First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0462.01 Jennifer Berman x3286
HOUSE BILL 23-1192
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF ADDI TIONAL PROTECTIONS IN THE101
CONSUMER CODE.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
.)
Section 1 of the bill:
! Removes the knowingly or recklessly mental state from the
general unfair or deceptive trade practice provision
concerning an unfair, unconscionable, deceptive,
deliberately misleading, false, or fraudulent act or practice;
! Establishes as a deceptive trade practice the act of
HOUSE SPONSORSHIP
Weissman,
SENATE SPONSORSHIP
Gonzales and Rodriguez,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. including in a contract offered to or entered into with a
consumer a term that is substantially unconscionable or
void as against public policy;
! Establishes that evidence that a person has engaged in an
unfair or deceptive trade practice constitutes a significant
impact to the public; and
! Amends the definition of "recklessly" with regard to unfair
or deceptive trade practices to mean without regard to
consequences or to the rights, interests, or safety of others.
Under current law, a person commits an unfair and unconscionable
act or practice if the person engages in price gouging with regard to the
sale or provision of certain goods or services during, and for a certain
period after, a declared emergency disaster (disaster period). Section 2
extends the disaster period from 180 days after the first declaration of the
disaster to 180 days after the final declaration concerning the disaster
expires.
Section 3 repeals and reenacts the "Colorado Antitrust Act of
1992" as the "Colorado State Antitrust Act of 2023" (act) and:
! Establishes that the facilitation or aiding and abetting of
another person's violation of the act is itself a violation of
the act;
! Authorizes the attorney general (AG) to request discovery
from any person that the AG believes may in the future
engage in, or has information related to, a violation of the
act;
! Authorizes the AG to deem investigatory or intelligence
records related to the act available for public inspection,
but allows the AG to issue public statements or warnings
regarding conduct forming the basis of the investigatory or
intelligence records without waiving the AG's authority not
to deem the records available for public inspection;
! Authorizes a court, upon request of the AG, to compensate
a person that has been injured from a violation of the act as
part of a civil action that the AG brings on behalf of the
person;
! Increases the maximum civil penalty that a court may
award for a violation of the act from $250,000 to
$1,000,000 per violation; and
! With regard to the statute of limitations for commencing a
civil action under the act:
! Clarifies that a cause of action accrues on the date
of the last in a series of acts or practices that, in the
aggregate, constitute a violation of the act;
! Tolls the statute of limitations for any civil action
pertaining to an alleged violation of the act during
HB23-1192
-2- the pendency of a federal proceeding regarding the
conduct forming the basis of the alleged violation of
the act; and
! Exempts the AG from the statute of limitations.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 6-1-105, amend2
(1)(rrr), (2), and (4); and add (1)(uuu) as follows:3
6-1-105. Unfair or deceptive trade practices - definition. (1) A4
person engages in a deceptive trade practice when, in the course of the5
person's business, vocation, or occupation, the person:6
(rrr) Either knowingly or recklessly
Engages in any unfair,7
unconscionable, deceptive, deliberately misleading, false, or fraudulent8
act or practice;9
