + | families.10 |
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| 62 | + | (b) There is fewer than one legal aid attorney available for every11 |
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| 63 | + | 30,000 Coloradans experiencing poverty;12 |
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| 64 | + | (c) This lack of legal assistance leaves Coloradans vulnerable to13 |
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| 65 | + | abuses as they struggle to find stable and affordable housing;14 |
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| 66 | + | (d) Even when a Coloradan is able to obtain relief, such15 |
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| 67 | + | individualized relief often does not lead to systemic change or assist16 |
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| 68 | + | another person similarly situated; and17 |
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| 69 | + | (e) Without safe and stable housing, Coloradans struggle to18 |
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| 70 | + | maintain employment, education outcomes suffer, and community support19 |
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| 71 | + | is lost.20 |
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| 72 | + | (2) By empowering the Colorado attorney general to enforce21 |
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| 73 | + | critical housing laws, the attorney general will be able to provide22 |
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| 74 | + | systematic protections for residents and provide system-wide support for23 |
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| 75 | + | residents and businesses.24 |
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| 76 | + | 1082-2- SECTION 2. In Colorado Revised Statutes, 24-31-101, amend1 |
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| 77 | + | (1)(i) as follows:2 |
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| 78 | + | 24-31-101. Powers and duties of attorney general. (1) The3 |
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| 79 | + | attorney general:4 |
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| 80 | + | (i) May bring civil and criminal actions to enforce state laws,5 |
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| 81 | + | including actions brought pursuant to:6 |
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| 82 | + | (I) The "Colorado Antitrust Act of 1992" in article 4 of title 6;7 |
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| 83 | + | (II) The "Colorado Consumer Protection Act" in article 1 of title8 |
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| 84 | + | 6;9 |
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| 85 | + | (III) The "Unfair Practices Act" in article 2 of title 6;10 |
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| 86 | + | (IV) Article 12 of title 6; and sections 6-1-110, 11-51-603.5,11 |
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| 87 | + | 24-34-505.5, and 25.5-4-306;12 |
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| 88 | + | (V) S |
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| 89 | + | ECTION 6-1-110;13 |
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78 | | - | ART 7 OF ARTICLE 12 OF TITLE 38; AND |
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79 | | - | (XIV) SECTION 38-12-904 (1)(b). |
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80 | | - | SECTION 3. In Colorado Revised Statutes, 24-31-102, amend |
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81 | | - | (1)(h) and (1)(i); and add (1)(k) as follows: |
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82 | | - | 24-31-102. Offices, boards, and divisions. (1) The department of |
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83 | | - | law, the chief executive officer of which is the attorney general, includes |
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84 | | - | the following: |
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85 | | - | (h) The financial empowerment office, created in part 11 of this |
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86 | | - | article 31; and |
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87 | | - | (i) Notwithstanding section 24-1-107, any other division, office, or |
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88 | | - | unit established by the attorney general or by law. THE FAIR HOUSING UNIT; |
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89 | | - | AND |
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90 | | - | (k) NOTWITHSTANDING SECTION 24-1-107, ANY OTHER DIVISION, |
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91 | | - | OFFICE, OR UNIT ESTABLISHED BY THE ATTORNEY GENERAL OR BY LAW . |
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92 | | - | PAGE 3-HOUSE BILL 22-1082 SECTION 4. In Colorado Revised Statutes, add 24-31-115 as |
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93 | | - | follows: |
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94 | | - | 24-31-115. Housing unit - powers of attorney general or district |
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95 | | - | attorney - subpoenas - document production - remedies - injunctive |
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96 | | - | relief - penalties. (1) W |
