Colorado 2023 Regular Session

Colorado House Bill HB1192 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0462.01 Jennifer Berman x3286
1	8		HOUSE BILL 23-1192
2		-	BY REPRESENTATIVE(S) Weissman, Amabile, Bacon, Boesenecker,
3		-	Brown, deGruy Kennedy, Dickson, Duran, English, Epps, Garcia,
4		-	Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Kipp, Lindsay, Mabrey,
5		-	Mauro, McCormick, Michaelson Jenet, Parenti, Sharbini, Sirota, Story,
6		-	Titone, Vigil, Woodrow, Joseph, Lieder, McLachlan, McCluskie;
7		-	also SENATOR(S) Gonzales and Rodriguez, Buckner, Coleman, Cutter,
8		-	Exum, Hinrichsen, Jaquez Lewis, Kolker, Marchman, Priola, Sullivan,
9		-	Winter F., Fenberg.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
10	12		C
11		-	ONCERNING THE CREATION OF ADDITIONAL PROTECTIONS IN THE
12		-	CONSUMER CODE
13		-	.
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, 6-1-730, amend (5)(f)
16		-	as follows:
17		-	6-1-730. Price gouging during declared disaster prohibited -
18		-	deceptive trade practice - legislative declaration - definitions. (5) As
19		-	used in this section:
20		-	(f) "Disaster period" means the date a disaster declaration begins
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. and continuing for one hundred eighty days after the date THAT the FINAL
29		-	disaster declaration begins CONCERNING THE DISASTER EXPIRES .
30		-	SECTION 2. In Colorado Revised Statutes, repeal and reenact,
31		-	with amendments, article 4 of title 6 as follows:
32		-	ARTICLE 4
33		-	Colorado State Antitrust Act of 2023
	13	+	ONCERNING THE CREATION OF ADDI TIONAL PROTECTIONS IN THE101
	14	+	CONSUMER CODE.102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Section 1 of the bill:
	23	+	! Removes the knowingly or recklessly mental state from the
	24	+	general unfair or deceptive trade practice provision
	25	+	concerning an unfair, unconscionable, deceptive,
	26	+	deliberately misleading, false, or fraudulent act or practice;
	27	+	! Establishes as a deceptive trade practice the act of
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	May 3, 2023
	31	+	SENATE
	32	+	Amended 2nd Reading
	33	+	May 2, 2023
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	March 7, 2023
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	March 6, 2023
	40	+	HOUSE SPONSORSHIP
	41	+	Weissman, Amabile, Bacon, Boesenecker, Brown, deGruy Kennedy, Dickson, Duran,
	42	+	English, Epps, Garcia, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Kipp, Lindsay, Mabrey,
	43	+	Mauro, McCormick, Michaelson Jenet, Parenti, Sharbini, Sirota, Story, Titone, Vigil,
	44	+	Woodrow
	45	+	SENATE SPONSORSHIP
	46	+	Gonzales and Rodriguez, Buckner, Coleman, Cutter, Exum, Fenberg, Hinrichsen, Jaquez
	47	+	Lewis, Kolker, Marchman, Priola, Sullivan, Winter F.
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. including in a contract offered to or entered into with a
	51	+	consumer a term that is substantially unconscionable or
	52	+	void as against public policy;
	53	+	! Establishes that evidence that a person has engaged in an
	54	+	unfair or deceptive trade practice constitutes a significant
	55	+	impact to the public; and
	56	+	! Amends the definition of "recklessly" with regard to unfair
	57	+	or deceptive trade practices to mean without regard to
	58	+	consequences or to the rights, interests, or safety of others.
	59	+	Under current law, a person commits an unfair and unconscionable
	60	+	act or practice if the person engages in price gouging with regard to the
	61	+	sale or provision of certain goods or services during, and for a certain
	62	+	period after, a declared emergency disaster (disaster period). Section 2
	63	+	extends the disaster period from 180 days after the first declaration of the
	64	+	disaster to 180 days after the final declaration concerning the disaster
	65	+	expires.
	66	+	Section 3 repeals and reenacts the "Colorado Antitrust Act of
	67	+	1992" as the "Colorado State Antitrust Act of 2023" (act) and:
	68	+	! Establishes that the facilitation or aiding and abetting of
	69	+	another person's violation of the act is itself a violation of
	70	+	the act;
	71	+	! Authorizes the attorney general (AG) to request discovery
	72	+	from any person that the AG believes may in the future
	73	+	engage in, or has information related to, a violation of the
	74	+	act;
	75	+	! Authorizes the AG to deem investigatory or intelligence
	76	+	records related to the act available for public inspection,
	77	+	but allows the AG to issue public statements or warnings
	78	+	regarding conduct forming the basis of the investigatory or
	79	+	intelligence records without waiving the AG's authority not
	80	+	to deem the records available for public inspection;
	81	+	! Authorizes a court, upon request of the AG, to compensate
	82	+	a person that has been injured from a violation of the act as
	83	+	part of a civil action that the AG brings on behalf of the
	84	+	person;
	85	+	! Increases the maximum civil penalty that a court may
	86	+	award for a violation of the act from $250,000 to
	87	+	$1,000,000 per violation; and
	88	+	! With regard to the statute of limitations for commencing a
	89	+	civil action under the act:
	90	+	! Clarifies that a cause of action accrues on the date
	91	+	of the last in a series of acts or practices that, in the
	92	+	aggregate, constitute a violation of the act;
	93	+	! Tolls the statute of limitations for any civil action
	94	+	pertaining to an alleged violation of the act during
	95	+	1192
	96	+	-2- the pendency of a federal proceeding regarding the
	97	+	conduct forming the basis of the alleged violation of
	98	+	the act; and
	99	+	! Exempts the AG from the statute of limitations.
	100	+	Be it enacted by the General Assembly of the State of Colorado:1
	101	+
	102	+
	103	+	2
	104	+	SECTION 1. In Colorado Revised Statutes, 6-1-730, amend3
	105	+	(5)(f) as follows:4
	106	+	6-1-730. Price gouging during declared disaster prohibited -5
	107	+	deceptive trade practice - legislative declaration - definitions. (5) As6
	108	+	used in this section:7
	109	+	(f) "Disaster period" means the date a disaster declaration begins8
	110	+	and continuing for one hundred eighty days after the date
	111	+	THAT the FINAL9
	112	+	disaster declaration begins
	113	+	CONCERNING THE DISASTER EXPIRES .10
	114	+	SECTION 2. In Colorado Revised Statutes, repeal and reenact,11
	115	+	with amendments, article 4 of title 6 as follows:12
	116	+	ARTICLE 413
	117	+	Colorado State Antitrust Act of 202314
34	118		6-4-101. Short title. T
35		-	HE SHORT TITLE OF THIS ARTICLE 4 IS THE
36		-	"COLORADO STATE ANTITRUST ACT OF 2023".
	119	+	HE SHORT TITLE OF THIS ARTICLE 4 IS THE15
	120	+	"C
	121	+	OLORADO STATE ANTITRUST ACT OF 2023".16
37	122		6-4-102. Legislative declaration. (1) T
38		-	HE GENERAL ASSEMBLY
39		-	FINDS AND DECLARES THAT
40		-	:
	123	+	HE GENERAL ASSEMBLY17
	124	+	FINDS AND DECLARES THAT:18
41	125		(a) C
42		-	OMPETITION IS FUNDAMENTAL TO :
	126	+	OMPETITION IS FUNDAMENTAL TO :19
43	127		(I) T
44		-	HE FREE MARKET SYSTEM; AND
45		-	(II) A HEALTHY MARKETPLACE THAT PROTECTS WORKERS AND
46		-	CONSUMERS
47		-	; AND
48		-	(b) THE UNRESTRAINED AND FAIR INTERACTION OF COMPETITIVE
49		-	FORCES WILL YIELD THE BEST ALLOCATION OF OUR ECONOMIC RESOURCES
50		-	,
51		-	THE LOWEST PRICES, THE HIGHEST QUALITY COMMODITIES AND SERVICES ,
52		-	AND THE GREATEST MATERIAL PROGRESS WHILE AT THE SAME TIME
53		-	PROVIDING AN ENVIRONMENT THAT IS CONDUCIVE TO THE PRESERVATION OF
54		-	OUR DEMOCRATIC
55		-	, POLITICAL, AND SOCIAL INSTITUTIONS AND TO THE
56		-	PROTECTION OF CONSUMERS
57		-	.
	128	+	HE FREE MARKET SYSTEM; AND20
	129	+	(II) A
	130	+	HEALTHY MARKETPLACE THAT PROTECTS WORKERS AND21
	131	+	CONSUMERS; AND22
	132	+	(b) T
	133	+	HE UNRESTRAINED AND FAIR INTERACTION OF COMPETITIVE23
	134	+	1192-3- FORCES WILL YIELD THE BEST ALLOCATION OF OUR ECONOMIC RESOURCES ,1
	135	+	THE LOWEST PRICES, THE HIGHEST QUALITY COMMODITIES AND SERVICES ,2
	136	+	AND THE GREATEST MATERIAL PROGRESS WHILE AT THE SAME TIME3
	137	+	PROVIDING AN ENVIRONMENT THAT IS CONDUCIVE TO THE PRESERVATION4
	138	+	OF OUR DEMOCRATIC, POLITICAL, AND SOCIAL INSTITUTIONS AND TO THE5
	139	+	PROTECTION OF CONSUMERS .6
58	140		6-4-103. Definitions. A
59		-	S USED IN THIS ARTICLE 4, UNLESS THE
60		-	CONTEXT OTHERWISE REQUIRES
61		-	:
	141	+	S USED IN THIS ARTICLE 4, UNLESS THE7
	142	+	CONTEXT OTHERWISE REQUIRES :8
62	143		(1) "C
63		-	OMMODITY" INCLUDES ANY OF THE FOLLOWING FOR USE ,
64		-	CONSUMPTION, PRODUCTION, ENJOYMENT, OR RESALE:
	144	+	OMMODITY" INCLUDES ANY OF THE FOLLOWING FOR USE ,9
	145	+	CONSUMPTION, PRODUCTION, ENJOYMENT, OR RESALE:10
65	146		(a) G
66		-	OODS;
	147	+	OODS;11
67	148		(b) M
68		-	ERCHANDISE;
69		-	PAGE 2-HOUSE BILL 23-1192 (c) WARES;
	149	+	ERCHANDISE;12
	150	+	(c) W
	151	+	ARES;13
70	152		(d) P
71		-	RODUCE;
	153	+	RODUCE;14
72	154		(e) C
73		-	HOSE IN ACTION;
	155	+	HOSE IN ACTION;15
74	156		(f) L
75		-	AND;
	157	+	AND;16
76	158		(g) A
77		-	RTICLES OF COMMERCE; OR
78		-	(h) ~~ANY OTHER TANGIBLE OR INTANGIBLE PROPERTY , INCLUDING~~
79		-	~~REAL~~
80		-	, PERSONAL, OR MIXED PROPERTY.
