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Ex. AGY-ST-UTILITIES-HOUSING-AG-036 Order Primary source read

House Bill 20-1414

Concerning a Prohibition Against Engaging in Price Gouging for a Period Following a Declared Disaster (C.R.S. 6-1-730)

Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared Polis · Colorado (General Assembly; enforced by the Attorney General and district attorneys) (State)

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The record

Jurisdiction
Colorado (General Assembly; enforced by the Attorney General and district attorneys) · Colorado
Level
State
Authority
Colo. Const. art. V; Colorado Consumer Protection Act, C.R.S. 6-1-101 et seq.
Issued
2020-07-14 July 14, 2020
Effective
2020-07-14 (safety clause; applies to actions brought on or after the effective date) (read as 2020-07-14)
End
Permanent statute; its prohibition runs for the 'disaster period' (180 days following the declaration of a disaster emergency and any extension) (read as 2021-09-30)
In force
July 14, 2020 to Sept. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation 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
Functions reached
  • 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
Collection
State utilities, housing and agriculture agencies AGY-ST-UTILITIES-HOUSING-AG

Operative words

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) 'Transportation, freight, or storage services' 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) 'Transportation, freight, or storage services' 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's defense is that the increase is 'directly attributable to additional costs imposed on the seller by the seller's supplier or suppliers or other direct costs' of the disaster

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 'disaster period' ran throughout the enactment's first year. Sponsors' list and summary read on the General Assembly's bill page.

Retrieval note

Signed act; the Governor's signature block is partly illegible in the text layer; the signing date (July 14, 2020) is from the General Assembly's bill page, read.