Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0446.01 Jery Payne x2157
SENATE BILL 22-034
Senate Committees House Committees
Business, Labor, & Technology Business Affairs & Labor
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO COUNTERACT THE FILING OF FRAUDULENT101
BUSINESS DOCUMENTS WITH THE SECRETARY OF STATE .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, a business entity submits to the secretary of
state for online filing documents that concern the creation, organization,
and operations of the entity. By submitting a document, an individual
affirms under penalty of perjury that the individual is authorized to file
the document, the facts in the document are true, and the document
otherwise complies with the secretary of state's filing requirements. The
HOUSE
Amended 2nd Reading
March 25, 2022
SENATE
3rd Reading Unamended
February 17, 2022
SENATE
Amended 2nd Reading
February 16, 2022
SENATE SPONSORSHIP
Kolker and Priola, Bridges, Buckner, Gardner, Gonzales, Holbert, Kirkmeyer, Lundeen,
Pettersen, Smallwood, Winter, Woodward
HOUSE SPONSORSHIP
Bird and Sandridge,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. secretary of state files the document in an online database as a ministerial
act and does not independently verify whether the document is accurate.
The bill creates a complaint process for a person whose business
identity or personal identifying information has been used in the filing of
these documents with the secretary of state without authority or for
fraudulent activity. If a complaint is submitted with the secretary of state,
the secretary may forward the complaint to the attorney general for
further investigation. The attorney general may investigate the complaint
and refer the complaint to an administrative law judge.
If an administrative law judge determines that an entity has been
created fraudulently or without authorization, the secretary of state will:
! Mark the business record with a notice that the entity is
fraudulent or unauthorized;
! Redact each address that was used without authorization
from the entity's filing and from any other relevant filings;
and
! Disable additional filing functionality on the entity's
records.
If an administrative law judge determines that an unauthorized
filing was made for a legitimate entity, the secretary of state will:
! Mark each unauthorized filing for the entity to notify the
public that the filing is unauthorized;
! Redact from the entity's filing and from the relevant filings
each address and name that was used without authorization;
and
! Mark the business record on the entity's filing to notify the
public that the entity has been the victim of fraudulent or
