Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0038.01 Jennifer Berman x3286
SENATE BILL 22-157
Senate Committees House Committees
Business, Labor, & Technology Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING THE ENFORCEMENT OF LAWS RELATING TO UNFAIR101
BUSINESS PRACTICES COMMITTED BY REGULATED PERSONS .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill authorizes a district attorney or a deputy or assistant
district attorney, in investigating a complaint alleging a violation of
consumer protection laws, to request records from a state or local
licensing authority (licensing authority) for information regarding a
person that the licensing authority regulates (regulated person) and that
is the subject of the complaint if the complaint alleges:
HOUSE
3rd Reading Unamended
April 18, 2022
HOUSE
Amended 2nd Reading
April 14, 2022
SENATE
3rd Reading Unamended
March 31, 2022
SENATE
Amended 2nd Reading
March 30, 2022
SENATE SPONSORSHIP
Holbert and Fenberg, Coram, Danielson, Jaquez Lewis, Lee, Moreno, Pettersen, Priola,
Zenzinger
HOUSE SPONSORSHIP
Hooton and Van Winkle, Amabile, Bernett, Carver, Gray, Jodeh, Lindsay, Pico, Ricks,
Valdez A., Will
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ! The complainant suffered damages in an amount of at least
$20,000 and the district attorney determines the amount
alleged appears to be reasonable in relation to the alleged
conduct forming the basis of the complaint; or
! Two or more regulated persons jointly engaged in conduct
that forms the basis of the complaint.
The licensing authority shall share with, and allow inspection of
its records by, the district attorney upon receipt of such request if the
licensing authority has already determined not to take action against the
regulated person or persons.
Additionally, the bill authorizes a state licensing authority, subject
to approval by the head of the executive department in which the state
licensing authority is located, to enter into an interagency agreement with
the attorney general or the attorney general's designee for the referral of
complaints alleging violations of consumer protection laws.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 6-1-116 as2
follows:3
6-1-116. Investigation of unfair business practices by4
regulated persons - district attorney requests for records from5
licensing authorities - interagency agreements with attorney general6
- legislative declaration - definitions. (1) T
HE GENERAL ASSEMBLY7
HEREBY FINDS, DETERMINES, AND DECLARES THAT:8
(a) F
EDERAL AND STATE CONSUMER PROTECTION AND UNFAIR9
TRADE LAWS, SUCH AS THOSE PROHIBITING UNFAIR OR DECEPTIVE TRADE10
PRACTICES, PRICE FIXING, AND MONOPOLIZATION , EXIST TO PROTECT11
CONSUMERS AGAINST UNFAIR BUSINESS PRACTICES THAT UNDERMINE FAIR12
COMPETITION, A THRIVING SMALL BUSINESS SECTOR , AND CONSUMERS'13
RIGHTS TO MAKE INFORMED ECONOMIC DECISIONS ;14
(b) D
ISTRICT ATTORNEYS AND THE ATTORNEY GENERAL ARE15
TASKED WITH, AND HAVE THE EXPERTISE NEEDED FOR , ENFORCING16