	159	+	RTICLES OF COMMERCE; OR17
	160	+	(h) A
	161	+	NY OTHER TANGIBLE OR INTANGIBLE PROPERTY , INCLUDING18
	162	+	REAL, PERSONAL, OR MIXED PROPERTY.19
81	163		(2) "G
82		-	OVERNMENTAL OR PUBLIC ENTITY " MEANS:
	164	+	OVERNMENTAL OR PUBLIC ENTITY " MEANS:20
83	165		(a) T
84		-	HE STATE OR ANY DEPARTMENT , BOARD, AGENCY,
85		-	INSTRUMENTALITY, AUTHORITY, OR COMMISSION OF THE STATE; AND
86		-	(b) ANY POLITICAL SUBDIVISION OF THE STATE, INCLUDING:
	166	+	HE STATE OR ANY DEPARTMENT , BOARD, AGENCY,21
	167	+	INSTRUMENTALITY, AUTHORITY, OR COMMISSION OF THE STATE; AND22
	168	+	(b) A
	169	+	NY POLITICAL SUBDIVISION OF THE STATE, INCLUDING:23
87	170		(I) A
88		-	COUNTY, CITY, OR CITY AND COUNTY;
	171	+	COUNTY, CITY, OR CITY AND COUNTY;24
89	172		(II) A
90		-	SCHOOL DISTRICT AS DEFINED IN SECTION 22-36-107 (2)(c);
	173	+	SCHOOL DISTRICT AS DEFINED IN SECTION 22-36-107 (2)(c);25
91	174		(III) A
92		-	LOCAL IMPROVEMENT DISTRICT AS DEFINED IN SECTION
93		-	32-7-103 (7);
94		-	(IV) A
95		-	LAW ENFORCEMENT AUTHORITY ;
	175	+	LOCAL IMPROVEMENT DISTRICT AS DEFINED IN SECTION26
	176	+	32-7-103
	177	+	(7);27
	178	+	1192
	179	+	-4- (IV) A LAW ENFORCEMENT AUTHORITY ;1
96	180		(V) A
97		-	WATER, SANITATION, FIRE PROTECTION, METROPOLITAN,
98		-	IRRIGATION, DRAINAGE, OR OTHER SPECIAL DISTRICT CREATED PURSUANT TO
99		-	TITLE
100		-	32;
	181	+	WATER, SANITATION, FIRE PROTECTION, METROPOLITAN,2
	182	+	IRRIGATION, DRAINAGE, OR OTHER SPECIAL DISTRICT CREATED PURSUANT3
	183	+	TO TITLE 32;4
101	184		(VI) A
102		-	NY OTHER MUNICIPAL , QUASI-MUNICIPAL, OR PUBLIC
103		-	CORPORATION ORGANIZED PURSUANT TO THE STATE CONSTITUTION OR
104		-	OTHER LAW
105		-	; AND
106		-	(VII) ANY DEPARTMENT, BOARD, AGENCY, INSTRUMENTALITY,
107		-	AUTHORITY, OR COMMISSION OF A POLITICAL SUBDIVISION OF THE STATE .
108		-	PAGE 3-HOUSE BILL 23-1192 (3) "PERSON" INCLUDES AN INDIVIDUAL OR A FIRM, ASSOCIATION,
109		-	ORGANIZATION, BUSINESS TRUST, COMPANY, CORPORATION, JOINT VENTURE,
110		-	PARTNERSHIP, PROPRIETORSHIP, OR OTHER BUSINESS ENTITY, WHETHER OR
111		-	NOT FOR PROFIT
112		-	, AND ANY GOVERNMENTAL OR PUBLIC ENTITY .
	185	+	NY OTHER MUNICIPAL , QUASI-MUNICIPAL, OR PUBLIC5
	186	+	CORPORATION ORGANIZED PURSUANT TO THE STATE CONSTITUTION OR6
	187	+	OTHER LAW; AND7
	188	+	(VII) A
	189	+	NY DEPARTMENT, BOARD, AGENCY, INSTRUMENTALITY,8
	190	+	AUTHORITY, OR COMMISSION OF A POLITICAL SUBDIVISION OF THE STATE.9
	191	+	(3) "P
	192	+	ERSON" INCLUDES AN INDIVIDUAL OR A FIRM, ASSOCIATION,10
	193	+	ORGANIZATION, BUSINESS TRUST, COMPANY, CORPORATION, JOINT11
	194	+	VENTURE, PARTNERSHIP, PROPRIETORSHIP, OR OTHER BUSINESS ENTITY,12
	195	+	WHETHER OR NOT FOR PROFIT , AND ANY GOVERNMENTAL OR PUBLIC13
	196	+	ENTITY.14
113	197		(4) "S
114		-	ERVICE" INCLUDES ANY KIND OF ACTIVITY PERFORMED IN
115		-	WHOLE OR IN PART FOR ECONOMIC OR NONECONOMIC BENEFIT
116		-	.
	198	+	ERVICE" INCLUDES ANY KIND OF ACTIVITY PERFORMED IN15
	199	+	WHOLE OR IN PART FOR ECONOMIC OR NONECONOMIC BENEFIT .16
117	200		(5) "T
118		-	RADE OR COMMERCE " MEANS ANY AND ALL ECONOMIC
119		-	ACTIVITY CARRIED ON WHOLLY OR PARTIALLY IN THE STATE THAT INVOLVES
120		-	OR RELATES TO ANY COMMODITY OR SERVICE
121		-	.
	201	+	RADE OR COMMERCE " MEANS ANY AND ALL ECONOMIC17
	202	+	ACTIVITY CARRIED ON WHOLLY OR PARTIALLY IN THE STATE THAT18
	203	+	INVOLVES OR RELATES TO ANY COMMODITY OR SERVICE .19
122	204		6-4-104. Illegal restraint of trade or commerce. (1) E
123		-	NTERING
124		-	INTO OR ENGAGING IN ANY OF THE FOLLOWING IN RESTRAINT OF TRADE OR
125		-	COMMERCE IS ILLEGAL
126		-	:
	205	+	NTERING20
	206	+	INTO OR ENGAGING IN ANY OF THE FOLLOWING IN RESTRAINT OF TRADE OR21
	207	+	COMMERCE IS ILLEGAL:22
127	208		(a) A
128		-	CONTRACT;
	209	+	CONTRACT;23
129	210		(b) A
130		-	COMBINATION IN THE FORM OF A TRUST OR OTHER FORM OF
131		-	COMBINATION
132		-	~~; OR~~
133		-	~~(c) A~~ CONSPIRACY.
	211	+	COMBINATION IN THE FORM OF A TRUST OR OTHER FORM OF24
	212	+	COMBINATION; OR25
	213	+	(c) A
	214	+	CONSPIRACY.26
134	215		6-4-105. Monopolization and attempt to monopolize. I
135		-	T IS
136		-	ILLEGAL FOR ANY PERSON TO MONOPOLIZE
137		-	, ATTEMPT TO MONOPOLIZE, OR
138		-	COMBINE OR CONSPIRE WITH ANY OTHER PERSON TO MONOPOLIZE ANY PART
139		-	OF TRADE OR COMMERCE
140		-	.
	216	+	T IS27
	217	+	1192
	218	+	-5- ILLEGAL FOR ANY PERSON TO MONOPOLIZE , ATTEMPT TO MONOPOLIZE, OR1
	219	+	COMBINE OR CONSPIRE WITH ANY OTHER PERSON TO MONOPOLIZE ANY2
	220	+	PART OF TRADE OR COMMERCE .3
141	221		6-4-106. Bid-rigging. (1) I
142		-	T IS ILLEGAL FOR ANY PERSON TO
143		-	CONTRACT
144		-	, COMBINE, OR CONSPIRE WITH ANY PERSON TO RIG ANY BID , OR
145		-	ANY ASPECT OF THE BIDDING PROCESS
146		-	, IN ANY WAY RELATED TO THE
147		-	PROVISION OF ANY COMMODITY OR SERVICE
148		-	.
	222	+	T IS ILLEGAL FOR ANY PERSON TO4
	223	+	CONTRACT, COMBINE, OR CONSPIRE WITH ANY PERSON TO RIG ANY BID, OR5
	224	+	ANY ASPECT OF THE BIDDING PROCESS , IN ANY WAY RELATED TO THE6
	225	+	PROVISION OF ANY COMMODITY OR SERVICE .7
149	226		(2) F
150		-	OR PURPOSES OF THIS SECTION, EACH SEPARATE INSTANCE OF
151		-	BID
152		-	-RIGGING CONSTITUTES A SEPARATE VIOLATION OF THIS SECTION ,
153		-	REGARDLESS OF WHETHER A SINGLE CONSPIRACY IS FOUND TO EXIST
154		-	ENCOMPASSING MORE THAN ONE SUCH VIOLATION
155		-	.
	227	+	OR PURPOSES OF THIS SECTION, EACH SEPARATE INSTANCE OF8
	228	+	BID-RIGGING CONSTITUTES A SEPARATE VIOLATION OF THIS SECTION ,9
	229	+	REGARDLESS OF WHETHER A SINGLE CONSPIRACY IS FOUND TO EXIST10
	230	+	ENCOMPASSING MORE THAN ONE SUCH VIOLATION .11
156	231		6-4-107. Mergers - acquisitions. (1) I
157		-	T IS ILLEGAL FOR ANY PERSON
158		-	ENGAGED IN TRADE OR COMMERCE TO ACQUIRE
159		-	, DIRECTLY OR INDIRECTLY,
160		-	PAGE 4-HOUSE BILL 23-1192 THE WHOLE OR ANY PART OF THE STOCK , OTHER SHARE CAPITAL, OR ASSETS
161		-	OF ANOTHER PERSON ENGAGED IN TRADE OR COMMERCE IF THE EFFECT OF
162		-	THE ACQUISITION MAY SUBSTANTIALLY LESSEN COMPETITION OR TEND TO
163		-	CREATE A MONOPOLY
164		-	.
	232	+	T IS ILLEGAL FOR ANY12
	233	+	PERSON ENGAGED IN TRADE OR COMMERCE TO ACQUIRE , DIRECTLY OR13
	234	+	INDIRECTLY, THE WHOLE OR ANY PART OF THE STOCK , OTHER SHARE14
	235	+	CAPITAL, OR ASSETS OF ANOTHER PERSON ENGAGED IN TRADE OR15
	236	+	COMMERCE IF THE EFFECT OF THE ACQUISITION MAY SUBSTANTIALLY16
	237	+	LESSEN COMPETITION OR TEND TO CREATE A MONOPOLY .17
165	238		(2) N
166		-	OTHING IN THIS SECTION PROHIBITS ANY PERSON FROM :
	239	+	OTHING IN THIS SECTION PROHIBITS ANY PERSON FROM :18
167	240		(a) A
168		-	CQUIRING STOCK OF ANOTHER PERSON SOLELY FOR INVESTMENT
169		-	PURPOSES
170		-	, SO LONG AS THE ACQUISITION OF STOCK IS NOT USED, BY VOTING
171		-	OR OTHERWISE
172		-	, TO BRING ABOUT OR TO ATTEMPT TO BRING ABOUT THE
173		-	SUBSTANTIAL LESSENING OF COMPETITION
174		-	; OR
175		-	(b) CAUSING THE FORMATION OF SUBSIDIARY CORPORATIONS OR
176		-	FROM OWNING AND HOLDING ALL OR ANY PART OF THE STOCK OF A
177		-	SUBSIDIARY CORPORATION
178		-	.
	241	+	CQUIRING STOCK OF ANOTHER PERSON SOLELY FOR19
	242	+	INVESTMENT PURPOSES, SO LONG AS THE ACQUISITION OF STOCK IS NOT20
	243	+	USED, BY VOTING OR OTHERWISE, TO BRING ABOUT OR TO ATTEMPT TO21
	244	+	BRING ABOUT THE SUBSTANTIAL LESSENING OF COMPETITION ; OR22
	245	+	(b) C
	246	+	AUSING THE FORMATION OF SUBSIDIARY CORPORATIONS OR23
	247	+	FROM OWNING AND HOLDING ALL OR ANY PART OF THE STOCK OF A24
	248	+	SUBSIDIARY CORPORATION.25
179	249		(3) T
180		-	HE ATTORNEY GENERAL SHALL NOT CHALLENGE THE MERGER
181		-	OR ACQUISITION OF ANY BANK OR BANK HOLDING COMPANY BY OR WITH ANY
182		-	OTHER BANK OR BANK HOLDING COMPANY THAT IS SUBJECT TO THE
183		-	PROVISIONS OF ANY OF THE FEDERAL BANKING LAWS
184		-	, EXCEPT AS
185		-	SPECIFICALLY PROVIDED IN THOSE FEDERAL BANKING LAWS
186		-	.
