First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0462.01 Jennifer Berman x3286
HOUSE BILL 23-1192
House Committees Senate Committees
Judiciary 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
SENATE
3rd Reading Unamended
May 3, 2023
SENATE
Amended 2nd Reading
May 2, 2023
HOUSE
3rd Reading Unamended
March 7, 2023
HOUSE
Amended 2nd Reading
March 6, 2023
HOUSE SPONSORSHIP
Weissman, Amabile, Bacon, Boesenecker, Brown, deGruy Kennedy, Dickson, Duran,
English, Epps, Garcia, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Kipp, Lindsay, Mabrey,
Mauro, McCormick, Michaelson Jenet, Parenti, Sharbini, Sirota, Story, Titone, Vigil,
Woodrow
SENATE SPONSORSHIP
Gonzales and Rodriguez, Buckner, Coleman, Cutter, Exum, Fenberg, Hinrichsen, Jaquez
Lewis, Kolker, Marchman, Priola, Sullivan, Winter F.
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
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
2
SECTION 1. In Colorado Revised Statutes, 6-1-730, amend3
(5)(f) as follows:4
6-1-730. Price gouging during declared disaster prohibited -5
deceptive trade practice - legislative declaration - definitions. (5) As6
used in this section:7
(f) "Disaster period" means the date a disaster declaration begins8
and continuing for one hundred eighty days after the date
THAT the FINAL9
disaster declaration begins
CONCERNING THE DISASTER EXPIRES .10
SECTION 2. In Colorado Revised Statutes, repeal and reenact,11
with amendments, article 4 of title 6 as follows:12
ARTICLE 413
Colorado State Antitrust Act of 202314
6-4-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 4 IS THE15
"C
OLORADO STATE ANTITRUST ACT OF 2023".16
6-4-102. Legislative declaration. (1) T
HE GENERAL ASSEMBLY17
FINDS AND DECLARES THAT:18
(a) C
OMPETITION IS FUNDAMENTAL TO :19
(I) T
HE FREE MARKET SYSTEM; AND20
(II) A
HEALTHY MARKETPLACE THAT PROTECTS WORKERS AND21
CONSUMERS; AND22
(b) T
HE UNRESTRAINED AND FAIR INTERACTION OF COMPETITIVE23
1192-3- FORCES WILL YIELD THE BEST ALLOCATION OF OUR ECONOMIC RESOURCES ,1
THE LOWEST PRICES, THE HIGHEST QUALITY COMMODITIES AND SERVICES ,2
AND THE GREATEST MATERIAL PROGRESS WHILE AT THE SAME TIME3
PROVIDING AN ENVIRONMENT THAT IS CONDUCIVE TO THE PRESERVATION4
OF OUR DEMOCRATIC, POLITICAL, AND SOCIAL INSTITUTIONS AND TO THE5
PROTECTION OF CONSUMERS .6
6-4-103. Definitions. A
S USED IN THIS ARTICLE 4, UNLESS THE7
CONTEXT OTHERWISE REQUIRES :8
(1) "C
OMMODITY" INCLUDES ANY OF THE FOLLOWING FOR USE ,9
CONSUMPTION, PRODUCTION, ENJOYMENT, OR RESALE:10
(a) G
OODS;11
(b) M
ERCHANDISE;12
(c) W
ARES;13
(d) P
RODUCE;14
(e) C
HOSE IN ACTION;15
(f) L
AND;16
(g) A
RTICLES OF COMMERCE; OR17
(h) A
NY OTHER TANGIBLE OR INTANGIBLE PROPERTY , INCLUDING18
REAL, PERSONAL, OR MIXED PROPERTY.19
(2) "G
OVERNMENTAL OR PUBLIC ENTITY " MEANS:20
(a) T
HE STATE OR ANY DEPARTMENT , BOARD, AGENCY,21
INSTRUMENTALITY, AUTHORITY, OR COMMISSION OF THE STATE; AND22
(b) A
NY POLITICAL SUBDIVISION OF THE STATE, INCLUDING:23
(I) A
COUNTY, CITY, OR CITY AND COUNTY;24
(II) A
SCHOOL DISTRICT AS DEFINED IN SECTION 22-36-107 (2)(c);25
(III) A
LOCAL IMPROVEMENT DISTRICT AS DEFINED IN SECTION26
32-7-103
(7);27
1192
-4- (IV) A LAW ENFORCEMENT AUTHORITY ;1
(V) A
WATER, SANITATION, FIRE PROTECTION, METROPOLITAN,2
