Colorado 2024 Regular Session

Colorado Senate Bill SB066 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. 24-0076.01 Jery Payne x2157
1	8		SENATE BILL 24-066
2		-	BY SENATOR(S) Sullivan, Bridges, Buckner, Coleman, Cutter, Danielson,
3		-	Exum, Fields, Gonzales, Hansen, Jaquez Lewis, Kolker, Michaelson Jenet,
4		-	Rodriguez, Winter F., Fenberg;
5		-	also REPRESENTATIVE(S) Froelich and Mabrey, Amabile, Bacon,
6		-	Boesenecker, Brown, Daugherty, deGruy Kennedy, Epps, Garcia, Hamrick,
7		-	Hernandez, Herod, Jodeh, Joseph, Kipp, Lindsay, Lindstedt, McCormick,
8		-	Ortiz, Rutinel, Story, Weissman, Woodrow.
	9	+	Senate Committees House Committees
	10	+	Business, Labor, & Technology Business Affairs & Labor
	11	+	A BILL FOR AN ACT
9	12		C
10		-	ONCERNING A REQUIREMENT THAT CERTAIN BUSINESSES WITH
11		-	RELATIONSHIPS WITH FIREARMS MERCHANTS USE THE APPROPRIATE
12		-	MERCHANT CATEGORY CODE
13		-	.
14		-
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. In Colorado Revised Statutes, add part 2 to article 27
17		-	of title 6 as follows:
18		-	PART 2
19		-	PAYMENT PROCESSING FOR
20		-	RETAIL SALES OF FIREARMS
	13	+	ONCERNING A REQUIREMENT TH AT CERTAIN BUSINESSES WITH101
	14	+	RELATIONSHIPS WITH FIREARMS MERCHANTS USE THE102
	15	+	APPROPRIATE MERCHANT CATEGORY CODE .103
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	The bill requires certain networks that facilitate payment
	24	+	transactions to make the merchant category code for firearms and
	25	+	ammunition (code) available to merchant acquirers (processor) who
	26	+	process transactions for firearms merchants. A processor must assign the
	27	+	code to each firearms merchant to which the processor provides services.
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	April 8, 2024
	31	+	HOUSE
	32	+	2nd Reading Unamended
	33	+	April 3, 2024
	34	+	SENATE
	35	+	3rd Reading Unamended
	36	+	February 21, 2024
	37	+	SENATE
	38	+	Amended 2nd Reading
	39	+	February 20, 2024
	40	+	SENATE SPONSORSHIP
	41	+	Sullivan, Bridges, Buckner, Coleman, Cutter, Danielson, Exum, Fenberg, Fields, Gonzales,
	42	+	Hansen, Jaquez Lewis, Kolker, Michaelson Jenet, Rodriguez, Winter F.
	43	+	HOUSE SPONSORSHIP
	44	+	Froelich and Mabrey, Amabile, Bacon, Boesenecker, Brown, Daugherty, deGruy
	45	+	Kennedy, Epps, Garcia, Hamrick, Hernandez, Herod, Jodeh, Joseph, Kipp, Lindsay,
	46	+	Lindstedt, McCormick, Ortiz, Rutinel, Story, Weissman, Woodrow
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. The attorney general's office has exclusive authority to enforce the
	50	+	bill. Before bringing an enforcement action, the attorney general's office
	51	+	must notify in writing the person alleged to have violated the bill.
	52	+	Standards are set for the notice. A violator has 30 days to cure the
	53	+	violation in accordance with the standards in the bill.
	54	+	If a person violates the bill and does not cure the violation, the
	55	+	attorney general's office may bring an action to seek:
	56	+	! A civil penalty of up to $10,000 for each violation; or
	57	+	! An injunction or equitable relief that prevents a further
	58	+	violation.
	59	+	If the attorney general's office prevails in the action, a court may issue an
	60	+	order requiring the violator to pay reasonable attorney fees and costs
	61	+	incurred in bringing the action.
