Colorado 2025 2025 Regular Session

Colorado House Bill HB1010 Engrossed / Bill

Filed 03/10/2025

                    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
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