(uuu) I
NCLUDES IN A CONTRACT THAT THE PERSON OFFERS TO OR10
ENTERS INTO WITH A CONSUMER A TERM THAT IS SUBSTANTIALLY11
UNCONSCIONABLE OR VOID AS AGAINST PUBLIC POLICY .12
(2) Evidence that a person has engaged in
AN UNFAIR OR a13
deceptive trade practice:14
(a) Shall be
IS prima facie evidence of intent to injure competitors15
and to destroy or substantially lessen competition;
AND16
(b) I
S SUFFICIENT TO ESTABLISH A SIGNIFICANT IMPACT TO THE17
PUBLIC.18
(4) For purposes of
AS USED IN this section, "recklessly" means a19
reckless disregard for the truth or falsity of a statement or advertisement20
WITHOUT REGARD TO CONSEQUENCES OR TO THE RIGHTS , INTERESTS, OR21
SAFETY OF OTHERS.22
SECTION 2. In Colorado Revised Statutes, 6-1-730, amend23
HB23-1192-3- (5)(f) as follows:1
6-1-730. Price gouging during declared disaster prohibited -2
deceptive trade practice - legislative declaration - definitions. (5) As3
used in this section:4
(f) "Disaster period" means the date a disaster declaration begins5
and continuing for one hundred eighty days after the date
THAT the FINAL6
disaster declaration begins
CONCERNING THE DISASTER EXPIRES .7
SECTION 3. In Colorado Revised Statutes, repeal and reenact,8
with amendments, article 4 of title 6 as follows:9
ARTICLE 410
Colorado State Antitrust Act of 202311
6-4-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 4 IS THE12
"C
OLORADO STATE ANTITRUST ACT OF 2023".13
6-4-102. Legislative declaration. (1) T
HE GENERAL ASSEMBLY14
FINDS AND DECLARES THAT:15
(a) C
OMPETITION IS FUNDAMENTAL TO :16
(I) T
HE FREE MARKET SYSTEM; AND17
(II) A
HEALTHY MARKETPLACE THAT PROTECTS WORKERS AND18
CONSUMERS; AND19
(b) T
HE UNRESTRAINED AND FAIR INTERACTION OF COMPETITIVE20
FORCES WILL YIELD THE BEST ALLOCATION OF OUR ECONOMIC RESOURCES ,21
THE LOWEST PRICES, THE HIGHEST QUALITY COMMODITIES AND SERVICES ,22
AND THE GREATEST MATERIAL PROGRESS WHILE AT THE SAME TIME23
PROVIDING AN ENVIRONMENT THAT IS CONDUCIVE TO THE PRESERVATION24
OF OUR DEMOCRATIC, POLITICAL, AND SOCIAL INSTITUTIONS AND TO THE25
PROTECTION OF CONSUMERS .26
6-4-103. Definitions. A
S USED IN THIS ARTICLE 4, UNLESS THE27
HB23-1192
-4- CONTEXT OTHERWISE REQUIRES :1
(1) "C
OMMODITY" INCLUDES ANY OF THE FOLLOWING FOR USE ,2
CONSUMPTION, PRODUCTION, ENJOYMENT, OR RESALE:3
(a) G
OODS;4
(b) M
ERCHANDISE;5
(c) W
ARES;6
(d) P
RODUCE;7
(e) C
HOSE IN ACTION;8
(f) L
AND;9
(g) A
RTICLES OF COMMERCE; OR10
(h) A
NY OTHER TANGIBLE OR INTANGIBLE PROPERTY , INCLUDING11
REAL, PERSONAL, OR MIXED PROPERTY.12
(2) "G
OVERNMENTAL OR PUBLIC ENTITY " MEANS:13
(a) T
HE STATE OR ANY DEPARTMENT , BOARD, AGENCY,14
INSTRUMENTALITY, AUTHORITY, OR COMMISSION OF THE STATE; AND15
(b) A
NY POLITICAL SUBDIVISION OF THE STATE, INCLUDING:16
(I) A
COUNTY, CITY, OR CITY AND COUNTY;17
(II) A
SCHOOL DISTRICT AS DEFINED IN SECTION 22-36-107 (2)(c);18
(III) A
LOCAL IMPROVEMENT DISTRICT AS DEFINED IN SECTION19
32-7-103
(7);20
(IV) A
LAW ENFORCEMENT AUTHORITY ;21
(V) A
WATER, SANITATION, FIRE PROTECTION, METROPOLITAN,22
IRRIGATION, DRAINAGE, OR OTHER SPECIAL DISTRICT CREATED PURSUANT23
TO TITLE 32;24
(VI) A
NY OTHER MUNICIPAL , QUASI-MUNICIPAL, OR PUBLIC25
CORPORATION ORGANIZED PURSUANT TO THE STATE CONSTITUTION OR26
OTHER LAW; AND27
HB23-1192
-5- (VII) ANY DEPARTMENT, BOARD, AGENCY, INSTRUMENTALITY,1
AUTHORITY, OR COMMISSION OF A POLITICAL SUBDIVISION OF THE STATE.2
(3) "P
ERSON" INCLUDES AN INDIVIDUAL OR A FIRM, ASSOCIATION,3
ORGANIZATION, BUSINESS TRUST, COMPANY, CORPORATION, JOINT4
VENTURE, PARTNERSHIP, PROPRIETORSHIP, OR OTHER BUSINESS ENTITY,5
WHETHER OR NOT FOR PROFIT , AND ANY GOVERNMENTAL OR PUBLIC6
ENTITY.7
(4) "S
ERVICE" INCLUDES ANY KIND OF ACTIVITY PERFORMED IN8
WHOLE OR IN PART FOR ECONOMIC OR NONECONOMIC BENEFIT .9