IRRIGATION, DRAINAGE, OR OTHER SPECIAL DISTRICT CREATED PURSUANT3
TO TITLE 32;4
(VI) A
NY OTHER MUNICIPAL , QUASI-MUNICIPAL, OR PUBLIC5
CORPORATION ORGANIZED PURSUANT TO THE STATE CONSTITUTION OR6
OTHER LAW; AND7
(VII) A
NY DEPARTMENT, BOARD, AGENCY, INSTRUMENTALITY,8
AUTHORITY, OR COMMISSION OF A POLITICAL SUBDIVISION OF THE STATE.9
(3) "P
ERSON" INCLUDES AN INDIVIDUAL OR A FIRM, ASSOCIATION,10
ORGANIZATION, BUSINESS TRUST, COMPANY, CORPORATION, JOINT11
VENTURE, PARTNERSHIP, PROPRIETORSHIP, OR OTHER BUSINESS ENTITY,12
WHETHER OR NOT FOR PROFIT , AND ANY GOVERNMENTAL OR PUBLIC13
ENTITY.14
(4) "S
ERVICE" INCLUDES ANY KIND OF ACTIVITY PERFORMED IN15
WHOLE OR IN PART FOR ECONOMIC OR NONECONOMIC BENEFIT .16
(5) "T
RADE OR COMMERCE " MEANS ANY AND ALL ECONOMIC17
ACTIVITY CARRIED ON WHOLLY OR PARTIALLY IN THE STATE THAT18
INVOLVES OR RELATES TO ANY COMMODITY OR SERVICE .19
6-4-104. Illegal restraint of trade or commerce. (1) E
NTERING20
INTO OR ENGAGING IN ANY OF THE FOLLOWING IN RESTRAINT OF TRADE OR21
COMMERCE IS ILLEGAL:22
(a) A
CONTRACT;23
(b) A
COMBINATION IN THE FORM OF A TRUST OR OTHER FORM OF24
COMBINATION; OR25
(c) A
CONSPIRACY.26
6-4-105. Monopolization and attempt to monopolize. I
T IS27
1192
-5- ILLEGAL FOR ANY PERSON TO MONOPOLIZE , ATTEMPT TO MONOPOLIZE, OR1
COMBINE OR CONSPIRE WITH ANY OTHER PERSON TO MONOPOLIZE ANY2
PART OF TRADE OR COMMERCE .3
6-4-106. Bid-rigging. (1) I
T IS ILLEGAL FOR ANY PERSON TO4
CONTRACT, COMBINE, OR CONSPIRE WITH ANY PERSON TO RIG ANY BID, OR5
ANY ASPECT OF THE BIDDING PROCESS , IN ANY WAY RELATED TO THE6
PROVISION OF ANY COMMODITY OR SERVICE .7
(2) F
OR PURPOSES OF THIS SECTION, EACH SEPARATE INSTANCE OF8
BID-RIGGING CONSTITUTES A SEPARATE VIOLATION OF THIS SECTION ,9
REGARDLESS OF WHETHER A SINGLE CONSPIRACY IS FOUND TO EXIST10
ENCOMPASSING MORE THAN ONE SUCH VIOLATION .11
6-4-107. Mergers - acquisitions. (1) I
T IS ILLEGAL FOR ANY12
PERSON ENGAGED IN TRADE OR COMMERCE TO ACQUIRE , DIRECTLY OR13
INDIRECTLY, THE WHOLE OR ANY PART OF THE STOCK , OTHER SHARE14
CAPITAL, OR ASSETS OF ANOTHER PERSON ENGAGED IN TRADE OR15
COMMERCE IF THE EFFECT OF THE ACQUISITION MAY SUBSTANTIALLY16
LESSEN COMPETITION OR TEND TO CREATE A MONOPOLY .17
(2) N
OTHING IN THIS SECTION PROHIBITS ANY PERSON FROM :18
(a) A
CQUIRING STOCK OF ANOTHER PERSON SOLELY FOR19
INVESTMENT PURPOSES, SO LONG AS THE ACQUISITION OF STOCK IS NOT20
USED, BY VOTING OR OTHERWISE, TO BRING ABOUT OR TO ATTEMPT TO21
BRING ABOUT THE SUBSTANTIAL LESSENING OF COMPETITION ; OR22
(b) C
AUSING THE FORMATION OF SUBSIDIARY CORPORATIONS OR23
FROM OWNING AND HOLDING ALL OR ANY PART OF THE STOCK OF A24
SUBSIDIARY CORPORATION.25
(3) T
HE ATTORNEY GENERAL SHALL NOT CHALLENGE THE MERGER26
OR ACQUISITION OF ANY BANK OR BANK HOLDING COMPANY BY OR WITH27
1192
-6- ANY OTHER BANK OR BANK HOLDING COMPANY THAT IS SUBJECT TO THE1
PROVISIONS OF ANY OF THE FEDERAL BANKING LAWS , EXCEPT AS2
SPECIFICALLY PROVIDED IN THOSE FEDERAL BANKING LAWS .3
6-4-108. Facilitating or aiding and abetting. (1) I
T IS4
UNLAWFUL TO FACILITATE OR AID AND ABET ANOTHER PERSON IN5
VIOLATING THIS ARTICLE 4.6
(2) E
ACH SEPARATE INSTANCE OF FACILITATING OR AIDING AND7
ABETTING ANOTHER PERSON IN VIOLATING THIS ARTICLE 4 IS A SEPARATE8
VIOLATION OF THIS ARTICLE 4.9
