Rep. Jennifer Bacon

The act: Prohibits a person from offering, displaying, or advertising pricing information for a good, service, or property unless the person clearly and conspicuously discloses the maximum total (total price) of all amounts that a person may pay for the good, service, or property, not including a government charge or shipping charge unless voluntarily included (total price disclosure requirement); Prohibits a person from misrepresenting the nature and purpose of pricing information for a good, service, or property; Requires a person to clearly and conspicuously disclose the nature and purpose of pricing information for a good, service, or property that is not part of the total price; and Prohibits a landlord from requiring a tenant to pay certain fees, charges, or amounts or including in a written rental agreement a provision that requires the tenant to pay a fee, charge, or amount that is prohibited by the act. A person complies with the disclosure requirements if the person does not use deceptive, unfair, and unconscionable acts or practices related to the pricing of goods, services, or property and if the person: Is a food and beverage service establishment that includes a disclosure in the total price for a good or service the amount of any mandatory service charge and how the mandatory service charge is distributed; Can demonstrate that the total price of services the person offers is indeterminate at the time of the offer and clearly and conspicuously discloses the factors that determine the total price, any mandatory fees associated with the transaction, and that the total price may vary; Can demonstrate that the person is governed by and compliant with applicable federal law, rule, or regulation regarding pricing transparency for the particular transaction at issue; Can demonstrate that any fees, costs, or amounts in addition to the total price are associated with real estate settlement services and are not broker commissions or fees; Can demonstrate that the person is providing broadband internet access service or is a cable operator or broadcast satellite provider and is compliant with specified federal law; or Is a delivery network company that clearly and conspicuously discloses that an additional flat fee, variable fee, or percentage fee is charged, any mandatory fees associated with the transaction, and that the total price for the services may vary and complies with other requirements related to disclosure of the additional fee. A landlord or landlord's agent is not required to include, in the required disclosure, the actual amount charged for utility services provided to a tenant's dwelling unit. Additionally, a person is exempt from the act if the person is governed by federal law that preempts state law. A violation of the act constitutes a deceptive, unfair, and unconscionable act or practice and is subject to penalties under the "Colorado Consumer Protection Act". In addition to any other remedies available by law or in equity, in a dispute regarding property, a person aggrieved by a violation may send a written demand to the alleged violator: For reimbursement of any fee, charge, or amount unlawfully imposed and for any actual damages suffered; or To notify the alleged violator of their refusal to pay a prohibited fee, charge, or amount unlawfully imposed. If an alleged violator declines to make full legal tender of all fees, charges, amounts, or damages demanded or refuses to cease charging the aggrieved person within 14 days after receiving the written demand, the person is liable for actual damages plus 18% interest, compounded annually. The attorney general may adopt rules to implement the act. (Note: This summary applies to this bill as enacted.)

The act makes the following changes to current law regarding individuals to whom the department of labor and employment (department) provides vocational rehabilitation services (services): Eliminates the requirement that an individual with a disability requires financial assistance to participate; Allows the department to consider financial need before providing services during a period of cost containment to prevent or manage a wait list for services due to insufficient financial resources; Eliminates the requirement that an individual with a disability, or the individual's legally and financially responsible relative, must contribute toward the cost of their services to the extent that they are financially able; and To align Colorado law with federal law, eliminates the requirement that the department provide services only to individuals who are present in the state at the time of filing an application for the services and can satisfactorily achieve rehabilitation.(Note: This summary applies to this bill as enacted.)

The act requires that ammunition sold at retail must be accessible to a purchaser or transferee only with the assistance of the vendor, and the act prohibits the retail sale of ammunition to a person who is younger than 21 years of age. The act includes exceptions for in-person sales to persons who are 18-20 years of age at shooting ranges, who are members of the military and veterans, who have a hunter education certification, who are protected by a protection order, or who were born on or before January 28, 2007; sales to on-duty peace officers; and sales of rimfire ammunition. Unlawful sale of ammunition by violating either requirement is a civil infraction; except that a second or subsequent violation is a class 1 misdemeanor. The act requires a retail ammunition vendor who is shipping ammunition to use a delivery service that verifies that the person receiving the ammunition is 21 years of age. The act requires a retail ammunition deliverer to comply with federal law regarding the labeling and packaging of ammunition. When delivering a package containing ammunition sold at retail, the act requires a retail ammunition deliverer to verify that the person receiving the delivery is 21 years of age or older and obtain written acknowledgment of receipt from the recipient. Notwithstanding the age verification requirement, a retail ammunition deliverer may verify and deliver ammunition to a person who was born on or before January 28, 2007. The age verification and written notification requirements do not apply to a retail ammunition deliverer who does not know that the package contains ammunition because the sender failed to notify the deliverer that the package contains ammunition. (Note: This summary applies to this bill as enacted.)

Under current law, a "preneed contract" is a contract, agreement, or mutual understanding, or any security or other instrument that is convertible into a contract, agreement, or mutual understanding, whereby, upon the death of the preneed contract beneficiary, a final resting place, merchandise, or services are provided or performed in connection with the final disposition of the beneficiary's body. The act states that a preneed contract does not include a transportation protection agreement, which is an agreement that primarily provides for the coordination and arrangement, by a third party that is not a general provider, of services related to: The preparation of human remains for the purpose of transportation; or The transportation of human remains. The act also makes it a deceptive trade practice under the "Colorado Consumer Protection Act" as well as an unlawful act under the "Mortuary Science Code" for a funeral director to commit theft of money that a client or prospective client paid for funeral services. The act also changes the date by which an applicant for a provisional funeral director, mortuary science practitioner, embalmer, cremationist, or natural reductionist license must demonstrate at least 4,000 hours of work experience from January 1, 2026, to January 1, 2027. (Note: This summary applies to this bill as enacted.)

