Colorado 2025 Regular Session

Colorado House Bill HB1010 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 25-0501.01 Jennifer Berman x3286
1	8		HOUSE BILL 25-1010
2		-	BY REPRESENTATIVE(S) Zokaie and Brown, Clifford, Garcia, Mabrey,
3		-	Rutinel, Smith, Stewart R., Velasco, Bacon, Boesenecker, Duran, English,
4		-	Froelich, Jackson, Joseph, Lindsay, Sirota, Story, Titone, Willford,
5		-	Hamrick, Ricks, McCluskie;
6		-	also SENATOR(S) Weissman, Gonzales J., Cutter, Danielson, Exum,
7		-	Jodeh, Kipp, Kolker, Michaelson Jenet, Rodriguez, Sullivan, Wallace,
8		-	Winter F., Coleman.
	9	+	House Committees Senate Committees
	10	+	Business Affairs & Labor Business, Labor, & Technology
	11	+	A BILL FOR AN ACT
9	12		C
10		-	ONCERNING A PROHIBITION AGAINST ENGAGING IN PRICE GOUGING .
11		-
12		-	Be it enacted by the General Assembly of the State of Colorado:
13		-	SECTION 1. In Colorado Revised Statutes, 24-33.5-703, amend
14		-	(3) as follows:
15		-	24-33.5-703. Definitions. As used in this part 7, unless the context
16		-	otherwise requires:
17		-	(3) "Disaster" means the occurrence or imminent threat of
18		-	widespread or severe damage, injury, or loss of life or property resulting
19		-	from any natural cause or cause of human origin, including but not limited
20		-	to fire; flood; earthquake; wind; storm; wave action; hazardous substance
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. incident; oil spill or other water contamination requiring emergency action
29		-	to avert danger or damage; volcanic activity; epidemic; air pollution; blight;
30		-	drought; infestation; explosion; civil disturbance; hostile military or
31		-	paramilitary action;
32		-	A MARKET DISRUPTION, INCLUDING A TRADE DISRUPTION
33		-	OR AN ATYPICAL DISRUPTION IN THE MARKET THAT AFFECTS PRODUCTION
34		-	,
35		-	DISTRIBUTION, OR CONSUMPTION OF A PRODUCT OR SERVICE ; or a condition
36		-	of riot, insurrection, or invasion existing in the state or in any county, city,
37		-	town, or district in the state.
38		-	SECTION 2. In Colorado Revised Statutes, 6-1-730, add (2.5) and
39		-	(3.5) as follows:
40		-	6-1-730. Price gouging during declared disaster prohibited -
41		-	deceptive trade practice - legislative declaration - definitions. (2.5) I
42		-	F
43		-	THE GOVERNOR DECLARES A DISASTER EMERGENCY PURSUANT TO SECTION
44		-	24-33.5-704 (4) AND THE DISASTER EMERGENCY DECLARATION CITES TO
45		-	THIS SUBSECTION
46		-	(2.5), A PRICE INCREASE IN THE SALE OR OFFER FOR SALE
47		-	OF ANY GOOD OR SERVICE LISTED IN SUBSECTION
48		-	(2) OF THIS SECTION
49		-	AMOUNTS TO PRICE GOUGING IF THE PRICE HAS INCREASED BY MORE THAN
50		-	TEN PERCENT OF THE PRICE AT WHICH THE SELLER SOLD OR OFFERED FOR
51		-	SALE SIMILAR GOODS OR SERVICES BEFORE THE DISASTER BEGAN OR
52		-	, IF THE
53		-	SELLER DID NOT SELL OR OFFER FOR SALE SIMILAR GOODS OR SERVICES
54		-	BEFORE THE DISASTER BEGAN
55		-	, THE PRICE AT WHICH A SIMILARLY SITUATED
56		-	SELLER SOLD OR OFFERED FOR SALE SIMILAR GOODS OR SERVICES BEFORE
57		-	THE DISASTER BEGAN
58		-	.