	250	+	HE ATTORNEY GENERAL SHALL NOT CHALLENGE THE MERGER26
	251	+	OR ACQUISITION OF ANY BANK OR BANK HOLDING COMPANY BY OR WITH27
	252	+	1192
	253	+	-6- ANY OTHER BANK OR BANK HOLDING COMPANY THAT IS SUBJECT TO THE1
	254	+	PROVISIONS OF ANY OF THE FEDERAL BANKING LAWS , EXCEPT AS2
	255	+	SPECIFICALLY PROVIDED IN THOSE FEDERAL BANKING LAWS .3
187	256		6-4-108. Facilitating or aiding and abetting. (1) I
188		-	T IS UNLAWFUL
189		-	TO FACILITATE OR AID AND ABET ANOTHER PERSON IN VIOLATING THIS
190		-	ARTICLE
191		-	4.
	257	+	T IS4
	258	+	UNLAWFUL TO FACILITATE OR AID AND ABET ANOTHER PERSON IN5
	259	+	VIOLATING THIS ARTICLE 4.6
192	260		(2) E
193		-	ACH SEPARATE INSTANCE OF FACILITATING OR AIDING AND
194		-	ABETTING ANOTHER PERSON IN VIOLATING THIS ARTICLE
195		-	4 IS A SEPARATE
196		-	VIOLATION OF THIS ARTICLE
197		-	4.
	261	+	ACH SEPARATE INSTANCE OF FACILITATING OR AIDING AND7
	262	+	ABETTING ANOTHER PERSON IN VIOLATING THIS ARTICLE 4 IS A SEPARATE8
	263	+	VIOLATION OF THIS ARTICLE 4.9
198	264		6-4-109. Exemptions. (1) T
199		-	HE LABOR OF AN INDIVIDUAL IS NOT A
200		-	COMMODITY
201		-	, A SERVICE, OR AN ARTICLE OF TRADE OR COMMERCE .
	265	+	HE LABOR OF AN INDIVIDUAL IS NOT10
	266	+	A COMMODITY, A SERVICE, OR AN ARTICLE OF TRADE OR COMMERCE .11
202	267		(2) N
203		-	OTHING IN THIS ARTICLE 4 SHALL BE CONSTRUED TO:
	268	+	OTHING IN THIS ARTICLE 4 SHALL BE CONSTRUED TO:12
204	269		(a) F
205		-	ORBID THE EXISTENCE AND OPERATION OF A LABOR ,
206		-	AGRICULTURAL, OR HORTICULTURAL ORGANIZATION THAT :
	270	+	ORBID THE EXISTENCE AND OPERATION OF A LABOR ,13
	271	+	AGRICULTURAL, OR HORTICULTURAL ORGANIZATION THAT :14
207	272		(I) I
208		-	S INSTITUTED FOR THE PURPOSE OF PROVIDING MUTUAL ~~HELP OR~~
209		-	IS ENGAGED IN MAKING COLLECTIVE SALES OR MARKETING FOR ~~ITS MEMBERS~~
210		-	~~PAGE 5-HOUSE BILL 23-1192~~ OR SHAREHOLDERS;
	273	+	S INSTITUTED FOR THE PURPOSE OF PROVIDING MUTUAL HELP15
	274	+	OR IS ENGAGED IN MAKING COLLECTIVE SALES OR MARKETING FOR ITS16
	275	+	MEMBERS OR SHAREHOLDERS ;17
211	276		(II) D
212		-	OES NOT HAVE CAPITAL STOCK; AND
213		-	(III) IS NOT BEING CONDUCTED FOR PROFIT; OR
214		-	(b) FORBID OR RESTRAIN INDIVIDUAL MEMBERS OF A LABOR ,
215		-	AGRICULTURAL, OR HORTICULTURAL ORGANIZATION FROM LAWFULLY
216		-	CARRYING OUT THE LEGITIMATE OBJECTIVES OF THE ORGANIZATION
217		-	.
	277	+	OES NOT HAVE CAPITAL STOCK; AND18
	278	+	(III) I
	279	+	S NOT BEING CONDUCTED FOR PROFIT; OR19
	280	+	(b) F
	281	+	ORBID OR RESTRAIN INDIVIDUAL MEMBERS OF A LABOR ,20
	282	+	AGRICULTURAL, OR HORTICULTURAL ORGANIZATION FROM LAWFULLY21
	283	+	CARRYING OUT THE LEGITIMATE OBJECTIVES OF THE ORGANIZATION .22
218	284		(3) A
219		-	PROFESSIONAL REVIEW COMMITTEE CONSTITUTED AND
220		-	CONDUCTING ITS REVIEWS AND ACTIVITIES IN ACCORDANCE WITH THE
221		-	PROVISIONS OF PART
222		-	2 OF ARTICLE 30 OF TITLE 12, OR THE MEMBERS OF THE
223		-	PROFESSIONAL REVIEW COMMITTEE
224		-	, SHALL NOT BE HELD OR CONSTRUED TO
225		-	BE AN ILLEGAL COMBINATION OR CONSPIRACY IN RESTRAINT OF TRADE
226		-	UNDER THIS ARTICLE
227		-	4.
	285	+	PROFESSIONAL REVIEW COMMITTEE CONSTITUTED AND23
	286	+	CONDUCTING ITS REVIEWS AND ACTIVITIES IN ACCORDANCE WITH THE24
	287	+	PROVISIONS OF PART 2 OF ARTICLE 30 OF TITLE 12, OR THE MEMBERS OF25
	288	+	THE PROFESSIONAL REVIEW COMMITTEE , SHALL NOT BE HELD OR26
	289	+	CONSTRUED TO BE AN ILLEGAL COMBINATION OR CONSPIRACY IN27
	290	+	1192
	291	+	-7- RESTRAINT OF TRADE UNDER THIS ARTICLE 4.1
228	292		(4) A
229		-	NY PERSON, ACTIVITY, OR CONDUCT EXEMPT OR IMMUNE UNDER
230		-	THE LAWS OF THIS STATE OR EXEMPT OR IMMUNE FROM THE FEDERAL
231		-	ANTITRUST LAWS IS EXEMPT OR IMMUNE FROM THIS ARTICLE
232		-	4 WITHOUT
233		-	REGARD TO ANY MONETARY THRESHOLD IMPOSED BY FEDERAL LAW
234		-	; EXCEPT
235		-	THAT NOTHING IN THIS ARTICLE
236		-	4 SHALL BE DEEMED TO MODIFY THE
237		-	SPECIFIC PROVISIONS OF PART
238		-	4 OF ARTICLE 4 OF TITLE 10.
	293	+	NY PERSON, ACTIVITY, OR CONDUCT EXEMPT OR IMMUNE2
	294	+	UNDER THE LAWS OF THIS STATE OR EXEMPT OR IMMUNE FROM THE3
	295	+	FEDERAL ANTITRUST LAWS IS EXEMPT OR IMMUNE FROM THIS ARTICLE 44
	296	+	WITHOUT REGARD TO ANY MONETARY THRESHOLD IMPOSED BY FEDERAL5
	297	+	LAW; EXCEPT THAT NOTHING IN THIS ARTICLE 4 SHALL BE DEEMED TO6
	298	+	MODIFY THE SPECIFIC PROVISIONS OF PART 4 OF ARTICLE 4 OF TITLE 10.7
239	299		(5) N
240		-	OTHING IN THIS ARTICLE 4 PROHIBITS OR SHALL BE CONSTRUED
241		-	TO PROHIBIT THE FORMATION AND OPERATION OF
242		-	:
	300	+	OTHING IN THIS ARTICLE 4 PROHIBITS OR SHALL BE8
	301	+	CONSTRUED TO PROHIBIT THE FORMATION AND OPERATION OF :9
243	302		(a) H
244	303		EALTH-CARE COVERAGE COOPERATIVES PURSUANT TO PART10
245		-	OF ARTICLE 16 OF TITLE 10; OR
246		-	(b) PROVIDER NETWORKS PURSUANT TO PART 3 OF ARTICLE 18 OF
247		-	THIS TITLE
248		-	6.
	304	+	10
	305	+	OF ARTICLE 16 OF TITLE 10; OR11
	306	+	(b) P
	307	+	ROVIDER NETWORKS PURSUANT TO PART 3 OF ARTICLE 18 OF12
	308	+	THIS TITLE 6.13
249	309		6-4-110. Jurisdiction - venue. (1) P
250		-	RIMARY JURISDICTION OF ANY
251		-	CAUSE OF ACTION BROUGHT PURSUANT TO THIS ARTICLE
252		-	4 IS VESTED IN THE
253		-	DISTRICT COURTS OF THIS STATE
254		-	.
	310	+	RIMARY JURISDICTION OF14
	311	+	ANY CAUSE OF ACTION BROUGHT PURSUANT TO THIS ARTICLE 4 IS VESTED15
	312	+	IN THE DISTRICT COURTS OF THIS STATE.16
255	313		(2) A
256		-	NY CAUSE OF ACTION BROUGHT PURSUANT TO THIS ~~ARTICLE 4~~
257		-	~~MAY BE BROUGHT IN ANY JUDICIAL DISTRICT IN WHICH THE ALLEGED~~
258		-	~~VIOLATION OCCURRED~~
259		-	, ANY INJURY WAS ALLEGEDLY SUFFERED , OR ~~ANY~~
260		-	~~PAGE 6-HOUSE BILL 23-1192~~ DEFENDANT RESIDES.
	314	+	NY CAUSE OF ACTION BROUGHT PURSUANT TO THIS ARTICLE17
	315	+	4
	316	+	MAY BE BROUGHT IN ANY JUDICIAL DISTRICT IN WHICH THE ALLEGED18
	317	+	VIOLATION OCCURRED, ANY INJURY WAS ALLEGEDLY SUFFERED , OR ANY19
	318	+	DEFENDANT RESIDES.20
261	319		6-4-111. Civil discovery request - rules. (1) W
262		-	HEN THE ATTORNEY
263		-	GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON HAS
264		-	ENGAGED IN
265		-	, IS ENGAGING IN, OR MAY HAVE INFORMATION RELATED TO A
266		-	VIOLATION OF THIS ARTICLE
267		-	4 OR OF ANY PROVISION OF THE FEDERAL
268		-	ANTITRUST STATUTES THAT MAY BE ENFORCED BY THE ATTORNEY GENERAL
269		-	,
270		-	THE ATTORNEY GENERAL MAY :
	320	+	HEN THE21
	321	+	ATTORNEY GENERAL HAS REASONABLE CAUSE TO BELIEVE THAT ANY22
	322	+	PERSON HAS ENGAGED IN, IS ENGAGING IN, OR MAY HAVE INFORMATION23
	323	+	RELATED TO A VIOLATION OF THIS ARTICLE 4 OR OF ANY PROVISION OF THE24
	324	+	FEDERAL ANTITRUST STATUTES THAT MAY BE ENFORCED BY THE25
	325	+	ATTORNEY GENERAL, THE ATTORNEY GENERAL MAY :26
271	326		(a) R
272		-	EQUEST THE PERSON, UNDER OATH OR OTHERWISE AND ON
273		-	FORMS PRESCRIBED BY THE ATTORNEY GENERAL
274		-	, TO FILE A STATEMENT OR
275		-	REPORT IN WRITING
276		-	, OR TO ANSWER IN WRITING , ANY QUESTIONS
277		-	PROPOUNDED BY THE ATTORNEY GENERAL AS TO ALL FACTS AND
278		-	CIRCUMSTANCES REASONABLY RELATED TO THE ALLEGED OR POTENTIAL
279		-	VIOLATION AND TO PROVIDE ANY OTHER DATA AND INFORMATION THE
280		-	ATTORNEY GENERAL REASONABLY DEEMS NECESSARY
281		-	;
	327	+	EQUEST THE PERSON, UNDER OATH OR OTHERWISE AND ON27
	328	+	1192
	329	+	-8- FORMS PRESCRIBED BY THE ATTORNEY GENERAL , TO FILE A STATEMENT OR1
	330	+	REPORT IN WRITING, OR TO ANSWER IN WRITING , ANY QUESTIONS2
	331	+	PROPOUNDED BY THE ATTORNEY GENERAL AS TO ALL FACTS AND3
	332	+	CIRCUMSTANCES REASONABLY RELATED TO THE ALLEGED OR POTENTIAL4
	333	+	VIOLATION AND TO PROVIDE ANY OTHER DATA AND INFORMATION THE5
	334	+	ATTORNEY GENERAL REASONABLY DEEMS NECESSARY ;6
282	335		(b) I
283		-	SSUE SUBPOENAS TO REQUIRE THE ATTENDANCE OF WITNESSES
284		-	OR THE PRODUCTION OF RELEVANT DOCUMENTS
285		-	, ADMINISTER OATHS,
286		-	CONDUCT HEARINGS IN AID OF AN INVESTIGATION OR INQUIRY , AND
287		-	PRESCRIBE FORMS AND ADOPT RULES AS MAY REASONABLY BE DEEMED
288		-	NECESSARY TO ADMINISTER THIS SECTION
289		-	; AND
290		-	(c) MAKE TRUE COPIES, AT THE EXPENSE OF THE ATTORNEY
291		-	GENERAL
292		-	, OF ANY DOCUMENTS EXAMINED PURSUANT TO SUBSECTION (1)(b)
293		-	OF THIS SECTION, WHICH COPIES MAY BE OFFERED INTO EVIDENCE IN LIEU OF
294		-	THE ORIGINALS IN ANY CIVIL ACTION BROUGHT PURSUANT TO THIS ARTICLE
295		-	4. THE PERSON PRODUCING THE DOCUMENTS MAY REQUIRE THAT THE
296		-	ATTORNEY GENERAL MAKE COPIES OF THE DOCUMENTS
297		-	. IF THE ATTORNEY
298		-	GENERAL DETERMINES THE USE OF ORIGINALS IS NECESSARY
299		-	, THE ATTORNEY
300		-	GENERAL SHALL PAY TO HAVE COPIES OF THOSE DOCUMENTS MADE FOR USE
301		-	BY THE PERSON PRODUCING THE DOCUMENTS
302		-	.
