Amendments for HB25-1090
House Journal, February 19
38 HB25-1090 be amended as follows, and as so amended, be referred to
39 the Committee of the Whole with favorable
40 recommendation:
41
42 Amend printed bill, page 3, line 14, after "remedies -" insert "rules -".
43
44 Page 4, strike line 8 and substitute "NOTICEABLE, READABLE, AND
45 UNDERSTANDABLE TO ORDINARY PERSONS;".
46
47 Page 5, line 17, strike "DEPARTMENT." and substitute "DEPARTMENT,
48 INCLUDING TAXES OR FEES THAT ARE IMPOSED BY, PAID TO, OR PASSED ON
49 TO A GOVERNMENT, INCLUDING A LOCAL GOVERNMENT ENTITY OR OTHER
50 UNIT OF LOCAL GOVERNMENT, OR A POLITICAL SUBDIVISION OF THE STATE,
51 INCLUDING A GOVERNMENT-CREATED SPECIAL DISTRICT.".
52
53 Page 5, line 22, strike "BILL TO" and substitute "BILL.".
54
55 Page 5, strike lines 23 through 25.
56
1 Page 6, line 14, after "PROPERTY;" insert "OR".
2
3 Page 6, strike lines 15 and 16 and substitute:
4
5 "(B) A REASONABLE PERSON WOULD EXPECT TO BE INCLUDED IN".
6
7 Page 7, line 3, strike "SUBSECTION" and substitute "SUBSECTIONS" and
8 after "(2)(a)" insert "AND (3)(b)".
9
10 Page 7, strike lines 7 through 11 and substitute:
11
12 "(I) IS A FOOD AND BEVERAGE SERVICE ESTABLISHMENT THAT, IN
13 EVERY OFFER, DISPLAY, OR ADVERTISEMENT FOR THE PURCHASE OF A
14 GOOD OR SERVICE, INCLUDES WITH THE PRICE OF THE GOOD OR SERVICE
15 OFFERED, DISPLAYED, OR ADVERTISED A CLEAR AND CONSPICUOUS
16 DISCLOSURE OF".
17
18 Page, 7, strike lines 14 through 19 and substitute "IS DISTRIBUTED;".
19
20 Page 7, lines 21 and 22, strike "LAW REGARDING PRICING
21 TRANSPARENCY." and substitute "LAW, RULE, OR REGULATION REGARDING
22 PRICE TRANSPARENCY FOR THE PURPOSES OF THE TRANSACTION AT ISSUE,
23 INCLUDING, BUT NOT LIMITED TO:
4301 24 (A) THE FEDERAL "TRUTH IN SAVINGS ACT", 12 U.S.C. SEC.
25 ET SEQ.;
26 (B) THE FEDERAL "ELECTRONIC FUND TRANSFER ACT", 15 U.S.C.
27 SEC. 1693 ET SEQ.;
28 (C) SECTION 19 OF THE "FEDERAL RESERVE ACT", 12 U.S.C. SEC.
29 461 ET SEQ., AS AMENDED;
1601 30 (D) THE FEDERAL "TRUTH IN LENDING ACT", 15 U.S.C. SEC.
