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Colorado Democratic bill takes on price gouging at airports, hospitals, and through online delivery platforms

House Bill 26-1012 is heading to the House Judiciary Committee on Tuesday, where a heated debate is expected during the proposal's first hurdle in the Capitol
Colorado Democratic bill takes on price gouging at airports, hospitals, and through online delivery platforms
Colorado State Capitol
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UPDATE: March 3, 3:36 p.m.: The House Judiciary Committee postponed the bill indefinitely in a 7-4 vote.

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DENVER, Colo. — It's a universal experience, going to buy a water while at a concert or inside an airport, and paying more than a drink at a dive bar.

House Bill 26-1012, a Democratic bill that will be heard in the House Judiciary Committee on Tuesday, aims to address that.

"I understand that businesses want to make money and squeeze every cent from consumers, but we as a legislature are stepping in to say that's actually not acceptable," said State Rep. Yara Zokaie, D, District 52, who is a prime sponsor of the legislation.

There are two components of HB26-1012. The first requires delivery service fees to be clearly displayed as a comparison for consumers to show the cost difference between goods when delivered versus purchased in-person.

"It is about transparency around delivery service fees, things like DoorDash and Instacart, to ensure that people know that they are, many times, paying a markup on individual items that they are purchasing," explained Zokaie.

The second part of the bill is focused on places like concert venues, hospitals or airports, where consumers can only patronize the businesses that typically have a higher price tag on their products.

Under the proposal, a deceptive trade practice would be created if a good or service is sold in such spaces for more than the average price of that same good or service elsewhere in the county.

“We are saying that businesses that are operating within these captive settings cannot charge an excessive price, which we have defined as above average what you would receive outside of that setting," explained Zokaie. “It's on individual businesses to comply with the law, and if they fail to do so, the Attorney General's Office has enforcement authority.”

Organizations that are opposed to the bill include AEG Presents and Live Nation, along with the Colorado Hospital and Restaurant Associations.

Meanwhile, DoorDash and Instacart have registered in the 'Amending' position, meaning they would like to see changes made to the bill. Zokaie said there are amendments to the bill that will likely be made within Tuesday's committee hearing.

Scripps News Denver spoke with State Rep. Chris Richardson, R, District 56, about the bill when it was introduced in January.

"We're all very concerned about affordability for our citizens in Colorado, but this one seems to target venues in urban areas, but could have statewide impacts in a way that I don't think are anticipated," said Richardson. "If you've got tickets to a Broncos game, you've got disposable income, and if a hot dog or a beer is a lot more expensive than outside the stadium, that's a decision folks are making. And you know, it can be annoying, I suppose, if you go to a venue and things are very expensive, but it is a choice you're making."

HB26-1012 will be heard in the House Judiciary Committee on Tuesday. Zokaie said she believes the bill will have the votes needed to advance out of committee.

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