	62	+	Be it enacted by the General Assembly of the State of Colorado:1
	63	+	SECTION 1. In Colorado Revised Statutes, add part 2 to article2
	64	+	27 of title 6 as follows:3
	65	+	PART 24
	66	+	PAYMENT PROCESSING FOR5
	67	+	RETAIL SALES OF FIREARMS6
21	68		6-27-201. Definitions. A
22		-	S USED IN THIS PART 2, UNLESS THE
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. CONTEXT OTHERWISE REQUIRES :
	69	+	S USED IN THIS PART 2, UNLESS THE7
	70	+	CONTEXT OTHERWISE REQUIRES :8
31	71		(1) "A
32		-	TTORNEY GENERAL" INCLUDES AN ATTORNEY GENERAL 'S
33		-	DESIGNEE ACTING WITHIN THE SCOPE OF THE DESIGNEE
34		-	'S DUTIES AS AN
35		-	EMPLOYEE OF THE ATTORNEY GENERAL
36		-	'S OFFICE.
	72	+	TTORNEY GENERAL" INCLUDES AN ATTORNEY GENERAL 'S9
	73	+	DESIGNEE ACTING WITHIN THE SCOPE OF THE DESIGNEE 'S DUTIES AS AN10
	74	+	EMPLOYEE OF THE ATTORNEY GENERAL 'S OFFICE.11
37	75		(2) "F
38		-	IREARM" HAS THE MEANING SET FORTH IN SECTION 18-1-~~901~~
39		-	(3)(h).
	76	+	IREARM" HAS THE MEANING SET FORTH IN SECTION 18-1-90112
	77	+	(3)(h).13
40	78		(3) "F
41		-	IREARM ACCESSORY" MEANS A DEVICE DESIGNED OR ADAPTED
42		-	TO BE INSERTED INTO
43		-	, ATTACHED TO, OR USED WITH A FIREARM IF THE
44		-	DEVICE ALTERS
45		-	:
	79	+	IREARM ACCESSORY" MEANS A DEVICE DESIGNED OR14
	80	+	ADAPTED TO BE INSERTED INTO, ATTACHED TO, OR USED WITH A FIREARM15
	81	+	IF THE DEVICE ALTERS:16
46	82		(a) T
47		-	HE FIRING CAPABILITIES OF THE FIREARM;
	83	+	HE FIRING CAPABILITIES OF THE FIREARM;17
48	84		(b) T
49		-	HE LETHALITY OF THE FIREARM; OR
50		-	(c) THE SHOOTER'S ABILITY TO HOLD OR USE THE FIREARM.
	85	+	HE LETHALITY OF THE FIREARM; OR18
	86	+	066-2- (c) THE SHOOTER'S ABILITY TO HOLD OR USE THE FIREARM.1
51	87		(4) "F
52		-	IREARMS MERCHANT" MEANS A BUSINESS THAT:
	88	+	IREARMS MERCHANT" MEANS A BUSINESS THAT:2
53	89		(a) I
54	90		S PHYSICALLY LOCATED IN COLORADO;
	91	+	3
	92	+	(b) ACQUIRES AND SELLS FIREARMS, FIREARM ACCESSORIES, AND4
	93	+	FIREARM AMMUNITION WITH THE INTENTION OF MAKING A PROFIT ; AND5
	94	+	(c) HAS ITS HIGHEST GROSS REVENUE OR EXPECTED GROSS6
	95	+	REVENUE FROM THE COMBINED SALE IN COLORADO OF FIREARMS, FIREARM7
	96	+	ACCESSORIES, OR FIREARM AMMUNITION, AS STATED BY THE BUSINESS TO8
	97	+	ITS MERCHANT ACQUIRER IN THE ORDINARY COURSE OF BUSINESS .9
	98	+	(5) "M
	99	+	ERCHANT ACQUIRER " MEANS A PERSON WITH A10