	336	+	SSUE SUBPOENAS TO REQUIRE THE ATTENDANCE OF WITNESSES7
	337	+	OR THE PRODUCTION OF RELEVANT DOCUMENTS , ADMINISTER OATHS,8
	338	+	CONDUCT HEARINGS IN AID OF AN INVESTIGATION OR INQUIRY , AND9
	339	+	PRESCRIBE FORMS AND ADOPT RULES AS MAY REASONABLY BE DEEMED10
	340	+	NECESSARY TO ADMINISTER THIS SECTION ; AND11
	341	+	(c) M
	342	+	AKE TRUE COPIES, AT THE EXPENSE OF THE ATTORNEY12
	343	+	GENERAL, OF ANY DOCUMENTS EXAMINED PURSUANT TO SUBSECTION13
	344	+	(1)(b)
	345	+	OF THIS SECTION, WHICH COPIES MAY BE OFFERED INTO EVIDENCE14
	346	+	IN LIEU OF THE ORIGINALS IN ANY CIVIL ACTION BROUGHT PURSUANT TO15
	347	+	THIS ARTICLE 4. THE PERSON PRODUCING THE DOCUMENTS MAY REQUIRE16
	348	+	THAT THE ATTORNEY GENERAL MAKE COPIES OF THE DOCUMENTS . IF THE17
	349	+	ATTORNEY GENERAL DETERMINES THE USE OF ORIGINALS IS NECESSARY ,18
	350	+	THE ATTORNEY GENERAL SHALL PAY TO HAVE COPIES OF THOSE19
	351	+	DOCUMENTS MADE FOR USE BY TH E PERSON PRODUCING THE DOCUMENTS .20
303	352		(2) S
304		-	ERVICE OF ANY REQUEST OR SUBPOENA MUST BE MADE IN THE
305		-	MANNER PRESCRIBED BY LAW
306		-	.
	353	+	ERVICE OF ANY REQUEST OR SUBPOENA MUST BE MADE IN THE21
	354	+	MANNER PRESCRIBED BY LAW .22
307	355		(3) A
308		-	NY WRITTEN RESPONSE, TESTIMONY, OR DOCUMENTS OBTAINED
309		-	BY THE ATTORNEY GENERAL PURSUANT TO THIS SECTION
310		-	, OR ANY
311		-	INFORMATION DERIVED DIRECTLY OR INDIRECTLY FROM SUCH WRITTEN
312		-	RESPONSE
313		-	, TESTIMONY, OR DOCUMENTS, IS NOT ADMISSIBLE IN EVIDENCE IN
314		-	PAGE 7-HOUSE BILL 23-1192 ANY CRIMINAL PROSECUTION AGAINST THE PERSON PROVIDING THE WRITTEN
315		-	RESPONSE
316		-	, TESTIMONY, OR DOCUMENTS . THE PROVISIONS OF THIS
317		-	SUBSECTION
318		-	(3) SHALL NOT BE CONSTRUED TO PREVENT ANY LAW
319		-	ENFORCEMENT OFFICER
320		-	, HAVING AN INDEPENDENT BASIS TO PRODUCE OR
321		-	OBTAIN THE FACTS
322		-	, INFORMATION, OR EVIDENCE, FROM PRODUCING OR
323		-	OBTAINING THE SAME OR SIMILAR FACTS
324		-	, INFORMATION, OR EVIDENCE FOR
325		-	USE IN ANY CRIMINAL PROSECUTION
326		-	.
	356	+	NY WRITTEN RESPONSE , TESTIMONY, OR DOCUMENTS23
	357	+	OBTAINED BY THE ATTORNEY GENERAL PURSUANT TO THIS SECTION , OR24
	358	+	ANY INFORMATION DERIVED DIRECTLY OR INDIRECTLY FROM SUCH25
	359	+	WRITTEN RESPONSE, TESTIMONY, OR DOCUMENTS, IS NOT ADMISSIBLE IN26
	360	+	EVIDENCE IN ANY CRIMINAL PROSECUTION AGAINST THE PERSON27
	361	+	1192
	362	+	-9- PROVIDING THE WRITTEN RESPONSE , TESTIMONY, OR DOCUMENTS. THE1
	363	+	PROVISIONS OF THIS SUBSECTION (3) SHALL NOT BE CONSTRUED TO2
	364	+	PREVENT ANY LAW ENFORCEMENT OFFICER , HAVING AN INDEPENDENT3
	365	+	BASIS TO PRODUCE OR OBTAIN THE FACTS , INFORMATION, OR EVIDENCE,4
	366	+	FROM PRODUCING OR OBTAINING THE SAME OR SIMILAR FACTS ,5
	367	+	INFORMATION, OR EVIDENCE FOR USE IN ANY CRIMINAL PROSECUTION .6
327	368		(4) N
328		-	OTHING IN THIS SECTION PROHIBITS THE ATTORNEY GENERAL
329		-	FROM DISCLOSING INFORMATION OBTAINED PURSUANT TO THIS SECTION TO
330		-	ANY OTHER LAW ENFORCEMENT AGENCY
331		-	, DEPARTMENT OF ANY
332		-	GOVERNMENTAL OR PUBLIC ENTITY OF THIS OR ANY OTHER STATE
333		-	, OR THE
334		-	FEDERAL GOVERNMENT IF SUCH OTHER LAW ENFORCEMENT AGENCY OR
335		-	DEPARTMENT EXECUTES AN AGREEMENT THAT THE INFORMATION WILL
336		-	REMAIN CONFIDENTIAL AND WILL NOT BE USED IN ANY CRIMINAL
337		-	PROSECUTION AGAINST THE PERSON PROVIDING THE WRI TTEN RESPONSE
338		-	,
339		-	TESTIMONY, OR DOCUMENTS.
	369	+	OTHING IN THIS SECTION PROHIBITS THE ATTORNEY GENERAL7
	370	+	FROM DISCLOSING INFORMATION OBTAINED PURSUANT TO THIS SECTION TO8
	371	+	ANY OTHER LAW ENFORCEMENT AGENCY , DEPARTMENT OF ANY9
	372	+	GOVERNMENTAL OR PUBLIC ENTITY OF THIS OR ANY OTHER STATE , OR THE10
	373	+	FEDERAL GOVERNMENT IF SUCH OTHER LAW ENFORCEMENT AGENCY OR11
	374	+	DEPARTMENT EXECUTES AN AGREEMENT THAT THE INFORMATION WILL12
	375	+	REMAIN CONFIDENTIAL AND WILL NOT BE USED IN ANY CRIMINAL13
	376	+	PROSECUTION AGAINST THE PERSON PROVIDING THE WRITTEN RESPONSE ,14
	377	+	TESTIMONY, OR DOCUMENTS.15
340	378		(5) I
341		-	F ANY PERSON FAILS TO APPEAR OR FAILS TO COOPERATE WITH
342		-	ANY INVESTIGATION OR INQUIRY PURSUANT TO A REQUEST OR SUBPOENA
343		-	ISSUED PURSUANT TO THIS SECTION
344		-	, THE ATTORNEY GENERAL MAY APPLY TO
345		-	ANY DISTRICT COURT FOR AN APPROPRIATE ORDER TO EFFECT THE PURPOSES
346		-	OF THIS SECTION
347		-	. THE APPLICATION MUST STATE THAT THERE IS
348		-	REASONABLE CAUSE TO BELIEVE THAT THE ORDER APPLIED FOR IS
349		-	NECESSARY TO INVESTIGATE
350		-	, PROSECUTE, OR TERMINATE A VIOLATION OF
351		-	THIS ARTICLE
352		-	4. IF THE COURT IS SATISFIED THAT REASONABLE CAUSE
353		-	EXISTS
354		-	, THE COURT MAY:
	379	+	F ANY PERSON FAILS TO APPEAR OR FAILS TO COOPERATE WITH16
	380	+	ANY INVESTIGATION OR INQUIRY PURSUANT TO A REQUEST OR SUBPOENA17
	381	+	ISSUED PURSUANT TO THIS SECTION, THE ATTORNEY GENERAL MAY APPLY18
	382	+	TO ANY DISTRICT COURT FOR AN APPROPRIATE ORDER TO EFFECT THE19
	383	+	PURPOSES OF THIS SECTION. THE APPLICATION MUST STATE THAT THERE20
	384	+	IS REASONABLE CAUSE TO BELIEVE THAT THE ORDER APPLIED FOR IS21
	385	+	NECESSARY TO INVESTIGATE, PROSECUTE, OR TERMINATE A VIOLATION OF22
	386	+	THIS ARTICLE 4. IF THE COURT IS SATISFIED THAT REASONABLE CAUSE23
	387	+	EXISTS, THE COURT MAY:24
355	388		(a) R
356		-	EQUIRE THE ATTENDANCE OF , OR THE PRODUCTION OF
357		-	DOCUMENTS BY
358		-	, THE PERSON, OR BOTH;
	389	+	EQUIRE THE ATTENDANCE OF , OR THE PRODUCTION OF25
	390	+	DOCUMENTS BY, THE PERSON, OR BOTH;26
359	391		(b) A
360		-	SSESS A CIVIL PENALTY OF UP TO FIVE THOUSAND DOLLARS FOR
361		-	THE FAILURE TO APPEAR AND ANSWER QUESTIONS
362		-	, WRITTEN OR OTHERWISE,
363		-	OR THE FAILURE TO PRODUCE DOCUMENTS , UNLESS THE COURT FINDS THAT
364		-	THE FAILURE TO APPEAR
365		-	, TO ANSWER QUESTIONS , OR TO PRODUCE
366		-	DOCUMENTS WAS SUBSTANTIALLY JUSTIFIED OR THAT OTHER
367		-	CIRCUMSTANCES MAKE AN ASSESSMENT OF A CIVIL PENALTY UNJUST
368		-	;
	392	+	SSESS A CIVIL PENALTY OF UP TO FIVE THOUSAND DOLLARS27
	393	+	1192
	394	+	-10- FOR THE FAILURE TO APPEAR AND ANSWER QUESTIONS , WRITTEN OR1
	395	+	OTHERWISE, OR THE FAILURE TO PRODUCE DOCUMENTS , UNLESS THE2
	396	+	COURT FINDS THAT THE FAILURE TO APPEAR , TO ANSWER QUESTIONS, OR3
	397	+	TO PRODUCE DOCUMENTS WAS SUBSTANTIALLY JUSTIFIED OR THAT OTHER4
	398	+	CIRCUMSTANCES MAKE AN ASSESSMENT OF A CIVIL PENALTY UNJUST ;5
369	399		(c) A
370		-	WARD THE ATTORNEY GENERAL REASONABLE COSTS AND
371		-	ATTORNEY FEES IN MAKING THIS APPLICATION
372		-	, UNLESS THE COURT FINDS
373		-	PAGE 8-HOUSE BILL 23-1192 THAT THE FAILURE TO APPEAR , TO ANSWER QUESTIONS, OR TO PRODUCE
374		-	DOCUMENTS WAS SUBSTANTIALLY JUSTIFIED OR THAT OTHER
375		-	CIRCUMSTANCES MAKE AN AWARD OF COSTS AND ATTORNEY FEES UNJUST
376		-	;
	400	+	WARD THE ATTORNEY GENERAL REASONABLE COSTS AND6
	401	+	ATTORNEY FEES IN MAKING THIS APPLICATION , UNLESS THE COURT FINDS7
	402	+	THAT THE FAILURE TO APPEAR, TO ANSWER QUESTIONS, OR TO PRODUCE8
	403	+	DOCUMENTS WAS SUBSTANTIALLY JUSTIFIED OR THAT OTHER9
	404	+	CIRCUMSTANCES MAKE AN AWARD OF COSTS AND ATTORNEY FEES UNJUST ;10
377	405		(d) E
378		-	NTER ANY PROTECTIVE ORDER AS PROVIDED FOR IN THE
379		-	COLORADO RULES OF CIVIL PROCEDURE ; AND
380		-	(e) GRANT SUCH OTHER OR FURTHER RELIEF AS MAY BE NECESSARY
381		-	TO OBTAIN COMPLIANCE BY THE PERSON
382		-	.