unauthorized acts.
If a person alleged to have committed fraud or unauthorized acts
fails to respond to the complaint, the allegations are deemed conceded,
and the secretary of state will take the appropriate steps listed above in
the same manner as if the finding had been made by an administrative law
judge.
Additionally, the bill states that fraudulent filings are unfair or
deceptive trade practices under the "Colorado Consumer Protection Act"
and as such are subject to enforcement by the attorney general's office.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 7-90-314
and2
7-90-315 as follows:3
7-90-314. Fraudulent filings - complaint - review - referral to4
034-2- attorney general - referral to administrative law judge - marking1
filing as fraudulent - deceptive trade practice. (1) Fraudulent filings.2
T
HE FOLLOWING ACTIONS ARE PROHIBITED :3
(a) I
NCLUDING THE NAME OF A PERSON ON A DOCUMENT FILED IN4
THE SECRETARY OF STATE'S OFFICE UNDER THIS PART 3 WITHOUT THE5
NAMED PERSON'S WRITTEN CONSENT IF THE PERSON IS INCLUDED IN THE6
FILING AS:7
(I) T
HE REGISTERED AGENT;8
(II) T
HE INDIVIDUAL CAUSING THE DOCUMENT TO BE DELIVERED9
TO THE SECRETARY OF STATE'S OFFICE FOR FILING;10
(III) T
HE PERSON INCORPORATING, FORMING, OR ORGANIZING AN11
ENTITY; OR12
(IV) A
NY OTHER PERSON REQUIRED UNDER THIS TITLE 7 TO BE13
IDENTIFIED IN A DOCUMENT FILED IN THE SECRETARY OF STATE 'S OFFICE;14
(b) I
NCLUDING AN ADDRESS IN A DOCUMENT FILED IN THE15
SECRETARY OF STATE'S OFFICE UNDER THIS PART 3 WITHOUT THE CONSENT16
OF THE OWNER OF OR OCCUPANT OF THE INCLUDED ADDRESS ; AND17
(c) D
ELIVERING A DOCUMENT REGARDING AN ENTITY TO THE18
SECRETARY OF STATE'S OFFICE IF THE INDIVIDUAL WHO MAKES THE19
DELIVERY LACKS THE NECESSARY WRITTEN CONSENT OR AUTHORITY TO20
DO SO.21
(2) Complaint. A
PERSON THAT IS NAMED IN OR OTHERWISE22
AFFECTED BY THE FILING OF A DOCUMENT UNDER THIS PART 3 MAY SUBMIT23
A COMPLAINT TO THE SECRETARY OF STATE , ON A FORM PRESCRIBED BY24
THE SECRETARY OF STATE, ALLEGING THAT THE FILING WAS MADE IN25
VIOLATION OF SUBSECTION (1) OF THIS SECTION. THE COMPLAINT MUST26
INCLUDE AT LEAST THE FOLLOWING INFORMATION :27
034
-3- (a) A DESCRIPTION OF THE ALLEGED VIOLATION ;1
(b) T
HE NAME; STREET ADDRESS; TELEPHONE NUMBER; E-MAIL2
ADDRESS, IF AVAILABLE; AND ANY ADDITIONAL CONTACT INFORMATION3
OF THE PERSON MAKING THE COMPLAINT ;4
(c) T
HE NAME; STREET ADDRESS; TELEPHONE NUMBER; E-MAIL5
ADDRESS, IF AVAILABLE; AND ANY ADDITIONAL CONTACT INFORMATION6
OF ANY THIRD PARTY AUTHORIZED TO SUBMIT THE COMPLAINT BY AND ON7
BEHALF OF THE PERSON THAT IS NAMED IN OR AFFECTED BY THE FILING ;8
(d) T
HE UNIQUE IDENTIFICATION NUMBER ASSIGNED BY THE9
