Colorado 2022 Regular Session

Colorado Senate Bill SB034 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0446.01 Jery Payne x2157
1	8		SENATE BILL 22-034
2		-	BY SENATOR(S) Kolker and Priola, Bridges, Buckner, Gardner, Gonzales,
3		-	Holbert, Kirkmeyer, Lundeen, Pettersen, Smallwood, Winter, Woodward;
4		-	also REPRESENTATIVE(S) Bird and Sandridge, Carver, Cutter, Duran,
5		-	Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine, Neville, Pico, Snyder,
6		-	Titone, Valdez A., Weissman, Bernett, Boesenecker, Esgar, Exum, Geitner,
7		-	Kennedy, McCluskie, McKean, Ricks, Soper, Van Beber, Van Winkle,
8		-	Williams, Woodrow, Young.
	9	+	Senate Committees House Committees
	10	+	Business, Labor, & Technology Business Affairs & Labor
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING MEASURES TO COUNTERACT THE FILING OF FRAUDULENT
11		-	BUSINESS DOCUMENTS WITH THE SECRETARY OF STATE
12		-	.
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, add 7-90-314 and
16		-	7-90-315 as follows:
17		-	7-90-314. Fraudulent filings - complaint - review - referral to
18		-	attorney general - referral to administrative law judge - marking filing
19		-	as fraudulent - deceptive trade practice. (1) Fraudulent filings. T
20		-	HE
21		-	FOLLOWING ACTIONS ARE PROHIBITED
22		-	:
	14	+	ONCERNING MEASURES TO COUNTERACT THE FILING OF FRAUDULENT101
	15	+	BUSINESS DOCUMENTS WITH THE SECRETARY OF STATE .102
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	Under current law, a business entity submits to the secretary of
	24	+	state for online filing documents that concern the creation, organization,
	25	+	and operations of the entity. By submitting a document, an individual
	26	+	affirms under penalty of perjury that the individual is authorized to file
	27	+	the document, the facts in the document are true, and the document
	28	+	otherwise complies with the secretary of state's filing requirements. The
	29	+	SENATE
	30	+	Amended 2nd Reading
	31	+	February 16, 2022
	32	+	HOUSE
	33	+	3rd Reading Unamended
	34	+	April 8, 2022
	35	+	HOUSE
	36	+	Amended 2nd Reading
	37	+	April 7, 2022
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	March 25, 2022
	41	+	SENATE
	42	+	3rd Reading Unamended
	43	+	February 17, 2022
	44	+	SENATE SPONSORSHIP
	45	+	Kolker and Priola, Bridges, Buckner, Gardner, Gonzales, Holbert, Kirkmeyer, Lundeen,
	46	+	Pettersen, Smallwood, Winter, Woodward
	47	+	HOUSE SPONSORSHIP
	48	+	Bird and Sandridge, Carver, Cutter, Duran, Herod, Hooton, Jodeh, Kipp, Lindsay,
	49	+	Lontine, Neville, Pico, Snyder, Titone, Valdez A., Weissman
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	52	+	Dashes through the words indicate deletions from existing statute. secretary of state files the document in an online database as a ministerial
	53	+	act and does not independently verify whether the document is accurate.
	54	+	The bill creates a complaint process for a person whose business
	55	+	identity or personal identifying information has been used in the filing of
	56	+	these documents with the secretary of state without authority or for
	57	+	fraudulent activity. If a complaint is submitted with the secretary of state,
	58	+	the secretary may forward the complaint to the attorney general for
	59	+	further investigation. The attorney general may investigate the complaint
	60	+	and refer the complaint to an administrative law judge.
	61	+	If an administrative law judge determines that an entity has been
	62	+	created fraudulently or without authorization, the secretary of state will:
	63	+	! Mark the business record with a notice that the entity is
	64	+	fraudulent or unauthorized;
	65	+	! Redact each address that was used without authorization
	66	+	from the entity's filing and from any other relevant filings;
	67	+	and
	68	+	! Disable additional filing functionality on the entity's
	69	+	records.