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97 | | - | HEN THERE IS REASON TO BELIEVE THAT THERE IS |
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98 | | - | A POTENTIAL VIOLATION OF LAW THAT RISKS HARM TO A CONSUMER |
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99 | | - | , PUBLIC |
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100 | | - | HEALTH |
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101 | | - | , OR PUBLIC SAFETY, THAT IS BASED ON A SUBSTANTIATED |
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102 | | - | COMPLAINT |
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103 | | - | , THE ATTORNEY GENERAL MAY INVESTIGATE ANY PERSON OR |
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104 | | - | ORGANIZATION SUBJECT TO THIS ARTICLE |
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105 | | - | 31. A COMPLAINT IS NOT |
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106 | | - | NECESSARY IF THE INFORMATION IS PROVIDED BY AN AGENCY OF THE |
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107 | | - | FEDERAL |
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108 | | - | , STATE, OR A LOCAL GOVERNMENT THAT REGULATES OR PROVIDES |
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109 | | - | PROTECTIONS FOR CONSUMERS |
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110 | | - | , TENANTS, AND MOBILE HOME RESIDENTS . |
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111 | | - | T |
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112 | | - | HE ATTORNEY GENERAL MAY DIRECT OR SUBPOENA ANY PERSON WHOSE |
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113 | | - | TESTIMONY MAY BE REQUIRED ABOUT POTENTIAL VIOLATIONS OF LAW AND |
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114 | | - | MAY DIRECT OR SUBPOENA THE PERSON TO PRODUCE RECORDS THE |
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115 | | - | ATTORNEY GENERAL CONSIDERS RELEVANT TO THE INQUIRY |
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116 | | - | . NOTHING IN |
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117 | | - | THIS SECTION LIMITS THE SCOPE OF THE ATTORNEY GENERAL |
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118 | | - | 'S AUTHORITY |
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119 | | - | TO REVIEW AND INVESTIGATE POTENTIAL VIOLATIONS OF LAW OR HARM |
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120 | | - | DISCOVERED IN THE COURSE OF AN INVESTIGATION |
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121 | | - | . |
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122 | | - | (2) N |
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123 | | - | OTHING IN THIS SECTION IMPACTS OR AFFECTS BANKING |
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124 | | - | EXAMINATIONS AND REGULATIONS PROMULGATED BY PRIMARY FEDERAL |
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125 | | - | AND STATE BANKING AUTHORITIES |
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126 | | - | , NOTWITHSTANDING THE AUTHORITY |
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127 | | - | THAT MAY BE EXERCISED BY THE ATTORNEY GENERAL UNDER SECTION |
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128 | | - | 11-51-603.5. |
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| 110 | + | ART 7 OF ARTICLE 12 OF TITLE 38; |
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| 111 | + | AND24 |
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| 112 | + | (XIV) SECTION 38-12-904 (1)(b).25 |
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| 113 | + | SECTION 3. In Colorado Revised Statutes, 24-31-102, amend26 |
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| 114 | + | (1)(h) and (1)(i); and add (1)(j) as follows:27 |
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| 115 | + | 1082 |
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| 116 | + | -3- 24-31-102. Offices, boards, and divisions. (1) The department1 |
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| 117 | + | of law, the chief executive officer of which is the attorney general,2 |
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| 118 | + | includes the following:3 |
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| 119 | + | (h) The financial empowerment office, created in part 11 of this4 |
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| 120 | + | article 31; and5 |
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| 121 | + | (i) Notwithstanding section 24-1-107, any other division, office,6 |
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| 122 | + | or unit established by the attorney general or by law. THE FAIR HOUSING7 |
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| 123 | + | UNIT; AND8 |
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| 124 | + | (j) N |
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| 125 | + | OTWITHSTANDING SECTION 24-1-107, ANY OTHER DIVISION,9 |
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| 126 | + | OFFICE, OR UNIT ESTABLISHED BY THE ATTORNEY GENERAL OR BY LAW .10 SECTION 4. In Colorado Revised Statutes, add 24-31-115 as11 |
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| 127 | + | follows:12 |
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| 128 | + | 24-31-115. Housing unit - powers of attorney general or13 |