SECRETARY OF STATE TO EACH FILED DOCUMENT THAT IS ALLEGED TO10
HAVE BEEN FILED IN VIOLATION OF SUBSECTION (1) OF THIS SECTION;11
(e) T
HE UNIQUE IDENTIFICATION NUMBER ASSIGNED BY THE12
SECRETARY OF STATE TO EACH ENTITY ASSOCIATED WITH BOTH THE13
COMPLAINT AND THE FILING;14
(f) I
NFORMATION, IF KNOWN TO THE PERSON MAKING THE15
COMPLAINT, IDENTIFYING EACH PERSON INVOLVED IN THE FILING ,16
INCLUDING NAMES, STREET ADDRESSES, TELEPHONE NUMBERS, WEBSITES,17
AND E-MAIL ADDRESSES;18
(g) I
NFORMATION, IF KNOWN, IDENTIFYING THE NATURE OF ANY19
BUSINESS OR PERSONAL RELATIONSHIP BETWEEN THE PERSON SUBMITTING20
THE COMPLAINT AND EACH PERSON INVOLVED IN THE ALLEGED VIOLATION ;21
(h) A
STATEMENT BY THE PERSON SUBMITTING THE COMPLAINT ,22
UNDER PENALTY OF PERJURY PURS UANT TO SECTION 7-90-301.5, THAT THE23
PERSON BELIEVES IN GOOD FAITH THAT THE FACTS STATED IN THE24
COMPLAINT ARE TRUE AND THAT THE COMPLAINT COMPLIES WITH THE25
REQUIREMENTS OF THIS PART 3, THE CONSTITUENT DOCUMENTS , AND THE26
ORGANIC STATUTES; AND27
034
-4- (i) ANY ADDITIONAL INFORMATION THAT THE PERSON BELIEVES1
MAY ASSIST IN AN INVESTIGATION OF THE COMPLAINT .2
(3) Review - secretary of state. (a) U
PON RECEIPT OF A3
COMPLAINT SUBMITTED PURSUANT TO SUBSECTION (2) OF THIS SECTION,4
THE SECRETARY OF STATE SHALL REVIEW THE COMPLAINT AND EVALUATE5
WHETHER THE COMPLAINT INDICATES A VIOLATION OF SUBSECTION (1) OF6
THIS SECTION AND SATISFIES THE REQUIREMENTS OF SUBSECTION (2) OF7
THIS SECTION. IF SO, THE SECRETARY OF STATE , USING ELECTRONIC8
MEANS, SHALL REFER THE COMPLAINT TO THE ATTORNEY GENERAL FOR9
REVIEW AND INVESTIGATION UNDER THE "COLORADO CONSUMER10
P
ROTECTION ACT", ARTICLE 1 OF TITLE 6.11
(b) I
F THE SECRETARY OF STATE DETERMINES THAT THE12
INFORMATION PROVIDED IN A COMPLAINT DOES NOT INDICATE A13
VIOLATION OF SUBSECTION (1) OF THIS SECTION OR DOES NOT SATISFY THE14
REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION, THE SECRETARY OF15
STATE
SHALL NOTIFY THE PERSON THAT SUBMITTED THE COMPLAINT OF16
THE FACT AND PROVIDE AN EXPL ANATION OF ANY DEFICIENCIES IN THE17
COMPLAINT.18
(c) T
HE SECRETARY OF STATE MAY ASK A PERSON WHO SUBMITS19
A COMPLAINT TO SUBMIT ADDITIONAL INFORMATION CONCERNING :20
(I) T
HE ALLEGED VIOLATION OF SUBSECTION (1) OF THIS SECTION;21
OR22
(II) T
HE PERSON'S FAILURE TO SUBMIT THE INFORMATION23
REQUIRED BY SUBSECTION (2) OF THIS SECTION.24
(d) T
HE SECRETARY OF STATE SHALL NOTIFY THE PERSON WHO
25
SUBMITTED A COMPLAINT OF THE OUTCOME OF THE SECRETARY OF STATE 'S26
REVIEW OF THE COMPLAINT. 27
034
-5- (e) IF THE SECRETARY OF STATE REJECTS A COMPLAINT FOR1
FAILURE TO COMPLY WITH SUBSECTION (1) OR (2) OF THIS SECTION, THE2
COMPLAINT MAY BE RESUBMITTED .3
(4) Review - attorney general - hearing and findings -4