	70	+	If an administrative law judge determines that an unauthorized
	71	+	filing was made for a legitimate entity, the secretary of state will:
	72	+	! Mark each unauthorized filing for the entity to notify the
	73	+	public that the filing is unauthorized;
	74	+	! Redact from the entity's filing and from the relevant filings
	75	+	each address and name that was used without authorization;
	76	+	and
	77	+	! Mark the business record on the entity's filing to notify the
	78	+	public that the entity has been the victim of fraudulent or
	79	+	unauthorized acts.
	80	+	If a person alleged to have committed fraud or unauthorized acts
	81	+	fails to respond to the complaint, the allegations are deemed conceded,
	82	+	and the secretary of state will take the appropriate steps listed above in
	83	+	the same manner as if the finding had been made by an administrative law
	84	+	judge.
	85	+	Additionally, the bill states that fraudulent filings are unfair or
	86	+	deceptive trade practices under the "Colorado Consumer Protection Act"
	87	+	and as such are subject to enforcement by the attorney general's office.
	88	+	Be it enacted by the General Assembly of the State of Colorado:1
	89	+	SECTION 1. In Colorado Revised Statutes, add 7-90-314
	90	+	as2
	91	+	follows:3
	92	+	7-90-314. Fraudulent filings - complaint - review - referral to4
	93	+	034-2- attorney general - referral to administrative law judge - marking1
	94	+	filing as fraudulent - deceptive trade practice. (1) Fraudulent filings.2
	95	+	T
	96	+	HE FOLLOWING ACTIONS ARE PROHIBITED :3
23	97		(a) I
24		-	NCLUDING THE NAME OF A PERSON ON A DOCUMENT FILED IN THE
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. SECRETARY OF STATE'S OFFICE UNDER THIS PART 3 WITHOUT THE NAMED
33		-	PERSON
34		-	'S WRITTEN CONSENT IF THE PERSON IS INCLUDED IN THE FILING AS :
	98	+	NCLUDING THE NAME OF A PERSON ON A DOCUMENT FILED IN4
	99	+	THE SECRETARY OF STATE'S OFFICE UNDER THIS PART 3 WITHOUT THE5
	100	+	NAMED PERSON'S WRITTEN CONSENT IF THE PERSON IS INCLUDED IN THE6
	101	+	FILING AS:7
35	102		(I) T
36		-	HE REGISTERED AGENT;
	103	+	HE REGISTERED AGENT;8
37	104		(II) T
38		-	HE INDIVIDUAL CAUSING THE DOCUMENT TO BE DELIVERED TO
39		-	THE SECRETARY OF STATE
40		-	'S OFFICE FOR FILING;
	105	+	HE INDIVIDUAL CAUSING THE DOCUMENT TO BE DELIVERED9
	106	+	TO THE SECRETARY OF STATE'S OFFICE FOR FILING;10
41	107		(III) T
42		-	HE PERSON INCORPORATING , FORMING, OR ORGANIZING AN
43		-	ENTITY
44		-	; OR
45		-	(IV) ANY OTHER PERSON REQUIRED UNDER THIS TITLE 7 TO BE
46		-	IDENTIFIED IN A DOCUMENT FILED IN THE SECRETARY OF STATE
47		-	'S OFFICE;
	108	+	HE PERSON INCORPORATING, FORMING, OR ORGANIZING AN11
	109	+	ENTITY; OR12
	110	+	(IV) A
	111	+	NY OTHER PERSON REQUIRED UNDER THIS TITLE 7 TO BE13
	112	+	IDENTIFIED IN A DOCUMENT FILED IN THE SECRETARY OF STATE 'S OFFICE;14
48	113		(b) I
49		-	NCLUDING AN ADDRESS IN A DOCUMENT FILED IN THE
50		-	SECRETARY OF STATE
51		-	'S OFFICE UNDER THIS PART 3 WITHOUT THE CONSENT
52		-	OF THE OWNER OF OR OCCUPANT OF THE INCLUDED ADDRESS
53		-	; AND
54		-	(c) DELIVERING A DOCUMENT REGARDING AN ENTITY TO THE
55		-	SECRETARY OF STATE
56		-	'S OFFICE IF THE INDIVIDUAL WHO MAKES THE
57		-	DELIVERY LACKS THE NECESSARY WRITTEN CONSENT OR AUTHORITY TO DO
58		-	SO
59		-	.