6-4-109. Exemptions. (1) T
HE LABOR OF AN INDIVIDUAL IS NOT10
A COMMODITY, A SERVICE, OR AN ARTICLE OF TRADE OR COMMERCE .11
(2) N
OTHING IN THIS ARTICLE 4 SHALL BE CONSTRUED TO:12
(a) F
ORBID THE EXISTENCE AND OPERATION OF A LABOR ,13
AGRICULTURAL, OR HORTICULTURAL ORGANIZATION THAT :14
(I) I
S INSTITUTED FOR THE PURPOSE OF PROVIDING MUTUAL HELP15
OR IS ENGAGED IN MAKING COLLECTIVE SALES OR MARKETING FOR ITS16
MEMBERS OR SHAREHOLDERS ;17
(II) D
OES NOT HAVE CAPITAL STOCK; AND18
(III) I
S NOT BEING CONDUCTED FOR PROFIT; OR19
(b) F
ORBID OR RESTRAIN INDIVIDUAL MEMBERS OF A LABOR ,20
AGRICULTURAL, OR HORTICULTURAL ORGANIZATION FROM LAWFULLY21
CARRYING OUT THE LEGITIMATE OBJECTIVES OF THE ORGANIZATION .22
(3) A
PROFESSIONAL REVIEW COMMITTEE CONSTITUTED AND23
CONDUCTING ITS REVIEWS AND ACTIVITIES IN ACCORDANCE WITH THE24
PROVISIONS OF PART 2 OF ARTICLE 30 OF TITLE 12, OR THE MEMBERS OF25
THE PROFESSIONAL REVIEW COMMITTEE , SHALL NOT BE HELD OR26
CONSTRUED TO BE AN ILLEGAL COMBINATION OR CONSPIRACY IN27
1192
-7- RESTRAINT OF TRADE UNDER THIS ARTICLE 4.1
(4) A
NY PERSON, ACTIVITY, OR CONDUCT EXEMPT OR IMMUNE2
UNDER THE LAWS OF THIS STATE OR EXEMPT OR IMMUNE FROM THE3
FEDERAL ANTITRUST LAWS IS EXEMPT OR IMMUNE FROM THIS ARTICLE 44
WITHOUT REGARD TO ANY MONETARY THRESHOLD IMPOSED BY FEDERAL5
LAW; EXCEPT THAT NOTHING IN THIS ARTICLE 4 SHALL BE DEEMED TO6
MODIFY THE SPECIFIC PROVISIONS OF PART 4 OF ARTICLE 4 OF TITLE 10.7
(5) N
OTHING IN THIS ARTICLE 4 PROHIBITS OR SHALL BE8
CONSTRUED TO PROHIBIT THE FORMATION AND OPERATION OF :9
(a) H
EALTH-CARE COVERAGE COOPERATIVES PURSUANT TO PART10
10
OF ARTICLE 16 OF TITLE 10; OR11
(b) P
ROVIDER NETWORKS PURSUANT TO PART 3 OF ARTICLE 18 OF12
THIS TITLE 6.13
6-4-110. Jurisdiction - venue. (1) P
RIMARY JURISDICTION OF14
ANY CAUSE OF ACTION BROUGHT PURSUANT TO THIS ARTICLE 4 IS VESTED15
IN THE DISTRICT COURTS OF THIS STATE.16
(2) A
NY CAUSE OF ACTION BROUGHT PURSUANT TO THIS ARTICLE17
4
MAY BE BROUGHT IN ANY JUDICIAL DISTRICT IN WHICH THE ALLEGED18
VIOLATION OCCURRED, ANY INJURY WAS ALLEGEDLY SUFFERED , OR ANY19
DEFENDANT RESIDES.20
6-4-111. Civil discovery request - rules. (1) W
HEN THE21
ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT ANY22
PERSON HAS ENGAGED IN, IS ENGAGING IN, OR MAY HAVE INFORMATION23
RELATED TO A VIOLATION OF THIS ARTICLE 4 OR OF ANY PROVISION OF THE24
FEDERAL ANTITRUST STATUTES THAT MAY BE ENFORCED BY THE25
ATTORNEY GENERAL, THE ATTORNEY GENERAL MAY :26
(a) R
EQUEST THE PERSON, UNDER OATH OR OTHERWISE AND ON27
1192
-8- FORMS PRESCRIBED BY THE ATTORNEY GENERAL , TO FILE A STATEMENT OR1
REPORT IN WRITING, OR TO ANSWER IN WRITING , ANY QUESTIONS2
PROPOUNDED BY THE ATTORNEY GENERAL AS TO ALL FACTS AND3
CIRCUMSTANCES REASONABLY RELATED TO THE ALLEGED OR POTENTIAL4
VIOLATION AND TO PROVIDE ANY OTHER DATA AND INFORMATION THE5
ATTORNEY GENERAL REASONABLY DEEMS NECESSARY ;6
(b) I
SSUE SUBPOENAS TO REQUIRE THE ATTENDANCE OF WITNESSES7
OR THE PRODUCTION OF RELEVANT DOCUMENTS , ADMINISTER OATHS,8
CONDUCT HEARINGS IN AID OF AN INVESTIGATION OR INQUIRY , AND9
PRESCRIBE FORMS AND ADOPT RULES AS MAY REASONABLY BE DEEMED10
NECESSARY TO ADMINISTER THIS SECTION ; AND11
(c) M
AKE TRUE COPIES, AT THE EXPENSE OF THE ATTORNEY12
GENERAL, OF ANY DOCUMENTS EXAMINED PURSUANT TO SUBSECTION13