administrative law judge. (a) UPON RECEIPT OF A COMPLAINT REFERRED5
BY THE SECRETARY OF STATE IN ACCORDANCE WITH SUBSECTION (3)(a) OF6
THIS SECTION, THE ATTORNEY GENERAL SHALL REVIEW THE COMPLAINT7
AND DETERMINE WHETHER THE COMPLAINT SHOULD BE INVESTIGATED . IF8
THE ATTORNEY GENERAL DETERMINE S THAT THE COMPLAINT SHOULD BE9
INVESTIGATED, THE ATTORNEY GENERAL:10
(I) S
HALL MAIL A WRITTEN NOTICE AND DEMAND TO THE STREET11
ADDRESS OR MAILING ADDRESS, IF DIFFERENT FROM THE STREET ADDRESS,12
AS WELL AS TO THE E-MAIL ADDRESS, IF AVAILABLE, OF THE REGISTERED13
AGENT OF RECORD LISTED IN THE SECRETARY OF STATE 'S ONLINE FILING14
SYSTEM FOR THE ENTITY AT ISSUE , AND, IF A TELEPHONE NUMBER IS15
AVAILABLE, THE ATTORNEY GENERAL SHALL CONTACT THE REGISTERED16
AGENT BY TELEPHONE; AND17
(II) M
AY PROVIDE WRITTEN OR VERBAL NOTICE AND DEMAND TO18
ANY OTHER POINT OF CONTACT THAT THE ATTORNEY GENERAL19
DETERMINES THROUGH INVESTIGATION TO BE A MEANS BY WHICH TO20
REACH THE ENTITY AT ISSUE.21
(b) T
HE ATTORNEY GENERAL'S NOTICE AND DEMAND MUST NOTIFY22
THE ENTITY AT ISSUE OF THE ALLEGATIONS IN THE COMPLAINT AND23
DEMAND THAT THE ENTITY RESP OND TO THE COMPLAINT BY A DATE24
CERTAIN, WHICH RESPONSE MUST INCLUDE THE INFORMATION DESCRIBED25
IN SUBSECTION (4)(c) OF THIS SECTION.26
(c) A
PERSON TO WHOM THE ATTORNEY GENERAL SENDS A NOTICE27
034
-6- AND DEMAND, OR THE PERSON'S AGENT, SHALL RESPOND TO THE NOTICE1
AND DEMAND WITHIN TWENTY -ONE DAYS AFTER THE WRITTEN NOTICE2
AND DEMAND IS MAILED. THE RESPONSE MUST INCLUDE THE FOLLOWING3
INFORMATION:4
(I) T
HE NAME; STREET ADDRESS; TELEPHONE NUMBER; E-MAIL5
ADDRESS, IF AVAILABLE; AND ANY ADDITIONAL CONTACT INFORMATION6
OF THE PERSON RESPONDING TO THE NOTICE AND DEMAND AND , IF THE7
RESPONDING PERSON IS AN AGENT OF THE PERSON TO WHOM THE NOTICE8
AND DEMAND IS SENT, ANY SUPPORTING
DOCUMENTS, INCLUDING ANY9
REGISTERED AGENT INFORMATION , THAT ESTABLISH THE AGENT 'S10
AUTHORITY TO ACT ON THE PERSON 'S BEHALF;11
(II) T
HE NAME OF THE ENTITY AT ISSUE;12
(III) I
NFORMATION, IF KNOWN, IDENTIFYING EACH PERSON13
INVOLVED IN THE ALLEGED VIOLATION OF SUBSECTION (1) OF THIS14
SECTION, INCLUDING NAMES, STREET ADDRESSES, TELEPHONE NUMBERS,15
WEBSITES, AND E-MAIL ADDRESSES;16
(IV) I
NFORMATION IDENTIFYING THE NATURE OF ANY BUSINESS OR17
PERSONAL RELATIONSHIP BETWEEN THE PERSON THAT SUBMI TTED THE18
COMPLAINT AND EACH PERSON INVOLVED IN THE ALLEGED VIOLATION OF19
SUBSECTION (1) OF THIS SECTION; EXCEPT THAT THIS SUBSECTION
20
(4)(c)(IV)
DOES NOT REQUIRE THE DISCLOSURE OF PRIVILEGED
21
INFORMATION;22
(V) A
STATEMENT BY THE ENTITY AT ISSUE RESPONDING TO THE23
NOTICE AND DEMAND THAT AFFIRMS OR DENIES HAVING KNOWLEDGE OF24