	114	+	NCLUDING AN ADDRESS IN A DOCUMENT FILED IN THE15
	115	+	SECRETARY OF STATE'S OFFICE UNDER THIS PART 3 WITHOUT THE CONSENT16
	116	+	OF THE OWNER OF OR OCCUPANT OF THE INCLUDED ADDRESS ; AND17
	117	+	(c) D
	118	+	ELIVERING A DOCUMENT REGARDING AN ENTITY TO THE18
	119	+	SECRETARY OF STATE'S OFFICE IF THE INDIVIDUAL WHO MAKES THE19
	120	+	DELIVERY LACKS THE NECESSARY WRITTEN CONSENT OR AUTHORITY TO20
	121	+	DO SO.21
60	122		(2) Complaint. A
61		-	PERSON THAT IS NAMED IN OR OTHERWISE
62		-	AFFECTED BY THE FILING OF A DOCUMENT UNDER THIS PART
63		-	3 MAY SUBMIT
64		-	A COMPLAINT TO THE SECRETARY OF STATE
65		-	, ON A FORM PRESCRIBED BY THE
66		-	SECRETARY OF STATE
67		-	, ALLEGING THAT THE FILING WAS MADE IN VIOLATION
68		-	OF SUBSECTION
69		-	(1) OF THIS SECTION. THE COMPLAINT MUST INCLUDE AT
70		-	LEAST THE FOLLOWING INFORMATION
71		-	:
72		-	(a) A
73		-	DESCRIPTION OF THE ALLEGED VIOLATION ;
	123	+	PERSON THAT IS NAMED IN OR OTHERWISE22
	124	+	AFFECTED BY THE FILING OF A DOCUMENT UNDER THIS PART 3 MAY SUBMIT23
	125	+	A COMPLAINT TO THE SECRETARY OF STATE , ON A FORM PRESCRIBED BY24
	126	+	THE SECRETARY OF STATE, ALLEGING THAT THE FILING WAS MADE IN25
	127	+	VIOLATION OF SUBSECTION (1) OF THIS SECTION. THE COMPLAINT MUST26
	128	+	INCLUDE AT LEAST THE FOLLOWING INFORMATION :27
	129	+	034
	130	+	-3- (a) A DESCRIPTION OF THE ALLEGED VIOLATION ;1
74	131		(b) T
75		-	HE NAME; STREET ADDRESS; TELEPHONE NUMBER ; E-MAIL
76		-	ADDRESS
77		-	, IF AVAILABLE; AND ANY ADDITIONAL CONTACT INFORMATION OF
78		-	THE PERSON MAKING THE COMPLAINT
79		-	;
	132	+	HE NAME; STREET ADDRESS; TELEPHONE NUMBER; E-MAIL2
	133	+	ADDRESS, IF AVAILABLE; AND ANY ADDITIONAL CONTACT INFORMATION3
	134	+	OF THE PERSON MAKING THE COMPLAINT ;4
80	135		(c) T
81		-	HE NAME; STREET ADDRESS; TELEPHONE NUMBER ; E-MAIL
82		-	ADDRESS
83		-	, IF AVAILABLE; AND ANY ADDITIONAL CONTACT INFORMATION OF
84		-	ANY THIRD PARTY AUTHORIZED TO SUBMIT THE COMPLAINT BY AND ON
85		-	BEHALF OF THE PERSON THAT IS NAMED IN OR AFFECTED BY THE FILING
86		-	;
87		-	PAGE 2-SENATE BILL 22-034 (d) THE UNIQUE IDENTIFICATION NUMBER ASSIGNED BY THE
88		-	SECRETARY OF STATE TO EACH FILED DOCUMENT THAT IS ALLEGED TO HAVE
89		-	BEEN FILED IN VIOLATION OF SUBSECTION
90		-	(1) OF THIS SECTION;
	136	+	HE NAME; STREET ADDRESS; TELEPHONE NUMBER; E-MAIL5