(1)(b)
OF THIS SECTION, WHICH COPIES MAY BE OFFERED INTO EVIDENCE14
IN LIEU OF THE ORIGINALS IN ANY CIVIL ACTION BROUGHT PURSUANT TO15
THIS ARTICLE 4. THE PERSON PRODUCING THE DOCUMENTS MAY REQUIRE16
THAT THE ATTORNEY GENERAL MAKE COPIES OF THE DOCUMENTS . IF THE17
ATTORNEY GENERAL DETERMINES THE USE OF ORIGINALS IS NECESSARY ,18
THE ATTORNEY GENERAL SHALL PAY TO HAVE COPIES OF THOSE19
DOCUMENTS MADE FOR USE BY TH E PERSON PRODUCING THE DOCUMENTS .20
(2) S
ERVICE OF ANY REQUEST OR SUBPOENA MUST BE MADE IN THE21
MANNER PRESCRIBED BY LAW .22
(3) A
NY WRITTEN RESPONSE , TESTIMONY, OR DOCUMENTS23
OBTAINED BY THE ATTORNEY GENERAL PURSUANT TO THIS SECTION , OR24
ANY INFORMATION DERIVED DIRECTLY OR INDIRECTLY FROM SUCH25
WRITTEN RESPONSE, TESTIMONY, OR DOCUMENTS, IS NOT ADMISSIBLE IN26
EVIDENCE IN ANY CRIMINAL PROSECUTION AGAINST THE PERSON27
1192
-9- PROVIDING THE WRITTEN RESPONSE , TESTIMONY, OR DOCUMENTS. THE1
PROVISIONS OF THIS SUBSECTION (3) SHALL NOT BE CONSTRUED TO2
PREVENT ANY LAW ENFORCEMENT OFFICER , HAVING AN INDEPENDENT3
BASIS TO PRODUCE OR OBTAIN THE FACTS , INFORMATION, OR EVIDENCE,4
FROM PRODUCING OR OBTAINING THE SAME OR SIMILAR FACTS ,5
INFORMATION, OR EVIDENCE FOR USE IN ANY CRIMINAL PROSECUTION .6
(4) N
OTHING IN THIS SECTION PROHIBITS THE ATTORNEY GENERAL7
FROM DISCLOSING INFORMATION OBTAINED PURSUANT TO THIS SECTION TO8
ANY OTHER LAW ENFORCEMENT AGENCY , DEPARTMENT OF ANY9
GOVERNMENTAL OR PUBLIC ENTITY OF THIS OR ANY OTHER STATE , OR THE10
FEDERAL GOVERNMENT IF SUCH OTHER LAW ENFORCEMENT AGENCY OR11
DEPARTMENT EXECUTES AN AGREEMENT THAT THE INFORMATION WILL12
REMAIN CONFIDENTIAL AND WILL NOT BE USED IN ANY CRIMINAL13
PROSECUTION AGAINST THE PERSON PROVIDING THE WRITTEN RESPONSE ,14
TESTIMONY, OR DOCUMENTS.15
(5) I
F ANY PERSON FAILS TO APPEAR OR FAILS TO COOPERATE WITH16
ANY INVESTIGATION OR INQUIRY PURSUANT TO A REQUEST OR SUBPOENA17
ISSUED PURSUANT TO THIS SECTION, THE ATTORNEY GENERAL MAY APPLY18
TO ANY DISTRICT COURT FOR AN APPROPRIATE ORDER TO EFFECT THE19
PURPOSES OF THIS SECTION. THE APPLICATION MUST STATE THAT THERE20
IS REASONABLE CAUSE TO BELIEVE THAT THE ORDER APPLIED FOR IS21
NECESSARY TO INVESTIGATE, PROSECUTE, OR TERMINATE A VIOLATION OF22
THIS ARTICLE 4. IF THE COURT IS SATISFIED THAT REASONABLE CAUSE23
EXISTS, THE COURT MAY:24
(a) R
EQUIRE THE ATTENDANCE OF , OR THE PRODUCTION OF25
DOCUMENTS BY, THE PERSON, OR BOTH;26
(b) A
SSESS A CIVIL PENALTY OF UP TO FIVE THOUSAND DOLLARS27
1192
-10- FOR THE FAILURE TO APPEAR AND ANSWER QUESTIONS , WRITTEN OR1
OTHERWISE, OR THE FAILURE TO PRODUCE DOCUMENTS , UNLESS THE2
COURT FINDS THAT THE FAILURE TO APPEAR , TO ANSWER QUESTIONS, OR3
TO PRODUCE DOCUMENTS WAS SUBSTANTIALLY JUSTIFIED OR THAT OTHER4
CIRCUMSTANCES MAKE AN ASSESSMENT OF A CIVIL PENALTY UNJUST ;5
(c) A
WARD THE ATTORNEY GENERAL REASONABLE COSTS AND6
ATTORNEY FEES IN MAKING THIS APPLICATION , UNLESS THE COURT FINDS7
THAT THE FAILURE TO APPEAR, TO ANSWER QUESTIONS, OR TO PRODUCE8
DOCUMENTS WAS SUBSTANTIALLY JUSTIFIED OR THAT OTHER9
CIRCUMSTANCES MAKE AN AWARD OF COSTS AND ATTORNEY FEES UNJUST ;10
(d) E
NTER ANY PROTECTIVE ORDER AS PROVIDED FOR IN THE11
C
OLORADO RULES OF CIVIL PROCEDURE ; AND12
(e) G
RANT SUCH OTHER OR FURTHER RELIEF AS MAY BE13
