Amendments for HB25-1010
House Journal, February 7
41 HB25-1010 be amended as follows, and as so amended, be referred to
42 the Committee of the Whole with favorable
43 recommendation:
44
45 Amend printed bill, page 2, strike lines 3 and 4 and substitute
46 "introductory portion, (1)(a)(I), (2) introductory portion, (3), (5)
47 introductory portion, (5)(a), and (5)(k); and add (2.5), (3.5), (4.5),
48 (5)(a.5), (5)(l.5), and (5)(l.7) as follows:".
49
50 Page 2, strike line 11 and substitute "declared disaster results in OR
51 abnormal MARKET disruptions of the market RESULT IN PRICE INCREASES
52 OR WHEN A".
53
54 Page 2, after line 14 insert:
55
1 "(2) A person engages in an unfair and unconscionable act or
2 practice when, DURING AN ABNORMAL MARKET DISRUPTION, THE PERSON
3 CHARGES A PRICE SO EXCESSIVE AS TO AMOUNT TO PRICE GOUGING IN THE
4 SALE OR OFFER FOR SALE OF NECESSITIES OR WHEN, during a disaster
5 period and within the designated area, the person charges a price so
6 excessive as to amount to price gouging in:".
7
8 Page 2, line 24, strike "attributable to" and substitute "attributable to:".
9
10 Page 3, strike line 1 and substitute:
11
12 "(a) Additional costs imposed by the seller's supplier or suppliers
13 or other
14
15 Page 3, strike line 3 and substitute "the seller; OR
16 (b) SEASONAL PRICING.
17 (3.5) THIS SECTION DOES NOT APPLY TO:
18 (a) A SHORT-TERM RENTAL;
19 (b) A PUBLIC UTILITY REGULATED BY THE PUBLIC UTILITIES
20 COMMISSION PURSUANT TO TITLE 40; EXCEPT THAT THIS SECTION DOES
21 APPLY TO A BUSINESS THAT THE PUBLIC UTILITIES COMMISSION REGULATES
22 PURSUANT TO ARTICLE 10.1 OF TITLE 40; OR
23 (c) THE SALE OF REAL PROPERTY.".
24
25 Page 3, after line 7 insert:
26
27 "(a) "Building materials" means lumber, construction tools,
28 windows, and other materials used in the repair or reconstruction of a
29 structure or other property "ABNORMAL MARKET DISRUPTION" MEANS ANY
30 CHANGE IN THE MARKET, WHETHER ACTUAL OR IMMINENTLY
31 THREATENED, THAT RESULTS FROM A DISASTER, FAILURE OR SHORTAGE OF
32 ELECTRIC POWER OR OTHER SOURCE OF ENERGY, CIVIL DISORDER, WAR,
33 TERRORIST ATTACK, MILITARY ACTION, NATIONAL OR LOCAL EMERGENCY,
34 PUBLIC HEALTH EMERGENCY, DRUG SHORTAGE, EXCESSIVE MARKET
35 CONSOLIDATION, TRADE DISRUPTION, INFLATION, OR ANY OTHER CAUSE OF
36 AN ATYPICAL DISRUPTION IN THE MARKET THAT A PERSON MAY EXPLOIT
37 TO MANIPULATE PRICES IN A MANNER THAT DOES NOT REFLECT THE BASIC
38 FORCES OF SUPPLY AND DEMAND.
39 (a.5) "BUILDING MATERIALS" MEANS LUMBER, CONSTRUCTION
40 TOOLS, WINDOWS, AND OTHER MATERIALS USED IN THE REPAIR OR
41 RECONSTRUCTION OF A STRUCTURE OR OTHER PROPERTY.".
42
43 Page 3, after line 10 insert:
44
45 "(l.5) "SEASONAL PRICING" MEANS PRICING THAT IS CONSISTENT
46 WITH HISTORICAL DATA SHOWING THE PRICES THAT WERE CHARGED
47 DURING THE SAME SEASON IN THE PREVIOUS THREE YEARS.
48 (l.7) "SHORT-TERM RENTAL" has the meaning set forth in section
49 30-15-401 (1)(s.5)(III).".