31 ET SEQ.;
32 (E) THE FEDERAL "HOME OWNERSHIP AND EQUITY PROTECTION
33 ACT", 15 U.S.C. SEC. 1639;
15 34 (F) THE FEDERAL "INVESTMENT COMPANY ACT OF 1940",
35 U.S.C. 80a-1 ET SEQ.;
15 36 (G) THE FEDERAL "INVESTMENT ADVISERS ACT OF 1940",
37 U.S.C. SEC. 80b-1 ET SEQ.; OR
17 38 (H) THE FEDERAL REGULATION BEST INTEREST REGULATION IN
39 CFR 240.15l-1 PURSUANT TO THE FEDERAL "SECURITIES EXCHANGE ACT
40 OF 1934", 15 U.S.C. 78a ET SEQ.;
41 (III) CAN DEMONSTRATE THAT ANY FEES, COSTS, OR AMOUNTS
42 CHARGED IN ADDITION TO THE TOTAL PRICE WERE:
43 (A) ASSOCIATED WITH SETTLEMENT SERVICES, AS DEFINED BY THE
44 FEDERAL "REAL ESTATE SETTLEMENT PROCEDURES ACT", 12 U.S.C. SEC.
45 2602 (3); AND
46 (B) NOT REAL ESTATE BROKER COMMISSIONS OR FEES;
47 (IV) CAN DEMONSTRATE THAT THE PERSON IS PROVIDING
48 BROADBAND INTERNET ACCESS SERVICE ON THEIR OWN OR AS PART OF A
49 BUNDLE, AS DEFINED IN 47 CFR 8.1 (b), AND IS COMPLIANT WITH THE
50 BROADBAND CONSUMER LABEL REQUIREMENTS ADOPTED BY THE FEDERAL
51 COMMUNICATIONS COMMISSION IN FCC 22-86 ON NOVEMBER 14, 2022; OR
52 (V) CAN DEMONSTRATE THAT THEY ARE AN AIR CARRIER
53 PROVIDING TRANSPORTATION AS DEFINED AND REGULATED BY THE
54 FEDERAL "AVIATION ACT OF 1958", PUB.L. 85-726, AND PURSUANT TO
55 THE FEDERAL "AIRLINE DEREGULATION ACT OF 1978", 49 U.S.C. SEC.
56 41712.".
1 Page 8, line 4, strike "COST OF THE".
2
3 Page 8, line 6, after "ADVERTISING" insert "AN AMOUNT A PERSON MAY
4 PAY FOR".
5
6 Page 8, line 23, strike "UNIT;" and substitute "UNIT, EXCEPT IN
7 ACCORDANCE WITH SECTION 38-12-801 (3)(a)(VI);".
8
9 Page 8, line 27, strike "TAXES OR OTHER".
10
11 Page 9, strike line 1 and substitute "TAXES;".
12
13 Page 9, line 2, strike "PAYMENTS;" and substitute "PAYMENTS IF A MEANS
14 OF PAYMENT THAT IS COST-FREE TO THE TENANT IS NOT REASONABLY
15 ACCESSIBLE BY THE TENANT;".
16
17 Page 9, line 11, strike "CHARGED;" and substitute "CHARGED, EXCEPT AS
18 PROVIDED IN SECTION 38-12-801 (3)(a)(VI);".
19
20 Page 9, lines 15 and 16, strike "SECTION OR IS OTHERWISE
21 UNENFORCEABLE." and substitute "SECTION.".
22
23 Page 9, line 27, strike "OCCURRED," and substitute "OCCURRED IN A
24 DISPUTE BETWEEN A LANDLORD AND A TENANT OVER A RESIDENTIAL
25 PROPERTY OR A LESSOR AND A LESSEE OF A COMMERCIAL PROPERTY,".
26
27 Page 10, line 9, strike "A PERSON" and substitute "AN ALLEGED
28 VIOLATOR".
29
30 Page 10, strike line 16 and substitute "THE PERSON IS LIABLE FOR ACTUAL
31 DAMAGES PLUS AN INTEREST RATE OF EIGHTEEN PERCENT PER ANNUM
32 COMPOUNDED ANNUALLY.".
33
34 Page 10, strike lines 17 through 19.
35
36 Page 10, after line 25 insert:
37
38 "(6) THE ATTORNEY GENERAL MAY ADOPT RULES TO IMPLEMENT
39 THIS SECTION.
40 SECTION 3. In Colorado Revised Statutes, 6-1-720, amend (1)
41 introductory portion, as follows:
42 6-1-720. Ticket sales - deceptive trade practice - definitions.
43 (1) NOTWITHSTANDING SECTION 6-1-737, a person engages in a deceptive
44 trade practice when, in the course of the person's business, vocation, or
45 occupation, the person:".
46
47 Renumber succeeding section accordingly.
48
49 Page 11, strike lines 4 through 12 and substitute:
50
51 "(VI) A provision that requires a tenant to pay a:
52 (A) Markup or fee for a service for which the landlord is billed by
53 a third party; except that a written rental agreement may include a
54 provision that requires a tenant to pay either a markup or fee in an amount
55 that does not exceed two percent of the amount that the landlord was
56 billed or a markup or fee in an amount that does not exceed a total of ten
1 dollars per month, but not both. This subsection (3)(a)(VI) does not
2 preclude a prevailing party from recovering an amount equal to any
3 reasonable attorney fees awarded by a court pursuant to subsection
4 (3)(a)(II) of this section; OR
5 (B) FEE, CHARGE, OR".
6
7 Page 11, strike lines 14 through 23 and substitute:
8
9 "SECTION 5. Act subject to petition - effective date -
10 applicability. (1) This act takes effect January 1, 2026; except that, if a
11 referendum petition is filed pursuant to section 1 (3) of article V of the
12 state constitution against this act or an item, section, or part of this act
13 within the ninety-day period after final adjournment of the general
14 assembly, then the act, item, section, or part will not take effect unless
15 approved by the people at the general election to be held in November
16 2026 and, in such case, will take effect on the date of the official
17 declaration of the vote thereon by the governor.".
18
19
House Journal, February 28
17 Amendment No. 1, Judiciary Report, dated February 19, 2025, and placed
18 in member’s bill file; Report also printed in House Journal, February 20,
19 2025.