(5) "T
RADE OR COMMERCE " MEANS ANY AND ALL ECONOMIC10
ACTIVITY CARRIED ON WHOLLY OR PARTIALLY IN THE STATE THAT11
INVOLVES OR RELATES TO ANY COMMODITY OR SERVICE .12
6-4-104. Illegal restraint of trade or commerce. (1) E
NTERING13
INTO OR ENGAGING IN ANY OF THE FOLLOWING IN RESTRAINT OF TRADE OR14
COMMERCE IS ILLEGAL:15
(a) A
CONTRACT;16
(b) A
COMBINATION IN THE FORM OF A TRUST OR OTHER FORM OF17
COMBINATION; OR18
(c) A
CONSPIRACY.19
6-4-105. Monopolization and attempt to monopolize. I
T IS20
ILLEGAL FOR ANY PERSON TO MONOPOLIZE , ATTEMPT TO MONOPOLIZE, OR21
COMBINE OR CONSPIRE WITH ANY OTHER PERSON TO M ONOPOLIZE ANY22
PART OF TRADE OR COMMERCE .23
6-4-106. Bid-rigging. (1) I
T IS ILLEGAL FOR ANY PERSON TO24
CONTRACT, COMBINE, OR CONSPIRE WITH ANY PERSON TO RIG ANY BID, OR25
ANY ASPECT OF THE BIDDING PROCESS , IN ANY WAY RELATED TO THE26
PROVISION OF ANY COMMODITY OR SERVICE .27
HB23-1192
-6- (2) FOR PURPOSES OF THIS SECTION, EACH SEPARATE INSTANCE OF1
BID-RIGGING CONSTITUTES A SEPARATE VIOLATION OF THIS SECTION ,2
REGARDLESS OF WHETHER A SINGLE CONSPIRACY IS FOUND TO EXIST3
ENCOMPASSING MORE THAN ONE SUCH VIOLATION .4
6-4-107. Mergers - acquisitions. (1) I
T IS ILLEGAL FOR ANY5
PERSON ENGAGED IN TRADE OR COMMERCE TO ACQUIRE , DIRECTLY OR6
INDIRECTLY, THE WHOLE OR ANY PART OF THE STOCK , OTHER SHARE7
CAPITAL, OR ASSETS OF ANOTHER PERSON ENGAGED IN TRADE OR8
COMMERCE IF THE EFFECT OF THE ACQUISITION MAY SUBSTANTIALLY9
LESSEN COMPETITION OR TEND TO CREATE A MONOPOLY .10
(2) N
OTHING IN THIS SECTION PROHIBITS ANY PERSON FROM :11
(a) A
CQUIRING STOCK OF ANOTHER PERSON SOLELY FOR12
INVESTMENT PURPOSES, SO LONG AS THE ACQUISITION OF STOCK IS NOT13
USED, BY VOTING OR OTHERWISE, TO BRING ABOUT OR TO ATTEMPT TO14
BRING ABOUT THE SUBSTANTIAL LESSENING OF COMPETITION ; OR15
(b) C
AUSING THE FORMATION OF SUBSIDIARY CORPORATIONS OR16
FROM OWNING AND HOLDING ALL OR ANY PART OF THE STOCK OF A17
SUBSIDIARY CORPORATION.18
(3) T
HE ATTORNEY GENERAL SHALL NOT CHALLENGE THE MERGER19
OR ACQUISITION OF ANY BANK OR BANK HOLDING COMPANY BY OR WITH20
ANY OTHER BANK OR BANK HOLDING COMPANY THAT IS SUBJECT TO THE21
PROVISIONS OF ANY OF THE FEDERAL BANKING LAWS , EXCEPT AS22
SPECIFICALLY PROVIDED IN THOSE FEDERAL BANKING LAWS .23
6-4-108. Facilitating or aiding and abetting. (1) I
T IS24
UNLAWFUL TO FACILITATE OR AID AND ABET ANOTHER PERSON IN25
VIOLATING THIS ARTICLE 4.26
(2) E
ACH SEPARATE INSTANCE OF FACILITATING OR AIDING AND27
HB23-1192
-7- ABETTING ANOTHER PERSON IN VIOLATING THIS ARTICLE 4 IS A SEPARATE1
VIOLATION OF THIS ARTICLE 4.2
6-4-109. Exemptions. (1) T
HE LABOR OF AN INDIVIDUAL IS NOT3
A COMMODITY, A SERVICE, OR AN ARTICLE OF TRADE OR COMMERCE .4
(2) N
OTHING IN THIS ARTICLE 4 SHALL BE CONSTRUED TO:5
(a) F
ORBID THE EXISTENCE AND OPERATION OF A LABOR ,6
AGRICULTURAL, OR HORTICULTURAL ORGANIZATION THAT :7
(I) I
S INSTITUTED FOR THE PURPOSE OF PROVIDING MUTUAL HELP8
OR IS ENGAGED IN MAKING COLLECTIVE SALES OR MARKETING FOR ITS9
MEMBERS OR SHAREHOLDERS ;10
(II) D
OES NOT HAVE CAPITAL STOCK; AND11
(III) I
S NOT BEING CONDUCTED FOR PROFIT; OR12
(b) F
ORBID OR RESTRAIN INDIVIDUAL MEMBERS OF A LABOR ,13
AGRICULTURAL, OR HORTICULTURAL ORGANIZATION FROM LAWFULLY14
CARRYING OUT THE LEGITIMATE OBJECTIVES OF THE ORGANIZATION .15
(3) A
PROFESSIONAL REVIEW COMMITTEE CONSTITUTED AND16
CONDUCTING ITS REVIEWS AND ACTIVITIES IN ACCORDANCE WITH THE17
PROVISIONS OF PART 2 OF ARTICLE 30 OF TITLE 12, OR THE MEMBERS OF18
THE PROFESSIONAL REVIEW COMMITTEE , SHALL NOT BE HELD OR19
CONSTRUED TO BE AN ILLEGAL COMBINATION OR CONSPIRACY IN20
RESTRAINT OF TRADE UNDER THIS ARTICLE 4.21
(4) A
NY PERSON, ACTIVITY, OR CONDUCT EXEMPT OR IMMUNE22
UNDER THE LAWS OF THIS STATE OR EXEMPT OR IMMUNE FROM THE23