	13	+	ONCERNING A PROHIBITI ON AGAINST ENGAGING IN PRICE GOUGING .101
	14	+	Bill Summary
	15	+	(Note: This summary applies to this bill as introduced and does
	16	+	not reflect any amendments that may be subsequently adopted. If this bill
	17	+	passes third reading in the house of introduction, a bill summary that
	18	+	applies to the reengrossed version of this bill will be available at
	19	+	http://leg.colorado.gov
	20	+	.)
	21	+	Under current law, a person engages in an unfair and
	22	+	unconscionable act or practice in violation of consumer protection laws
	23	+	(unfair act) if the person engages in price gouging during a declared
	24	+	disaster. The bill adds engaging in price gouging in the sale of necessities
	25	+	as an unfair act and creates a presumption that, if the price of a necessity
	26	+	is increased by 10% or more above the average price that the necessity
	27	+	cost during the 90 days preceding the price increase, the price increase
	28	+	amounts to price gouging.
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	April 4, 2025
	32	+	SENATE
	33	+	Amended 2nd Reading
	34	+	March 31, 2025
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	March 10, 2025
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	March 7, 2025
	41	+	HOUSE SPONSORSHIP
	42	+	Zokaie and Brown, Clifford, Garcia, Mabrey, Rutinel, Smith, Stewart R., Velasco, Bacon,
	43	+	Boesenecker, Duran, English, Froelich, Jackson, Joseph, Lindsay, Sirota, Story, Titone,
	44	+	Willford
	45	+	SENATE SPONSORSHIP
	46	+	Weissman, Gonzales J., Coleman, Cutter, Danielson, Exum, Jodeh, Kipp, Kolker,
	47	+	Michaelson Jenet, Rodriguez, Sullivan, Wallace, Winter F.
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. The bill also defines "necessities" as goods or services that are
	51	+	necessary for the health, safety, and welfare of consumers or of the
	52	+	general public.
	53	+	Be it enacted by the General Assembly of the State of Colorado:1
	54	+	SECTION 1. In Colorado Revised Statutes, 24-33.5-703,2
	55	+	amend (3) as follows:3
	56	+	24-33.5-703. Definitions. As used in this part 7, unless the4
	57	+	context otherwise requires:5
	58	+	(3) "Disaster" means the occurrence or imminent threat of6
	59	+	widespread or severe damage, injury, or loss of life or property resulting7
	60	+	from any natural cause or cause of human origin, including but not8
	61	+	limited to fire; flood; earthquake; wind; storm; wave action; hazardous9
	62	+	substance incident; oil spill or other water contamination requiring10
	63	+	emergency action to avert danger or damage; volcanic activity; epidemic;11
	64	+	air pollution; blight; drought; infestation; explosion; civil disturbance;12
	65	+	hostile military or paramilitary action; A MARKET DISRUPTION, INCLUDING13
	66	+	A TRADE DISRUPTION OR AN ATYPICAL DISRUPTION IN THE MARKET THAT14
	67	+	AFFECTS PRODUCTION, DISTRIBUTION, OR CONSUMPTION OF A PRODUCT OR15
	68	+	SERVICE; or a condition of riot, insurrection, or invasion existing in the16
	69	+	state or in any county, city, town, or district in the state.17
	70	+	SECTION 2. In Colorado Revised Statutes, 6-1-730, add (2.5)18
	71	+	and (3.5) as follows:19
	72	+	6-1-730. Price gouging during declared disaster prohibited -20
	73	+	deceptive trade practice - legislative declaration - definitions. (2.5) IF21
	74	+	THE GOVERNOR DECLARES A DISASTER EMERGENCY PURSUANT TO SECTION22
