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HB 23-1192 CO
Became Law

Additional Protections In Consumer Code

CO · session 2023A · Assembly / House · bill

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Introduced Feb 10, 2023

Latest action (Jun 7, 2023) Introduced In House - Assigned to Judiciary

Summary

Under current law, a person commits an unfair and unconscionable act or practice if the person engages in price gouging with regard to the sale or provision of certain goods or services during, and for a certain period after, a declared emergency disaster (disaster period). The act extends the disaster period from 180 days after the first declaration of the disaster to 180 days after the final declaration concerning the disaster expires. The act also repeals and reenacts the "Colorado Antitrust Act of 1992" as the "Colorado State Antitrust Act of 2023" (antitrust act) and: Establishes that the facilitation or aiding and abetting of another person's violation of the antitrust act is itself a violation of the antitrust act; Authorizes the attorney general (AG) to request discovery from any person that the AG believes may in the future engage in, or has information related to, a violation of the antitrust act; Authorizes the AG to deem investigatory or intelligence records related to the antitrust act available for public inspection and allows the AG to issue public statements or warnings regarding conduct forming the basis of the investigatory or intelligence records; Authorizes a court, upon request of the AG, to compensate a person that has been injured from a violation of the antitrust act as part of a civil action that the AG brings on behalf of the person; Increases the maximum civil penalty that a court may award for a violation of the antitrust act from $250,000 to $1,000,000 per violation; and With regard to the statute of limitations for commencing a civil action under the antitrust act: Clarifies that a cause of action accrues on the date of the last in a series of acts or practices that, in the aggregate, constitute a violation of the antitrust act; and Tolls the statute of limitations for any civil action pertaining to an alleged violation of the antitrust act during the pendency of a federal proceeding regarding the conduct forming the basis of the alleged violation of the antitrust act. APPROVED by Governor June 7, 2023 EFFECTIVE June 7, 2023 (Note: This summary applies to this bill as enacted.)

Sponsors (3)

Action history (16)

  1. Jun 7, 2023 Governor Signed · executive
  2. May 22, 2023 Sent to the Governor · executive
  3. May 22, 2023 Signed by the President of the Senate · upper
  4. May 22, 2023 Signed by the Speaker of the House · lower
  5. May 4, 2023 House Considered Senate Amendments - Result was to Concur - Repass · lower
  6. May 3, 2023 Senate Third Reading Passed - No Amendments · upper
  7. May 2, 2023 Senate Second Reading Special Order - Passed with Amendments - Committee · upper
  8. May 1, 2023 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole · upper
  9. Apr 19, 2023 Senate Committee on Judiciary Lay Over Unamended - Amendment(s) Failed · upper
  10. Mar 22, 2023 Senate Committee on Judiciary Lay Over Unamended - Amendment(s) Failed · upper
  11. Mar 16, 2023 Introduced In Senate - Assigned to Judiciary · upper
  12. Mar 7, 2023 House Third Reading Passed - No Amendments · lower
  13. Mar 6, 2023 House Second Reading Passed with Amendments - Committee, Floor · lower
  14. Mar 3, 2023 House Second Reading Laid Over Daily - No Amendments · lower
  15. Feb 28, 2023 House Committee on Judiciary Refer Amended to House Committee of the Whole · lower
  16. Feb 10, 2023 Introduced In House - Assigned to Judiciary · lower

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