Colorado 2024 Regular Session

Colorado House Bill HB1356 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second 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. 24-1041.01 Christopher McMichael x4775
1	8		HOUSE BILL 24-1356
2		-	~~BY REPRESENTATIVE(S) Herod,~~ ~~Amabile, Bacon, Boesenecker, Brown,~~
3		-	~~English~~, ~~Jodeh~~, ~~Kipp, Lindsay, Lindstedt, Willford;~~
4		-	~~also SENATOR(S) Mullica,~~ ~~Buckner, Cutter, Michaelson Jenet, Priola.~~
	9	+	House Committees Senate Committees
	10	+	Business Affairs & Labor Business, Labor, & Technology
	11	+	A BILL FOR AN ACT
5	12		C
6		-	ONCERNING PROHIBITING THE SALE OF ELECTRONIC SMOKING DEVICES TO
7		-	MINORS
8		-	, AND, IN CONNECTION THEREWITH, ESTABLISHING THE SALE
9		-	OF ELECTRONIC SMOKING DEVICES TO MINORS AS A DECEPTIVE TRADE
10		-	PRACTICE
11		-	.
12		-	Be it enacted by the General Assembly of the State of Colorado:
13		-	SECTION 1. In Colorado Revised Statutes, 6-1-102, amend (10)
14		-	as follows:
15		-	6-1-102. Definitions. As used in this article 1, unless the context
16		-	otherwise requires:
17		-	(10) "Sale" means any sale, offer for sale, or attempt to sell any real
18		-	or personal PRODUCT, GOOD, OR property for any consideration.
19		-	SECTION 2. In Colorado Revised Statutes, 6-1-105, amend
20		-	(1)(cccc) and (4) as follows:
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. 6-1-105. Unfair or deceptive trade practices - definitions. (1) A
29		-	person engages in a deceptive trade practice when, in the course of the
30		-	person's business, vocation, or occupation, the person:
31		-	(cccc) Sells or offers for sale a product
32		-	OR ELECTRONIC SMOKING
33		-	DEVICE
34		-	that is age-restricted to a person who does not meet the age
35		-	restriction; or
36		-	(4) For purposes of
37		-	AS USED IN this section, UNLESS THE CONTEXT
38		-	OTHERWISE REQUIRES
39		-	:
40		-	(a) "E
41		-	LECTRONIC SMOKING DEVICE" HAS THE MEANING SET FORTH IN
42		-	SECTION
43		-	25-14-203 (4.5).
44		-	(b) "Recklessly" means a reckless disregard for the truth or falsity
45		-	of a statement or advertisement.
46		-	SECTION 3. Safety clause. The general assembly finds,
47		-	determines, and declares that this act is necessary for the immediate
48		-	preservation of the public peace, health, or safety or for appropriations for
49		-	PAGE 2-HOUSE BILL 24-1356 the support and maintenance of the departments of the state and state
50		-	institutions.
51		-	____________________________ ____________________________
52		-	Julie McCluskie Steve Fenberg
53		-	SPEAKER OF THE HOUSE PRESIDENT OF
54		-	OF REPRESENTATIVES THE SENATE
55		-	____________________________ ____________________________
56		-	Robin Jones Cindi L. Markwell
57		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
58		-	OF REPRESENTATIVES THE SENATE
59		-	APPROVED________________________________________
60		-	(Date and Time)
61		-	_________________________________________
62		-	Jared S. Polis
63		-	GOVERNOR OF THE STATE OF COLORADO
64		-	PAGE 3-HOUSE BILL 24-1356
	13	+	ONCERNING PROHIBITING THE SALE OF ELECTRONIC SMOKING101
	14	+	DEVICES TO MINORS, AND, IN CONNECTION THEREWITH,102
	15	+	ESTABLISHING THE SALE OF ELECTRONIC SMOKING DEVICES TO103
	16	+	MINORS AS A DECEPTIVE TRADE PRACTICE .104
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	The bill amends the "Colorado Consumer Protection Act" to make
	25	+	the sale of electronic smoking devices that have not received
	26	+	authorization by the federal food and drug administration (FDA) an unfair
	27	+	SENATE
	28	+	3rd Reading Unamended
	29	+	May 4, 2024
	30	+	SENATE
	31	+	2nd Reading Unamended
	32	+	May 3, 2024
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	April 17, 2024
	36	+	HOUSE
	37	+	Amended 2nd Reading
	38	+	April 16, 2024
	39	+	HOUSE SPONSORSHIP
	40	+	Herod, Amabile, Bacon, Boesenecker, Brown, English, Jodeh, Kipp, Lindsay, Lindstedt,
	41	+	Willford
	42	+	SENATE SPONSORSHIP
	43	+	Mullica, Buckner, Cutter, Michaelson Jenet, Priola
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. or deceptive trade practice.
	47	+	To sell electronic smoking devices in the state, the bill requires a
	48	+	manufacturer of electronic smoking devices to be authorized by the FDA.
	49	+	The attorney general must compile and maintain a directory of all
	50	+	manufacturers and electronic smoking devices that have been authorized
	51	+	by the FDA. Retailers, distributors, wholesalers, or other intermediary
	52	+	entities are not permitted to sell electronic smoking devices that do not
	53	+	have FDA authorization and do not appear in the directory, and violations
	54	+	of the bill are subject to civil penalties under the "Colorado Consumer
	55	+	Protection Act".
	56	+	Be it enacted by the General Assembly of the State of Colorado:1
	57	+	SECTION 1. In Colorado Revised Statutes, 6-1-102, amend (10)2
	58	+	as follows:3
	59	+	6-1-102. Definitions. As used in this article 1, unless the context4
	60	+	otherwise requires:5
	61	+	(10) "Sale" means any sale, offer for sale, or attempt to sell any6
	62	+	real or personal PRODUCT, GOOD, OR property for any consideration.7
	63	+	SECTION 2. In Colorado Revised Statutes, 6-1-105, amend8
	64	+	(1)(cccc) and (4) as follows:9
	65	+	6-1-105. Unfair or deceptive trade practices - definitions.10
	66	+	(1) A person engages in a deceptive trade practice when, in the course of11
	67	+	the person's business, vocation, or occupation, the person:12
	68	+	(cccc) Sells or offers for sale a product OR ELECTRONIC SMOKING13
	69	+	DEVICE that is age-restricted to a person who does not meet the age14
	70	+	restriction; or15
	71	+	(4) For purposes of AS USED IN this section, UNLESS THE CONTEXT16
	72	+	OTHERWISE REQUIRES:17
	73	+	(a) "ELECTRONIC SMOKING DEVICE" HAS THE MEANING SET FORTH18
	74	+	IN SECTION 25-14-203 (4.5).19
	75	+	(b) "Recklessly" means a reckless disregard for the truth or falsity20
	76	+	1356-2- of a statement or advertisement.1
	77	+	SECTION 3. Safety clause. The general assembly finds,2
	78	+	determines, and declares that this act is necessary for the immediate3
	79	+	preservation of the public peace, health, or safety or for appropriations for4
	80	+	the support and maintenance of the departments of the state and state5
	81	+	institutions.6
	82	+	1356
	83	+	-3-