FEDERAL ANTITRUST LAWS IS EXEMPT OR IMMUNE FROM THIS ARTICLE 424
WITHOUT REGARD TO ANY MONETARY THRESHOLD IMPOSED BY FEDERAL25
LAW; EXCEPT THAT NOTHING IN THIS ARTICLE 4 SHALL BE DEEMED TO26
MODIFY THE SPECIFIC PROVISIONS OF PART 4 OF ARTICLE 4 OF TITLE 10.27
HB23-1192
-8- (5) NOTHING IN THIS ARTICLE 4 PROHIBITS OR SHALL BE1
CONSTRUED TO PROHIBIT THE FORMATION AND OPERATION OF :2
(a) H
EALTH-CARE COVERAGE COOPERATIVES PURSUANT TO PART3
10
OF ARTICLE 16 OF TITLE 10; OR4
(b) P
ROVIDER NETWORKS PURSUANT TO PART 3 OF ARTICLE 18 OF5
THIS TITLE 6.6
6-4-110. Jurisdiction - venue. (1) P
RIMARY JURISDICTION OF7
ANY CAUSE OF ACTION BROUGHT PURSUANT TO THIS ARTICLE 4 IS VESTED8
IN THE DISTRICT COURTS OF THIS STATE.9
(2) A
NY CAUSE OF ACTION BROUGHT PURSUANT TO THIS ARTICLE10
4
MAY BE BROUGHT IN ANY JUDICIAL DISTRICT IN WHICH THE ALLEGED11
VIOLATION OCCURRED, ANY INJURY WAS ALLEGEDLY SUFFERED , OR ANY12
DEFENDANT RESIDES.13
6-4-111. Civil discovery request - rules. (1) W
HEN THE14
ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT ANY15
PERSON HAS ENGAGED IN, IS ENGAGING IN, OR MAY HAVE INFORMATION16
RELATED TO A VIOLATION OF THIS ARTICLE 4 OR OF ANY PROVISION OF THE17
FEDERAL ANTITRUST STATUTES THAT MAY BE ENFORCED BY THE18
ATTORNEY GENERAL, THE ATTORNEY GENERAL MAY :19
(a) R
EQUEST THE PERSON, UNDER OATH OR OTHERWISE AND ON20
FORMS PRESCRIBED BY THE ATTORNEY GENERAL , TO FILE A STATEMENT OR21
REPORT IN WRITING, OR TO ANSWER IN WRITING , ANY QUESTIONS22
PROPOUNDED BY THE ATTORNEY GENERAL AS TO ALL FACTS AND23
CIRCUMSTANCES REASONABLY RELATED TO THE ALLEGED OR POTENTIAL24
VIOLATION AND TO PROVIDE ANY OTHER DATA AND INFORMATION THE25
ATTORNEY GENERAL REASONABLY DEEMS NECESSARY ;26
(b) I
SSUE SUBPOENAS TO REQUIRE THE ATTENDANCE OF WITNESSES27
HB23-1192
-9- OR THE PRODUCTION OF RELEVANT DOCUMENTS , ADMINISTER OATHS,1
CONDUCT HEARINGS IN AID OF AN INVESTIGATION OR INQUIRY , AND2
PRESCRIBE FORMS AND ADOPT RULES AS MAY REASONABLY BE DEEMED3
NECESSARY TO ADMINISTER THIS SECTION ; AND4
(c) M
AKE TRUE COPIES, AT THE EXPENSE OF THE ATTORNEY5
GENERAL, OF ANY DOCUMENTS EXAMINED PURSUANT TO SUBSECTION6
(1)(b)
OF THIS SECTION, WHICH COPIES MAY BE OFFERED INTO EVIDENCE7
IN LIEU OF THE ORIGINALS IN ANY CIVIL ACTION BROUGHT PURSUANT TO8
THIS ARTICLE 4. THE PERSON PRODUCING THE DOCUMENTS MAY REQUIRE9
THAT THE ATTORNEY GENERAL MAKE COPIES OF THE DOCUMENTS . IF THE10
ATTORNEY GENERAL DETERMINES THE USE OF ORIGINALS IS NECESSARY ,11
THE ATTORNEY GENERAL SHALL PAY TO HAVE COPIES OF THOSE12
DOCUMENTS MADE FOR USE BY TH E PERSON PRODUCING THE DOCUMENTS .13
(2) S
ERVICE OF ANY REQUEST OR SUBPOENA MUST BE MADE IN THE14
MANNER PRESCRIBED BY LAW .15
(3) A
NY WRITTEN RESPONSE , TESTIMONY, OR DOCUMENTS16
OBTAINED BY THE ATTORNEY GENERAL PURSUANT TO THIS SECTION , OR17
ANY INFORMATION DERIVED DIRECTLY OR INDIRECTLY FROM SUCH18
WRITTEN RESPONSE, TESTIMONY, OR DOCUMENTS, IS NOT ADMISSIBLE IN19
EVIDENCE IN ANY CRIMINAL PROSECUTION AGAINST THE PERSON20
PROVIDING THE WRITTEN RESPONSE , TESTIMONY, OR DOCUMENTS. THE21
PROVISIONS OF THIS SUBSECTION (3) SHALL NOT BE CONSTRUED TO22
PREVENT ANY LAW ENFORCEMENT OFFICER , HAVING AN INDEPENDENT23
BASIS TO PRODUCE OR OBTAIN THE FACTS , INFORMATION, OR EVIDENCE,24
FROM PRODUCING OR OBTAINING THE SAME OR SIMILAR FACTS ,25
INFORMATION, OR EVIDENCE FOR USE IN ANY CRIMINAL PROSECUTION .26
(4) N
OTHING IN THIS SECTION PROHIBITS THE ATTORNEY GENERAL27
HB23-1192
-10- FROM DISCLOSING INFORMATION OBTAINED PURSUANT TO THIS SECTION TO1
ANY OTHER LAW ENFORCEMENT AGENCY , DEPARTMENT OF ANY2
GOVERNMENTAL OR PUBLIC ENTITY OF THIS OR ANY OTHER STATE , OR THE3
FEDERAL GOVERNMENT IF SUCH OTHER LAW ENFORCEMENT AGENCY OR4
DEPARTMENT EXECUTES AN AGREEMENT THAT THE INFORMATION WILL5
