{"id":"AGY-ST-UTILITIES-HOUSING-AG-036","kind":"order","level":"state","jurisdiction":"Colorado (General Assembly; enforced by the Attorney General and district attorneys)","state":"CO","metro":"","industry":"","agency":"ST-UTILITIES-HOUSING-AG","eco":"","issuer":"Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared Polis","authority":"Colo. Const. art. V; Colorado Consumer Protection Act, C.R.S. 6-1-101 et seq.","instrument":"House Bill 20-1414","title":"Concerning a Prohibition Against Engaging in Price Gouging for a Period Following a Declared Disaster (C.R.S. 6-1-730)","dateIssued":"2020-07-14","effective":"2020-07-14 (safety clause; applies to actions brought on or after the effective date)","end":"Permanent statute; its prohibition runs for the \u0027disaster period\u0027 (180 days following the declaration of a disaster emergency and any extension)","startDate":"2020-07-14","endDate":"2021-09-30","quarters":["2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["OTHER"],"addressees":["any person selling or offering for sale building materials, consumer food items, emergency supplies, fuel, medical supplies, repair or reconstruction services, transportation, freight or storage services, or other listed goods and services within the designated disaster area"],"clause":"6-1-730. Price gouging during declared disaster prohibited - deceptive trade practice - legislative declaration - definitions.... (2) A person engages in an unfair and unconscionable act or practice when, during a disaster period and within the designated area, the person charges a price so excessive as to amount to price gouging in: (a) the sale or offer for sale of: (I) building materials;... [consumer food items; emergency supplies; fuel; medical supplies; and other necessities]; or (b) [repair or reconstruction services; transportation, freight, or storage services]... (m)(I) \u0027Transportation, freight, or storage services\u0027 means a service that is performed by a person that: (A) contracts to move, transport, or store property; or (B) rents equipment for the purpose of moving, transporting, or storing property. (II) \u0027Transportation, freight, or storage services\u0027 includes towing services. SECTION 2. Applicability. This act applies to actions brought on or after the effective date of this act. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety.","enforcement":"Colorado Consumer Protection Act remedies, C.R.S. 6-1-110 to -113 (Attorney General and district attorney actions; civil penalties up to $20,000 per violation); the seller\u0027s defense is that the increase is \u0027directly attributable to additional costs imposed on the seller by the seller\u0027s supplier or suppliers or other direct costs\u0027 of the disaster","functions":["SF pricing of building-material, food, fuel, medical-supply and emergency-supply sellers","JS and RP repair and reconstruction service pricing","DR and WH transportation, freight, storage and towing service pricing","SC supplier cost documentation","CB"],"notes":"Enacted during the COVID-19 disaster emergency, which the Governor had declared March 11, 2020 (CO-001) and extended monthly through July 8, 2021 (CO State file), so the \u0027disaster period\u0027 ran throughout the enactment\u0027s first year. Sponsors\u0027 list and summary read on the General Assembly\u0027s bill page.","sourceUrl":"https://leg.colorado.gov/sites/default/files/2020a_1414_signed.pdf","snapshot":"","fileExists":true,"fileBytes":172051,"grade":"primary","character":"","description":"","collection":"AGY-ST-UTILITIES-HOUSING-AG","url":"/library/AGY-ST-UTILITIES-HOUSING-AG-036","exhibitUrl":"/exhibit/AGY-ST-UTILITIES-HOUSING-AG-036","citation":"Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared Polis, House Bill 20-1414 (July 14, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-036)","stateName":"Colorado","related":["CO-001"]}