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| 129 | + | district attorney - subpoenas - document production - remedies -14 |
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| 130 | + | injunctive relief - penalties. (1) WHEN THERE IS REASON TO BELIEVE15 |
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| 131 | + | THAT THERE IS A POTENTIAL VIOLATION OF LAW THAT RISKS HARM TO A16 |
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| 132 | + | CONSUMER, PUBLIC HEALTH, OR PUBLIC SAFETY, THAT IS BASED ON A17 |
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| 133 | + | SUBSTANTIATED COMPLAINT, THE ATTORNEY GENERAL MAY INVESTIGATE18 |
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| 134 | + | ANY PERSON OR ORGANIZATION SUBJECT TO THIS ARTICLE 31 A19 |
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| 135 | + | COMPLAINT IS NOT NECESSARY IF THE INFORMATION IS PROVIDED BY AN20 |
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| 136 | + | AGENCY OF THE FEDERAL , STATE, OR A LOCAL GOVERNMENT THAT21 |
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| 137 | + | REGULATES OR PROVIDES PROTECTIONS FOR CONSUMERS , TENANTS, AND22 |
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| 138 | + | MOBILE HOME RESIDENTS. THE ATTORNEY GENERAL MAY DIRECT OR23 |
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| 139 | + | SUBPOENA ANY PERSON WHOSE TESTIMONY MAY BE REQUIRED ABOUT24 |
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| 140 | + | POTENTIAL VIOLATIONS OF LAW AND MAY DIRECT OR SUBPOENA THE25 |
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| 141 | + | PERSON TO PRODUCE RECORDS THE ATTORNEY GENERAL CONSIDERS26 |
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| 142 | + | RELEVANT TO THE INQUIRY. NOTHING IN THIS SECTION LIMITS THE SCOPE27 |
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| 143 | + | 1082 |
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| 144 | + | -4- OF THE ATTORNEY GENERAL'S AUTHORITY TO REVIEW AND INVESTIGATE1 |
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| 145 | + | POTENTIAL VIOLATIONS OF LAW OR HARM DISCOVERED IN THE COURSE OF2 |
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| 146 | + | AN INVESTIGATION.3 |
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| 147 | + | (2) NOTHING IN THIS SECTION IMPACTS OR AFFECTS BANKING4 |
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| 148 | + | EXAMINATIONS AND REGULATIONS PROMULGATED BY PRIMARY FEDERAL5 |
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| 149 | + | AND STATE BANKING AUTHORITIES, NOTWITHSTANDING THE AUTHORITY6 |
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| 150 | + | THAT MAY BE EXERCISED BY THE ATTORNEY GENERAL UNDER SECTION7 |
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| 151 | + | 11-51-603.5.8 |
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196 | | - | ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT A PERSON |
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197 | | - | , |
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198 | | - | WHETHER IN THIS STATE OR ELSEWHERE , HAS ENGAGED IN OR IS ENGAGING |
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199 | | - | IN A VIOLATION OF ANY OF THE PROVISIONS LISTED IN SECTION |
---|
200 | | - | 24-31-101 |
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201 | | - | PAGE 5-HOUSE BILL 22-1082 (1)(i)(IX) TO (1)(i)(XIV), THE ATTORNEY GENERAL , IN ADDITION TO ANY |
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202 | | - | OTHER POWERS CONFERRED UPON THE ATTORNEY GENERAL BY THIS ARTICLE |
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203 | | - | 31, MAY ISSUE SUBPOENAS TO REQUIRE THE ATTENDANCE OF WITNESSES OR |
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204 | | - | THE PRODUCTION OF DOCUMENTS |
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205 | | - | , ADMINISTER OATHS, CONDUCT HEARINGS |
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206 | | - | IN AID OF ANY INVESTIGATION OR INQUIRY |
---|
207 | | - | , AND PRESCRIBE SUCH FORMS AND |
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208 | | - | PROMULGATE SUCH RULES AS MAY BE NECESSARY TO ADMINISTER THE |
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209 | | - | PROVISIONS OF THIS ARTICLE |
---|
210 | | - | 31. |
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| 215 | + | 20 |
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| 216 | + | ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT A PERSON ,21 |
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| 217 | + | WHETHER IN THIS STATE OR ELSEWHERE, HAS ENGAGED IN OR IS ENGAGING22 |
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| 218 | + | IN A VIOLATION OF ANY OF THE PROVISIONS LISTED IN SECTION 24-31-10123 |
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| 219 | + | (1)(i)(IX) |
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| 220 | + | TO (1)(i)(XIV), THE ATTORNEY GENERAL, IN ADDITION TO ANY |
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| 221 | + | 24 |
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| 222 | + | OTHER POWERS CONFERRED UPON THE ATTORNEY GENERAL BY THIS25 |
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| 223 | + | ARTICLE 31, MAY ISSUE SUBPOENAS TO REQUIRE THE ATTENDANCE OF26 |
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| 224 | + | WITNESSES OR THE PRODUCTION OF DOCUMENTS , ADMINISTER OATHS,27 |
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| 225 | + | 1082 |