	75	+	24-33.5-704 (4) AND THE DISASTER EMERGENCY DECLARATION CITES TO23
	76	+	THIS SUBSECTION (2.5), A PRICE INCREASE IN THE SALE OR OFFER FOR SALE24
	77	+	1010-2- OF ANY GOOD OR SERVICE LISTED IN SUBSECTION (2) OF THIS SECTION1
	78	+	AMOUNTS TO PRICE GOUGING IF THE PRICE HAS INCREASED BY MORE THAN2
	79	+	TEN PERCENT OF THE PRICE AT WHICH THE SELLER SOLD OR OFFERED FOR3
	80	+	SALE SIMILAR GOODS OR SERVICES BEFORE THE DISASTER BEGAN OR, IF4
	81	+	THE SELLER DID NOT SELL OR OFFER FOR SALE SIMILAR GOODS OR5
	82	+	SERVICES BEFORE THE DISASTER BEGAN, THE PRICE AT WHICH A SIMILARLY6
	83	+	SITUATED SELLER SOLD OR OFFERED FOR SALE SIMILAR GOODS OR7
	84	+	SERVICES BEFORE THE DISASTER BEGAN .8
59	85		(3.5) F
60	86		OR THE PURPOSES OF SUBSECTION (2.5) OF THIS SECTION, A
61		-	PRICE SHALL NOT BE CONSIDERED UNREASONABLY EXCESSIVE IF THE SELLER
62		-	CAN PROVE THAT THE PRICE CHARGED BY THE SELLER IS DIRECTLY
63		-	ATTRIBUTABLE TO SEASONAL PRICING
64		-	.
65		-	SECTION 3. Act subject to petition - effective date -
66		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
67		-	the expiration of the ninety-day period after final adjournment of the
68		-	general assembly; except that, if a referendum petition is filed pursuant to
69		-	section 1 (3) of article V of the state constitution against this act or an item,
70		-	section, or part of this act within such period, then the act, item, section, or
71		-	part will not take effect unless approved by the people at the general
72		-	election to be held in November 2026 and, in such case, will take effect on
73		-	the date of the official declaration of the vote thereon by the governor.
74		-	PAGE 2-HOUSE BILL 25-1010 (2) This act applies to conduct occurring on or after the applicable
75		-	effective date of this act.
76		-	____________________________ ____________________________
77		-	Julie McCluskie James Rashad Coleman, Sr.
78		-	SPEAKER OF THE HOUSE PRESIDENT OF
79		-	OF REPRESENTATIVES THE SENATE
80		-	____________________________ ____________________________
81		-	Vanessa Reilly Esther van Mourik
82		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
83		-	OF REPRESENTATIVES THE SENATE
84		-	APPROVED________________________________________
85		-	(Date and Time)
86		-	_________________________________________
87		-	Jared S. Polis
88		-	GOVERNOR OF THE STATE OF COLORADO
89		-	PAGE 3-HOUSE BILL 25-1010
	87	+	9
	88	+	PRICE SHALL NOT BE CONSIDERED UNREASONABLY EXCESSIVE IF THE10
	89	+	SELLER CAN PROVE THAT THE PRICE CHARGED BY THE SELLER IS DIRECTLY11
	90	+	ATTRIBUTABLE TO SEASONAL PRICING .12
	91	+	SECTION 3. Act subject to petition - effective date -13
	92	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following14
	93	+	the expiration of the ninety-day period after final adjournment of the15
	94	+	general assembly; except that, if a referendum petition is filed pursuant16
	95	+	to section 1 (3) of article V of the state constitution against this act or an17
	96	+	item, section, or part of this act within such period, then the act, item,18
	97	+	section, or part will not take effect unless approved by the people at the19
	98	+	general election to be held in November 2026 and, in such case, will take20
	99	+	effect on the date of the official declaration of the vote thereon by the21
	100	+	governor.22
	101	+	(2) This act applies to conduct occurring on or after the applicable23
	102	+	effective date of this act.24
	103	+	1010
	104	+	-3-