20
21 Amendment No. 2, by Representative Sirota:
22
23 Amend the Judiciary Committee Report, dated February 19, 2025, page
24 1, after line 10 insert:
25
26 "Page 6 of the printed bill, strike line 5 and substitute "A PERSON.".".
27
28 Page 1 of the committee report, strike lines 12 and 13 and substitute:
29
30 "Page 6 of the bill, line 15, strike "PERSON; OR" and substitute "PERSON.".
31
32 Page 6 of the bill, strike lines 16 and 17.
33
34 Page 6 of the bill, line 19, strike "CHARGE." and substitute "CHARGE
35 UNLESS INCLUDED AT THE OPTION OF THE PERSON OFFERING, DISPLAYING,
36 OR ADVERTISING THE GOOD, SERVICE, OR PROPERTY.".".
37
38 Page 2 of the committee report, line 31, after "FEES;" add "OR".
39
40 Page 2 of the committee report, line 36, strike "2022; OR" and substitute
41 "2022.".
42
43 Page 2 of the committee report, strike lines 37 through 41 and substitute:
44
45 "(c) THIS SECTION DOES NOT APPLY TO A PERSON THAT CAN
46 DEMONSTRATE THAT THE PERSON IS GOVERNED BY AND COMPLIANT WITH
47 FEDERAL LAW THAT REGULATES PRICING TRANSPARENCY FOR THE
48 TRANSACTION AT ISSUE AND THAT PREEMPTS STATE LAW.
49 (d) SUBSECTION (2)(a) OF THIS SECTION DOES NOT REQUIRE A
50 LANDLORD OR LANDLORD'S AGENT TO INCLUDE, IN THE DISCLOSURE OF
51 THE TOTAL PRICE FOR A DWELLING UNIT, THE ACTUAL COST CHARGED BY
52 A UTILITY PROVIDER FOR SERVICE TO A TENANT'S DWELLING UNIT.".".
53
54 Page 3 of the committee report, after line 3 insert:
55
1 "Page 8 of the bill, line 13, strike "AN AMOUNT CHARGED FOR THE" and
2 substitute "THE AMOUNT CHARGED FOR THAT".
3
4 Page 8 of the bill, line 14, strike "PROPERTY;" and substitute "PROPERTY
5 THAT IS NOT PART OF THE TOTAL PRICE;".
6
7 Page 8 of the bill, line 15, strike "A" and substitute "THAT".
8 Page 8 of the bill, line 16, strike "CHARGED;" and substitute "CHARGED
9 THAT IS NOT PART OF THE TOTAL PRICE;".
10
11 Page 8 of the bill, line 17, strike "AN AMOUNT CHARGED FOR THE" and
12 substitute "THE AMOUNT CHARGED FOR THAT".
13
14 Page 8 of the bill, line 18, strike "PROPERTY." and substitute "PROPERTY
15 THAT IS NOT PART OF THE TOTAL PRICE.".".
16
17 Amendment No. 3, by Representative Sirota:
18
19 Amend printed bill, page 7, before line 20 insert:
20
21 "(II) CAN DEMONSTRATE THAT THE PERSON IS OFFERING SERVICES
22 FOR WHICH THE TOTAL PRICE OF THE SERVICE CANNOT REASONABLY BE
23 KNOWN AT THE TIME OF THE OFFER DUE TO FACTORS THAT DETERMINE THE
24 TOTAL PRICE THAT ARE BEYOND THE CONTROL OF THE PERSON OFFERING
25 THE SERVICE, INCLUDING FACTORS THAT ARE DETERMINED BY CONSUMER
26 SELECTIONS OR PREFERENCES OR THAT RELATE TO DISTANCE OR TIME, AND
27 CLEARLY AND CONSPICUOUSLY DISCLOSES:
28 (A) THE FACTORS THAT DETERMINE THE TOTAL PRICE;
29 (B) ANY MANDATORY FEES ASSOCIATED WITH THE TRANSACTION;
30 AND
31 (C) THAT THE TOTAL PRICE OF THE SERVICES MAY VARY.".
32
33 Reletter succeeding subparagraph accordingly.
34
35 Amendment No. 4, by Representative Sirota:
36
37 Amend printed bill, page 3, strike lines 16 through 18.
38
39 Reletter succeeding paragraphs accordingly.
40
41 Page 4, line 24, strike "(1)(b)" and substitute "(1)(a)".
42
43 Page 6, line 10, strike "MANDATORY ANCILLARY" and substitute
44 "ADDITIONAL MANDATORY GOODS, SERVICES, OR PROPERTIES.".