	100	+	RELATIONSHIP WITH A MERCHANT FOR THE PURPOSES OF PROCESSING11
	101	+	CREDIT, DEBIT, OR PREPAID TRANSACTIONS.12
	102	+	(6) "M
	103	+	ERCHANT CATEGORY CODE FOR FIREARMS " OR "CODE"13
	104	+	MEANS THE MERCHANT CATEGORY CODE FOR FIREARMS AND AMMUNITION14
	105	+	BUSINESSES ESTABLISHED BY THE INTERNATIONAL ORGANIZATION FOR15
	106	+	S
	107	+	TANDARDIZATION ON SEPTEMBER 9, 2022.16
	108	+	(7) "P
	109	+	AYMENT CARD NETWORK " MEANS A PERSON THAT PROVIDES17
	110	+	SERVICES TO ROUTE TRANSACTIONS BETWEEN BANK PARTICIPANTS TO18
	111	+	CONDUCT DEBIT, CREDIT, OR PREPAID TRANSACTIONS FOR THE PURPOSES19
	112	+	OF AUTHORIZATION, CLEARANCE, OR SETTLEMENT.20
	113	+	6-27-202. Payment card network - merchant category code.21
	114	+	O
	115	+	N AND AFTER SEPTEMBER 1, 2024, A PAYMENT CARD NETWORK SHALL22
	116	+	MAKE THE MERCHANT CATEGORY CODE FOR FIREARMS AVAILABLE FOR23
	117	+	MERCHANT ACQUIRERS THAT PROVIDE PAYMENT SERVICES FOR FIREARMS24
	118	+	MERCHANTS.25
	119	+	6-27-203. Merchant acquirer - merchant category. E
	120	+	FFECTIVE26
	121	+	M
	122	+	AY 1, 2025, A MERCHANT ACQUIRER SHALL ASSIGN THE MERCHANT27
	123	+	066
	124	+	-3- CATEGORY CODE FOR FIREARMS TO EACH FIREARMS MERCHANT TO WHICH1
	125	+	THE MERCHANT ACQUIRER PROVIDES SERVICES .2
	126	+	6-27-204. Waivers void. A
	127	+	CONTRACTUAL WAIVER OF THIS PART3
	128	+	2
	129	+	IS VOID BECAUSE THE WAIVER IS CONTRARY TO PUBLIC POLICY .4
	130	+	6-27-205. Attorney general - exclusive enforcement authority.5
	131	+	T
	132	+	HE ATTORNEY GENERAL HAS EXCLUSIVE AUTHORITY TO ENFORCE THIS6
	133	+	PART 2, WHICH DOES NOT GRANT ANY OTHER PERSON AUTHORITY TO7
	134	+	BRING A CIVIL ACTION TO ENFORCE THIS PART 2 OR SEEK DAMAGES AS A8
	135	+	RESULT OF A VIOLATION OF THIS PART 2.9
	136	+	6-27-206. Enforcement. (1) N
	137	+	OT FEWER THAN FORTY-FIVE DAYS10
	138	+	BEFORE BRINGING AN ACTION UNDER SUBSECTION (3) OF THIS SECTION,11
	139	+	THE ATTORNEY GENERAL MUST NOTIFY IN WRITING THE PERSON ALLEGED12
	140	+	TO BE IN VIOLATION OF THIS PART 2. A COURT SHALL DISMISS, WITHOUT13
	141	+	PREJUDICE, AN ACTION UNTIL THE ATTORNEY GENERAL HAS COMPLIED14
	142	+	WITH THIS SUBSECTION (1). THE NOTICE MUST CONTAIN:15
	143	+	(a) E
	144	+	ACH SPECIFIC PROVISION OF THIS PART 2 THAT IS ALLEGED TO16
	145	+	HAVE BEEN VIOLATED; AND17
	146	+	(b) T
	147	+	HE ACTS OR OMISSIONS THAT ARE ALLEGED TO HAVE18