NECESSARY TO OBTAIN COMPLIANCE BY THE PERSON .14
(6) (a) T
HE ATTORNEY GENERAL MAY DEEM ANY INVESTIGATIVE15
RECORDS OR RECORDS REGARDING INTELLIGENCE INFORMATION OBTAINED16
UNDER THIS ARTICLE 4 PUBLIC RECORDS SUBJECT TO PUBLIC INSPECTION17
PURSUANT TO PART 2 OF ARTICLE 72 OF TITLE 24.18
(b)
NOTHING IN THIS SUBSECTION (6) SHALL BE CONSTRUED TO19
PREVENT OR LIMIT THE ATTORNEY GENERAL 'S AUTHORITY TO ISSUE PUBLIC20
STATEMENTS DESCRIBING OR WARNING OF ANY COURSE OF CONDUCT OR21
CONSPIRACY THAT VIOLATES THIS ARTICLE 4, WHETHER THE PUBLIC22
STATEMENTS ARE MADE ON A LOCAL , STATEWIDE, REGIONAL, OR23
NATIONWIDE BASIS.24
25
6-4-112. Enforcement by the attorney general. (1) T
HE26
ATTORNEY GENERAL MAY INSTITUTE ACTIONS OR PROCEEDINGS TO27
1192
-11- PREVENT OR RESTRAIN VIOLATIONS OF THIS ARTICLE 4, INCLUDING1
ACTIONS TO PREVENT OR RESTRAIN UNFAIR METHODS OF COMPETITION IN2
OR AFFECTING COMMERCE .3
(2) T
HE ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON4
BEHALF OF THE STATE OR ANY GOVERNMENTAL OR PUBLIC ENTITY5
INJURED, EITHER DIRECTLY OR INDIRECTLY, IN ITS BUSINESS OR PROPERTY6
BY REASON OF ANY VIOLATION OF THIS ARTICLE 4 AND, IF SUCCESSFUL,7
SHALL RECOVER ANY ACTUAL DAMAGES SUSTAINED BY THE ENTITY . IF THE8
VIOLATION ALLEGED AND PROVED IS DETERMINED BY THE COURT TO BE A9
PER SE VIOLATION OF THIS ARTICLE 4, THE ATTORNEY GENERAL , ON10
BEHALF OF THE ENTITY , MAY RECOVER THREE TIMES THE ACTUAL11
DAMAGES THAT THE ENTITY SUSTAINS .12
(3) (a) T
HE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AS13
PARENS PATRIAE ON BEHALF OF ANY INDIVIDUAL RESIDING WITHIN THE14
STATE WHO IS INJURED, EITHER DIRECTLY OR INDIRECTLY , IN THE15
INDIVIDUAL'S BUSINESS OR PROPERTY BY REASON OF ANY VIOLATION OF16
THIS ARTICLE 4 AND, IF SUCCESSFUL, SHALL RECOVER ANY ACTUAL17
DAMAGES SUSTAINED BY THE INDIVIDUAL . IF THE VIOLATION ALLEGED18
AND PROVED IS DETERMINED BY THE COUR T TO BE A PER SE VIOLATION OF19
THIS ARTICLE 4, THE ATTORNEY GENERAL, ON BEHALF OF THE INDIVIDUAL,20
MAY RECOVER THREE TIMES THE ACTUAL DAMAGES THAT THE INDIVIDUAL21
SUSTAINS.22
(b) I
N ANY PARENS PATRIAE ACTION IN WHICH ACTUAL OR TREBLE23
DAMAGES ARE RECOVERED , THE COURT, IN ITS DISCRETION, MAY24
DETERMINE THAT THE AMOUNT OF DAMAGES RECOVERED IS TOO SMALL TO25
MAKE ANY REFUND TO PARENS GROUP MEMBERS PRACTICABLE . IN THAT26
EVENT, THE COURT MAY DIRECT THE DAMAGES TO BE PAID TO THE27
1192
-12- GENERAL FUND OF THE STATE OR TO SOME OTHER GOVERNMENTAL OR1
PUBLIC ENTITY AS THE COURT DEEMS APPROPRIATE OR MAY REQUIRE THAT2
DAMAGES BE PAID AS REBATES OR PRICE REDUCTIONS TO FUTURE3
CONSUMERS.4
(4) I
N ADDITION TO ANY OTHER REMEDIES PROVIDED IN THIS5
ARTICLE 4, THE ATTORNEY GENERAL MAY REQUEST , AND A COURT MAY6
MAKE, ORDERS OR JUDGMENTS AS MAY BE NECESSARY TO :7
(a) F
ULLY COMPENSATE OR MAKE WHOLE ANY PERSON INJURED ,8
EITHER DIRECTLY OR INDIRECTLY, BY MEANS OF ANY RESTRAINT OF TRADE9
IN VIOLATION OF THIS ARTICLE 4; OR10
(b) P
REVENT ANY UNJUST ENRICHMENT BY ANY PERSON THROUGH11
ANY RESTRAINT OF TRADE IN VIOLATION OF THIS ARTICLE 4.12
(5) I
N ANY ACTION BROUGHT PURSUANT TO THIS ARTICLE 4, THE13
ATTORNEY GENERAL, IF SUCCESSFUL, IS ENTITLED TO RECOVER THE COSTS14
OF INVESTIGATION, EXPERT FEES, COSTS OF THE ACTION, AND REASONABLE15