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| 226 | + | -6- CONDUCT HEARINGS IN AID OF ANY INVESTIGATION OR INQUIRY , AND1 |
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| 227 | + | PRESCRIBE SUCH FORMS AND PROMULGATE SUCH RULES AS MAY BE2 |
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| 228 | + | NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTICLE 31.3 |
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241 | | - | NY TESTIMONY OBTAINED BY THE |
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242 | | - | ATTORNEY GENERAL PURSUANT TO COMPULSORY PROCESS UNDER THIS |
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243 | | - | ARTICLE |
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244 | | - | 31 OR ANY INFORMATION DERIVED DIRECTLY OR INDIRECTLY FROM |
---|
245 | | - | SUCH TESTIMONY SHALL NOT BE ADMISSIBLE IN EVIDENCE IN ANY CRIMINAL |
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246 | | - | PROSECUTION AGAINST THE PERSON SO COMPELLED TO TESTIFY |
---|
247 | | - | . THIS |
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248 | | - | SUBSECTION |
---|
249 | | - | (6) SHALL NOT BE CONSTRUED TO PREVENT ANY LAW |
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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 |
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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 |
---|
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 |
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| 314 | + | APPROPRIATE DISTRICT COURT OF THIS STATE, A TEMPORARY RESTRAINING5 |
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| 315 | + | ORDER OR INJUNCTION, OR BOTH, PURSUANT TO THE COLORADO RULES OF6 |
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| 316 | + | CIVIL PROCEDURE, PROHIBITING THE PERSON FROM CONTINUING OR7 |
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| 317 | + | ENGAGING IN SUCH PRACTICES, OR DOING ANY ACT IN FURTHERANCE OF8 |
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| 318 | + | SUCH PRACTICES. THE COURT MAY MAKE SUCH ORDERS OR JUDGMENTS AS9 |
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| 319 | + | IS NECESSARY TO:10 |
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| 320 | + | (I) P |
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| 321 | + | REVENT THE USE OR EMPLOYMENT BY SUCH PERSON OF ANY |
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| 322 | + | 11 |
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| 323 | + | SUCH PRACTICES;12 |
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327 | | - | HERE THE ATTORNEY GENERAL HAS AUTHORITY TO INSTITUTE |
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328 | | - | A CIVIL ACTION OR OTHER PROCEEDING PURSUANT TO THE PROVISIONS OF |
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329 | | - | THIS ARTICLE |
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330 | | - | , THE ATTORNEY GENERAL MAY ACCEPT , IN LIEU THEREOF OR |
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331 | | - | AS A PART THEREOF |
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332 | | - | , AN ASSURANCE OF DISCONTINUANCE OF ANY PRACTICE |
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333 | | - | THAT CONSTITUTES A VIOLATION OF ANY OF THE PROVISIONS THAT ARE |
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334 | | - | LISTED IN SECTION |
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335 | | - | 24-31-101 (1)(i)(IX) TO (1)(i)(XIV). ANY SUCH |
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336 | | - | ASSURANCE OF DISCONTINUANCE MAY INCLUDE A STIPULATION FOR THE |
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337 | | - | VOLUNTARY PAYMENT BY THE ALLEGED VIOLATOR OF THE COSTS OF |
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338 | | - | INVESTIGATION AND THE COSTS OF ANY ACTION OR PROCEEDING BY THE |
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339 | | - | ATTORNEY GENERAL OR A DISTRICT ATTORNEY AND ANY AMOUNT |
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340 | | - | NECESSARY TO RESTORE TO ANY PERSON ANY MONEY OR PROPERTY THAT |
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341 | | - | MAY HAVE BEEN ACQUIRED BY THE ALLEGED VIOLATOR BY MEANS OF A |
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342 | | - | VIOLATION OF ANY OF THE PROVISIONS THAT ARE LISTED IN SECTION |
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343 | | - | 24-31-101 (1)(i)(IX) TO (1)(i)(XIV). ANY SUCH ASSURANCE OR |
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344 | | - | DISCONTINUANCE ACCEPTED BY THE ATTORNEY GENERAL AND ANY SUCH |
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345 | | - | STIPULATION FILED WITH THE COURT AS A PART OF ANY SUCH ACTION OR |
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346 | | - | PROCEEDING IS A MATTER OF PUBLIC RECORD UNLESS THE ATTORNEY |
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347 | | - | GENERAL DETERMINES |
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348 | | - | , IN THE ATTORNEY GENERAL 'S SOLE DISCRETION, |
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349 | | - | THAT THE ASSURANCE OF DISCONTINUANCE AND ANY STIPULATION ARE |
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350 | | - | CONFIDENTIAL TO THE PARTIES TO THE ACTION OR PROCEEDING AND TO THE |
