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February 22, 2023 HB 23-1192
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0462
Rep. Weissman
Sen. Gonzales; Rodriguez
Date:
Bill Status:
Fiscal Analyst:
February 22, 2023
House Judiciary
Kristine McLaughlin | 303-866-4776
kristine.mclaughlin@coleg.gov
Bill Topic: ADDITIONAL PROTECTIONS IN CONSUMER CODE
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill repeals and reenacts the “Colorado Antitrust Act of 1992” as the “Colorado
State Antitrust Act of 2023” and makes several changes. The bill increases state
revenue and state and local expenditures on an ongoing basis.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
The bill repeals and reenacts the “Colorado Antitrust Act of 1992” as the “Colorado State Antitrust
Act of 2023” and makes several changes. Among other changes, the bill:
makes facilitating or aiding another person’s anti-trust violation a violation of the act;
allows the Attorney General to deem investigative records available to public inspection and issue
public statements and warnings;
allows for additional remedies to fully compensate injured parties;
changes maximum civil penalty from $250,000 to $1.0 million per violation;
changes maximum criminal penalty from $1.0 million to $5.0 million; and
clarifies the statute of limitations for violations and exempts the Attorney General from the statute
of limitations.
Additionally, the bill makes several changes to the definition of “unfair or deceptive trade practice,”
including:
removing references to the mental state of the violator,
adding contract terms that are substantially unconscionable or void against public policy; Page 2
February 22, 2023 HB 23-1192
establishing that evidence of a violation constitutes significant impacts to the public;,
amending the definition of "recklessly" to mean without regard to consequences or to the rights,
interests, or safety of others; and
for violations of price gouging, extends the disaster period during which a violation may have
occurred from 180 days after the disaster declaration to 180 days after the disaster declaration
expires.
State Revenue
Civil and criminal penalties. The bill increases the maximum allowable penalty for a civil violation
to $1 million per violation and increases the maximum allowable penalty for a criminal violation to
$5 million for specified violations. Revenue from these penalties is credited to the General Fund,
classified as a damage award, and not subject to TABOR. Given the uncertainty about the number of
cases that may be pursued by the Attorney General and district attorneys, as well as the wide range
in potential penalty amounts, the fiscal note cannot estimate the potential impact of these penalties.
For informational purposes, the Department of Law has received 29 penalty payments over the past
three fiscal years, totaling $37,289 with an average penalty payment of $1,286.
Filing fees. The bill may increase cash fund revenue to the Judicial Department from an increase in
civil case filings. Revenue from filing fees is subject to TABOR.
State Expenditures
The bill increases the workload for the Department of Law and Judicial Department, as discussed
below.
Department of Law. Workload in the Department of Law will minimally increase to the extent that
more deceptive trade practice complaints are filed. The department will review complaints under the
bill and prioritize investigations as necessary within the overall number of deceptive trade practice
complaints and available resources.
Judicial Department. The trial courts in the Judicial Department may have an increase in cases filed
under the Colorado Consumer Protection Act from the changes to deceptive trade practices, allowance
for injunctive relief actions, and allowance for the Attorney General to file an action to enforce
subpoenas. The fiscal note assumes that this can be accomplished within existing resources and that
no change in appropriations is required.
Local Government
Similar to the state, to the extent district attorneys receive deceptive trade practice complaints,
workload will increase to investigate complaints and seek relief when appropriate. It is assumed most
such cases will be handled at the state level by the Attorney General.
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February 22, 2023 HB 23-1192
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature. It
applies to conduct occurring on or after the effective date of the bill.
State and Local Government Contacts
Judicial Law Regulatory Agencies
Secretary of State
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.