ATTORNEY FEES.16
6-4-113. Civil penalties. (1) T
HE ATTORNEY GENERAL MAY17
BRING A CIVIL ACTION ON BEHALF OF THE STATE TO SEEK THE IMPOSITION18
OF A CIVIL PENALTY FOR ANY VIOLATION OF THIS ARTICLE 4. THE COURT,19
UPON FINDING A VIOLATION OF THIS ARTICLE 4, SHALL IMPOSE A CIVIL20
PENALTY TO BE PAID TO THE GENERAL FUND OF THE STATE IN AN AMOUNT21
NOT TO EXCEED ONE MILLION DOLLARS FOR EACH SUCH VIOLATION .22
(2) I
N DETERMINING THE AMOUNT OF A CIVIL PENALTY , THE COURT23
SHALL CONSIDER, AMONG OTHER THINGS:24
(a) T
HE NATURE AND EXTENT OF THE VIOLATION ;25
(b) T
HE NUMBER OF CONSUMERS AFFECTED BY THE VIOLATION ;26
(c) W
HETHER THE VIOLATION WAS AN ISOLATED INCIDENT OR A27
1192
-13- CONTINUOUS PATTERN AND PRACTICE OF BEHAVIOR ;1
(d) W
HETHER THE VIOLATION WAS THE RESULT OF WILLFUL2
CONDUCT;3
(e) W
HETHER THE DEFENDANT TOOK AFFIRMATIVE STEPS TO4
CONCEAL SUCH VIOLATIONS; AND5
(f) W
HETHER, GIVEN THE SIZE AND WEALTH OF THE DEFENDANT ,6
THE CIVIL PENALTY WILL BE AN EFFECTIVE DETERRENT AGAINST FUTURE7
VIOLATIONS.8
6-4-114. Enforcement - injunction. (1) A
NY PERSON INJURED,9
EITHER DIRECTLY OR INDIRECTLY , IN ITS BUSINESS OR PROPERTY BY10
REASON OF A VIOLATION OF THIS ARTICLE 4 MAY FILE AN ACTION TO11
PREVENT OR RESTRAIN THE VIOLATION .12
(2) I
N ANY ACTION BROUGHT PURSUANT TO THIS SECTION , THE13
COURT, IN ITS DISCRETION, MAY AWARD THE PREVAILING PARTY ITS14
EXPERT WITNESS FEES, THE COSTS OF THE ACTION, AND REASONABLE15
ATTORNEY FEES.16
6-4-115. Enforcement - civil damages. (1) A
NY PERSON17
INJURED, EITHER DIRECTLY OR INDIRECTLY, IN ITS BUSINESS OR PROPERTY18
BY REASON OF ANY VIOLATION OF THIS ARTICLE 4 MAY SUE AND, IF19
SUCCESSFUL, IS ENTITLED TO RECOVER ANY ACTUAL DAMAGES THAT THE20
PERSON SUSTAINED. IF THE VIOLATION ALLEGED AND PROVED IS21
DETERMINED BY THE COURT TO BE A PER SE VIOLATION OF THIS ARTICLE22
4,
THE PERSON MAY RECOVER THREE TIMES THE ACTUAL DAMAGES THAT23
THE PERSON SUSTAINS.24
(2) I
N ANY ACTION BROUGHT PURSUANT TO THIS SECTION , THE25
COURT, IN ITS DISCRETION, MAY AWARD THE PREVAILING PARTY ITS26
EXPERT FEES, THE COSTS OF THE ACTION, AND REASONABLE ATTORNEY27
1192
-14- FEES.1
(3) N
O DAMAGES, COSTS, EXPERT FEES, COSTS OF INVESTIGATION,2
CIVIL PENALTIES, OR ATTORNEY FEES MAY BE RECOVERED FROM :3
(a) A
GOVERNMENTAL OR PUBLIC ENTITY ;4
(b) A
NY OFFICIAL, AGENT, OR EMPLOYEE OF A GOVERNMENTAL OR5
PUBLIC ENTITY ACTING IN AN OFFICIAL CAPACITY; OR6
(c) A
NY PERSON BASED ON ANY OFFICIAL ACTION DIRECTED BY A7
GOVERNMENTAL OR PUBLIC ENTITY .8
6-4-116. Notice to the attorney general. A
NY PERSON THAT FILES9
A CIVIL ACTION THAT INCLUDES ANY ALLEGATION OF A VIOLATION OF THIS10
ARTICLE 4 SHALL, SIMULTANEOUSLY WITH THE FILING OF THE ACTION IN11
DISTRICT COURT, SERVE A COPY OF THE COMPLAINT ON THE ATTORNEY12
GENERAL.13
6-4-117. Computation of damages. I
N ANY ACTION BROUGHT14
PURSUANT TO SECTION 6-4-112 OR 6-4-115, THE AMOUNT OF DAMAGES15
MAY BE CALCULATED AND ASSESSED IN THE AGGREGATE BY STATISTICAL16
OR SAMPLING METHODS , BY THE COMPUTATION OF ILLEGAL17
OVERCHARGES, OR BY SUCH OTHER REASONABLE SYSTEM OF ESTIMATING18
AGGREGATE DAMAGES AS THE COURT IN ITS DISCRETION MAY PERMIT19
WITHOUT REQUIRING SEPARATE PROOF OF ANY INDIVIDUAL CLAIM OF , OR20
AMOUNT OF DAMAGES TO , EACH PERSON ON WHOSE BEHALF THE ACTION21
