House Committee of Reference Report
Committee on Judiciary
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February 19, 2025
After consideration on the merits, the Committee recommends the following:
HB25-1090 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, page 3, line 14, after "remedies -" insert "rules -".
Page 1, Line 2Page 4, strike line 8 and substitute "noticeable, readable, and
Page 1, Line 3understandable to ordinary persons;".
Page 1, Line 4Page 5, line 17, strike "department." and substitute "department,
Page 1, Line 5including taxes or fees that are imposed by, paid to, or passed on
Page 1, Line 6to a government, including a local government entity or other
Page 1, Line 7unit of local government, or a political subdivision of the state,
Page 1, Line 8including a government-created special district.".
Page 1, Line 9Page 5, line 22, strike "bill to" and substitute "bill.".
Page 1, Line 10Page 5, strike lines 23 through 25.
Page 1, Line 11Page 6, line 14, after "property;" insert "or".
Page 1, Line 12Page 6, strike lines 15 and 16 and substitute:
Page 1, Line 13"(B) A reasonable person would expect to be included in".
Page 1, Line 14Page 7, line 3, strike "subsection" and substitute "subsections" and
Page 1, Line 15after "(2)(a)" insert "and (3)(b)".
Page 1, Line 16Page 7, strike lines 7 through 11 and substitute:
Page 1, Line 17"(I) Is a food and beverage service establishment that, in
Page 1, Line 18every offer, display, or advertisement for the purchase of a
Page 2, Line 1good or service, includes with the price of the good or service
Page 2, Line 2offered, displayed, or advertised a clear and conspicuous
Page 2, Line 3disclosure of".
Page 2, Line 4Page, 7, strike lines 14 through 19 and substitute "is distributed;".
Page 2, Line 5Page 7, lines 21 and 22, strike "law regarding pricing
Page 2, Line 6transparency." and substitute "law, rule, or regulation regarding
Page 2, Line 7price transparency for the purposes of the transaction at issue,
Page 2, Line 8including, but not limited to:
Page 2, Line 9(A) The federal "Truth in Savings Act", 12 U.S.C. sec. 4301
Page 2, Line 10et seq.;
Page 2, Line 11(B) The federal "Electronic Fund Transfer Act", 15 U.S.C.
Page 2, Line 12sec. 1693 et seq.;
Page 2, Line 13(C) Section 19 of the "Federal Reserve Act", 12 U.S.C. sec.
Page 2, Line 14461 et seq., as amended;
Page 2, Line 15(D) The federal "Truth in Lending Act", 15 U.S.C. sec. 1601
Page 2, Line 16et seq.;
Page 2, Line 17(E) The federal "Home Ownership and Equity Protection
Page 2, Line 18Act", 15 U.S.C. sec. 1639;
Page 2, Line 19(F) The federal "Investment Company Act of 1940", 15
Page 2, Line 20U.S.C. 80a-1 et seq.;
Page 2, Line 21(G) The federal "Investment Advisers Act of 1940", 15
Page 2, Line 22U.S.C. sec. 80b-1 et seq.; or
Page 2, Line 23(H) The federal regulation best interest regulation in 17
Page 2, Line 24CFR 240.15l-1 pursuant to the federal "Securities Exchange Act
Page 2, Line 25of 1934", 15 U.S.C. 78a et seq.;
Page 2, Line 26(III) Can demonstrate that any fees, costs, or amounts
Page 2, Line 27charged in addition to the total price were:
Page 2, Line 28(A) Associated with settlement services, as defined by the
Page 2, Line 29federal "Real Estate Settlement Procedures Act", 12 U.S.C. sec.
Page 2, Line 302602 (3); and
Page 2, Line 31(B) Not real estate broker commissions or fees;
Page 2, Line 32(IV) Can demonstrate that the person is providing
Page 2, Line 33broadband internet access service on their own or as part of a
Page 2, Line 34bundle, as defined in 47 CFR 8.1 (b), and is compliant with the
Page 2, Line 35broadband consumer label requirements adopted by the federal
Page 2, Line 36communications commission in FCC 22-86 on November 14, 2022; or
Page 2, Line 37(V) Can demonstrate that they are an air carrier
Page 2, Line 38providing transportation as defined and regulated by the
Page 2, Line 39federal "Aviation Act of 1958", Pub.L. 85-726, and pursuant to
Page 2, Line 40the federal "Airline Deregulation Act of 1978", 49 U.S.C. sec.