	406	+	NTER ANY PROTECTIVE ORDER AS PROVIDED FOR IN THE11
	407	+	C
	408	+	OLORADO RULES OF CIVIL PROCEDURE ; AND12
	409	+	(e) G
	410	+	RANT SUCH OTHER OR FURTHER RELIEF AS MAY BE13
	411	+	NECESSARY TO OBTAIN COMPLIANCE BY THE PERSON .14
383	412		(6) (a) T
384		-	HE ATTORNEY GENERAL MAY DEEM ANY INVESTIGATIVE
385		-	RECORDS OR RECORDS REGARDING INTELLIGENCE INFORMATION OBTAINED
386		-	UNDER THIS ARTICLE
387		-	4 PUBLIC RECORDS SUBJECT TO PUBLIC INSPECTION
388		-	PURSUANT TO PART
389		-	2 OF ARTICLE 72 OF TITLE 24.
390		-	(b) N
391		-	OTHING IN THIS SUBSECTION (6) SHALL BE CONSTRUED TO
392		-	PREVENT OR LIMIT THE ATTORNEY GENERAL
393		-	'S AUTHORITY TO ISSUE PUBLIC
394		-	STATEMENTS DESCRIBING OR WARNING OF ANY COURSE OF CONDUCT OR
395		-	CONSPIRACY THAT VIOLATES THIS ARTICLE
396		-	4, WHETHER THE PUBLIC
397		-	STATEMENTS ARE MADE ON A LOCAL
398		-	, STATEWIDE, REGIONAL, OR
399		-	NATIONWIDE BASIS
400		-	.
	413	+	HE ATTORNEY GENERAL MAY DEEM ANY INVESTIGATIVE15
	414	+	RECORDS OR RECORDS REGARDING INTELLIGENCE INFORMATION OBTAINED16
	415	+	UNDER THIS ARTICLE 4 PUBLIC RECORDS SUBJECT TO PUBLIC INSPECTION17
	416	+	PURSUANT TO PART 2 OF ARTICLE 72 OF TITLE 24.18
	417	+	(b)
	418	+	NOTHING IN THIS SUBSECTION (6) SHALL BE CONSTRUED TO19
	419	+	PREVENT OR LIMIT THE ATTORNEY GENERAL 'S AUTHORITY TO ISSUE PUBLIC20
	420	+	STATEMENTS DESCRIBING OR WARNING OF ANY COURSE OF CONDUCT OR21
	421	+	CONSPIRACY THAT VIOLATES THIS ARTICLE 4, WHETHER THE PUBLIC22
	422	+	STATEMENTS ARE MADE ON A LOCAL , STATEWIDE, REGIONAL, OR23
	423	+	NATIONWIDE BASIS.24
	424	+	25
401	425		6-4-112. Enforcement by the attorney general. (1) T
402		-	HE
403		-	ATTORNEY GENERAL MAY INSTITUTE ACTIONS OR PROCEEDINGS TO PREVENT
404		-	OR RESTRAIN VIOLATIONS OF THIS ARTICLE
405		-	4, INCLUDING ACTIONS TO
406		-	PREVENT OR RESTRAIN UNFAIR METHODS OF COMPETITION IN OR AFFECTING
407		-	COMMERCE
408		-	.
	426	+	HE26
	427	+	ATTORNEY GENERAL MAY INSTITUTE ACTIONS OR PROCEEDINGS TO27
	428	+	1192
	429	+	-11- PREVENT OR RESTRAIN VIOLATIONS OF THIS ARTICLE 4, INCLUDING1
	430	+	ACTIONS TO PREVENT OR RESTRAIN UNFAIR METHODS OF COMPETITION IN2
	431	+	OR AFFECTING COMMERCE .3
409	432		(2) T
410		-	HE ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON BEHALF
411		-	OF THE STATE OR ANY GOVERNMENTAL OR PUBLIC ENTITY INJURED
412		-	, EITHER
413		-	DIRECTLY OR INDIRECTLY
414		-	, IN ITS BUSINESS OR PROPERTY BY REASON OF ANY
415		-	VIOLATION OF THIS ARTICLE
416		-	4 AND, IF SUCCESSFUL, SHALL RECOVER ANY
417		-	ACTUAL DAMAGES SUSTAINED BY THE ENTITY
418		-	. IF THE VIOLATION ALLEGED
419		-	AND PROVED IS DETERMINED BY THE COUR T TO BE A PER SE VIOLATION OF
420		-	THIS ARTICLE
421		-	4, THE ATTORNEY GENERAL, ON BEHALF OF THE ENTITY, MAY
422		-	RECOVER THREE TIMES THE ACTUAL DAMAGES THAT THE ENTITY SUSTAINS
423		-	.
	433	+	HE ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON4
	434	+	BEHALF OF THE STATE OR ANY GOVERNMENTAL OR PUBLIC ENTITY5
	435	+	INJURED, EITHER DIRECTLY OR INDIRECTLY, IN ITS BUSINESS OR PROPERTY6
	436	+	BY REASON OF ANY VIOLATION OF THIS ARTICLE 4 AND, IF SUCCESSFUL,7
	437	+	SHALL RECOVER ANY ACTUAL DAMAGES SUSTAINED BY THE ENTITY . IF THE8
	438	+	VIOLATION ALLEGED AND PROVED IS DETERMINED BY THE COURT TO BE A9
	439	+	PER SE VIOLATION OF THIS ARTICLE 4, THE ATTORNEY GENERAL , ON10
	440	+	BEHALF OF THE ENTITY , MAY RECOVER THREE TIMES THE ACTUAL11
	441	+	DAMAGES THAT THE ENTITY SUSTAINS .12
424	442		(3) (a) T
425		-	HE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AS
426		-	PARENS PATRIAE ON BEHALF OF ANY INDIVIDUAL RESIDING WITHIN THE STATE
427		-	WHO IS INJURED
428		-	, EITHER DIRECTLY OR INDIRECTLY, IN THE INDIVIDUAL'S
429		-	PAGE 9-HOUSE BILL 23-1192 BUSINESS OR PROPERTY BY REASON OF ANY VIOLATION OF THIS ARTICLE 4
430		-	AND, IF SUCCESSFUL, SHALL RECOVER ANY ACTUAL DAMAGES SUSTAINED BY
431		-	THE INDIVIDUAL
432		-	. IF THE VIOLATION ALLEGED AND PROVED IS DETERMINED
433		-	BY THE COURT TO BE A PER SE VIOLATION OF THIS ARTICLE
434		-	4, THE ATTORNEY
435		-	GENERAL
436		-	, ON BEHALF OF THE INDIVIDUAL, MAY RECOVER THREE TIMES THE
437		-	ACTUAL DAMAGES THAT THE INDIVIDUAL SUSTAINS
438		-	.
	443	+	HE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AS13
	444	+	PARENS PATRIAE ON BEHALF OF ANY INDIVIDUAL RESIDING WITHIN THE14
	445	+	STATE WHO IS INJURED, EITHER DIRECTLY OR INDIRECTLY , IN THE15
	446	+	INDIVIDUAL'S BUSINESS OR PROPERTY BY REASON OF ANY VIOLATION OF16
	447	+	THIS ARTICLE 4 AND, IF SUCCESSFUL, SHALL RECOVER ANY ACTUAL17
	448	+	DAMAGES SUSTAINED BY THE INDIVIDUAL . IF THE VIOLATION ALLEGED18
	449	+	AND PROVED IS DETERMINED BY THE COUR T TO BE A PER SE VIOLATION OF19
	450	+	THIS ARTICLE 4, THE ATTORNEY GENERAL, ON BEHALF OF THE INDIVIDUAL,20
	451	+	MAY RECOVER THREE TIMES THE ACTUAL DAMAGES THAT THE INDIVIDUAL21
	452	+	SUSTAINS.22
439	453		(b) I
440		-	N ANY PARENS PATRIAE ACTION IN WHICH ACTUAL OR TREBLE
441		-	DAMAGES ARE RECOVERED
442		-	, THE COURT, IN ITS DISCRETION, MAY DETERMINE
443		-	THAT THE AMOUNT OF DAMAGES RECOVERED IS TOO SMALL TO MAKE ANY
444		-	REFUND TO PARENS GROUP MEMBERS PRACTICABLE
445		-	. IN THAT EVENT, THE
446		-	COURT MAY DIRECT THE DAMAGES TO BE PAID TO THE GENERAL FUND OF THE
447		-	STATE OR TO SOME OTHER GOVERNMENTAL OR PUBLIC ENTITY AS THE COURT
448		-	DEEMS APPROPRIATE OR MAY REQUIRE THAT DAMAGES BE PAID AS REBATES
449		-	OR PRICE REDUCTIONS TO FUTURE CONSUMERS
450		-	.
