SENATE BILL 24-066
BY SENATOR(S) Sullivan, Bridges, Buckner, Coleman, Cutter, Danielson,
Exum, Fields, Gonzales, Hansen, Jaquez Lewis, Kolker, Michaelson Jenet,
Rodriguez, Winter F., Fenberg;
also REPRESENTATIVE(S) Froelich and Mabrey, Amabile, Bacon,
Boesenecker, Brown, Daugherty, deGruy Kennedy, Epps, Garcia, Hamrick,
Hernandez, Herod, Jodeh, Joseph, Kipp, Lindsay, Lindstedt, McCormick,
Ortiz, Rutinel, Story, Weissman, Woodrow.
C
ONCERNING A REQUIREMENT THAT CERTAIN BUSINESSES WITH
RELATIONSHIPS WITH FIREARMS MERCHANTS USE THE APPROPRIATE
MERCHANT CATEGORY CODE
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 2 to article 27
of title 6 as follows:
PART 2
PAYMENT PROCESSING FOR
RETAIL SALES OF FIREARMS
6-27-201. Definitions. A
S USED IN THIS PART 2, UNLESS THE
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. CONTEXT OTHERWISE REQUIRES :
(1) "A
TTORNEY GENERAL" INCLUDES AN ATTORNEY GENERAL 'S
DESIGNEE ACTING WITHIN THE SCOPE OF THE DESIGNEE
'S DUTIES AS AN
EMPLOYEE OF THE ATTORNEY GENERAL
'S OFFICE.
(2) "F
IREARM" HAS THE MEANING SET FORTH IN SECTION 18-1-901
(3)(h).
(3) "F
IREARM ACCESSORY" MEANS A DEVICE DESIGNED OR ADAPTED
TO BE INSERTED INTO
, ATTACHED TO, OR USED WITH A FIREARM IF THE
DEVICE ALTERS
:
(a) T
HE FIRING CAPABILITIES OF THE FIREARM;
(b) T
HE LETHALITY OF THE FIREARM; OR
(c) THE SHOOTER'S ABILITY TO HOLD OR USE THE FIREARM.
(4) "F
IREARMS MERCHANT" MEANS A BUSINESS THAT:
(a) I
S PHYSICALLY LOCATED IN COLORADO;
(b) A
CQUIRES AND SELLS FIREARMS, FIREARM ACCESSORIES, AND
FIREARM AMMUNITION WITH THE INTENTION OF MAKING A PROFIT
; AND
(c) HAS ITS HIGHEST GROSS REVENUE OR EXPECTED GROSS REVENUE
FROM THE COMBINED SALE IN
COLORADO OF FIREARMS , FIREARM
ACCESSORIES
, OR FIREARM AMMUNITION, AS STATED BY THE BUSINESS TO ITS
MERCHANT ACQUIRER IN THE ORDINARY COURSE OF BUSINESS
.
(5) "M
ERCHANT ACQUIRER" MEANS A PERSON WITH A RELATIONSHIP
WITH A MERCHANT FOR THE PURPOSES OF PROCESSING CREDIT
, DEBIT, OR
PREPAID TRANSACTIONS
.
(6) "M
ERCHANT CATEGORY CODE FOR FIREARMS " OR "CODE" MEANS
THE MERCHANT CATEGORY CODE FOR FIREARMS AND AMMUNITION
BUSINESSES ESTABLISHED BY THE
INTERNATIONAL ORGANIZATION FOR
STANDARDIZATION ON SEPTEMBER 9, 2022.
PAGE 2-SENATE BILL 24-066 (7) "PAYMENT CARD NETWORK " MEANS A PERSON THAT PROVIDES
SERVICES TO ROUTE TRANSACTIONS BETWEEN BANK PARTICIPANTS TO
CONDUCT DEBIT
, CREDIT, OR PREPAID TRANSACTIONS FOR THE PURPOSES OF
AUTHORIZATION
, CLEARANCE, OR SETTLEMENT.