Page 2, Line 4141712.".
Page 3, Line 1Page 8, line 4, strike "cost of the".
Page 3, Line 2Page 8, line 6, after "advertising" insert "an amount a person may
Page 3, Line 3pay for".
Page 3, Line 4Page 8, line 23, strike "unit;" and substitute "unit, except in
Page 3, Line 5accordance with section 38-12-801 (3)(a)(VI);".
Page 3, Line 6Page 8, line 27, strike "taxes or other".
Page 3, Line 7Page 9, strike line 1 and substitute "taxes;".
Page 3, Line 8Page 9, line 2, strike "payments;" and substitute "payments if a means
Page 3, Line 9of payment that is cost-free to the tenant is not reasonably
Page 3, Line 10accessible by the tenant;".
Page 3, Line 11Page 9, line 11, strike "charged;" and substitute "charged, except as
Page 3, Line 12provided in section 38-12-801 (3)(a)(VI);".
Page 3, Line 13Page 9, lines 15 and 16, strike "section or is otherwise
Page 3, Line 14unenforceable." and substitute "section.".
Page 3, Line 15Page 9, line 27, strike "occurred," and substitute "occurred in a
Page 3, Line 16dispute between a landlord and a tenant over a residential
Page 3, Line 17property or a lessor and a lessee of a commercial property,".
Page 3, Line 18Page 10, line 9, strike "a person" and substitute "an alleged
Page 3, Line 19violator".
Page 3, Line 20Page 10, strike line 16 and substitute "the person is liable for actual
Page 3, Line 21damages plus an interest rate of eighteen percent per annum
Page 3, Line 22compounded annually.".
Page 3, Line 23Page 10, strike lines 17 through 19.
Page 3, Line 24Page 10, after line 25 insert:
Page 3, Line 25"(6) The attorney general may adopt rules to implement
Page 3, Line 26this section.
Page 3, Line 27SECTION 3. In Colorado Revised Statutes, 6-1-720, amend (1)
Page 3, Line 28introductory portion, as follows:
Page 3, Line 296-1-720. Ticket sales - deceptive trade practice - definitions.
Page 3, Line 30(1) Notwithstanding section 6-1-737, a person engages in a deceptive
Page 4, Line 1trade practice when, in the course of the person's business, vocation, or
Page 4, Line 2occupation, the person:".
Page 4, Line 3Renumber succeeding section accordingly.
Page 4, Line 4Page 11, strike lines 4 through 12 and substitute:
Page 4, Line 5"(VI) A provision that requires a tenant to pay a:
Page 4, Line 6(A) Markup or fee for a service for which the landlord is billed by
Page 4, Line 7a third party; except that a written rental agreement may include a
Page 4, Line 8provision that requires a tenant to pay either a markup or fee in an amount
Page 4, Line 9that does not exceed two percent of the amount that the landlord was
Page 4, Line 10billed or a markup or fee in an amount that does not exceed a total of ten
Page 4, Line 11dollars per month, but not both. This subsection (3)(a)(VI) does not
Page 4, Line 12preclude a prevailing party from recovering an amount equal to any
Page 4, Line 13reasonable attorney fees awarded by a court pursuant to subsection
Page 4, Line 14(3)(a)(II) of this section; or
Page 4, Line 15(B) Fee, charge, or".
Page 4, Line 16Page 11, strike lines 14 through 23 and substitute:
Page 4, Line 17"SECTION 5. Act subject to petition - effective date -
Page 4, Line 18applicability. (1) This act takes effect January 1, 2026; except that, if a
Page 4, Line 19referendum petition is filed pursuant to section 1 (3) of article V of the
Page 4, Line 20state constitution against this act or an item, section, or part of this act
Page 4, Line 21within the ninety-day period after final adjournment of the general
Page 4, Line 22assembly, then the act, item, section, or part will not take effect unless
Page 4, Line 23approved by the people at the general election to be held in November
Page 4, Line 242026 and, in such case, will take effect on the date of the official
Page 4, Line 25declaration of the vote thereon by the governor.".