CONSUMER PROTECTION LAWS IN THE STATE ;17
157-2- (c) A LICENSING AUTHORITY MIGHT HAVE INFORMATION RELE VANT1
TO A COMPLAINT ALLEGING THAT A PERSON THAT THE LICENSING2
AUTHORITY REGULATES HAS COMMITTED UNFAIR OR DECEPTIVE TRADE3
PRACTICES; AND4
(d) T
HEREFORE, IT BEST SERVES THE CONSUMER PROTECTION5
INTERESTS OF THE STATE TO ALLOW A LICENSING AUTHORITY TO SHARE6
WITH A DISTRICT ATTORNEY OR THE ATTORNEY GENERAL INFORMATION7
REGARDING A REGULATED PERSON , WHICH INFORMATION MAY BE8
RELEVANT TO A CONSUMER PROTECTION INVESTIGATION OF THE9
REGULATED PERSON.10
(2) (a) U
PON RECEIVING A COMPLAINT ALLEGING A VIOLATION OF11
THE CONSUMER PROTECTION LAWS SET FORTH IN THIS ARTICLE 1, A12
DISTRICT ATTORNEY MAY REQUEST RECORDS FROM A LICENSING13
AUTHORITY REGARDING A PERSON THAT IS THE SUBJECT OF THE14
COMPLAINT IF THE COMPLAINT ALLEGES THAT :15
(I) T
HE COMPLAINANT SUFFERED DAMAGES IN AN AMOUNT OF AT16
LEAST TWENTY THOUSAND DOLLARS AND THE DISTRICT ATTORNEY17
DETERMINES THE AMOUNT OF DAMAGES ALLEGED APPEARS TO BE A18
REASONABLE AMOUNT IN RELATION TO THE ALLEGED CONDUCT FORMING19
THE BASIS OF THE COMPLAINT; OR20
(II) T
WO OR MORE PERSONS REGULATED BY THE LICENSING21
AUTHORITY JOINTLY ENGAGED IN CONDUCT THAT FORMS THE BASIS OF THE22
COMPLAINT.23
(b) N
OTWITHSTANDING ANY OTHER PROVISION OF LAW THAT MAY24
PROHIBIT A LICENSING AUTHORITY FROM COMPLYING WITH THIS25
SUBSECTION (2), TO FACILITATE THE DISTRICT ATTORNEY'S INVESTIGATION26
INTO AND ENFORCEMENT OF THE COMPLAINT , A LICENSING AUTHORITY27
157
-3- SHALL PROVIDE THE DISTRICT ATTORNEY WITH COPIES OF , OR ACCESS TO1
INSPECT, THE RECORDS REQUESTED IF THE LICENSING AUTHORITY HAS2
ALREADY DETERMINED IT WILL NOT TAKE ACTION AGAINST THE3
REGULATED PERSON OR PERSONS .4
(c) T
HIS SUBSECTION (2) DOES NOT APPLY TO A PERSON
5
REGULATED BY A BOARD OR COMMISSION .6
(3) I
N ADDITION TO THE COSTS AND ATTORNEY FEES THAT THE
7
REGULATED PERSON OR PERSONS COMPLAINED OF ARE ENTITLED TO8
RECOVER FROM THE COMPLAINANT PURSUANT TO SECTION 6-1-113 (3), IF9
A COURT DETERMINES THAT THE COMPLAINT IS FRIVOLOUS , GROUNDLESS,10
AND WAS FILED IN BAD FAITH, OR IF THE REGULATED PERSON OR PERSONS11
PREVAIL OR SUBSTANTIALLY PREVAIL IN THE MATTER , THE COURT'S ORDER12
MAY ALSO REQUIRE THE COMPLAINANT TO PAY THE REGULATED PERSON 'S13
OR PERSONS' COSTS INCURRED, ACTUAL DAMAGES SUSTAINED , AND14
REASONABLE ATTORNEY FEES INCURRED IN RELATION TO :15
(a) T
HE DISTRICT ATTORNEY 'S OR ATTORNEY GENERAL 'S
16
INVESTIGATION OF THE MATTER; AND17
(b) T
HE LICENSING AUTHORITY'S INVESTIGATION OF A COMPLAINT
18
AGAINST THE REGULATED PERSON OR PERSONS IF THE COURT DETERMINES19
THAT THE TWO COMPLAINTS WERE FILED BY THE SAME COMPLAINANT AND20
IN REGARD TO THE SAME MATTER .21
(4) SUBJECT TO APPROVAL BY THE HEAD OF AN EXECUTIVE22
DEPARTMENT, A STATE LICENSING AUTHORITY WITHIN THE DEPARTMENT23
MAY ENTER INTO AN INTERAGENCY AGREEMENT WITH THE ATTORNEY24
GENERAL OR THE ATTORNEY GENERAL 'S DESIGNEE FOR THE REFERRAL OF25