6-27-202. Payment card network - merchant category code. O
N
AND AFTER
SEPTEMBER 1, 2024, A PAYMENT CARD NETWORK SHALL MAKE
THE MERCHANT CATEGORY CODE FOR FIREARMS AVAILABLE FOR MERCHANT
ACQUIRERS THAT PROVIDE PAYMENT SERVICES FOR FIREARMS MERCHANTS
.
6-27-203. Merchant acquirer - merchant category. E
FFECTIVE
MAY 1, 2025, A MERCHANT ACQUIRER SHALL ASSIGN THE MERCHANT
CATEGORY CODE FOR FIREARMS TO EACH FIREARMS MERCHANT TO WHICH
THE MERCHANT ACQUIRER PROVIDES SERVICES
.
6-27-204. Waivers void. A
CONTRACTUAL WAIVER OF THIS PART 2
IS VOID BECAUSE THE WAIVER IS CONTRARY TO PUBLIC POLICY .
6-27-205. Attorney general - exclusive enforcement authority.
T
HE ATTORNEY GENERAL HAS EXCLUSIVE AUTHORITY TO ENFORCE THIS
PART
2, WHICH DOES NOT GRANT ANY OTHER PERSON AUTHORITY TO BRING
A CIVIL ACTION TO ENFORCE THIS PART
2 OR SEEK DAMAGES AS A RESULT OF
A VIOLATION OF THIS PART
2.
6-27-206. Enforcement. (1) N
OT FEWER THAN FORTY-FIVE DAYS
BEFORE BRINGING AN ACTION UNDER SUBSECTION
(3) OF THIS SECTION, THE
ATTORNEY GENERAL MUST NOTIFY IN WRITING THE PERSON ALLEGED TO BE
IN VIOLATION OF THIS PART
2. A COURT SHALL DISMISS, WITHOUT PREJUDICE,
AN ACTION UNTIL THE ATTORNEY GENERAL HAS COMPLIED WITH THIS
SUBSECTION
(1). THE NOTICE MUST CONTAIN:
(a) E
ACH SPECIFIC PROVISION OF THIS PART 2 THAT IS ALLEGED TO
HAVE BEEN VIOLATED
; AND
(b) THE ACTS OR OMISSIONS THAT ARE ALLEGED TO HAVE VIOLATED
EACH PROVISION DESCRIBED IN SUBSECTION
(1)(a) OF THIS SECTION.
(2) T
HE ATTORNEY GENERAL SHALL NOT BRING AN ACTION UNDER
THIS SECTION IF THE PERSON THAT RECEIVES THE NOTICE DESCRIBED IN
SUBSECTION
(1) OF THIS SECTION:
PAGE 3-SENATE BILL 24-066 (a) CURES THE DESCRIBED VIOLATION WITHIN THIRTY DAYS AFTER
RECEIVING THE NOTICE
;
(b) P
ROVIDES THE ATTORNEY GENERAL A WRITTEN STATEMENT ,
MADE UNDER PENALTY OF PERJURY , THAT THE PERSON HAS:
(I) C
URED THE VIOLATION; AND
(II) MADE ANY NECESSARY C HANGES TO THE PERSON 'S INTERNAL
POLICIES TO PREVENT FUTURE VIOLATIONS OF THIS SECTION
; AND
(c) PROVIDES ANY NECESSARY SUPPORTING DOCUMENTATION THAT
SHOWS HOW THE VIOLATION WAS CURED
.
(3) A
PERSON THAT VIOLATES THIS PART 2 AND DOES NOT CURE THE
VIOLATION IN ACCORDANCE WITH SUBSECTIONS
(2)(a) TO (2)(c) OF THIS
SECTION IS SUBJECT TO THE FOLLOWING AND THE ATTORNEY GENERAL MAY
FILE AN ACTION SEEKING
:
(a) A
CIVIL PENALTY OF UP TO TEN THOUSAND DOLLARS FOR EACH
VIOLATION
; OR
(b) AN INJUNCTION OR EQUITABLE RELIEF THAT PREVENTS A
FURTHER VIOLATION OF THIS PART
2.