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351 | | - | COURT AND ITS EMPLOYEES |
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352 | | - | . UPON THE FILING OF A CIVIL ACTION BY THE |
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353 | | - | ATTORNEY GENERAL ALLEGING THAT A CONFIDENTIAL ASSURANCE OF |
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354 | | - | DISCONTINUANCE OR STIPULATION ACCEPTED PURS UANT TO THIS |
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355 | | - | SUBSECTION |
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356 | | - | (8)(b) HAS BEEN VIOLATED , THE ASSURANCE OF |
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357 | | - | DISCONTINUANCE OR STIPULATION IS DEEMED A PUBLIC RECORD AND OPEN |
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358 | | - | TO INSPECTION BY ANY PERSON |
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359 | | - | . PROOF BY A PREPONDERANCE OF THE |
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360 | | - | EVIDENCE OF A VIOLATION OF ANY SUCH ASSURANCE OR STIPULATION |
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361 | | - | CONSTITUTES PRIMA FACIE EVIDENCE OF A DECEPTIVE TRADE PRACTICE FOR |
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362 | | - | THE PURPOSES OF ANY CIVIL ACTION OR PROCEEDING BROUGHT THEREAFTER |
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363 | | - | BY THE ATTORNEY GENERAL |
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364 | | - | , WHETHER A NEW ACTION OR A SUBSEQUENT |
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365 | | - | PAGE 8-HOUSE BILL 22-1082 MOTION OR PETITION IN ANY PENDING ACTION OR PROCEEDING . |
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| 337 | + | HERE THE ATTORNEY GENERAL HAS AUTHORITY TO |
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| 338 | + | 19 |
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| 339 | + | INSTITUTE A CIVIL ACTION OR OTHER PROCEEDING PURSUANT TO THE20 |
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| 340 | + | PROVISIONS OF THIS ARTICLE, THE ATTORNEY GENERAL MAY ACCEPT , IN21 |
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| 341 | + | LIEU THEREOF OR AS A PART THEREOF , AN ASSURANCE OF22 |
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| 342 | + | DISCONTINUANCE OF ANY PRACTICE THAT CONSTITUTES A VIOLATION OF23 |
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| 343 | + | ANY OF THE PROVISIONS THAT ARE LISTED IN SECTION 24-31-101 (1)(i)(IX)24 |
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| 344 | + | TO (1)(i)(XIV). ANY SUCH ASSURANCE OF DISCONTINUANCE MAY INCLUDE25 |
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| 345 | + | A STIPULATION FOR THE VOLUNTARY PAYMENT BY THE ALLEGED26 |
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| 346 | + | VIOLATOR OF THE COSTS OF INVESTIGATION AND THE COSTS OF ANY27 |
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| 347 | + | 1082 |
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| 348 | + | -9- ACTION OR PROCEEDING BY THE ATTORNEY GENERAL OR A DISTRICT1 |
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| 349 | + | ATTORNEY AND ANY AMOUNT NECESSARY TO RESTORE TO ANY PERSON2 |
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| 350 | + | ANY MONEY OR PROPERTY THAT MAY HAVE BEEN ACQUIRED BY THE3 |
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| 351 | + | ALLEGED VIOLATOR BY MEANS OF A VIOLATION OF ANY OF THE4 |
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| 352 | + | PROVISIONS THAT ARE LISTED IN SECTION 24-31-101 (1)(i)(IX) TO5 |
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| 353 | + | (1)(i)(XIV). A |
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| 354 | + | NY SUCH ASSURANCE OR DISCONTINUANCE ACCEPTED BY |
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| 355 | + | 6 |
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| 356 | + | THE ATTORNEY GENERAL AND ANY SUCH STIPULATION FILED WITH THE7 |
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| 357 | + | COURT AS A PART OF ANY SUCH ACTION OR PROCEEDING IS A MATTER OF8 |
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| 358 | + | PUBLIC RECORD UNLESS THE ATTORNEY GENERAL DETERMINES , IN THE9 |
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| 359 | + | ATTORNEY GENERAL 'S SOLE DISCRETION, THAT THE ASSURANCE OF10 |
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| 360 | + | DISCONTINUANCE AND ANY STIPULATION ARE CONFIDENTIAL TO THE11 |
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| 361 | + | PARTIES TO THE ACTION OR PROCEEDING AND TO THE COURT AND ITS12 |
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| 362 | + | EMPLOYEES. UPON THE FILING OF A CIVIL ACTION BY THE ATTORNEY13 |
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| 363 | + | GENERAL ALLEGING THAT A CONFIDENTIAL ASSURANCE OF14 |
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| 364 | + | DISCONTINUANCE OR STIPULATION ACCEPTED PURSUANT TO THIS15 |
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| 365 | + | SUBSECTION (8)(b) HAS BEEN VIOLATED , THE ASSURANCE OF16 |
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| 366 | + | DISCONTINUANCE OR STIPULATION IS DEEMED A PUBLIC RECORD AND OPEN17 |
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| 367 | + | TO INSPECTION BY ANY PERSON . PROOF BY A PREPONDERANCE OF THE18 |