ANY COMPLAINT THAT APPEARS TO ALLEGE A VIOLATION OF THIS ARTICLE26
1
OR ARTICLE 2 OR 4 OF THIS TITLE 6. THE INTERAGENCY AGREEMENT MAY27
157
-4- PROVIDE FOR REFERRALS OF COMPLAINTS , INFORMATION SHARING ,1
CONFIDENTIALITY REQUIREMENTS , AND OTHER TERMS THAT FACILITATE2
THE INVESTIGATION AND ENFORCEMENT OF COMPLAINTS ALLEGING3
VIOLATIONS OF CONSUMER PROTECTION OR UNFAIR TRADE LAWS .4
(5) ANY COPIES OF RECORDS THAT A LICENSING AUTHORITY SENDS5
TO A DISTRICT ATTORNEY, THE ATTORNEY GENERAL, OR THE ATTORNEY6
GENERAL'S DESIGNEE PURSUANT TO THIS SECTION ARE RECORDS OF THE7
INVESTIGATION OF A PROSECUTING ATTORNEY PURSUANT TO SECTION8
24-72-204 (2)(a)(I)
AND ARE NOT SUBJECT TO THE RIGHT OF INSPECTION9
UNDER THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF10
TITLE 24.11
(6)
AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE12
REQUIRES:13
(a) "D
ISTRICT ATTORNEY" INCLUDES THE DISTRICT ATTORNEY AND14
THE CHIEF DEPUTY DISTRICT ATTORNEYS , SPECIAL DEPUTY DISTRICT15
ATTORNEYS, DEPUTY DISTRICT ATTORNEYS , AND ASSISTANT DISTRICT16
ATTORNEYS THAT THE DISTRICT ATTORNEY APPOINTS PURSUANT TO PART17
2
OF ARTICLE 1 OF TITLE 20.18
(b) "L
ICENSING AUTHORITY" MEANS A STATE LICENSING19
AUTHORITY OR A LOCAL LICENSING AUTHORITY .20
(c) "L
OCAL LICENSING AUTHORITY" MEANS THE GOVERNING BODY21
OF A STATUTORY OR HOME RULE MUNICIPALITY , COUNTY, OR CITY AND22
COUNTY THAT IS AUTHORIZED TO ISSUE OR APPROVE A LOCAL LICENSE TO23
A REGULATED PERSON OR FOR AN ACTIVITY .24
(d) (I) "S
TATE LICENSING AUTHORITY" MEANS A DEPARTMENT OR25
DIVISION OF THE STATE THAT IS AUTHORIZED TO ISSUE TO OR APPROVE A26
STATE LICENSE FOR A REGULATED PERSON, WHICH STATE LICENSE ONLY27
157
-5- AUTHORIZES THE LICENSEE TO PERFORM ACTIVITIES AT SPECIFIC PREMISES .1
(II) "S
TATE LICENSING AUTHORITY " DOES NOT INCLUDE ANY2
BOARD OR COMMISSION.3
SECTION 2. In Colorado Revised Statutes, 24-31-101, amend4
(1)(p) and (1)(q); and add (1)(r) as follows:5
24-31-101. Powers and duties of attorney general. (1) The6
attorney general:7
(p) May bring a civil action to enforce the provisions of section8
24-31-113; and
9
(q) May bring a civil action to enforce the provisions of section10
24-31-307 (2) or a criminal action to enforce the provisions of section11
24-31-307 (3);
AND12
(r) M
AY ENTER INTO INTERAGENCY AGREEMENTS PURSUANT TO13
SECTION 6-1-116 (4).
14
SECTION 3. Act subject to petition - effective date. This act15
takes effect at 12:01 a.m. on the day following the expiration of the16
ninety-day period after final adjournment of the general assembly; except17
that, if a referendum petition is filed pursuant to section 1 (3) of article V18
of the state constitution against this act or an item, section, or part of this19
act within such period, then the act, item, section, or part will not take20
effect unless approved by the people at the general election to be held in21
November 2022 and, in such case, will take effect on the date of the22
official declaration of the vote thereon by the governor.23
157
-6-