	454	+	N ANY PARENS PATRIAE ACTION IN WHICH ACTUAL OR TREBLE23
	455	+	DAMAGES ARE RECOVERED , THE COURT, IN ITS DISCRETION, MAY24
	456	+	DETERMINE THAT THE AMOUNT OF DAMAGES RECOVERED IS TOO SMALL TO25
	457	+	MAKE ANY REFUND TO PARENS GROUP MEMBERS PRACTICABLE . IN THAT26
	458	+	EVENT, THE COURT MAY DIRECT THE DAMAGES TO BE PAID TO THE27
	459	+	1192
	460	+	-12- GENERAL FUND OF THE STATE OR TO SOME OTHER GOVERNMENTAL OR1
	461	+	PUBLIC ENTITY AS THE COURT DEEMS APPROPRIATE OR MAY REQUIRE THAT2
	462	+	DAMAGES BE PAID AS REBATES OR PRICE REDUCTIONS TO FUTURE3
	463	+	CONSUMERS.4
451	464		(4) I
452		-	N ADDITION TO ANY OTHER REMEDIES PROVIDED IN ~~THIS ARTICLE~~
453		-	4, THE ATTORNEY GENERAL MAY REQUEST , AND A COURT ~~MAY MAKE ,~~
454		-	ORDERS OR JUDGMENTS AS MAY BE NECESSARY TO :
	465	+	N ADDITION TO ANY OTHER REMEDIES PROVIDED IN THIS5
	466	+	ARTICLE 4, THE ATTORNEY GENERAL MAY REQUEST , AND A COURT MAY6
	467	+	MAKE, ORDERS OR JUDGMENTS AS MAY BE NECESSARY TO :7
455	468		(a) F
456		-	ULLY COMPENSATE OR MAKE WHOLE ANY PERSON INJURED ,
457		-	EITHER DIRECTLY OR INDIRECTLY, BY MEANS OF ANY RESTRAINT OF TRADE
458		-	IN VIOLATION OF THIS ARTICLE
459		-	4; OR
460		-	(b) PREVENT ANY UNJUST ENRICHMENT BY ANY PERSON THROUGH
461		-	ANY RESTRAINT OF TRADE IN VIOLATION OF THIS ARTICLE
462		-	4.
	469	+	ULLY COMPENSATE OR MAKE WHOLE ANY PERSON INJURED ,8
	470	+	EITHER DIRECTLY OR INDIRECTLY, BY MEANS OF ANY RESTRAINT OF TRADE9
	471	+	IN VIOLATION OF THIS ARTICLE 4; OR10
	472	+	(b) P
	473	+	REVENT ANY UNJUST ENRICHMENT BY ANY PERSON THROUGH11
	474	+	ANY RESTRAINT OF TRADE IN VIOLATION OF THIS ARTICLE 4.12
463	475		(5) I
464		-	N ANY ACTION BROUGHT PURSUANT TO THIS ARTICLE 4, THE
465		-	ATTORNEY GENERAL
466		-	, IF SUCCESSFUL, IS ENTITLED TO RECOVER THE COSTS
467		-	OF INVESTIGATION
468		-	, EXPERT FEES, COSTS OF THE ACTION, AND REASONABLE
469		-	ATTORNEY FEES
470		-	.
	476	+	N ANY ACTION BROUGHT PURSUANT TO THIS ARTICLE 4, THE13
	477	+	ATTORNEY GENERAL, IF SUCCESSFUL, IS ENTITLED TO RECOVER THE COSTS14
	478	+	OF INVESTIGATION, EXPERT FEES, COSTS OF THE ACTION, AND REASONABLE15
	479	+	ATTORNEY FEES.16
471	480		6-4-113. Civil penalties. (1) T
472		-	HE ATTORNEY GENERAL MAY BRING
473		-	A CIVIL ACTION ON BEHALF OF THE STATE TO SEEK THE IMPOSITION OF A
474		-	CIVIL PENALTY FOR ANY VIOLATION OF THIS ARTICLE
475		-	4. THE COURT, UPON
476		-	FINDING A VIOLATION OF THIS ARTICLE
477		-	4, SHALL IMPOSE A CIVIL PENALTY TO
478		-	BE PAID TO THE GENERAL FUND OF THE STATE IN AN AMOUNT NOT TO EXCEED
479		-	ONE MILLION DOLLARS FOR EACH SUCH VIOLATION
480		-	.
	481	+	HE ATTORNEY GENERAL MAY17
	482	+	BRING A CIVIL ACTION ON BEHALF OF THE STATE TO SEEK THE IMPOSITION18
	483	+	OF A CIVIL PENALTY FOR ANY VIOLATION OF THIS ARTICLE 4. THE COURT,19
	484	+	UPON FINDING A VIOLATION OF THIS ARTICLE 4, SHALL IMPOSE A CIVIL20
	485	+	PENALTY TO BE PAID TO THE GENERAL FUND OF THE STATE IN AN AMOUNT21
	486	+	NOT TO EXCEED ONE MILLION DOLLARS FOR EACH SUCH VIOLATION .22
481	487		(2) I
482		-	N DETERMINING THE AMOUNT OF A CIVIL PENALTY , THE ~~COURT~~
483		-	~~PAGE 10-HOUSE BILL 23-1192~~ SHALL CONSIDER, AMONG OTHER THINGS:
	488	+	N DETERMINING THE AMOUNT OF A CIVIL PENALTY , THE COURT23
	489	+	SHALL CONSIDER, AMONG OTHER THINGS:24
484	490		(a) T
485		-	HE NATURE AND EXTENT OF THE VIOLATION ;
	491	+	HE NATURE AND EXTENT OF THE VIOLATION ;25
486	492		(b) T
487		-	HE NUMBER OF CONSUMERS AFFECTED BY THE VIOLATION ;
	493	+	HE NUMBER OF CONSUMERS AFFECTED BY THE VIOLATION ;26
488	494		(c) W
489		-	HETHER THE VIOLATION WAS AN ISOLATED INCIDENT OR A
490		-	~~CONTINUOUS PATTERN AND PRACTICE OF BEHAVIOR~~
491		-	;
	495	+	HETHER THE VIOLATION WAS AN ISOLATED INCIDENT OR A27
	496	+	1192
	497	+	-13- CONTINUOUS PATTERN AND PRACTICE OF BEHAVIOR ;1
492	498		(d) W
493		-	HETHER THE VIOLATION WAS THE RESULT OF WILLFUL
494		-	CONDUCT
495		-	;
	499	+	HETHER THE VIOLATION WAS THE RESULT OF WILLFUL2
	500	+	CONDUCT;3
496	501		(e) W
497		-	HETHER THE DEFENDANT T OOK AFFIRMATIVE STEPS TO
498		-	CONCEAL SUCH VIOLATIONS
499		-	; AND
500		-	(f) WHETHER, GIVEN THE SIZE AND WEALTH OF THE DEFENDANT, THE
501		-	CIVIL PENALTY WILL BE AN EFFECTIVE DETERRENT AGAINST FUTURE
502		-	VIOLATIONS
503		-	.
	502	+	HETHER THE DEFENDANT TOOK AFFIRMATIVE STEPS TO4
	503	+	CONCEAL SUCH VIOLATIONS; AND5
	504	+	(f) W
	505	+	HETHER, GIVEN THE SIZE AND WEALTH OF THE DEFENDANT ,6
	506	+	THE CIVIL PENALTY WILL BE AN EFFECTIVE DETERRENT AGAINST FUTURE7
	507	+	VIOLATIONS.8
504	508		6-4-114. Enforcement - injunction. (1) A
505		-	NY PERSON INJURED,
506		-	EITHER DIRECTLY OR INDIRECTLY, IN ITS BUSINESS OR PROPERTY BY REASON
507		-	OF A VIOLATION OF THIS ARTICLE
508		-	4 MAY FILE AN ACTION TO PREVENT OR
509		-	RESTRAIN THE VIOLATION
510		-	.
	509	+	NY PERSON INJURED,9
	510	+	EITHER DIRECTLY OR INDIRECTLY , IN ITS BUSINESS OR PROPERTY BY10
	511	+	REASON OF A VIOLATION OF THIS ARTICLE 4 MAY FILE AN ACTION TO11
	512	+	PREVENT OR RESTRAIN THE VIOLATION .12
511	513		(2) I
512		-	N ANY ACTION BROUGHT PURSUANT TO THIS SECTION , THE
513		-	COURT
514		-	, IN ITS DISCRETION, MAY AWARD THE PREVAILING PARTY ITS EXPERT
515		-	WITNESS FEES
516		-	, THE COSTS OF THE ACTION, AND REASONABLE ATTORNEY
517		-	FEES
518		-	.
	514	+	N ANY ACTION BROUGHT PURSUANT TO THIS SECTION , THE13
	515	+	COURT, IN ITS DISCRETION, MAY AWARD THE PREVAILING PARTY ITS14
	516	+	EXPERT WITNESS FEES, THE COSTS OF THE ACTION, AND REASONABLE15
	517	+	ATTORNEY FEES.16
519	518		6-4-115. Enforcement - civil damages. (1) A
520		-	NY PERSON INJURED,
521		-	EITHER DIRECTLY OR INDIRECTLY, IN ITS BUSINESS OR PROPERTY BY REASON
522		-	OF ANY VIOLATION OF THIS ARTICLE
523		-	4 MAY SUE AND, IF SUCCESSFUL, IS
524		-	ENTITLED TO RECOVER ANY ACTUAL DAMAGES THAT THE PERSON
525		-	SUSTAINED
526		-	. IF THE VIOLATION ALLEGED AND PROVED IS DETERMINED BY THE
527		-	COURT TO BE A PER SE VIOLATION OF THIS ARTICLE
528		-	4, THE PERSON MAY
529		-	RECOVER THREE TIMES THE ACTUAL DAMAGES THAT THE PERSON SUSTAINS
530		-	.
	519	+	NY PERSON17
	520	+	INJURED, EITHER DIRECTLY OR INDIRECTLY, IN ITS BUSINESS OR PROPERTY18
	521	+	BY REASON OF ANY VIOLATION OF THIS ARTICLE 4 MAY SUE AND, IF19
	522	+	SUCCESSFUL, IS ENTITLED TO RECOVER ANY ACTUAL DAMAGES THAT THE20
	523	+	PERSON SUSTAINED. IF THE VIOLATION ALLEGED AND PROVED IS21
	524	+	DETERMINED BY THE COURT TO BE A PER SE VIOLATION OF THIS ARTICLE22
	525	+	4,
	526	+	THE PERSON MAY RECOVER THREE TIMES THE ACTUAL DAMAGES THAT23
	527	+	THE PERSON SUSTAINS.24
531	528		(2) I
532		-	N ANY ACTION BROUGHT PURSUANT TO THIS SECTION , THE
533		-	COURT
534		-	, IN ITS DISCRETION, MAY AWARD THE PREVAILING PARTY ITS EXPERT
535		-	FEES
536		-	, THE COSTS OF THE ACTION, AND REASONABLE ATTORNEY FEES .
537		-	PAGE 11-HOUSE BILL 23-1192 (3) NO DAMAGES, COSTS, EXPERT FEES, COSTS OF INVESTIGATION,
538		-	CIVIL PENALTIES, OR ATTORNEY FEES MAY BE RECOVERED FROM :
	529	+	N ANY ACTION BROUGHT PURSUANT TO THIS SECTION , THE25
	530	+	COURT, IN ITS DISCRETION, MAY AWARD THE PREVAILING PARTY ITS26
	531	+	EXPERT FEES, THE COSTS OF THE ACTION, AND REASONABLE ATTORNEY27
	532	+	1192
	533	+	-14- FEES.1
	534	+	(3) N
	535	+	O DAMAGES, COSTS, EXPERT FEES, COSTS OF INVESTIGATION,2
	536	+	CIVIL PENALTIES, OR ATTORNEY FEES MAY BE RECOVERED FROM :3
539	537		(a) A
540		-	GOVERNMENTAL OR PUBLIC ENTITY ;
	538	+	GOVERNMENTAL OR PUBLIC ENTITY ;4
541	539		(b) A
542		-	NY OFFICIAL, AGENT, OR EMPLOYEE OF A GOVERNMENTAL OR
543		-	PUBLIC ENTITY ACTING IN AN OFFICIAL CAPACITY
544		-	; OR
545		-	(c) ANY PERSON BASED ON ANY OFFICIAL ACTION DIRECTED BY A
546		-	GOVERNMENTAL OR PUBLIC ENTITY
547		-	.