OR INFORMATION ABOUT THE ALLEGED VIOLATION OF SUBSECTION (1) OF25
THIS SECTION;26
(VI) M
ATERIAL EVIDENCE OF WRITTEN CONSENT TO USE THE NAME27
034
-7- OR ADDRESS IN THE FILING AT ISSUE;1
(VII) A
STATEMENT BY THE PERSON RESPONDING TO THE NOTICE2
AND DEMAND, UNDER PENALTY OF PERJURY PURSUANT TO SECTION3
7-90-301.5,
THAT THE PERSON BELIEVES IN GOOD FAITH THAT THE FACTS4
STATED IN THE RESPONSE ARE TRUE AND THAT THE RESPONSE COMPLIES5
WITH THE REQUIREMENTS OF THIS PART 3, THE CONSTITUENT DOCUMENTS,6
AND THE ORGANIC STATUTES; AND7
(VIII) A
NY ADDITIONAL INFORMATION THAT THE PERSON8
RESPONDING TO THE NOTICE AND DEMAND BELIEVES MAY BE USEFUL IN AN9
INVESTIGATION OF THE COMPLAINT.10
(d) A
LL INFORMATION RECEIVED BY THE ATTORNEY GENERAL11
UNDER THIS SECTION IS GOVERNED BY SECTION 6-1-111 (2).12
(e) I
F, WITHIN TWENTY-ONE DAYS AFTER MAILING A NOTICE AND13
DEMAND, THE ATTORNEY GENERAL DOES NOT RECEIVE A RESPONSE IN14
WRITING OR OTHERWISE, THE ATTORNEY GENERAL SHALL SEND A SECOND15
NOTICE AND DEMAND , CONSISTENT WITH THE REQUIREMENTS OF THIS16
SUBSECTION (4), AND ALLOW TWENTY-ONE DAYS FOR A RESPONSE, WHICH17
MUST COMPLY WITH SUBSECTION (4)(c) OF THIS SECTION.18
(f) I
F THE ATTORNEY GENERAL DOES NOT RECEIVE A RESPONSE19
WITHIN TWENTY-ONE DAYS AFTER MAILING A SECOND NOTICE AND20
DEMAND AS DESCRIBED IN SUBSECTION (4)(e) OF THIS SECTION, EACH21
ALLEGATION IN THE NOTICE AND DEMAND IS DEEMED CONCEDED BY THE22
PERSON THAT DID NOT RESPOND , AND THE ATTORNEY GENERAL MAY23
CERTIFY THAT FACT TO THE SECRETARY OF STATE . UPON RECEIVING THE24
CERTIFICATION, THE SECRETARY OF STATE SHALL TAKE THE APPROPRIATE25
REMEDIAL ACTION UNDER SUBSECTIONS (4)(g)(V) AND (4)(g)(VI) OF THIS26
SECTION BASED ON THE FACTS CONCEDED TO IN THE NOTICE AND DEMAND .27
034
-8- (g) (I) A REQUEST IS TIMELY IF RECEIPT OF A RESPONSE AND A1
REQUEST FOR A HEARING ON ANY ISSUE RAISED BY THE NOTICE AND2
DEMAND IS MADE WITHIN TWENTY-ONE DAYS AFTER THE NOTICE AND3
DEMAND IS MAILED. IF A PERSON TIMELY REQUESTS A HEARING , THE4
ATTORNEY GENERAL MAY REFER THE COMPLAINT TO AN ADMINISTRATIVE5
LAW JUDGE.6
(II) I
F THE ATTORNEY GENERAL REFERS THE COMPLAINT TO AN7
ADMINISTRATIVE LAW JUDGE, THE ATTORNEY GENERAL SHALL PROSECUTE8
THE MATTER BEFORE THE ADMINISTRATIVE LAW JUDGE . IF THE ATTORNEY9
GENERAL DOES NOT REFER THE COMPLAINT TO AN ADMINISTRATIVE LAW10
JUDGE WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE ATTORNEY
11
GENERAL RECEIVES THE RESPONSE TO THE NOTICE AND DEMAND , THE12
ATTORNEY GENERAL IS DEEMED TO HAVE DETERMINED TO NOT PROCEED13
WITH PROSECUTING THE COMPLAINT .14
(III) T
HE ADMINISTRATIVE LAW JUDGE SHALL HOLD A HEARING15
WITHIN SIXTY DAYS AFTER THE ATTORNEY GENERAL REFERS A COMPLAINT16