	148	+	VIOLATED EACH PROVISION DESCRIBED IN SUBSECTION (1)(a) OF THIS19
	149	+	SECTION.20
	150	+	(2) T
	151	+	HE ATTORNEY GENERAL SHALL NOT BRING AN ACTION UNDER21
	152	+	THIS SECTION IF THE PERSON THAT RECEIVES THE NOTICE DESCRIBED IN22
	153	+	SUBSECTION (1) OF THIS SECTION:23
	154	+	(a) C
	155	+	URES THE DESCRIBED VIOLATION WITHIN THIRTY DAYS AFTER24
	156	+	RECEIVING THE NOTICE;25
	157	+	(b) P
	158	+	ROVIDES THE ATTORNEY GENERAL A WRITTEN STATEMENT ,26
	159	+	MADE UNDER PENALTY OF PERJURY , THAT THE PERSON HAS:27
	160	+	066
	161	+	-4- (I) CURED THE VIOLATION; AND1
	162	+	(II) M
	163	+	ADE ANY NECESSARY CHANGES TO THE PERSON 'S INTERNAL2
	164	+	POLICIES TO PREVENT FUTURE VIOLATIONS OF THIS SECTION ; AND3
	165	+	(c) P
	166	+	ROVIDES ANY NECESSARY SUPPORTING DOCUMENTATION4
	167	+	THAT SHOWS HOW THE VIOLATION WAS CURED .5
	168	+	(3) A
	169	+	PERSON THAT VIOLATES THIS PART 2 AND DOES NOT CURE6
	170	+	THE VIOLATION IN ACCORDANCE WITH SUBSECTIONS (2)(a) TO (2)(c) OF7
	171	+	THIS SECTION IS SUBJECT TO THE FOLLOWING AND THE ATTORNEY8
	172	+	GENERAL MAY FILE AN ACTION SEEKING :9
	173	+	(a) A
	174	+	CIVIL PENALTY OF UP TO TEN THOUSAND DOLLARS FOR EACH10
	175	+	VIOLATION; OR11
55	176		(b) A
56		-	CQUIRES AND SELLS FIREARMS, FIREARM ACCESSORIES, AND
57		-	FIREARM AMMUNITION WITH THE INTENTION OF MAKING A PROFIT
58		-	; AND
59		-	(c) HAS ITS HIGHEST GROSS REVENUE OR EXPECTED GROSS REVENUE
60		-	FROM THE COMBINED SALE IN
61		-	COLORADO OF FIREARMS , FIREARM
62		-	ACCESSORIES
63		-	, OR FIREARM AMMUNITION, AS STATED BY THE BUSINESS TO ITS
64		-	MERCHANT ACQUIRER IN THE ORDINARY COURSE OF BUSINESS
65		-	.
66		-	(5) "M
67		-	ERCHANT ACQUIRER" MEANS A PERSON WITH A RELATIONSHIP
68		-	WITH A MERCHANT FOR THE PURPOSES OF PROCESSING CREDIT
69		-	, DEBIT, OR
70		-	PREPAID TRANSACTIONS
71		-	.
72		-	(6) "M
73		-	ERCHANT CATEGORY CODE FOR FIREARMS " OR "CODE" MEANS
74		-	THE MERCHANT CATEGORY CODE FOR FIREARMS AND AMMUNITION
75		-	BUSINESSES ESTABLISHED BY THE
76		-	INTERNATIONAL ORGANIZATION FOR
77		-	STANDARDIZATION ON SEPTEMBER 9, 2022.
78		-	PAGE 2-SENATE BILL 24-066 (7) "PAYMENT CARD NETWORK " MEANS A PERSON THAT PROVIDES
79		-	SERVICES TO ROUTE TRANSACTIONS BETWEEN BANK PARTICIPANTS TO
80		-	CONDUCT DEBIT
81		-	, CREDIT, OR PREPAID TRANSACTIONS FOR THE PURPOSES OF
82		-	AUTHORIZATION
83		-	, CLEARANCE, OR SETTLEMENT.