	540	+	NY OFFICIAL, AGENT, OR EMPLOYEE OF A GOVERNMENTAL OR5
	541	+	PUBLIC ENTITY ACTING IN AN OFFICIAL CAPACITY; OR6
	542	+	(c) A
	543	+	NY PERSON BASED ON ANY OFFICIAL ACTION DIRECTED BY A7
	544	+	GOVERNMENTAL OR PUBLIC ENTITY .8
548	545		6-4-116. Notice to the attorney general. A
549		-	NY PERSON THAT FILES
550		-	A CIVIL ACTION THAT INCLUDES ANY ALLEGATION OF A VIOLATION OF THIS
551		-	ARTICLE
552		-	4 SHALL, SIMULTANEOUSLY WITH THE FILING OF THE ACTION IN
553		-	DISTRICT COURT
554		-	, SERVE A COPY OF THE COMPLAINT ON THE ATTORNEY
555		-	GENERAL
556		-	.
	546	+	NY PERSON THAT FILES9
	547	+	A CIVIL ACTION THAT INCLUDES ANY ALLEGATION OF A VIOLATION OF THIS10
	548	+	ARTICLE 4 SHALL, SIMULTANEOUSLY WITH THE FILING OF THE ACTION IN11
	549	+	DISTRICT COURT, SERVE A COPY OF THE COMPLAINT ON THE ATTORNEY12
	550	+	GENERAL.13
557	551		6-4-117. Computation of damages. I
558		-	N ANY ACTION BROUGHT
559		-	PURSUANT TO SECTION
560		-	6-4-112 OR 6-4-115, THE AMOUNT OF DAMAGES MAY
561		-	BE CALCULATED AND ASSESSED IN THE AGGREGATE BY STATISTICAL OR
562		-	SAMPLING METHODS
563		-	, BY THE COMPUTATION OF ILLEGAL OVERCHARGES , OR
564		-	BY SUCH OTHER REASONABLE SYSTEM OF ESTIMATING AGGREGATE DAMAGES
565		-	AS THE COURT IN ITS DISCRETION MAY PERMIT WITHOUT REQUIRING
566		-	SEPARATE PROOF OF ANY INDIVIDUAL CLAIM OF
567		-	, OR AMOUNT OF DAMAGES
568		-	TO
569		-	, EACH PERSON ON WHOSE BEHALF THE ACTION WAS BROUGHT .
	552	+	N ANY ACTION BROUGHT14
	553	+	PURSUANT TO SECTION 6-4-112 OR 6-4-115, THE AMOUNT OF DAMAGES15
	554	+	MAY BE CALCULATED AND ASSESSED IN THE AGGREGATE BY STATISTICAL16
	555	+	OR SAMPLING METHODS , BY THE COMPUTATION OF ILLEGAL17
	556	+	OVERCHARGES, OR BY SUCH OTHER REASONABLE SYSTEM OF ESTIMATING18
	557	+	AGGREGATE DAMAGES AS THE COURT IN ITS DISCRETION MAY PERMIT19
	558	+	WITHOUT REQUIRING SEPARATE PROOF OF ANY INDIVIDUAL CLAIM OF , OR20
	559	+	AMOUNT OF DAMAGES TO , EACH PERSON ON WHOSE BEHALF THE ACTION21
	560	+	WAS BROUGHT.22
570	561		6-4-118. Enforcement - criminal proceedings. (1) T
571		-	HE ATTORNEY
572		-	GENERAL SHALL PROSECUTE ALL CRIMINAL PROCEEDINGS FOR VIOLATIONS
573		-	OF THIS ARTICLE
574		-	4, WHETHER BY INDICTMENT OR DIRECT INFORMATION FILED
575		-	IN THE APPROPRIATE DISTRICT COURT
576		-	.
	562	+	HE23
	563	+	ATTORNEY GENERAL SHALL PROSECUTE ALL CRIMINAL PROCEEDINGS FOR24
	564	+	VIOLATIONS OF THIS ARTICLE 4, WHETHER BY INDICTMENT OR DIRECT25
	565	+	INFORMATION FILED IN THE APPROPRIATE DISTRICT COURT .26
577	566		(2) A
578		-	NY INDIVIDUAL WHO VIOLATES SECTION 6-4-104, 6-4-105, OR
579		-	~~6-4-106 COMMITS A CLASS 5 FELONY AND SHALL BE PUNISHED AS PROVIDED~~
580		-	~~IN SECTION~~
581		-	18-1.3-401.
	567	+	NY INDIVIDUAL WHO VIOLATES SECTION 6-4-104, 6-4-105, OR27
	568	+	1192
	569	+	-15- 6-4-106 COMMITS A CLASS 5 FELONY AND SHALL BE PUNISHED AS1
	570	+	PROVIDED IN SECTION 18-1.3-401.2
582	571		(3) A
583		-	NY PERSON, OTHER THAN AN INDIVIDUAL OR A GOVERNMENTAL
584		-	OR PUBLIC ENTITY
585		-	, THAT VIOLATES SECTION 6-4-104, 6-4-105, OR 6-4-106
586		-	IS GUILTY OF A FELONY AND , UPON CONVICTION THEREOF , SHALL BE
587		-	PUNISHED BY A FINE OF NOT MORE THAN FIVE MILLION DOLLARS
588		-	.
589		-	PAGE 12-HOUSE BILL 23-1192 6-4-119. Statute of limitations. (1) A NY CIVIL ACTION COMMENCED
590		-	PURSUANT TO THIS ARTICLE
591		-	4 MUST BE BROUGHT WITHIN FOUR YEARS AFTER
592		-	THE DATE THAT THE CAUSE OF ACTION ACCRUED
593		-	. FOR PURPOSES OF THIS
594		-	ARTICLE
595		-	4, A CAUSE OF ACTION ACCRUES:
	572	+	NY PERSON, OTHER THAN AN INDIVIDUAL OR A3
	573	+	GOVERNMENTAL OR PUBLIC ENTITY , THAT VIOLATES SECTION 6-4-104,4
	574	+	6-4-105,
	575	+	OR 6-4-106 IS GUILTY OF A FELONY AND, UPON CONVICTION5
	576	+	THEREOF, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN FIVE MILLION6
	577	+	DOLLARS.7
	578	+	6-4-119. Statute of limitations. (1)
	579	+	ANY CIVIL ACTION8
	580	+	COMMENCED PURSUANT TO THIS ARTICLE 4 MUST BE BROUGHT WITHIN9
	581	+	FOUR YEARS AFTER THE DATE THAT THE CAUSE OF ACTION ACCRUED . FOR10
	582	+	PURPOSES OF THIS ARTICLE 4, A CAUSE OF ACTION ACCRUES:11
596	583		(a) W
597		-	HEN THE CIRCUMSTANCES GIVING RISE TO THE CAUSE OF
598		-	ACTION ARE DISCOVERED OR SHOULD HAVE BEEN DISCOVERED IN THE
599		-	EXERCISE OF REASONABLE DILIGENCE
600		-	; OR
601		-	(b) ON THE DATE THAT THE LAST IN A SERIES OF ACTS OR PRACTICES
602		-	IN VIOLATION OF THIS ARTICLE
603		-	4 OCCURRED, INCLUDING ANY ACQUISITIONS
604		-	OR SERIES OF ACQUISITIONS THAT
605		-	, IN THE AGGREGATE, MAY CONSTITUTE A
606		-	VIOLATION OF THIS ARTICLE
607		-	4.
	584	+	HEN THE CIRCUMSTANCES GIVING RISE TO THE CAUSE OF12
	585	+	ACTION ARE DISCOVERED OR SHOULD HAVE BEEN DISCOVERED IN THE13
	586	+	EXERCISE OF REASONABLE DILIGENCE ; OR14
	587	+	(b) O
	588	+	N THE DATE THAT THE LAST IN A SERIES OF ACTS OR15
	589	+	PRACTICES IN VIOLATION OF THIS ARTICLE 4 OCCURRED, INCLUDING ANY16
	590	+	ACQUISITIONS OR SERIES OF ACQUISITIONS THAT, IN THE AGGREGATE, MAY17
	591	+	CONSTITUTE A VIOLATION OF THIS ARTICLE 4.18
608	592		(2) A
609		-	NY CRIMINAL PROCEEDING BROUGHT PURSUANT TO THIS
610		-	ARTICLE
611		-	4 MUST BE COMMENCED WITHIN SIX YEARS AFTER THE ALLEGED
612		-	CRIMINAL ACT OCCURRED
613		-	.
	593	+	NY CRIMINAL PROCEEDING BROUGHT PURSUANT TO THIS19
	594	+	ARTICLE 4 MUST BE COMMENCED WITHIN SIX YEARS AFTER THE ALLEGED20
	595	+	CRIMINAL ACT OCCURRED.21
614	596		(3) I
615		-	F THE ATTORNEY GENERAL COMMENCES A PROCEEDING OR
616		-	ACTION FOR ANY VIOLATION OF THIS ARTICLE
617		-	4, THE RUNNING OF THE
618		-	STATUTE OF LIMITATIONS WITH RESPECT TO EVERY CAUSE OF ACTION THAT
619		-	IS BASED IN WHOLE OR IN PART ON ANY MATTER COMPLAINED OF IN THE
620		-	PROCEEDING OR ACTION IS SUSPENDED DURING THE PENDENCY OF THE
621		-	PROCEEDING OR ACTION AND FOR ONE YEAR AFTER THE CONCLUSION OF THE
622		-	PROCEEDING OR ACTION
623		-	.
	597	+	F THE ATTORNEY GENERAL COMMENCES A PROCEEDING OR22
	598	+	ACTION FOR ANY VIOLATION OF THIS ARTICLE 4, THE RUNNING OF THE23
	599	+	STATUTE OF LIMITATIONS WITH RESPECT TO EVERY CAUSE OF ACTION THAT24
	600	+	IS BASED IN WHOLE OR IN PART ON ANY MATTER COMPLAINED OF IN THE25
	601	+	PROCEEDING OR ACTION IS SUSPENDED DURING THE PENDENCY OF THE26
	602	+	PROCEEDING OR ACTION AND FOR ONE YEAR AFTER THE CONCLUSION OF27
	603	+	1192
	604	+	-16- THE PROCEEDING OR ACTION.1
624	605		(4) W
625		-	HENEVER ANY CIVIL OR CRIMINAL PROCEEDING IS BROUGHT BY
626		-	THE
627		-	UNITED STATES TO PREVENT, RESTRAIN, OR PUNISH VIOLATIONS OF ANY
628		-	FEDERAL ANTITRUST LAWS
629		-	, THE RUNNING OF THE STATUTE OF LIMITATIONS
630		-	WITH RESPECT TO ANY ACTION UNDER THIS ARTICLE
631		-	4 THAT IS BASED IN
632		-	WHOLE OR IN PART ON ANY MATTER COMPLAINED OF IN THE FEDERAL
633		-	PROCEEDING IS SUSPENDED DURING THE PENDENCY OF THE FEDERAL
634		-	PROCEEDING AND FOR ONE YEAR AFTER THE CONCLUSION OF THE FEDERAL
635		-	PROCEEDING
636		-	.
637		-	(5) E
638		-	XCEPT AS EXPRESSLY PROVIDED IN SUBSECTIONS (1) AND (2) OF
639		-	THIS SECTION
640		-	, NO OTHER LIMITATION TERMINATES THE PERIOD WITHIN
641		-	WHICH THE ATTORNEY GENERAL MAY FILE AN ACTION FOR A VIOLATION OF
642		-	THIS ARTICLE
643		-	4.
644		-	PAGE 13-HOUSE BILL 23-1192 6-4-120. Remedies - cumulative. T HE REMEDIES PROVIDED IN THIS
645		-	ARTICLE
646		-	4 ARE CUMULATIVE EXCEPT AS OTHERWISE EXPRESSLY LIMITED .