(4) I
F THE ATTORNEY GENERAL PREVAILS IN AN ACTION BROUGHT
PURSUANT TO THIS PART
2, A COURT MAY ISSUE AN ORDER REQUIRING THE
VIOLATOR TO PAY REASONABLE ATTORNEY FEES AND COSTS INCURRED IN
BRINGING THE ACTION
.
SECTION 2. In Colorado Revised Statutes, add 11-30-127 as
follows:
11-30-127. Merchant code for firearms. A
PAYMENT CARD
NETWORK
, AS DEFINED IN SECTION 6-27-201 (7), OR A MERCHANT ACQUIRER,
AS DEFINED IN SECTION 6-27-201 (5), SHALL COMPLY WITH PART 2 OF
ARTICLE
27 OF TITLE 6.
SECTION 3. In Colorado Revised Statutes, add 11-105-211 as
follows:
PAGE 4-SENATE BILL 24-066 11-105-211. Merchant code for firearms. A PAYMENT CARD
NETWORK
, AS DEFINED IN SECTION 6-27-201 (7), OR A MERCHANT ACQUIRER,
AS DEFINED IN SECTION 6-27-201 (5), SHALL COMPLY WITH PART 2 OF
ARTICLE
27 OF TITLE 6.
SECTION 4. In Colorado Revised Statutes, amend 6-27-101 as
follows:
6-27-101. Short title. The short title of this article 27
PART 1 is the
"Jessi Redfield Ghawi's Act For Gun Violence Victims' Access to Justice
and Firearms Industry Accountability".
SECTION 5. In Colorado Revised Statutes, 6-27-103, amend the
introductory portion as follows:
6-27-103. Definitions. As used in this article 27
PART 1, unless the
context otherwise requires:
SECTION 6. In Colorado Revised Statutes, 6-27-105, amend (1),
(2), (3)(a), (3)(d), and (4) as follows:
6-27-105. Cause of action for violations of standards of
responsible conduct. (1) A person or entity that has suffered harm as a
result of a firearm industry member's acts or omissions in knowing violation
of section 6-27-104 may bring a civil action pursuant to this article 27
PART
1 in a court of competent jurisdiction.
(2) The attorney general, or the attorney general's designee, may
bring a civil action in a court of competent jurisdiction to enforce this article
27 PART 1 and remedy harms caused by any acts or omissions in knowing
violation of section 6-27-104.
(3) In an action brought pursuant to this section, if the court
determines that a firearm industry member engaged in conduct in violation
of section 6-27-104, the court shall award just and appropriate relief, which
may include but is not limited to:
(a) Injunctive relief sufficient to prevent the firearm industry
member and any other defendant from further violating this article 27
PART
1;
PAGE 5-SENATE BILL 24-066 (d) Any other just and appropriate relief necessary to enforce this
article 27 PART 1 and remedy the harm caused by the violation.
(4) In an action brought pursuant to this article 27 PART 1, and
notwithstanding any intervening act by a third party, if a firearm industry
member's knowing violation of this article 27
PART 1 creates a reasonably
foreseeable risk that harm would occur, the firearm industry member's
violation is presumed to be the proximate cause of the harm suffered by the
plaintiff.
SECTION 7. In Colorado Revised Statutes, amend 6-27-106 as
follows:
6-27-106. Limitations. (1) Nothing in this article 27
PART 1 limits
or impairs in any way the right of the attorney general, or any person or
entity, to pursue a legal action pursuant to any other law, cause of action,
tort theory, or other authority.
(2) Nothing in this article 27
PART 1 limits or impairs in any way an
obligation or requirement placed on a firearm industry member by any other
authority.
(3) This article 27
PART 1 must be construed and applied in a manner
that is consistent with the requirements of the constitutions of Colorado and
the United States.
SECTION 8. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 6-SENATE BILL 24-066 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-SENATE BILL 24-066