84		-	6-27-202. Payment card network - merchant category code. O
85		-	N
86		-	AND AFTER
87		-	SEPTEMBER 1, 2024, A PAYMENT CARD NETWORK SHALL MAKE
88		-	THE MERCHANT CATEGORY CODE FOR FIREARMS AVAILABLE FOR MERCHANT
89		-	ACQUIRERS THAT PROVIDE PAYMENT SERVICES FOR FIREARMS MERCHANTS
90		-	.
91		-	6-27-203. Merchant acquirer - merchant category. E
92		-	FFECTIVE
93		-	MAY 1, 2025, A MERCHANT ACQUIRER SHALL ASSIGN THE MERCHANT
94		-	CATEGORY CODE FOR FIREARMS TO EACH FIREARMS MERCHANT TO WHICH
95		-	THE MERCHANT ACQUIRER PROVIDES SERVICES
96		-	.
97		-	6-27-204. Waivers void. A
98		-	CONTRACTUAL WAIVER OF THIS PART 2
99		-	IS VOID BECAUSE THE WAIVER IS CONTRARY TO PUBLIC POLICY .
100		-	6-27-205. Attorney general - exclusive enforcement authority.
101		-	T
102		-	HE ATTORNEY GENERAL HAS EXCLUSIVE AUTHORITY TO ENFORCE THIS
103		-	PART
104		-	2, WHICH DOES NOT GRANT ANY OTHER PERSON AUTHORITY TO BRING
105		-	A CIVIL ACTION TO ENFORCE THIS PART
106		-	2 OR SEEK DAMAGES AS A RESULT OF
107		-	A VIOLATION OF THIS PART
108		-	2.
109		-	6-27-206. Enforcement. (1) N
110		-	OT FEWER THAN FORTY-FIVE DAYS
111		-	BEFORE BRINGING AN ACTION UNDER SUBSECTION
112		-	(3) OF THIS SECTION, THE
113		-	ATTORNEY GENERAL MUST NOTIFY IN WRITING THE PERSON ALLEGED TO BE
114		-	IN VIOLATION OF THIS PART
115		-	2. A COURT SHALL DISMISS, WITHOUT PREJUDICE,
116		-	AN ACTION UNTIL THE ATTORNEY GENERAL HAS COMPLIED WITH THIS
117		-	SUBSECTION
118		-	(1). THE NOTICE MUST CONTAIN:
119		-	(a) E
120		-	ACH SPECIFIC PROVISION OF THIS PART 2 THAT IS ALLEGED TO
121		-	HAVE BEEN VIOLATED
122		-	; AND
123		-	(b) THE ACTS OR OMISSIONS THAT ARE ALLEGED TO HAVE VIOLATED
124		-	EACH PROVISION DESCRIBED IN SUBSECTION
125		-	(1)(a) OF THIS SECTION.
126		-	(2) T
127		-	HE ATTORNEY GENERAL SHALL NOT BRING AN ACTION UNDER
128		-	THIS SECTION IF THE PERSON THAT RECEIVES THE NOTICE DESCRIBED IN
129		-	SUBSECTION
130		-	(1) OF THIS SECTION:
131		-	PAGE 3-SENATE BILL 24-066 (a) CURES THE DESCRIBED VIOLATION WITHIN THIRTY DAYS AFTER
132		-	RECEIVING THE NOTICE
133		-	;
134		-	(b) P
135		-	ROVIDES THE ATTORNEY GENERAL A WRITTEN STATEMENT ,
136		-	MADE UNDER PENALTY OF PERJURY , THAT THE PERSON HAS:
137		-	(I) C
138		-	URED THE VIOLATION; AND
139		-	(II) MADE ANY NECESSARY C HANGES TO THE PERSON 'S INTERNAL
140		-	POLICIES TO PREVENT FUTURE VIOLATIONS OF THIS SECTION
141		-	; AND
142		-	(c) PROVIDES ANY NECESSARY SUPPORTING DOCUMENTATION THAT
143		-	SHOWS HOW THE VIOLATION WAS CURED
144		-	.
