Eye on the Legislature

January 29, 2018

House Bill 18-1028: Deceptive trade practices are not exactly an every day subject matter to most Coloradans, but is at play more than most realize. The Uniform Deceptive Trade Practices Act has been adopted by the State of Colorado, and its provisions are enforced under the Colorado Consumer Protection Act of the Colorado Revised Statutes (C.R.S.).

One of probably the most impacted aspects to Coloradans’ lives is Section 42-6-202 of the C.R.S. which prohibits any sort of tampering on the odometer of a vehicle with the intent to reduce the number of miles indicated on the odometer gauge.

Also of significant impact is C.R.S. 6-1-105 covering Deceptive Trade Practices such as:

advertised good, services, or property with intent not to sell them as advertised;
advertised goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
advertised under the guise of obtaining sales personnel when in fact the purpose is to first sell a product or service to the sales personnel applicant;
making false or misleading statements of fact concerning the price of goods, services or property or the reasons for existence of, or amounts of price reductions;
fails to deliver to the customer at the time of an installment sale of goods or services a written order, contract, or receipt setting forth the name and address of the seller, the name and address of the organization which he represents, and all of the terms and conditions of the sale, including a description of the goods or services, stated in readable, clear and unambiguous language; and
employs “bait and switch” advertising which is advertising accompanied by an effort to sell goods, services, or property other than those advertised or on terms other than those advertised.

As background on HB 1038, the Attorney General’s Office in the Department of Law and district attorneys prosecute deceptive trade practice cases, which may be civil or criminal in nature, with an investigation through various means including court rules governing subpoenas, a search warrant, a court order for the production of records, or a grand jury subpoena, among others.

Current law provides that a court “may order compliance with an investigation when it is necessary to terminate or prevent a deceptive trade practice.” HB 1028 provides clarification that “an investigation into a potential deceptive trade practice can be the basis for such court orders.”

Sponsors of House Bill 18-1028: Representatives of Tracy Kraft-Tharp (D-Jefferson) 866-2950, and Cole Wist (R-Arapaho) 866-5510; and Senators Lois Court (D-Arapaho) 866-4861, and Jack Tate (R-Arapaho) 866-4883.

House Bill 18-1041: To animal lovers, it is incomprehensible that legislation would be necessary for the crime of cruelty to certified police working horse, but as the flexibility of the police on horse has been recognized, we have reached that point. Maneuvering around, between and up onto sidewalks have meant the difference in capturing a criminal or not. HB 1041 adds a definition for “certified police working hose” to statute and adds certified police working horse to the crime of cruelty to a service animal or a certified police working dog, and makes it class 1 misdemeanor.

Also provided in HB 1041 is immunity for “a person who, in good faith, reports an incident of cruelty to a certified police working horse.” The same civil immunity from civil liability that persons have when reporting, in good faith, cruelty to a service animal or a certified police working dog.

The fiscal impact analysis also notes that “Restitution, including veterinary expenses and replacement costs, must be paid if the certified police working horse is permanently disabled or killed and the court finds the offense to have been committed with malicious intent.”

Sponsors of House Bill 18-1041: Representative Marc Catlin (R-Dolores, Montezuma, Montrose, San Miguel) 866-1041. No sponsor as yet in the Senate.

House Bill 18-1043: Few people take time to look at the country of origin when buying beef, but should. “Beef on the hoof” grazes and eats feed that is grown where bio-sludge is used to fertilize those pastures and crops. The sanitation of bio-sludge in foreign countries is very inferior to the United States process, is ingested by the “beef on the hoof”.

HB 1043 amends the Colorado Food and Drug Act to require anyone selling meat at retail to the public to conspicuously display a placard next to the beef designating it as either “U.S.A. Beef” or “imported,’ depending on where the animals were born, raised and slaughtered. Imported beef must be designated to indicate the beef’s country of origin.

Note: The bill exempts beef that has been manufactured, cured, smoked, cooked or processed, without further explanation. Effective date: August 8, 2018, if adjournment is on May 9, 2018 and no petition is filed.

Sponsors of House Bill 18-1043: Representative Kimmi Lewis (R-Baca, Bent, Crowley, Elbert, Kiowa, Las Animas, Lincoln, Prowers, Washington) 866-2398; and Senator Vicki Marble (R-Broomfield, Larimer, Weld) 866-4876.

The reader's comments or questions are always welcome. E-mail me at doris@dorisbeaver.com.