AND SHALL RENDER A DECISION WITHIN FIFTEEN DAYS AFTER THE17
HEARING. THE ADMINISTRATIVE LAW JUDGE MAY GRANT THE ATTORNEY18
GENERAL OR THE PERSON REQUESTING A HEARING AN EXTENSION OF UP TO19
THIRTY DAYS UPON A MOTION . THE ADMINISTRATIVE LAW JUDGE MAY20
GRANT THE ATTORNEY GENERAL OR THE PERSON REQUESTING A HEARING21
AN EXTENSION OF LONGER THAN THIRTY DAYS UPON A SHOWING OF GOOD22
CAUSE.23
(IV) I
F THE ADMINISTRATIVE LAW JUDGE FINDS THAT SUBSECTION24
(1)
OF THIS SECTION HAS BEEN VIOLATED , THE ADMINISTRATIVE LAW25
JUDGE SHALL MAKE AN ADDITIONAL FINDING AS TO WHETHER :26
(A) A
N ENTITY WAS CREATED WITHOUT AUTHORIZATION OR FOR27
034
-9- FRAUDULENT PURPOSES; OR1
(B) A
N UNAUTHORIZED FILING WAS MADE
2
(V) I
F THE ADMINISTRATIVE LAW JUDGE FINDS THAT , OR IF A3
CONCEDED NOTICE AND DEMAND SETS FORTH THAT , AN ENTITY WAS4
CREATED WITHOUT AUTHORIZATION OR FOR FRAUDULENT PURPOSES , THE5
ATTORNEY GENERAL SHALL NOTIFY THE SECRETARY OF STATE , WHO6
SHALL:7
(A) M
ARK THE BUSINESS RECORD WITH A NOTICE THAT THE ENTITY8
IS UNAUTHORIZED OR FRAUDULENT ;9
(B) R
EDACT EACH ADDRESS AND NAME
THAT WAS USED WITHOUT10
AUTHORIZATION FROM THE ENTITY 'S FILING AND FROM ANY OTHER11
RELEVANT FILINGS; AND12
(C) D
ISABLE ADDITIONAL FILING FUNCTIONALITY ON THE ENTITY 'S13
RECORDS.14
(VI) I
F THE ADMINISTRATIVE LAW JUDGE FINDS THAT , OR IF A15
CONCEDED NOTICE AND DEMAND SETS FORTH THAT , AN UNAUTHORIZED16
FILING WAS MADE FOR A LEGITIMATE ENTITY , THE ATTORNEY GENERAL17
SHALL NOTIFY THE SECRETARY OF STATE , WHO SHALL:18
(A) M
ARK EACH UNAUTHORIZED FILING FOR THE ENTITY TO19
NOTIFY THE PUBLIC THAT THE FILING IS UNAUTHORIZED ;20
(B) R
EDACT EACH ADDRESS AND NAME THAT WAS USED WITHOUT21
AUTHORIZATION FROM THE ENTITY 'S FILING AND FROM THE RELEVANT22
FILINGS; AND23
(C) M
ARK THE BUSINESS RECORD
TO NOTIFY THE PUBLIC THAT24
THE ENTITY HAS BEEN THE VICTIM OF FRAUDULENT OR UNAUTHORIZED25
ACTS.26
(VII) T
HE DECISION OF THE ADMINISTRATIVE LAW JUDGE IS FINAL27
034
-10- AND SUBJECT TO REVIEW BY THE COURT OF APPEALS UNDER SECTION1
24-4-106
(11). THE SECRETARY OF STATE AND THE ADMINISTRATIVE LAW2
JUDGE ARE NOT NECESSARY PARTIES TO THE REVIEW .3
(h) T
HE ATTORNEY GENERAL SHALL COMMUNICATE THE FINDING4
MADE BY THE ADMINISTRATIVE LAW JUDGE IN ACCORDANCE WITH5
SUBSECTION (4)(g)(IV) OF THIS SECTION TO:6
(I) T
HE PERSON WHO SUBMITTED THE COMPLAINT , USING THE7
E-MAIL ADDRESS PROVIDED ON THE COMPLAINT FORM OR , IF AN E-MAIL8
ADDRESS WAS NOT PROVIDED, USING THE MAILING ADDRESS PROVIDED ON9
THE COMPLAINT FORM; AND10
(II) E
ACH ENTITY AT ISSUE, USING REGISTERED MAIL ADDRESSED11
TO THE STREET ADDRESS OR MAILING ADDRESS , IF DIFFERENT, OF THE12
REGISTERED AGENT OF RECORD FOR THE ENTITY LISTED IN THE SECRETARY13