145		-	(3) A
146		-	PERSON THAT VIOLATES THIS PART 2 AND DOES NOT CURE THE
147		-	VIOLATION IN ACCORDANCE WITH SUBSECTIONS
148		-	(2)(a) TO (2)(c) OF THIS
149		-	SECTION IS SUBJECT TO THE FOLLOWING AND THE ATTORNEY GENERAL MAY
150		-	FILE AN ACTION SEEKING
151		-	:
152		-	(a) A
153		-	CIVIL PENALTY OF UP TO TEN THOUSAND DOLLARS FOR EACH
154		-	VIOLATION
155		-	; OR
156		-	(b) AN INJUNCTION OR EQUITABLE RELIEF THAT PREVENTS A
157		-	FURTHER VIOLATION OF THIS PART
158		-	2.
	177	+	N INJUNCTION OR EQUITABLE RELIEF THAT PREVENTS A12
	178	+	FURTHER VIOLATION OF THIS PART 2.13
159	179		(4) I
160		-	F THE ATTORNEY GENERAL PREVAILS IN AN ACTION BROUGHT
161		-	PURSUANT TO THIS PART
162		-	2, A COURT MAY ISSUE AN ORDER REQUIRING THE
163		-	VIOLATOR TO PAY REASONABLE ATTORNEY FEES AND COSTS INCURRED IN
164		-	BRINGING THE ACTION
165		-	.
	180	+	F THE ATTORNEY GENERAL PREVAILS IN AN ACTION BROUGHT14
	181	+	PURSUANT TO THIS PART 2, A COURT MAY ISSUE AN ORDER REQUIRING THE15
	182	+	VIOLATOR TO PAY REASONABLE ATTORNEY FEES AND COSTS INCURRED IN16
	183	+	BRINGING THE ACTION.17
166	184		SECTION 2. In Colorado Revised Statutes, add 11-30-127 as
167		-	follows:
	185	+	18
	186	+	follows:19
168	187		11-30-127. Merchant code for firearms. A
169	188		PAYMENT CARD
170		-	NETWORK
171		-	, AS DEFINED IN SECTION 6-27-201 (7), OR A MERCHANT ACQUIRER,
172		-	AS DEFINED IN SECTION 6-27-201 (5), SHALL COMPLY WITH PART 2 OF
173		-	ARTICLE
174		-	27 OF TITLE 6.
175		-	SECTION 3. In Colorado Revised Statutes, add 11-105-211 as
176		-	follows:
177		-	PAGE 4-SENATE BILL 24-066 11-105-211. Merchant code for firearms. A PAYMENT CARD
178		-	NETWORK
179		-	, AS DEFINED IN SECTION 6-27-201 (7), OR A MERCHANT ACQUIRER,
180		-	AS DEFINED IN SECTION 6-27-201 (5), SHALL COMPLY WITH PART 2 OF
181		-	ARTICLE
182		-	27 OF TITLE 6.
183		-	SECTION 4. In Colorado Revised Statutes, amend 6-27-101 as
184		-	follows:
185		-	6-27-101. Short title. The short title of this article 27
186		-	PART 1 is the
187		-	"Jessi Redfield Ghawi's Act For Gun Violence Victims' Access to Justice
188		-	and Firearms Industry Accountability".
189		-	SECTION 5. In Colorado Revised Statutes, 6-27-103, amend the
190		-	introductory portion as follows:
191		-	6-27-103. Definitions. As used in this article 27
192		-	PART 1, unless the
193		-	context otherwise requires:
194		-	SECTION 6. In Colorado Revised Statutes, 6-27-105, amend (1),
195		-	(2), (3)(a), (3)(d), and (4) as follows:
196		-	6-27-105. Cause of action for violations of standards of
197		-	responsible conduct. (1) A person or entity that has suffered harm as a
198		-	result of a firearm industry member's acts or omissions in knowing violation
199		-	of section 6-27-104 may bring a civil action pursuant to this article 27
200		-	PART
201		-	1 in a court of competent jurisdiction.