WAS BROUGHT.22
6-4-118. Enforcement - criminal proceedings. (1) T
HE23
ATTORNEY GENERAL SHALL PROSECUTE ALL CRIMINAL PROCEEDINGS FOR24
VIOLATIONS OF THIS ARTICLE 4, WHETHER BY INDICTMENT OR DIRECT25
INFORMATION FILED IN THE APPROPRIATE DISTRICT COURT .26
(2) A
NY INDIVIDUAL WHO VIOLATES SECTION 6-4-104, 6-4-105, OR27
1192
-15- 6-4-106 COMMITS A CLASS 5 FELONY AND SHALL BE PUNISHED AS1
PROVIDED IN SECTION 18-1.3-401.2
(3) A
NY PERSON, OTHER THAN AN INDIVIDUAL OR A3
GOVERNMENTAL OR PUBLIC ENTITY , THAT VIOLATES SECTION 6-4-104,4
6-4-105,
OR 6-4-106 IS GUILTY OF A FELONY AND, UPON CONVICTION5
THEREOF, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN FIVE MILLION6
DOLLARS.7
6-4-119. Statute of limitations. (1)
ANY CIVIL ACTION8
COMMENCED PURSUANT TO THIS ARTICLE 4 MUST BE BROUGHT WITHIN9
FOUR YEARS AFTER THE DATE THAT THE CAUSE OF ACTION ACCRUED . FOR10
PURPOSES OF THIS ARTICLE 4, A CAUSE OF ACTION ACCRUES:11
(a) W
HEN THE CIRCUMSTANCES GIVING RISE TO THE CAUSE OF12
ACTION ARE DISCOVERED OR SHOULD HAVE BEEN DISCOVERED IN THE13
EXERCISE OF REASONABLE DILIGENCE ; OR14
(b) O
N THE DATE THAT THE LAST IN A SERIES OF ACTS OR15
PRACTICES IN VIOLATION OF THIS ARTICLE 4 OCCURRED, INCLUDING ANY16
ACQUISITIONS OR SERIES OF ACQUISITIONS THAT, IN THE AGGREGATE, MAY17
CONSTITUTE A VIOLATION OF THIS ARTICLE 4.18
(2) A
NY CRIMINAL PROCEEDING BROUGHT PURSUANT TO THIS19
ARTICLE 4 MUST BE COMMENCED WITHIN SIX YEARS AFTER THE ALLEGED20
CRIMINAL ACT OCCURRED.21
(3) I
F THE ATTORNEY GENERAL COMMENCES A PROCEEDING OR22
ACTION FOR ANY VIOLATION OF THIS ARTICLE 4, THE RUNNING OF THE23
STATUTE OF LIMITATIONS WITH RESPECT TO EVERY CAUSE OF ACTION THAT24
IS BASED IN WHOLE OR IN PART ON ANY MATTER COMPLAINED OF IN THE25
PROCEEDING OR ACTION IS SUSPENDED DURING THE PENDENCY OF THE26
PROCEEDING OR ACTION AND FOR ONE YEAR AFTER THE CONCLUSION OF27
1192
-16- THE PROCEEDING OR ACTION.1
(4) W
HENEVER ANY CIVIL OR CRIMINAL PROCEEDING IS BROUGHT2
BY THE UNITED STATES TO PREVENT, RESTRAIN, OR PUNISH VIOLATIONS3
OF ANY FEDERAL ANTITRUST LAWS , THE RUNNING OF THE STATUTE OF4
LIMITATIONS WITH RESPECT TO ANY ACTION UNDER THIS ARTICLE 4 THAT5
IS BASED IN WHOLE OR IN PART ON ANY MATTER COMPLAINED OF IN THE6
FEDERAL PROCEEDING IS SUSPENDED DURING THE PENDENCY OF THE7
FEDERAL PROCEEDING AND FOR ONE YEAR AFTER THE CONCLUSION OF THE8
FEDERAL PROCEEDING.9 (5) EXCEPT AS EXPRESSLY PROVIDED IN SUBSECTIONS (1) AND (2)10
OF THIS SECTION, NO OTHER LIMITATION TERMINATES THE PERIOD WITHIN11
WHICH THE ATTORNEY GENERAL MAY FILE AN ACTION FOR A VIOLATION OF12
THIS ARTICLE 4.13
6-4-120. Remedies - cumulative. T
HE REMEDIES PROVIDED IN14
THIS ARTICLE 4 ARE CUMULATIVE EXCEPT AS OTHERWISE EXPRESSLY15
LIMITED.16
6-4-121. Void contracts - refund. (1) A
NY CONTRACT OR17
AGREEMENT THAT A PERSON MAKES WHILE A MEMBER OF ANY18
COMBINATION, CONSPIRACY, TRUST, OR POOL PROHIBITED UNDER THIS19
ARTICLE 4 THAT IS FOUNDED UPON, IS THE RESULT OF, GROWS OUT OF, OR20
IS CONNECTED WITH ANY VIOLATION OF THIS ARTICLE 4, EITHER DIRECTLY21
OR INDIRECTLY, IS VOID, AND THE PERSON MAY NOT RECOVER BASED ON22
OR BENEFIT FROM THE CONTRACT OR AGREEMENT .23
(2) A
NY PAYMENTS MADE UPON , UNDER, OR PURSUANT TO A24
CONTRACT OR AGREEMENT FOR THE BENEFIT OF A PERSON THAT IS A25