45
46 Page 6, strike line 11.
47
48 As amended, ordered engrossed and placed on the Calendar for Third
49 Reading and Final Passage.
50
Senate Journal, March 19
After consideration on the merits, the Committee recommends that HB25-1090 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 4, after line 26 insert:
"(c) "DELIVERY NETWORK COMPANY" HAS THE MEANING SET FORTH IN
SECTION 8-4-126 (1)(c).".
Reletter succeeding paragraphs accordingly.
Page 8, line 24, strike the second "OR".
Page 9, line 2, strike "2022." and substitute "2022; OR
(VI) CAN DEMONSTRATE THAT THE PERSON IS A CABLE OPERATOR OR
DIRECT BROADCAST SATELLITE PROVIDER AND IS COMPLIANT WITH TRUTH IN
BILLING AND ADVERTISING REQUIREMENTS SPECIFIED IN 47 CFR 76.310.".
Page 9, strike lines 3 through 6 and substitute:
"(c) (I) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
CONTRARY, A DELIVERY NETWORK COMPANY IS COMPLIANT WITH SUBSECTIONS
(2)(a) AND (3)(b) OF THIS SECTION IF THE DELIVERY NETWORK COMPANY DOES
NOT USE DECEPTIVE, UNFAIR, AND UNCONSCIONABLE ACTS OR PRACTICES
RELATED TO THE PRICING OF GOODS, SERVICES, OR PROPERTY AND:
(A) CLEARLY AND CONSPICUOUSLY DISCLOSES, AT THE POINT WHEN A
CONSUMER VIEWS AND SELECTS A VENDOR OR GOODS OR SERVICES FOR
PURCHASE, THAT AN ADDITIONAL FLAT FEE, VARIABLE FEE, OR PERCENTAGE FEE
IS CHARGED, INCLUDING THE AMOUNT OF OR, IN THE CASE OF A VARIABLE FEE
THAT IS DEPENDENT ON CONSUMER SELECTIONS OR DISTANCE AND TIME, THE
FACTORS DETERMINING THE FEE, ANY MANDATORY FEES ASSOCIATED WITH THE
TRANSACTION, AND THAT THE TOTAL PRICE OF THE SERVICES MAY VARY;
(B) PROVIDES AN ACCURATE DESCRIPTION OF THE RECIPIENTS AND
PURPOSES OF THE ADDITIONAL FLAT FEE, VARIABLE FEE, OR PERCENTAGE FEE IN
CONCISE LANGUAGE; AND
(C) DISPLAYS, AFTER A CONSUMER SELECTS A VENDOR OR GOODS OR
SERVICES FOR PURCHASE BUT BEFORE COMPLETING THE TRANSACTION, A
SUBTOTAL PAGE THAT ITEMIZES THE PRICE OF THE GOODS OR SERVICES FOR
PURCHASE AND THE ADDITIONAL FLAT FEE, VARIABLE FEE, OR PERCENTAGE FEE
THAT IS INCLUDED IN THE TOTAL PRICE.
(II) A DELIVERY NETWORK COMPANY MAY DISPLAY THE INFORMATION
REQUIRED BY THIS SUBSECTION (2)(c) AS FOLLOWS:
(A) BY DISPLAYING ALL OF THE INFORMATION SPECIFIED IN SUBSECTION
(2)(c)(I) OF THIS SECTION ON THE SAME PAGE; OR
(B) BY USING CONCISE LANGUAGE DISPLAYED VIA REASONABLE AND
ACCESSIBLE MEANS AS DEFINED BY THE ATTORNEY GENERAL BY RULE.".
Page 11, line 9, strike "(a)".
Page 11, strike lines 12 through 27.
Page 12, strike lines 1 through 19 and insert:
"(6) THIS SECTION DOES NOT APPLY TO A PERSON GOVERNED BY
FEDERAL LAW THAT PREEMPTS STATE LAW.".
Renumber succeeding subsection accordingly.
Senate Journal, March 25
HB25-1090 by Representative(s) Sirota and Ricks; also Senator(s) Weissman and Cutter--Concerning
protections against deceptive pricing practices.
Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, March 19, page(s) 515-516 and placed in members' bill files.)
Amendment No. 2(L.027), by Senator Weissman.
Amend the Judiciary Committee Report, dated March 19, 2025, page 2, strike
lines 18 through 20 and substitute:
"Page 11 of the reengrossed bill, strike lines 12 through 18 and substitute:
"(b) (I) IN ADDITION TO ANY REMEDIES OTHERWISE PROVIDED BY LAW
OR IN EQUITY, PURSUANT TO A GOOD FAITH BELIEF THAT A VIOLATION OF ANY".
Page 12 of the bill, line 8, strike "(5)(b)(I)(B)" and substitute "(5)(b)(I)".
Page 12 of the bill, after line 19 insert:".
As amended, ordered revised and placed on the calendar for third reading and final
passage.