50
51
House Journal, March 7
30 Amendment No. 1, by Representative Brown:
31
32 Amend printed bill, page 2, strike lines 2 through 24.
33
34 Page 3, strike lines 1 through 10 and substitute:
35
36 "SECTION 1. In Colorado Revised Statutes, 24-33.5-703, amend
37 (3) as follows:
38 24-33.5-703. Definitions. As used in this part 7, unless the
39 context otherwise requires:
40 (3) "Disaster" means the occurrence or imminent threat of
41 widespread or severe damage, injury, or loss of life or property resulting
42 from any natural cause or cause of human origin, including but not
43 limited to fire; flood; earthquake; wind; storm; wave action; hazardous
44 substance incident; oil spill or other water contamination requiring
45 emergency action to avert danger or damage; volcanic activity; epidemic;
46 air pollution; blight; drought; infestation; explosion; civil disturbance;
47 hostile military or paramilitary action; A MARKET DISRUPTION, INCLUDING
48 A TRADE DISRUPTION OR AN ATYPICAL DISRUPTION IN THE MARKET THAT
49 AFFECTS PRODUCTION, DISTRIBUTION, OR CONSUMPTION OF A PRODUCT OR
50 SERVICE; or a condition of riot, insurrection, or invasion existing in the
51 state or in any county, city, town, or district in the state.
52 SECTION 2. In Colorado Revised Statutes, 6-1-730, add (2.5)
53 as follows:
54
1 6-1-730. Price gouging during declared disaster prohibited -
2 deceptive trade practice - legislative declaration - definitions. (2.5) IF
3 THE GOVERNOR DECLARES A DISASTER EMERGENCY PURSUANT TO SECTION
4 24-33.5-704 (4) AND THE DISASTER EMERGENCY DECLARATION CITES TO
5 THIS SUBSECTION (2.5), A PRICE INCREASE IN THE SALE OR OFFER FOR SALE
6 OF ANY GOOD OR SERVICE LISTED IN SUBSECTION (2) OF THIS SECTION
7 AMOUNTS TO PRICE GOUGING IF THE PRICE HAS INCREASED BY MORE THAN
8 TEN PERCENT OF THE PRICE AT WHICH THE SELLER SOLD OR OFFERED FOR
9 SALE SIMILAR GOODS OR SERVICES BEFORE THE DISASTER BEGAN OR, IF
10 THE SELLER DID NOT SELL OR OFFER FOR SALE SIMILAR GOODS OR
11 SERVICES BEFORE THE DISASTER BEGAN, THE PRICE AT WHICH A SIMILARLY
12 SITUATED SELLER SOLD OR OFFERED FOR SALE SIMILAR GOODS OR
13 SERVICES BEFORE THE DISASTER BEGAN.".
14
15 Renumber succeeding section accordingly.
16
17 As amended, ordered engrossed and placed on the Calendar for Third
18 Reading and Final Passage.
19
Senate Journal, March 31
HB25-1010 by Representative(s) Zokaie and Brown, Clifford, Garcia, Mabrey, Rutinel, Smith, Stewart
R., Velasco; also Senator(s) Weissman, Gonzales J.--Concerning a prohibition against
engaging in price gouging.
Amendment No. 1(L.044), by Senator Weissman.
Amend reengrossed bill, page 2, line 18, after "(2.5)" insert "and (3.5)".
Page 3, after line 8 insert:
"(3.5) FOR THE PURPOSES OF SUBSECTION (2.5) OF THIS SECTION, A
PRICE SHALL NOT BE CONSIDERED UNREASONABLY EXCESSIVE IF THE SELLER
CAN PROVE THAT THE PRICE CHARGED BY THE SELLER IS DIRECTLY
ATTRIBUTABLE TO SEASONAL PRICING.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.
(For further action, see amendments to the report of the Committee of the Whole.)
Senate Journal, March 31
HB25-1010 by Representative(s) Zokaie and Brown, Clifford, Garcia, Mabrey, Rutinel, Smith, Stewart
R., Velasco; also Senator(s) Weissman, Gonzales J.--Concerning a prohibition against
engaging in price gouging.
Senator Pelton R. moved to amend the Report of the Committee of the Whole to show
that the following Lundeen floor amendment, (L.045) to HB25-1010, did pass.
Amend reengrossed bill, page 2, line 18, after "(2.5)" insert "and (5)(l.5)".
Page 2, line 24, after the second "sale" insert "to a retail consumer".
Page 3, after line 8 insert:
"(5) As used in this section:
(l.5) "Retail consumer" means an individual who enters into a transaction
with another individual or an entity licensed to engage in retail sales within
this state primarily for personal, family, or household purposes.".
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 14 NO 18 EXCUSED 3 ABSENT 0
Amabile Y Daugherty N Liston Y Rodriguez N
Baisley Y Exum N Lundeen Y Simpson Y
Ball N Frizell Y Marchman N Snyder N
Bridges E Gonzales J. N Michaelson N Sullivan N
Bright Y Hinrichsen N Mullica N Wallace Y
Carson Y Jodeh E Pelton B. Y Weissman N
Catlin Y Kipp N Pelton R. Y Winter F. N
Cutter N Kirkmeyer Y Rich Y President N
Danielson E Kolker N Roberts N