The act requires a gun show promoter to prepare a security plan and submit the security plan to each local law enforcement agency with jurisdiction over the gun show. The act places certain requirements on a gun show promoter, including requiring the promoter to: Have liability insurance for the gun show; Implement security measures at the gun show, including monitoring all entrances and exits and providing video surveillance of the gun show parking area and main entrance and exit; Prohibit persons under 18 years of age from entering the gun show unless the person is accompanied by a parent, grandparent, or guardian; For each customer who leaves with a purchased firearm, verify that the firearm has been delivered in compliance with the required the 3-day waiting period; and Post certain notices at the gun show. Violating any of the above provisions is unlawful gun show management, which is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor and, in addition to the criminal penalty, the promoter is prohibited from acting as a gun show promoter for 5 years. The act defines a "gun collectors show" as an event sponsored to facilitate the purchase, sale, offer for sale, or collection of only curios or relics or antique firearms, and not any other type of firearm. Gun collectors shows are not gun shows under the act. The act prohibits a person from participating in a gun show as a gun show vendor if the person is not a federal firearms licencee, does not hold a valid state firearms dealer permit, has been convicted of a second offense of unlawful gun show vendor activity as described in the act, or has not completed a gun show certification for the gun show promoter as required in the act. Unlawful participation in a gun show as a gun show vendor is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor. Before participating in a gun show, a gun show vendor is required to certify to the gun show promoter that the vendor satisfies the requirements to be a gun show vendor and will comply with federal, state, and local laws while participating in the gun show. While participating in a gun show, a gun show vendor shall display copies of the vendor's federal firearms license and state firearms dealer permit, keep firearms unloaded and securely affixed to the vendor's countertop or wall, display ammunition in accordance with state and federal law, and include with each sold firearm written information describing secure storage and lost or stolen firearm reporting requirements. Violating any of these provisions is unlawful gun show vendor activity, which is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor and the person is prohibited from participating as a vendor at a gun show. The act maintains the requirement in existing law that a gun show vendor conduct a background check for each firearm transfer at a gun show, but removes the maximum fee a licensed gun dealer may charge for each background check conducted at a gun show. (Note: This summary applies to this bill as enacted.)

The act creates an additional framework for insurance rebate law to allow usage of insurance rebates and related practices in a manner that meets specified criteria to maintain consumer protections. In provisions regarding unfair and deceptive trade practices in insurance, the act identifies, as an additional practice that shall not be construed as falling within the definition of discrimination or rebates, the practice of offering or providing a value-added product or service not specified in the insurance policy, at no cost or at a reduced cost, if the product or service: Relates to the insurance coverage; and Is primarily aimed to: Provide loss mitigation or loss control; Reduce claim costs or claim settlement costs; Provide education about liability risk or risk of loss to individuals or property; Monitor or assess risk, identify sources of risk, or develop strategies for eliminating or reducing risk; Enhance health; Promote financial wellness through items such as educational or financial planning services; Provide post-loss services; Encourage behavioral changes to improve the health or reduce the risk of death or disability of a customer; or Assist in the administration of employee or retiree benefit insurance coverage. The act implements additional provisions governing the usage of insurance rebates, including requirements to offer such rebates at a reasonable cost and in a manner that is not unfairly discriminatory and that provides certain other customer protections. (Note: This summary applies to this bill as enacted.)

The act requires the department of public health and environment (department), to the extent that funding is available as part of the department's green business network, to: Provide annual training that includes food waste prevention and reduction strategies; Develop a food waste reduction guidance document (document); Place the document on the department's public website; and Update the document at least annually. The act suggests means by which retail food establishments may donate or resell safe food. The act states that, on and after January 1, 2026, grocery stores are encouraged to: Clearly display the ingredients of items of prepared food; and Use "best if used or frozen by" dates rather than "sell by" dates upon prepared items of food. Current law provides civil and criminal immunity to a farmer, retail food establishment, correctional facility, school district, hospital, or processor, distributor, wholesaler, or retailer of food that donates items of food to a nonprofit organization for use or distribution in providing assistance to individuals in need. The act extends this immunity to apply to: Faith-based organizations that donate food; and Food donations to faith-based organizations and individuals. The act also clarifies that the immunity from liability applies regardless of whether the donated food is alleged to have caused illness or death. (Note: This summary applies to this bill as enacted.)

The act prohibits a person's failure to appear from forming the basis of a municipal criminal charge against the person. The act clarifies that, for purposes of the act, failure to appear includes contempt of court for the failure to appear or any other term used by a municipality to refer to a person's failure to appear at a scheduled court date. (Note: This summary applies to this bill as enacted.)

The act appropriates $74,577,313 to the legislative department for the payment of expenses in the 2025-26 state fiscal year. Of this amount, $72,829,086 is from the general fund, $5,000 is from cash funds, and $1,743,227 is from reappropriated funds. Additionally, the act: Appropriates $5,000 from the general fund to the youth advisory council cash fund; and Further appropriates to the legislative department, for use by the legislative council in the 2025-26 state fiscal year for document remediation, $150,000 from the general fund appropriation to the legislative department for the 2024-25 state fiscal year that was not expended in that fiscal year.(Note: This summary applies to this bill as enacted.)

The act requires an insurer that issues or renews an automobile insurance policy to include in the applicable coverage the replacement cost of a child restraint system that is in a motor vehicle at the time of a motor vehicle accident and to which the coverage is applicable. The act requires the insurer to ask a claimant if a child restraint system was in the motor vehicle at the time of the accident and, if so, requires the applicable coverage to cover the cost of its replacement. (Note: This summary applies to this bill as enacted.)