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| 368 | + | EVIDENCE OF A VIOLATION OF ANY SUCH ASSURANCE OR STIPULATION19 |
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| 369 | + | CONSTITUTES PRIMA FACIE EVIDENCE OF A DECEPTIVE TRADE PRACTICE20 |
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| 370 | + | FOR THE PURPOSES OF ANY CIVIL ACTION OR PROCEEDING BROUGHT21 |
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| 371 | + | THEREAFTER BY THE ATTORNEY GENERAL , WHETHER A NEW ACTION OR A22 |
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| 372 | + | SUBSEQUENT MOTION OR PETITION IN ANY PENDING ACTION OR23 |
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| 373 | + | PROCEEDING.24 |
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384 | | - | MUST BE COMMENCED WITHIN THREE YEARS AFTER THE DATE ON WHICH A |
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385 | | - | VIOLATION OCCURRED OR THE DATE ON WHICH THE LAST IN A SERIES OF |
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386 | | - | SUCH ACTS OR PRACTICES OCCURRED OR WITHIN THREE YEARS AFTER THE |
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387 | | - | CONSUMER DISCOVERED OR IN THE EXERCISE OF REASONABLE DILIGENCE |
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388 | | - | SHOULD HAVE DISCOVERED THE VIOLATION |
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389 | | - | . THE PERIOD OF LIMITATION |
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390 | | - | PROVIDED IN THIS SECTION MAY BE EXTENDED FOR A PERIOD OF ONE YEAR |
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391 | | - | IF THE ATTORNEY GENERAL PROVES THAT FAILURE TO TIMELY COMMENCE |
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392 | | - | THE ACTION WAS CAUSED BY THE DEFENDANT ENGAGING IN CONDUCT |
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393 | | - | CALCULATED TO INDUCE THE ATTORNEY GENERAL TO REFRAIN FROM OR |
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394 | | - | POSTPONE THE COMMENCEMENT OF THE ACTION |
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395 | | - | . |
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396 | | - | SECTION 5. Act subject to petition - effective date. This act |
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397 | | - | takes effect at 12:01 a.m. on the day following the expiration of the |
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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 |
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403 | | - | PAGE 9-HOUSE BILL 22-1082 November 2022 and, in such case, will take effect on the date of the official |
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404 | | - | declaration of the vote thereon by the governor. |
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405 | | - | ____________________________ ____________________________ |
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406 | | - | Alec Garnett Steve Fenberg |
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407 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
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408 | | - | OF REPRESENTATIVES THE SENATE |
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409 | | - | ____________________________ ____________________________ |
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410 | | - | Robin Jones Cindi L. Markwell |
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411 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
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412 | | - | OF REPRESENTATIVES THE SENATE |
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413 | | - | APPROVED________________________________________ |
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414 | | - | (Date and Time) |
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415 | | - | _________________________________________ |
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416 | | - | Jared S. Polis |
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417 | | - | GOVERNOR OF THE STATE OF COLORADO |
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418 | | - | PAGE 10-HOUSE BILL 22-1082 |
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| 395 | + | 8 |
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| 396 | + | MUST BE COMMENCED WITHIN THREE YEARS AFTER THE DATE ON WHICH9 |
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| 397 | + | A VIOLATION OCCURRED OR THE DATE ON WHICH THE LAST IN A SERIES OF10 |
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| 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 |
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| 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 |
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| 408 | + | ninety-day period after final adjournment of the general assembly; except21 |
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| 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 |
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| 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 |
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| 414 | + | official declaration of the vote thereon by the governor.27 |
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| 415 | + | 1082 |
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| 416 | + | -11- |
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