	606	+	HENEVER ANY CIVIL OR CRIMINAL PROCEEDING IS BROUGHT2
	607	+	BY THE UNITED STATES TO PREVENT, RESTRAIN, OR PUNISH VIOLATIONS3
	608	+	OF ANY FEDERAL ANTITRUST LAWS , THE RUNNING OF THE STATUTE OF4
	609	+	LIMITATIONS WITH RESPECT TO ANY ACTION UNDER THIS ARTICLE 4 THAT5
	610	+	IS BASED IN WHOLE OR IN PART ON ANY MATTER COMPLAINED OF IN THE6
	611	+	FEDERAL PROCEEDING IS SUSPENDED DURING THE PENDENCY OF THE7
	612	+	FEDERAL PROCEEDING AND FOR ONE YEAR AFTER THE CONCLUSION OF THE8
	613	+	FEDERAL PROCEEDING.9 (5) EXCEPT AS EXPRESSLY PROVIDED IN SUBSECTIONS (1) AND (2)10
	614	+	OF THIS SECTION, NO OTHER LIMITATION TERMINATES THE PERIOD WITHIN11
	615	+	WHICH THE ATTORNEY GENERAL MAY FILE AN ACTION FOR A VIOLATION OF12
	616	+	THIS ARTICLE 4.13
	617	+	6-4-120. Remedies - cumulative. T
	618	+	HE REMEDIES PROVIDED IN14
	619	+	THIS ARTICLE 4 ARE CUMULATIVE EXCEPT AS OTHERWISE EXPRESSLY15
	620	+	LIMITED.16
647	621		6-4-121. Void contracts - refund. (1) A
648		-	NY CONTRACT OR
649		-	AGREEMENT THAT A PERSON MAKES WHILE A MEMBER OF ANY
650		-	COMBINATION
651		-	, CONSPIRACY, TRUST, OR POOL PROHIBITED UNDER THIS
652		-	ARTICLE
653		-	4 THAT IS FOUNDED UPON, IS THE RESULT OF, GROWS OUT OF, OR IS
654		-	CONNECTED WITH ANY VIOLATION OF THIS ARTICLE
655		-	4, EITHER DIRECTLY OR
656		-	INDIRECTLY
657		-	, IS VOID, AND THE PERSON MAY NOT RECOVER BASED ON OR
658		-	BENEFIT FROM THE CONTRACT OR AGREEMENT
659		-	.
	622	+	NY CONTRACT OR17
	623	+	AGREEMENT THAT A PERSON MAKES WHILE A MEMBER OF ANY18
	624	+	COMBINATION, CONSPIRACY, TRUST, OR POOL PROHIBITED UNDER THIS19
	625	+	ARTICLE 4 THAT IS FOUNDED UPON, IS THE RESULT OF, GROWS OUT OF, OR20
	626	+	IS CONNECTED WITH ANY VIOLATION OF THIS ARTICLE 4, EITHER DIRECTLY21
	627	+	OR INDIRECTLY, IS VOID, AND THE PERSON MAY NOT RECOVER BASED ON22
	628	+	OR BENEFIT FROM THE CONTRACT OR AGREEMENT .23
660	629		(2) A
661		-	NY PAYMENTS MADE UPON , UNDER, OR PURSUANT TO A
662		-	CONTRACT OR AGREEMENT FOR THE BENEFIT OF A PERSON THAT IS A
663		-	MEMBER OF ANY COMBINATION
664		-	, CONSPIRACY, TRUST, OR POOL PROHIBITED
665		-	UNDER THIS ARTICLE
666		-	4 MAY BE RECOVERED IN AN ACTION BROUGHT BY THE
667		-	PARTY MAKING THE PAYMENTS OR BY THE PARTY
668		-	'S HEIRS, PERSONAL
669		-	REPRESENTATIVES
670		-	, OR ASSIGNS.
	630	+	NY PAYMENTS MADE UPON , UNDER, OR PURSUANT TO A24
	631	+	CONTRACT OR AGREEMENT FOR THE BENEFIT OF A PERSON THAT IS A25
	632	+	MEMBER OF ANY COMBINATION , CONSPIRACY, TRUST, OR POOL PROHIBITED26
	633	+	UNDER THIS ARTICLE 4 MAY BE RECOVERED IN AN ACTION BROUGHT BY27
	634	+	1192
	635	+	-17- THE PARTY MAKING THE PAYMENTS OR BY THE PARTY 'S HEIRS, PERSONAL1
	636	+	REPRESENTATIVES, OR ASSIGNS.2
671	637		6-4-122. Severability. I
672		-	F ANY PROVISION OF THIS ARTICLE 4 OR THE
673		-	APPLICATION OF THIS ARTICLE
674		-	4 TO ANY PERSON OR CIRCUMSTANCES IS HELD
675		-	INVALID
676		-	, THAT INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR
677		-	APPLICATIONS OF THIS ARTICLE
678		-	4 THAT CAN BE GIVEN EFFECT WITHOUT THE
679		-	INVALID PROVISION OR APPLICATION
680		-	.
681		-	SECTION 3. In Colorado Revised Statutes, 24-21-626, amend (1)
682		-	as follows:
683		-	24-21-626. Unfair trade practices. (1) The provisions of the
	638	+	F ANY PROVISION OF THIS ARTICLE 4 OR3
	639	+	THE APPLICATION OF THIS ARTICLE 4 TO ANY PERSON OR CIRCUMSTANCES4
	640	+	IS HELD INVALID, THAT INVALIDITY DOES NOT AFFECT OTHER PROVISIONS5
	641	+	OR APPLICATIONS OF THIS ARTICLE 4 THAT CAN BE GIVEN EFFECT WITHOUT6
	642	+	THE INVALID PROVISION OR APPLICATION.7
	643	+	SECTION 3.
	644	+	In Colorado Revised Statutes, 24-21-626, amend8
	645	+	(1) as follows:9
	646	+	24-21-626. Unfair trade practices. (1) The provisions of the10
684	647		"Unfair Practices Act", article 2 of title 6, and the "Colorado S
685		-	~~TATE~~
	648	+	TATE11
686	649		Antitrust Act of 1992
687		-	2023", article 4 of title 6, are specifically applicable
688		-	to charitable gaming activities conducted by any licensee. Within thirty days
689		-	after receiving a complaint alleging a violation of either of said
690		-	THE acts,
691		-	the licensing authority shall transmit such THE complaint to the attorney
692		-	general.
693		-	SECTION 4. In Colorado Revised Statutes, 24-31-101, amend
694		-	(1)(i)(I) as follows:
695		-	24-31-101. Powers and duties of attorney general. (1) The
696		-	attorney general:
697		-	PAGE 14-HOUSE BILL 23-1192 (i) May independently initiate and bring civil and criminal actions
698		-	to enforce state laws, including actions brought pursuant to:
	650	+	2023", article 4 of title 6, are specifically applicable12
	651	+	to charitable gaming activities conducted by any licensee. Within thirty13
	652	+	days after receiving a complaint alleging a violation of either of said THE14
	653	+	acts, the licensing authority shall transmit such THE complaint to the15
	654	+	attorney general.16
	655	+	SECTION 4. In Colorado Revised Statutes, 24-31-101, amend17
	656	+	(1)(i)(I) as follows:18
	657	+	24-31-101. Powers and duties of attorney general. (1) The19
	658	+	attorney general:20
	659	+	(i) May independently initiate and bring civil and criminal actions21
	660	+	to enforce state laws, including actions brought pursuant to:22
699	661		(I) The "Colorado Antitrust Act of 1992"
700		-	OR THE "COLORADO STATE
701		-	ANTITRUST ACT OF 2023", article 4 of title 6;
702		-	SECTION 5. In Colorado Revised Statutes, amend 25-17-410 as
703		-	follows:
704		-	25-17-410. Limited exemption from antitrust, restraint of trade,
705		-	and unfair trade practices provisions. If a producer or group of producers
706		-	participating in a paint stewardship program or a stewardship organization
707		-	contracted by one or more producers to implement a paint stewardship
708		-	program engages in an activity performed solely in furtherance of
709		-	implementing the paint stewardship program and in compliance with the
710		-	provisions of this part 4, the activity is not a violation of the antitrust,
711		-	restraint of trade, and unfair trade practices provisions of the "Unfair
712		-	Practices Act", article 2 of title 6, C.R.S.,
713		-	or the "Colorado STATE Antitrust
714		-	Act of 1992 2023", article 4 of title 6. C.R.S.
715		-	SECTION 6. In Colorado Revised Statutes, amend 25-17-711 as
716		-	follows:
717		-	25-17-711. Limited exemption from antitrust, restraint of trade,
718		-	and unfair trade practices provisions. If the program or any other plan
719		-	approved by the executive director pursuant to this part 7 engages in an
720		-	activity performed solely in furtherance of implementing the program or
721		-	plan and in compliance with this part 7, the activity is not a violation of the
722		-	antitrust, restraint of trade, and unfair trade practices provisions of the
723		-	"Unfair Practices Act", article 2 of title 6, or the "Colorado S
724		-	TATE Antitrust
725		-	Act of 1992
726		-	2023", article 4 of title 6.
727		-	SECTION 7. Applicability. This act applies to conduct occurring
728		-	on or after the effective date of this act.
729		-	SECTION 8. Safety clause. The general assembly hereby finds,
730		-	PAGE 15-HOUSE BILL 23-1192 determines, and declares that this act is necessary for the immediate
731		-	preservation of the public peace, health, or safety.
732		-	____________________________ ____________________________
733		-	Julie McCluskie Steve Fenberg
734		-	SPEAKER OF THE HOUSE PRESIDENT OF
735		-	OF REPRESENTATIVES THE SENATE
736		-	____________________________ ____________________________
737		-	Robin Jones Cindi L. Markwell
738		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
739		-	OF REPRESENTATIVES THE SENATE
740		-	APPROVED________________________________________
741		-	(Date and Time)
742		-	_________________________________________
743		-	Jared S. Polis
744		-	GOVERNOR OF THE STATE OF COLORADO
745		-	PAGE 16-HOUSE BILL 23-1192
	662	+	OR THE "COLORADO23
	663	+	S
	664	+	TATE ANTITRUST ACT OF 2023", article 4 of title 6;24
	665	+	SECTION 5.
	666	+	In Colorado Revised Statutes, amend 25-17-410 as25
	667	+	follows:26
	668	+	25-17-410. Limited exemption from antitrust, restraint of27
	669	+	1192
	670	+	-18- trade, and unfair trade practices provisions. If a producer or group of1
	671	+	producers participating in a paint stewardship program or a stewardship2
	672	+	organization contracted by one or more producers to implement a paint3
	673	+	stewardship program engages in an activity performed solely in4
	674	+	furtherance of implementing the paint stewardship program and in5
	675	+	compliance with the provisions of this part 4, the activity is not a6
	676	+	violation of the antitrust, restraint of trade, and unfair trade practices7
	677	+	provisions of the "Unfair Practices Act", article 2 of title 6, C.R.S., or the8
	678	+	"Colorado S
	679	+	TATE Antitrust Act of 1992
	680	+	2023", article 4 of title 6. C.R.S.9
	681	+	SECTION 6. In Colorado Revised Statutes, amend 25-17-711 as10
	682	+	follows:11
	683	+	25-17-711. Limited exemption from antitrust, restraint of12
	684	+	trade, and unfair trade practices provisions. If the program or any13
	685	+	other plan approved by the executive director pursuant to this part 714
	686	+	engages in an activity performed solely in furtherance of implementing15
	687	+	the program or plan and in compliance with this part 7, the activity is not16
	688	+	a violation of the antitrust, restraint of trade, and unfair trade practices17
	689	+	provisions of the "Unfair Practices Act", article 2 of title 6, or the18
	690	+	"Colorado S
	691	+	TATE Antitrust Act of 1992
	692	+	2023", article 4 of title 6.19
	693	+	SECTION 7. Applicability. This act applies to conduct occurring20
	694	+	on or after the effective date of this act.21
	695	+	SECTION 8. Safety clause. The general assembly hereby finds,22
	696	+	determines, and declares that this act is necessary for the immediate23
	697	+	preservation of the public peace, health, or safety.24
	698	+	1192
	699	+	-19-