Amendments for HB19-1289
House Journal, April 10
17 HB19-1289 be amended as follows, and as so amended, be referred to
18 the Committee of the Whole with favorable
19 recommendation:
20
21 Amend printed bill, page 2, line 4, strike "(1)(mmm),".
22
23 Page 3, strike lines 17 through 23 and substitute:
24 "(kkk) KNOWINGLY OR RECKLESSLY ENGAGES IN ANY UNFAIR,
25 UNCONSCIONABLE, ABUSIVE, OR DECEPTIVE ACT OR PRACTICE;
26 (lll) KNOWINGLY OR RECKLESSLY ENGAGES IN ANY CONDUCT THAT
27 CREATES A LIKELIHOOD OF CONFUSION OR MISUNDERSTANDING.".
28
29 Page 4, line 20, strike "A" and substitute "FOR ACCOUNTING PURPOSES,
30 A".
31
32 Page 5, strike lines 7 through 27.
33
34 Strike pages 6 through 8.
35
36 Page 9, strike line 1.
37
38 Renumber succeeding sections accordingly.
39
40 Page 9, line 2, strike "1, 2, and 4" and substitute "1 and 2".
41
42 Page 1, line 104, strike "ACTS AND" and substitute "ACTS.".
43
44 Page 1, strike line 105.
45
46
House Journal, April 12
53 Amendment No. 1, Judiciary Report, dated April 9, 2019, and placed in
54 member's bill file; Report also printed in House Journal, April 10, 2019.
55
1 Amendment No. 2, by Representative(s) Weissman.
2
3 Amend the Judiciary Committee Report, dated April 9, 2019, page 1,
4 strike line 1 and substitute:
5
6 "Amend printed bill, page 2, strike line 4 and substitute "(1)(kkk) and (4)
7 as follows:".".
8
9 Page 1 of the report, strike lines 4 through 6 and substitute
10 "UNCONSCIONABLE, DECEPTIVE, DELIBERATELY MISLEADING, FALSE, OR
11 FRAUDULENT ACT OR PRACTICE.".".
12
13 As amended, ordered engrossed and placed on the Calendar for Third
14 Reading and Final Passage.
15
Senate Journal, April 24
After consideration on the merits, the Committee recommends that HB19-1289 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 2, strike line 4 and substitute "(1)(kkk), (4),
and (5) as follows:".
Page 2, line 5, strike "practices." and substitute "practices - definition.".
Page 3, line 16, strike "KNOWINGLY" and substitute "EITHER
KNOWINGLY".
Page 3, line 19, strike "STANDING TO BRING AN" and substitute "AN".
Page 3, after line 21 insert:
"(5) FOR PURPOSES OF THIS SECTION, "RECKLESSLY" MEANS A
RECKLESS DISREGARD FOR THE TRUTH OR FALSITY OF A STATEMENT OR
ADVERTISEMENT.".
Strike "Knowingly" and substitute "EITHER knowingly" on: Page 2, lines
8, 10, 13, 15, and 20; and Page 3, lines 2, 4, and 8.
Judiciary
Senate Journal, April 30
HB19-1289 by Representative(s) Weissman; also Senator(s) Foote--Concerning the creation of
additional protections in the Colorado consumer code, and, in connection therewith,
enabling enforcement of the "Colorado Consumer Protection Act" for reckless acts.
Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, April 24, page 1076 and placed in members' bill files.)
Amendment No. 2(L.031), by Senator Foote.
Amend the Judiciary Committee Report, dated April 24, 2019, page 1,
strike lines 1 through 3 and substitute:
"Amend reengrossed bill, page 2, after line 1 insert:
"SECTION 1. In Colorado Revised Statutes, amend 6-1-103 as
follows:
6-1-103. Attorney general and district attorneys concurrently
responsible for enforcement. The attorney general and the district
attorneys of the several judicial districts of this state are concurrently
responsible for the enforcement of this article ARTICLE 1. Until the
Colorado supreme court adopts a venue provision relating to this article
ARTICLE 1, actions instituted pursuant to this article may be brought in
the county where an alleged deceptive trade practice occurred or where
any portion of a transaction involving an alleged deceptive trade practice
occurred, or in the county where the principal place of business of any
defendant is located, or in the county in which any defendant resides. AN
ACTION UNDER THIS ARTICLE 1 BROUGHT BY THE ATTORNEY GENERAL OR
A DISTRICT ATTORNEY DOES NOT REQUIRE PROOF THAT A DECEPTIVE
TRADE PRACTICE HAS A SIGNIFICANT PUBLIC IMPACT.".
Renumber succeeding sections accordingly.".
Page 1 of the report, strike line 6 and substitute:
"Page 3 of the bill, strike lines 19 through 21.".
Page 1 of the report, line 8, strike ""(5)" and substitute ""(4)".
Page 1 of the report, after line 10 insert:
"Page 5 of the bill, line 3, strike "1 and 2" and substitute "2 and 3".
Page 5 of the bill, line 4, strike "3" and substitute "4".".
Amendment No. 3(L.027), by Senator Foote.
Amend reengrossed bill, page 4, line 18, strike "portion and (2)(a)(I)"
and substitute "portion, (2)(a)(I), and (3)".
Page 5, after line 1 insert:
"(3) Any person who brings an action under this article ARTICLE
1 that is found by the court to be FRIVOLOUS, LACKING FACTUAL SUPPORT
OR LEGAL BASIS, groundless and in bad faith, or for the purpose of
harassment shall be liable to the defendant for the costs of the action
together with reasonable attorney fees as determined by the court.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.
Senate Journal, May 2
HB19-1289 by Representative(s) Weissman; also Senator(s) Foote and Gonzales--Concerning the
creation of additional protections in the Colorado consumer code, and, in connection
therewith, enabling enforcement of the "Colorado Consumer Protection Act" for reckless
acts.
A majority of those elected to the Senate having voted in the affirmative, Senator Foote
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.032), by Senator Foote.
Amend revised bill, page 5, lines 21 and 22, strike "LACKING FACTUAL
SUPPORT OR LEGAL BASIS,".
The amendment was passed on the following roll call vote:
YES 35 NO 0 EXCUSED 0 ABSENT 0
Bridges Y Foote Y Marble Y Story Y
Cooke Y Gardner Y Moreno Y Tate Y
Coram Y Ginal Y Pettersen Y Todd Y
Court Y Gonzales Y Priola Y Williams A. Y
Crowder Y Hill Y Rankin Y Winter Y
Danielson Y Hisey Y Rodriguez Y Woodward Y
Donovan Y Holbert Y Scott Y Zenzinger Y
Fenberg Y Lee Y Smallwood Y President Y
Fields Y Lundeen Y Sonnenberg Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 23 NO 12 EXCUSED 0 ABSENT 0
Bridges Y Foote Y Marble N Story Y
Cooke Y Gardner Y Moreno Y Tate N
Coram N Ginal Y Pettersen Y Todd Y
Court Y Gonzales Y Priola Y Williams A. Y
Crowder Y Hill N Rankin N Winter Y
Danielson Y Hisey N Rodriguez Y Woodward N
Donovan Y Holbert N Scott N Zenzinger Y
Fenberg Y Lee Y Smallwood N President Y
Fields Y Lundeen N Sonnenberg N