First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction 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 3rd Reading Unamended March 10, 2025 HOUSE Amended 2nd Reading March 7, 2025 HOUSE SPONSORSHIP Zokaie and Brown, Clifford, Garcia, Mabrey, Rutinel, Smith, Stewart R., Velasco, Bacon, Boesenecker, Duran, English, Froelich, Jackson, Joseph, Lindsay, Sirota, Story, Titone, Willford SENATE SPONSORSHIP Weissman, Gonzales J. 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, 24-33.5-703,2 amend (3) as follows:3 24-33.5-703. Definitions. As used in this part 7, unless the4 context otherwise requires:5 (3) "Disaster" means the occurrence or imminent threat of6 widespread or severe damage, injury, or loss of life or property resulting7 from any natural cause or cause of human origin, including but not8 limited to fire; flood; earthquake; wind; storm; wave action; hazardous9 substance incident; oil spill or other water contamination requiring10 emergency action to avert danger or damage; volcanic activity; epidemic;11 air pollution; blight; drought; infestation; explosion; civil disturbance;12 hostile military or paramilitary action; A MARKET DISRUPTION, INCLUDING13 A TRADE DISRUPTION OR AN ATYPICAL DISRUPTION IN THE MARKET THAT14 AFFECTS PRODUCTION, DISTRIBUTION, OR CONSUMPTION OF A PRODUCT OR15 SERVICE; or a condition of riot, insurrection, or invasion existing in the16 state or in any county, city, town, or district in the state.17 SECTION 2. In Colorado Revised Statutes, 6-1-730, add (2.5)18 as follows:19 6-1-730. Price gouging during declared disaster prohibited -20 deceptive trade practice - legislative declaration - definitions. (2.5) IF21 THE GOVERNOR DECLARES A DISASTER EMERGENCY PURSUANT TO SECTION22 24-33.5-704 (4) AND THE DISASTER EMERGENCY DECLARATION CITES TO23 THIS SUBSECTION (2.5), A PRICE INCREASE IN THE SALE OR OFFER FOR SALE24 1010-2- OF ANY GOOD OR SERVICE LISTED IN SUBSECTION (2) OF THIS SECTION1 AMOUNTS TO PRICE GOUGING IF THE PRICE HAS INCREASED BY MORE THAN2 TEN PERCENT OF THE PRICE AT WHICH THE SELLER SOLD OR OFFERED FOR3 SALE SIMILAR GOODS OR SERVICES BEFORE THE DISASTER BEGAN OR, IF4 THE SELLER DID NOT SELL OR OFFER FOR SALE SIMILAR GOODS OR5 SERVICES BEFORE THE DISASTER BEGAN, THE PRICE AT WHICH A SIMILARLY6 SITUATED SELLER SOLD OR OFFERED FOR SALE SIMILAR GOODS OR7 SERVICES BEFORE THE DISASTER BEGAN .8 SECTION 3. Act subject to petition - effective date -9 applicability. (1) This act takes effect at 12:01 a.m. on the day following10 the expiration of the ninety-day period after final adjournment of the11 general assembly; except that, if a referendum petition is filed pursuant12 to section 1 (3) of article V of the state constitution against this act or an13 item, section, or part of this act within such period, then the act, item,14 section, or part will not take effect unless approved by the people at the15 general election to be held in November 2026 and, in such case, will take16 effect on the date of the official declaration of the vote thereon by the17 governor.18 (2) This act applies to conduct occurring on or after the applicable19 effective date of this act.20 1010 -3-