202		-	(2) The attorney general, or the attorney general's designee, may
203		-	bring a civil action in a court of competent jurisdiction to enforce this article
204		-	27 PART 1 and remedy harms caused by any acts or omissions in knowing
205		-	violation of section 6-27-104.
206		-	(3) In an action brought pursuant to this section, if the court
207		-	determines that a firearm industry member engaged in conduct in violation
208		-	of section 6-27-104, the court shall award just and appropriate relief, which
209		-	may include but is not limited to:
210		-	(a) Injunctive relief sufficient to prevent the firearm industry
211		-	member and any other defendant from further violating this article 27
212		-	PART
213		-	1;
214		-	PAGE 5-SENATE BILL 24-066 (d) Any other just and appropriate relief necessary to enforce this
215		-	article 27 PART 1 and remedy the harm caused by the violation.
216		-	(4) In an action brought pursuant to this article 27 PART 1, and
217		-	notwithstanding any intervening act by a third party, if a firearm industry
218		-	member's knowing violation of this article 27
219		-	PART 1 creates a reasonably
220		-	foreseeable risk that harm would occur, the firearm industry member's
221		-	violation is presumed to be the proximate cause of the harm suffered by the
222		-	plaintiff.
223		-	SECTION 7. In Colorado Revised Statutes, amend 6-27-106 as
224		-	follows:
225		-	6-27-106. Limitations. (1) Nothing in this article 27
226		-	PART 1 limits
227		-	or impairs in any way the right of the attorney general, or any person or
228		-	entity, to pursue a legal action pursuant to any other law, cause of action,
229		-	tort theory, or other authority.
230		-	(2) Nothing in this article 27
231		-	PART 1 limits or impairs in any way an
232		-	obligation or requirement placed on a firearm industry member by any other
233		-	authority.
234		-	(3) This article 27
235		-	PART 1 must be construed and applied in a manner
236		-	that is consistent with the requirements of the constitutions of Colorado and
237		-	the United States.
238		-	SECTION 8. Act subject to petition - effective date. This act
239		-	takes effect at 12:01 a.m. on the day following the expiration of the
240		-	ninety-day period after final adjournment of the general assembly; except
241		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
242		-	of the state constitution against this act or an item, section, or part of this act
243		-	within such period, then the act, item, section, or part will not take effect
244		-	unless approved by the people at the general election to be held in
245		-	PAGE 6-SENATE BILL 24-066 November 2024 and, in such case, will take effect on the date of the official
246		-	declaration of the vote thereon by the governor.
247		-	____________________________ ____________________________
248		-	Steve Fenberg Julie McCluskie
249		-	PRESIDENT OF SPEAKER OF THE HOUSE
250		-	THE SENATE OF REPRESENTATIVES
251		-	____________________________ ____________________________
252		-	Cindi L. Markwell Robin Jones
253		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
254		-	THE SENATE OF REPRESENTATIVES
255		-	APPROVED________________________________________
256		-	(Date and Time)
257		-	_________________________________________
258		-	Jared S. Polis
259		-	GOVERNOR OF THE STATE OF COLORADO
260		-	PAGE 7-SENATE BILL 24-066
	189	+	20
	190	+	NETWORK, AS DEFINED IN SECTION 6-27-201 (7), OR A MERCHANT21
	191	+	ACQUIRER, AS DEFINED IN SECTION 6-27-201 (5), SHALL COMPLY WITH22
	192	+	PART 2 OF ARTICLE 27 OF TITLE 6.23
	193	+	SECTION 3. In Colorado Revised Statutes, add 11-105-211 as24
	194	+	follows:25
	195	+	11-105-211. Merchant code for firearms. A
	196	+	PAYMENT CARD26
	197	+	NETWORK, AS DEFINED IN SECTION 6-27-201 (7), OR A MERCHANT27
	198	+	066
	199	+	-5- ACQUIRER, AS DEFINED IN SECTION 6-27-201 (5), SHALL COMPLY WITH1