REMAIN CONFIDENTIAL AND WILL NOT BE USED IN ANY CRIMINAL6
PROSECUTION AGAINST THE PERSON PROVIDING THE WRITTEN RESPONSE ,7
TESTIMONY, OR DOCUMENTS.8
(5) I
F ANY PERSON FAILS TO APPEAR OR FAILS TO COOPERATE WITH9
ANY INVESTIGATION OR INQUIRY PURSUANT TO A REQUEST OR SUBPOENA10
ISSUED PURSUANT TO THIS SECTION, THE ATTORNEY GENERAL MAY APPLY11
TO ANY DISTRICT COURT FOR AN APPROPRIATE ORDER TO EFFECT THE12
PURPOSES OF THIS SECTION. THE APPLICATION MUST STATE THAT THERE13
IS REASONABLE CAUSE TO BELIEVE THAT THE ORDER APPLIED FOR IS14
NECESSARY TO INVESTIGATE, PROSECUTE, OR TERMINATE A VIOLATION OF15
THIS ARTICLE 4. IF THE COURT IS SATISFIED THAT REASONABLE CAUSE16
EXISTS, THE COURT MAY:17
(a) R
EQUIRE THE ATTENDANCE OF , OR THE PRODUCTION OF18
DOCUMENTS BY, THE PERSON, OR BOTH;19
(b) A
SSESS A CIVIL PENALTY OF UP TO FIVE THOUSAND DOLLARS20
FOR THE FAILURE TO APPEAR AND ANSWER QUESTIONS , WRITTEN OR21
OTHERWISE, OR THE FAILURE TO PRODUCE DOCUMENTS , UNLESS THE22
COURT FINDS THAT THE FAILURE TO APPEAR , TO ANSWER QUESTIONS, OR23
TO PRODUCE DOCUMENTS WAS SUBSTANTIALLY JUSTIFIED OR THAT OTHER24
CIRCUMSTANCES MAKE AN ASSESSMENT OF A CIVIL PENALTY UNJUST ;25
(c) A
WARD THE ATTORNEY GENERAL REASONABLE COSTS AND26
ATTORNEY FEES IN MAKING THIS APPLICATION , UNLESS THE COURT FINDS27
HB23-1192
-11- THAT THE FAILURE TO APPEAR, TO ANSWER QUESTIONS, OR TO PRODUCE1
DOCUMENTS WAS SUBSTANTIALLY JUSTIFIED OR THAT OTHER2
CIRCUMSTANCES MAKE AN AWARD OF COSTS AND ATTORNEY FEES UNJUST ;3
(d) E
NTER ANY PROTECTIVE ORDER AS PROVIDED FOR IN THE4
C
OLORADO RULES OF CIVIL PROCEDURE ; AND5
(e) G
RANT SUCH OTHER OR FURTHER RELIEF AS MAY BE6
NECESSARY TO OBTAIN COMPLIANCE BY THE PERSON .7
(6) (a) T
HE ATTORNEY GENERAL MAY DEEM ANY INVESTIGATIVE8
RECORDS OR RECORDS REGARDING INTELLIGENCE INFORMATION OBTAINED9
UNDER THIS ARTICLE 4 PUBLIC RECORDS SUBJECT TO PUBLIC INSPECTION10
PURSUANT TO PART 2 OF ARTICLE 72 OF TITLE 24.11
(b) (I) N
OTHING IN THIS SUBSECTION (6) SHALL BE CONSTRUED TO12
PREVENT OR LIMIT THE ATTORNEY GENERAL 'S AUTHORITY TO ISSUE PUBLIC13
STATEMENTS DESCRIBING OR WARNING OF ANY COURSE OF CONDUCT OR14
CONSPIRACY THAT VIOLATES THIS ARTICLE 4, WHETHER THE PUBLIC15
STATEMENTS ARE MADE ON A LOCAL , STATEWIDE, REGIONAL, OR16
NATIONWIDE BASIS.17
(II) I
F THE ATTORNEY GENERAL ISSUES PUBLIC STATEMENTS AS18
DESCRIBED IN SUBSECTION (6)(b)(I) OF THIS SECTION, THE ACT OF ISSUING19
PUBLIC STATEMENTS SHALL NOT BE DEEMED A WAIVER OF SECTION20
24-72-204 (2)(a)(I)
OR (2)(a)(IX).21
6-4-112. Enforcement by the attorney general. (1) T
HE22
ATTORNEY GENERAL MAY INSTITUTE ACTIONS OR PROCEEDINGS TO23
PREVENT OR RESTRAIN VIOLATIONS OF THIS ARTICLE 4, INCLUDING24
ACTIONS TO PREVENT OR RESTRAIN UNFAIR METHODS OF COMPETITION IN25
OR AFFECTING COMMERCE .26
(2) T
HE ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON27
HB23-1192
-12- BEHALF OF THE STATE OR ANY GOVERNMENTAL OR PUBLIC ENTITY1
INJURED, EITHER DIRECTLY OR INDIRECTLY, IN ITS BUSINESS OR PROPERTY2
BY REASON OF ANY VIOLATION OF THIS ARTICLE 4 AND, IF SUCCESSFUL,3
SHALL RECOVER ANY ACTUAL DAMAGES SUSTAINED BY THE ENTITY . IF THE4
VIOLATION ALLEGED AND PROVED IS DETERMINED BY THE COURT TO BE A5
PER SE VIOLATION OF THIS ARTICLE 4, THE ATTORNEY GENERAL , ON6
BEHALF OF THE ENTITY , MAY RECOVER THREE TIMES THE ACTUAL7
DAMAGES THAT THE ENTITY SUSTAINS .8
(3) (a) T
HE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AS9
PARENS PATRIAE ON BEHALF OF ANY INDIVIDUAL RESIDING WITHIN THE10
STATE WHO IS INJURED , EITHER DIRECTLY OR INDIRECTLY , IN THE11
INDIVIDUAL'S BUSINESS OR PROPERTY BY REASON OF ANY VIOLATION OF12
THIS ARTICLE 4 AND, IF SUCCESSFUL, SHALL RECOVER ANY ACTUAL13
DAMAGES SUSTAINED BY THE INDIVIDUAL . IF THE VIOLATION ALLEGED14
