Ficarra v. Department of Regulatory Agencies
In Ficarra v. Department of Regulatory Agencies, 849 P.2d 6 (Colo. 1993), the supreme court applied a two-step analysis in distinguishing between retroactive and retrospective legislation:
(1) whether the General Assembly intended the legislation to be retroactive, i.e., affecting transactions or rights occurring before the legislation's effective date; and, (2) if so, whether the legislation becomes retrospective, and therefore unconstitutional as applied.
In Ficarra v. Department of Regulatory Agencies, supra, 849 P.2d at 15, the supreme court also explained that retroactive legislation becomes retrospective when the legislation:
"takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, with respect to transactions or consideration already passed."