OF STATE'S ONLINE FILING SYSTEM AND TO THE E-MAIL ADDRESS LISTED,14
IF PROVIDED; AND15
(III) T
HE SECRETARY OF STATE.16
(5) A
VIOLATION OF SUBSECTION (1) OF THIS SECTION IS A17
DECEPTIVE TRADE PRACTICE UNDER SECTION 6-1-105 (1)(ooo) AND IS18
SUBJECT TO ENFORCEMENT BY THE
DEPARTMENT OF LAW IN ADDITION TO19
THE ENFORCEMENT DESCRIBED IN THIS SECTION . A DETERMINATION BY20
THE ADMINISTRATIVE LAW JUDGE AS PROVIDED BY SUBSECTION (4)(g)(IV)21
OF THIS SECTION OR A FAILURE TO TIMELY RESPOND TO A NOTICE AND22
DEMAND AS PROVIDED BY SUBSECTION (4)(f) OF THIS SECTION23
CONSTITUTES A PRIMA FACIE SHOWING THAT SUBSECTION (1) OF THIS24
SECTION WAS VIOLATED.25
7-90-315. Secure business filing program - rules. (1) THE26
SECRETARY OF STATE SHALL CREATE A SECURE BUSINESS FILING27
034
-11- PROGRAM. WHEN PROCESSING A BUSINESS FILING, THE SECRETARY OF1
STATE SHALL AUTOMATICALLY ENROLL AN ENTITY INTO THE SECURE2
BUSINESS FILING PROGRAM UNLESS THE ENTITY HAS OPTED OUT OF THE3
SECURE BUSINESS FILING PROGRAM. AN ENTITY MAY OPT OUT OF THE4
SECURE BUSINESS FILING PROGRAM AT ANY TIME .5
(2) THE SECRETARY OF STATE MAY PROMULGATE RULES TO :6
(a) ALLOW FOR MULTIPLE METHODS TO VERIFY A FILER'S IDENTITY,7
RESET AN ACCOUNT, AND ACCESS INFORMATION, BUT THE RULES MUST8
INCLUDE AN OPTION TO RESET AN ACCOUNT OR ACCESS INFORMATION BY9
SENDING, VIA UNITED STATES MAIL, A CODED DOCUMENT THAT REQUIRES10
A PHYSICAL SIGNATURE OR SOME OTHER MEANS FOR THE FILER TO VERIFY11
THE TRUE NAME AND MAILING ADDRESS STATED ON THE FILING ; AND12
(b) CREATE OR REGULATE THE PROCESS TO OPT OUT OF THE13
SECURE BUSINESS FILING PROGRAM.14
SECTION 2. In Colorado Revised Statutes, 6-1-105, add15
(1)(ooo) as follows:16
6-1-105. Unfair or deceptive trade practices. (1) A person17
engages in a deceptive trade practice when, in the course of the person's18
business, vocation, or occupation, the person:19
(ooo) V
IOLATES SECTION 7-90-314 (1).20
SECTION 3. Act subject to petition - effective date -21
applicability. (1) This act takes effect February 1, 2023; except that, if22
a referendum petition is filed pursuant to section 1 (3) of article V of the23
state constitution against this act or an item, section, or part of this act24
within the ninety-day period after final adjournment of the general25
assembly, then the act, item, section, or part will not take effect unless26
approved by the people at the general election to be held in November27
034
-12- 2022 and, in such case, will take effect February 1, 2023, or on the date1
of the official declaration of the vote thereon by the governor, whichever2
is later.3
(2) This act applies to complaints submitted and offenses4
committed on or after the applicable effective date of this act.5
034
-13-