AND PROVED IS DETERMINED BY THE COUR T TO BE A PER SE VIOLATION OF15
THIS ARTICLE 4, THE ATTORNEY GENERAL, ON BEHALF OF THE INDIVIDUAL,16
MAY RECOVER THREE TIMES THE ACTUAL DAMAGES THAT THE INDIVIDUAL17
SUSTAINS.18
(b) I
N ANY PARENS PATRIAE ACTION IN WHICH ACTUAL OR TREBLE19
DAMAGES ARE RECOVERED , THE COURT, IN ITS DISCRETION, MAY20
DETERMINE THAT THE AMOUNT OF DAMAGES RECOVERED IS TOO SMALL TO21
MAKE ANY REFUND TO PARENS GROUP MEMBERS PRACTICABLE . IN THAT22
EVENT, THE COURT MAY DIRECT THE DAMAGES TO BE PAID TO THE23
GENERAL FUND OF THE STATE OR TO SOME OTHER GOVERNMENTAL OR24
PUBLIC ENTITY AS THE COURT DEEMS APPROPRIATE OR MAY REQUIRE THAT25
DAMAGES BE PAID AS REBATES OR PRICE REDUCTIONS TO FUTURE26
CONSUMERS.27
HB23-1192
-13- (4) IN ADDITION TO ANY OTHER REMEDIES PROVIDED IN THIS1
ARTICLE 4, THE ATTORNEY GENERAL MAY REQUEST , AND A COURT MAY2
MAKE, ORDERS OR JUDGMENTS AS MAY BE NECESSARY TO :3
(a) F
ULLY COMPENSATE OR MAKE WHOLE ANY PERSON INJURED ,4
EITHER DIRECTLY OR INDIRECTLY, BY MEANS OF ANY RESTRAINT OF TRADE5
IN VIOLATION OF THIS ARTICLE 4; OR6
(b) P
REVENT ANY UNJUST ENRICHMENT BY ANY PERSON THROUGH7
ANY RESTRAINT OF TRADE IN VIOLATION OF THIS ARTICLE 4.8
(5) I
N ANY ACTION BROUGHT PURSUANT TO THIS ARTICLE 4, THE9
ATTORNEY GENERAL, IF SUCCESSFUL, IS ENTITLED TO RECOVER THE COSTS10
OF INVESTIGATION, EXPERT FEES, COSTS OF THE ACTION, AND REASONABLE11
ATTORNEY FEES.12
6-4-113. Civil penalties. (1) T
HE ATTORNEY GENERAL MAY13
BRING A CIVIL ACTION ON BEHALF OF THE STATE TO SEEK THE IMPOSITION14
OF A CIVIL PENALTY FOR ANY VIOLATION OF THIS ARTICLE 4. THE COURT,15
UPON FINDING A VIOLATION OF THIS ARTICLE 4, SHALL IMPOSE A CIVIL16
PENALTY TO BE PAID TO THE GENERAL FUND OF THE STATE IN AN AMOUNT17
NOT TO EXCEED ONE MILLION DOLLARS FOR EACH SUCH VIOLATION .18
(2) I
N DETERMINING THE AMOUNT OF A CIVIL PENALTY , THE COURT19
SHALL CONSIDER, AMONG OTHER THINGS:20
(a) T
HE NATURE AND EXTENT OF THE VIOLATION ;21
(b) T
HE NUMBER OF CONSUMERS AFFECTED BY THE VIOLATION ;22
(c) W
HETHER THE VIOLATION WAS AN ISOLATED INCIDENT OR A23
CONTINUOUS PATTERN AND PRACTICE OF BEHAVIOR ;24
(d) W
HETHER THE VIOLATION WAS THE RESULT OF WILLFUL25
CONDUCT;26
(e) W
HETHER THE DEFENDANT TOOK AFFIRMATIVE STEPS TO27
HB23-1192
-14- CONCEAL SUCH VIOLATIONS; AND1
(f) W
HETHER, GIVEN THE SIZE AND WEALTH OF THE DEFENDANT ,2
THE CIVIL PENALTY WILL BE AN EFFECTIVE DETERRENT AGAINST FUTURE3
VIOLATIONS.4
6-4-114. Enforcement - injunction. (1) A
NY PERSON INJURED,5
EITHER DIRECTLY OR INDIRECTLY , IN ITS BUSINESS OR PROPERTY BY6
REASON OF A VIOLATION OF THIS ARTICLE 4 MAY FILE AN ACTION TO7
PREVENT OR RESTRAIN THE VIOLATION .8
(2) I
N ANY ACTION BROUGHT PURSUANT TO THIS SECTION , THE9
COURT, IN ITS DISCRETION, MAY AWARD THE PREVAILING PARTY ITS10
EXPERT WITNESS FEES, THE COSTS OF THE ACTION, AND REASONABLE11
ATTORNEY FEES.12
6-4-115. Enforcement - civil damages. (1) A
NY PERSON13
INJURED, EITHER DIRECTLY OR INDIRECTLY, IN ITS BUSINESS OR PROPERTY14
BY REASON OF ANY VIOLATION OF THIS ARTICLE 4 MAY SUE AND, IF15
SUCCESSFUL, IS ENTITLED TO RECOVER ANY ACTUAL DAMAGES THAT THE16
PERSON SUSTAINED. IF THE VIOLATION ALLEGED AND PROVED IS17
DETERMINED BY THE COURT TO BE A PER SE VIOLATION OF THIS ARTICLE18
4,
THE PERSON MAY RECOVER THREE TIMES THE ACTUAL DAMAGES THAT19
THE PERSON SUSTAINS.20
(2) I
N ANY ACTION BROUGHT PURSUANT TO THIS SECTION , THE21
COURT, IN ITS DISCRETION, MAY AWARD THE PREVAILING PARTY ITS22
EXPERT FEES, THE COSTS OF THE ACTION, AND REASONABLE ATTORNEY23
FEES.24
(3) N
O DAMAGES, COSTS, EXPERT FEES, COSTS OF INVESTIGATION,25
CIVIL PENALTIES, OR ATTORNEY FEES MAY BE RECOVERED FROM :26
(a) A
GOVERNMENTAL OR PUBLIC ENTITY ;27
HB23-1192
-15- (b) ANY OFFICIAL, AGENT, OR EMPLOYEE OF A GOVERNMENTAL OR1
