First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0501.01 Jennifer Berman x3286
HOUSE BILL 25-1010
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING A PROHIBITI ON AGAINST ENGAGING IN PRICE GOUGING .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, a person engages in an unfair and
unconscionable act or practice in violation of consumer protection laws
(unfair act) if the person engages in price gouging during a declared
disaster. The bill adds engaging in price gouging in the sale of necessities
as an unfair act and creates a presumption that, if the price of a necessity
is increased by 10% or more above the average price that the necessity
cost during the 90 days preceding the price increase, the price increase
amounts to price gouging.
HOUSE SPONSORSHIP
Zokaie and Brown, Clifford, Garcia, Mabrey, Rutinel, Smith, Stewart R., Velasco
SENATE SPONSORSHIP
Weissman, Gonzales J., Jaquez Lewis
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. The bill also defines "necessities" as goods or services that are
necessary for the health, safety, and welfare of consumers or of the
general public.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 6-1-730, amend (1)2
introductory portion, (1)(a)(I), (3), (5) introductory portion, and (5)(k);3
and add (2.5) and (4.5) as follows:4
6-1-730. Price gouging prohibited - deceptive trade practice -5
rules - legislative declaration - definitions. (1) The general assembly:6
hereby:
7
(a) Finds and determines that:8
(I) Under ordinary conditions, the pricing of consumer goods and9
services generally is best left to the marketplace; except that, when a10
declared disaster results in abnormal disruptions of the market
OR A11
SELLER UNFAIRLY OR UNCONSCIONABLY RAISES THE PRICE OF NECESSITIES ,12
the public interest requires that any unfair and unconscionable increase13
in the price of consumer
goods or services be discouraged; and14
(2.5) A
PERSON ENGAGES IN AN UNFAIR AND UNCONSCIONABLE15
ACT OR PRACTICE WHEN THE PERS ON CHARGES PRICES FOR NECESSITIES16
THAT ARE SO EXCESSIVE AS TO AMOUNT TO PRICE GOUGING . INCREASING17
THE PRICE OF A NECESSITY BY TEN PERCENT OR MORE ABOVE THE18
AVERAGE PRICE THAT THE NECESSITY COST DURING THE NINETY DAYS19
PRECEDING THE PRICE INCREASE IS PRESUMED TO BE ENGAGING IN THE20
UNFAIR AND UNCONSCIONABLE ACT OR PRACTICE OF PRICE GOUGING .21
(3) A price shall not be considered unreasonably excessive if the22
seller can prove that due to the events that gave rise to the disaster
23
declaration, the price charged by the seller is directly attributable to24
HB25-1010-2- additional costs imposed by the seller's supplier or suppliers or other1
direct costs of providing the good or service sold or offered for sale by2
the seller.3
(4.5) T
HE ATTORNEY GENERAL MAY ADOPT RULES AS NECESSARY4
TO IMPLEMENT THIS SECTION.5
(5) As used in this section,
UNLESS THE CONTEXT OTHERWISE6
REQUIRES:7
(k) "Necessities" means goods and services that are necessary for8
human or animal survival during a disaster period
THE HEALTH, SAFETY,9
AND WELFARE OF CONSUMERS OR OF THE GENERAL PUBLIC .10
SECTION 2. Act subject to petition - effective date -11
applicability. (1) This act takes effect at 12:01 a.m. on the day following12
the expiration of the ninety-day period after final adjournment of the13
general assembly; except that, if a referendum petition is filed pursuant14
to section 1 (3) of article V of the state constitution against this act or an15
item, section, or part of this act within such period, then the act, item,16
section, or part will not take effect unless approved by the people at the17
general election to be held in November 2026 and, in such case, will take18
effect on the date of the official declaration of the vote thereon by the19
governor.20
(2) This act applies to conduct occurring on or after the applicable21
effective date of this act.22
HB25-1010
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