MEMBER OF ANY COMBINATION , CONSPIRACY, TRUST, OR POOL PROHIBITED26
UNDER THIS ARTICLE 4 MAY BE RECOVERED IN AN ACTION BROUGHT BY27
1192
-17- THE PARTY MAKING THE PAYMENTS OR BY THE PARTY 'S HEIRS, PERSONAL1
REPRESENTATIVES, OR ASSIGNS.2
6-4-122. Severability. I
F ANY PROVISION OF THIS ARTICLE 4 OR3
THE APPLICATION OF THIS ARTICLE 4 TO ANY PERSON OR CIRCUMSTANCES4
IS HELD INVALID, THAT INVALIDITY DOES NOT AFFECT OTHER PROVISIONS5
OR APPLICATIONS OF THIS ARTICLE 4 THAT CAN BE GIVEN EFFECT WITHOUT6
THE INVALID PROVISION OR APPLICATION.7
SECTION 3.
In Colorado Revised Statutes, 24-21-626, amend8
(1) as follows:9
24-21-626. Unfair trade practices. (1) The provisions of the10
"Unfair Practices Act", article 2 of title 6, and the "Colorado S
TATE11
Antitrust Act of 1992
2023", article 4 of title 6, are specifically applicable12
to charitable gaming activities conducted by any licensee. Within thirty13
days after receiving a complaint alleging a violation of either of said THE14
acts, the licensing authority shall transmit such THE complaint to the15
attorney general.16
SECTION 4. In Colorado Revised Statutes, 24-31-101, amend17
(1)(i)(I) as follows:18
24-31-101. Powers and duties of attorney general. (1) The19
attorney general:20
(i) May independently initiate and bring civil and criminal actions21
to enforce state laws, including actions brought pursuant to:22
(I) The "Colorado Antitrust Act of 1992"
OR THE "COLORADO23
S
TATE ANTITRUST ACT OF 2023", article 4 of title 6;24
SECTION 5.
In Colorado Revised Statutes, amend 25-17-410 as25
follows:26
25-17-410. Limited exemption from antitrust, restraint of27
1192
-18- trade, and unfair trade practices provisions. If a producer or group of1
producers participating in a paint stewardship program or a stewardship2
organization contracted by one or more producers to implement a paint3
stewardship program engages in an activity performed solely in4
furtherance of implementing the paint stewardship program and in5
compliance with the provisions of this part 4, the activity is not a6
violation of the antitrust, restraint of trade, and unfair trade practices7
provisions of the "Unfair Practices Act", article 2 of title 6, C.R.S., or the8
"Colorado S
TATE Antitrust Act of 1992
2023", article 4 of title 6. C.R.S.9
SECTION 6. In Colorado Revised Statutes, amend 25-17-711 as10
follows:11
25-17-711. Limited exemption from antitrust, restraint of12
trade, and unfair trade practices provisions. If the program or any13
other plan approved by the executive director pursuant to this part 714
engages in an activity performed solely in furtherance of implementing15
the program or plan and in compliance with this part 7, the activity is not16
a violation of the antitrust, restraint of trade, and unfair trade practices17
provisions of the "Unfair Practices Act", article 2 of title 6, or the18
"Colorado S
TATE Antitrust Act of 1992
2023", article 4 of title 6.19
SECTION 7. Applicability. This act applies to conduct occurring20
on or after the effective date of this act.21
SECTION 8. Safety clause. The general assembly hereby finds,22
determines, and declares that this act is necessary for the immediate23
preservation of the public peace, health, or safety.24
1192
-19-