PUBLIC ENTITY ACTING IN AN OFFICIAL CAPACITY; OR2
(c) A
NY PERSON BASED ON ANY OFFICIAL ACTION DIRECTED BY A3
GOVERNMENTAL OR PUBLIC ENTITY .4
6-4-116. Notice to the attorney general. A
NY PERSON THAT FILES5
A CIVIL ACTION THAT INCLUDES ANY ALLEGATION OF A VIOLATION OF THIS6
ARTICLE 4 SHALL, SIMULTANEOUSLY WITH THE FILING OF THE ACTION IN7
DISTRICT COURT, SERVE A COPY OF THE COMPLAINT ON THE ATTORNEY8
GENERAL.9
6-4-117. Computation of damages. I
N ANY ACTION BROUGHT10
PURSUANT TO SECTION 6-4-112 OR 6-4-115, THE AMOUNT OF DAMAGES11
MAY BE CALCULATED AND ASSESSED IN THE AGGREGATE BY STATISTICAL12
OR SAMPLING METHODS , BY THE COMPUTATION OF ILLEGAL13
OVERCHARGES, OR BY SUCH OTHER REASONABLE SYSTEM OF ESTIMATING14
AGGREGATE DAMAGES AS THE COURT IN ITS DISCRETION MAY PERMIT15
WITHOUT REQUIRING SEPARATE PROOF OF ANY INDIVIDUAL CLAIM OF , OR16
AMOUNT OF DAMAGES TO , EACH PERSON ON WHOSE BEHALF THE ACTION17
WAS BROUGHT.18
6-4-118. Enforcement - criminal proceedings. (1) T
HE19
ATTORNEY GENERAL SHALL PROSECUTE ALL CRIMINAL PROCEEDINGS FOR20
VIOLATIONS OF THIS ARTICLE 4, WHETHER BY INDICTMENT OR DIRECT21
INFORMATION FILED IN THE APPROPRIATE DISTRICT COURT .22
(2) A
NY INDIVIDUAL WHO VIOLATES SECTION 6-4-104, 6-4-105, OR23
6-4-106
COMMITS A CLASS 5 FELONY AND SHALL BE PUNISHED AS24
PROVIDED IN SECTION 18-1.3-401.25
(3) A
NY PERSON, OTHER THAN AN INDIVIDUAL OR A26
GOVERNMENTAL OR PUBLIC ENTITY , THAT VIOLATES SECTION 6-4-104,27
HB23-1192
-16- 6-4-105, OR 6-4-106 IS GUILTY OF A FELONY AND, UPON CONVICTION1
THEREOF, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN FIVE MILLION2
DOLLARS.3
6-4-119. Statute of limitations. (1) E
XCEPT AS PROVIDED IN4
SUBSECTION (5) OF THIS SECTION, ANY CIVIL ACTION COMMENCED5
PURSUANT TO THIS ARTICLE 4 MUST BE BROUGHT WITHIN FOUR YEARS6
AFTER THE DATE THAT THE CAUSE OF ACTION ACCRUED . FOR PURPOSES OF7
THIS ARTICLE 4, A CAUSE OF ACTION ACCRUES:8
(a) W
HEN THE CIRCUMSTANCES GIVING RISE TO THE CAUSE OF9
ACTION ARE DISCOVERED OR SHOULD HAVE BEEN DISCOVERED IN THE10
EXERCISE OF REASONABLE DILIGENCE ; OR11
(b) O
N THE DATE THAT THE LAST IN A SERIES OF ACTS OR12
PRACTICES IN VIOLATION OF THIS ARTICLE 4 OCCURRED, INCLUDING ANY13
ACQUISITIONS OR SERIES OF ACQUISITIONS THAT, IN THE AGGREGATE, MAY14
CONSTITUTE A VIOLATION OF THIS ARTICLE 4.15
(2) A
NY CRIMINAL PROCEEDING BROUGHT PURSUANT TO THIS16
ARTICLE 4 MUST BE COMMENCED WITHIN SIX YEARS AFTER THE ALLEGED17
CRIMINAL ACT OCCURRED.18
(3) I
F THE ATTORNEY GENERAL COMMENCES A PROCEEDING OR19
ACTION FOR ANY VIOLATION OF THIS ARTICLE 4, THE RUNNING OF THE20
STATUTE OF LIMITATIONS WITH RESPECT TO EVERY CAUSE OF ACTION THAT21
IS BASED IN WHOLE OR IN PART ON ANY MATTER COMPLAINED OF IN THE22
PROCEEDING OR ACTION IS SUSPENDED DURING THE PENDENCY OF THE23
PROCEEDING OR ACTION AND FOR ONE YEAR AFTER THE CONCLUSION OF24
THE PROCEEDING OR ACTION.25
(4) W
HENEVER ANY CIVIL OR CRIMINAL PROCEEDING IS BROUGHT26
BY THE UNITED STATES TO PREVENT, RESTRAIN, OR PUNISH VIOLATIONS27
HB23-1192
-17- OF ANY FEDERAL ANTITRUST LAWS , THE RUNNING OF THE STATUTE OF1
LIMITATIONS WITH RESPECT TO ANY ACTION UNDER THIS ARTICLE 4 THAT2
IS BASED IN WHOLE OR IN PART ON ANY MATTER COMPLAINED OF IN THE3
FEDERAL PROCEEDING IS SUSPENDED DURING THE PENDENCY OF THE4
FEDERAL PROCEEDING AND FOR ONE YEAR AFTER THE CONCLUSION OF THE5
FEDERAL PROCEEDING.6
(5) T
HE STATUTE OF LIMITATIONS SET FORTH IN THIS SECTION DOES7
NOT TERMINATE THE PERIOD WITHIN WHICH THE ATTORNEY GENERAL MAY8
FILE AN ACTION FOR A VIOLATION OF THIS ARTICLE 4.9
6-4-120. Remedies - cumulative. T
HE REMEDIES PROVIDED IN10
THIS ARTICLE 4 ARE CUMULATIVE EXCEPT AS OTHERWISE EXPRESSLY11
LIMITED.12
6-4-121. Void contracts - refund. (1) A
NY CONTRACT OR13