	200	+	PART 2 OF ARTICLE 27 OF TITLE 6.2
	201	+	SECTION 4. In Colorado Revised Statutes, amend 6-27-101 as3
	202	+	follows:4
	203	+	6-27-101. Short title. The short title of this article 27 PART 1 is5
	204	+	the "Jessi Redfield Ghawi's Act For Gun Violence Victims' Access to6
	205	+	Justice and Firearms Industry Accountability".7
	206	+	SECTION 5. In Colorado Revised Statutes, 6-27-103, amend the8
	207	+	introductory portion as follows:9
	208	+	6-27-103. Definitions. As used in this article 27 PART 1, unless10
	209	+	the context otherwise requires:11
	210	+	SECTION 6. In Colorado Revised Statutes, 6-27-105, amend (1),12
	211	+	(2), (3)(a), (3)(d), and (4) as follows:13
	212	+	6-27-105. Cause of action for violations of standards of14
	213	+	responsible conduct. (1) A person or entity that has suffered harm as a15
	214	+	result of a firearm industry member's acts or omissions in knowing16
	215	+	violation of section 6-27-104 may bring a civil action pursuant to this17
	216	+	article 27 PART 1 in a court of competent jurisdiction.18
	217	+	(2) The attorney general, or the attorney general's designee, may19
	218	+	bring a civil action in a court of competent jurisdiction to enforce this20
	219	+	article 27 PART 1 and remedy harms caused by any acts or omissions in21
	220	+	knowing violation of section 6-27-104.22
	221	+	(3) In an action brought pursuant to this section, if the court23
	222	+	determines that a firearm industry member engaged in conduct in24
	223	+	violation of section 6-27-104, the court shall award just and appropriate25
	224	+	relief, which may include but is not limited to:26
	225	+	(a) Injunctive relief sufficient to prevent the firearm industry27
	226	+	066
	227	+	-6- member and any other defendant from further violating this article 271
	228	+	PART 1;2
	229	+	(d) Any other just and appropriate relief necessary to enforce this3
	230	+	article 27 PART 1 and remedy the harm caused by the violation.4
	231	+	(4) In an action brought pursuant to this article 27 PART 1, and5
	232	+	notwithstanding any intervening act by a third party, if a firearm industry6
	233	+	member's knowing violation of this article 27 PART 1 creates a reasonably7
	234	+	foreseeable risk that harm would occur, the firearm industry member's8
	235	+	violation is presumed to be the proximate cause of the harm suffered by9
	236	+	the plaintiff.10
	237	+	SECTION 7. In Colorado Revised Statutes, amend 6-27-106 as11
	238	+	follows:12
	239	+	6-27-106. Limitations. (1) Nothing in this article 27 PART 113
	240	+	limits or impairs in any way the right of the attorney general, or any14
	241	+	person or entity, to pursue a legal action pursuant to any other law, cause15
	242	+	of action, tort theory, or other authority.16
	243	+	(2) Nothing in this article 27 PART 1 limits or impairs in any way17
	244	+	an obligation or requirement placed on a firearm industry member by any18
	245	+	other authority.19
	246	+	(3) This article 27 PART 1 must be construed and applied in a20
	247	+	manner that is consistent with the requirements of the constitutions of21
	248	+	Colorado and the United States.22
	249	+	SECTION 8. Act subject to petition - effective date. This act23
	250	+	takes effect at 12:01 a.m. on the day following the expiration of the24
	251	+	ninety-day period after final adjournment of the general assembly; except25
	252	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V26
	253	+	of the state constitution against this act or an item, section, or part of this27
	254	+	066
	255	+	-7- act within such period, then the act, item, section, or part will not take1
	256	+	effect unless approved by the people at the general election to be held in2
	257	+	November 2024 and, in such case, will take effect on the date of the3
	258	+	official declaration of the vote thereon by the governor.4
	259	+	066
	260	+	-8-