AGREEMENT THAT A PERSON MAKES WHILE A MEMBER OF ANY14
COMBINATION, CONSPIRACY, TRUST, OR POOL PROHIBITED UNDER THIS15
ARTICLE 4 THAT IS FOUNDED UPON, IS THE RESULT OF, GROWS OUT OF, OR16
IS CONNECTED WITH ANY VIOLATION OF THIS ARTICLE 4, EITHER DIRECTLY17
OR INDIRECTLY, IS VOID, AND THE PERSON MAY NOT RECOVER BASED ON18
OR BENEFIT FROM THE CONTRACT OR AGREEMENT .19
(2) A
NY PAYMENTS MADE UPON , UNDER, OR PURSUANT TO A20
CONTRACT OR AGREEMENT FOR THE BENEFIT OF A PERSON THAT IS A21
MEMBER OF ANY COMBINATION , CONSPIRACY, TRUST, OR POOL PROHIBITED22
UNDER THIS ARTICLE 4 MAY BE RECOVERED IN AN ACTION BROUGHT BY23
THE PARTY MAKING THE PAYMENTS OR BY THE PARTY 'S HEIRS, PERSONAL24
REPRESENTATIVES, OR ASSIGNS.25
6-4-122. Severability. I
F ANY PROVISION OF THIS ARTICLE 4 OR26
THE APPLICATION OF THIS ARTICLE 4 TO ANY PERSON OR CIRCUMSTANCES27
HB23-1192
-18- IS HELD INVALID, THAT INVALIDITY DOES NOT AFFECT OTHER PROVISIONS1
OR APPLICATIONS OF THIS ARTICLE 4 THAT CAN BE GIVEN EFFECT WITHOUT2
THE INVALID PROVISION OR APPLICATION.3
SECTION 4. In Colorado Revised Statutes, 24-21-626, amend4
(1) as follows:5
24-21-626. Unfair trade practices. (1) The provisions of the6
"Unfair Practices Act", article 2 of title 6, and the "Colorado S
TATE7
Antitrust Act of 1992
2023", article 4 of title 6, are specifically applicable8
to charitable gaming activities conducted by any licensee. Within thirty9
days after receiving a complaint alleging a violation of either of said THE10
acts, the licensing authority shall transmit such THE complaint to the11
attorney general.12
SECTION 5. In Colorado Revised Statutes, 24-31-101, amend13
(1)(i)(I) as follows:14
24-31-101. Powers and duties of attorney general. (1) The15
attorney general:16
(i) May independently initiate and bring civil and criminal actions17
to enforce state laws, including actions brought pursuant to:18
(I) The "Colorado Antitrust Act of 1992"
OR THE "COLORADO19
S
TATE ANTITRUST ACT OF 2023", article 4 of title 6;20
SECTION 6. In Colorado Revised Statutes, amend 25-17-410 as21
follows:22
25-17-410. Limited exemption from antitrust, restraint of23
trade, and unfair trade practices provisions. If a producer or group of24
producers participating in a paint stewardship program or a stewardship25
organization contracted by one or more producers to implement a paint26
stewardship program engages in an activity performed solely in27
HB23-1192
-19- furtherance of implementing the paint stewardship program and in1
compliance with the provisions of this part 4, the activity is not a2
violation of the antitrust, restraint of trade, and unfair trade practices3
provisions of the "Unfair Practices Act", article 2 of title 6, C.R.S., or the4
"Colorado S
TATE Antitrust Act of 1992
2023", article 4 of title 6. C.R.S.5
SECTION 7. In Colorado Revised Statutes, amend 25-17-711 as6
follows:7
25-17-711. Limited exemption from antitrust, restraint of8
trade, and unfair trade practices provisions. If the program or any9
other plan approved by the executive director pursuant to this part 710
engages in an activity performed solely in furtherance of implementing11
the program or plan and in compliance with this part 7, the activity is not12
a violation of the antitrust, restraint of trade, and unfair trade practices13
provisions of the "Unfair Practices Act", article 2 of title 6, or the14
"Colorado S
TATE Antitrust Act of 1992
2023", article 4 of title 6.15
SECTION 8. Applicability. This act applies to conduct occurring16
on or after the effective date of this act.17
SECTION 9. Safety clause. The general assembly hereby finds,18
determines, and declares that this act is necessary for the immediate19
preservation of the public peace, health, or safety.20
HB23-1192
-20-