	137	+	ADDRESS, IF AVAILABLE; AND ANY ADDITIONAL CONTACT INFORMATION6
	138	+	OF ANY THIRD PARTY AUTHORIZED TO SUBMIT THE COMPLAINT BY AND ON7
	139	+	BEHALF OF THE PERSON THAT IS NAMED IN OR AFFECTED BY THE FILING ;8
	140	+	(d) T
	141	+	HE UNIQUE IDENTIFICATION NUMBER ASSIGNED BY THE9
	142	+	SECRETARY OF STATE TO EACH FILED DOCUMENT THAT IS ALLEGED TO10
	143	+	HAVE BEEN FILED IN VIOLATION OF SUBSECTION (1) OF THIS SECTION;11
91	144		(e) T
92		-	HE UNIQUE IDENTIFICATION NUMBER ASSIGNED BY THE
93		-	SECRETARY OF STATE TO EACH ENTITY ASSOCIATED WITH BOTH THE
94		-	COMPLAINT AND THE FILING
95		-	;
	145	+	HE UNIQUE IDENTIFICATION NUMBER ASSIGNED BY THE12
	146	+	SECRETARY OF STATE TO EACH ENTITY ASSOCIATED WITH BOTH THE13
	147	+	COMPLAINT AND THE FILING;14
96	148		(f) I
97		-	NFORMATION, IF KNOWN TO THE PERSON MAKING THE
98		-	COMPLAINT
99		-	, IDENTIFYING EACH PERSON INVOLVED IN THE FILING, INCLUDING
100		-	NAMES
101		-	, STREET ADDRESSES, TELEPHONE NUMBERS, WEBSITES, AND E-MAIL
102		-	ADDRESSES
103		-	;
	149	+	NFORMATION, IF KNOWN TO THE PERSON MAKING THE15
	150	+	COMPLAINT, IDENTIFYING EACH PERSON INVOLVED IN THE FILING ,16
	151	+	INCLUDING NAMES, STREET ADDRESSES, TELEPHONE NUMBERS, WEBSITES,17
	152	+	AND E-MAIL ADDRESSES;18
104	153		(g) I
105		-	NFORMATION, IF KNOWN, IDENTIFYING THE NATURE OF ANY
106		-	BUSINESS OR PERSONAL RELATIONSHIP BETWEEN THE PERSON SUBMITTING
107		-	THE COMPLAINT AND EACH PERSON INVOLVED IN THE ALLEGED VIOLATION
108		-	;
	154	+	NFORMATION, IF KNOWN, IDENTIFYING THE NATURE OF ANY19
	155	+	BUSINESS OR PERSONAL RELATIONSHIP BETWEEN THE PERSON SUBMITTING20
	156	+	THE COMPLAINT AND EACH PERSON INVOLVED IN THE ALLEGED VIOLATION ;21
109	157		(h) A
110		-	STATEMENT BY THE PERSON SUBMITTING THE COMPLAINT ,
111		-	UNDER PENALTY OF PERJURY PURSUANT TO SECTION 7-90-301.5, THAT THE
112		-	PERSON BELIEVES IN GOOD FAITH THAT THE FACTS STATED IN THE
113		-	COMPLAINT ARE TRUE AND THAT THE COMPLAINT COMPLIES WITH THE
114		-	REQUIREMENTS OF THIS PART
115		-	3, THE CONSTITUENT DOCUMENTS , AND THE
116		-	ORGANIC STATUTES
117		-	; AND
118		-	(i) ANY ADDITIONAL INFORMATION THAT THE PERSON BELIEVES MAY
119		-	ASSIST IN AN INVESTIGATION OF THE COMPLAINT
120		-	.
	158	+	STATEMENT BY THE PERSON SUBMITTING THE COMPLAINT ,22
	159	+	UNDER PENALTY OF PERJURY PURS UANT TO SECTION 7-90-301.5, THAT THE23
	160	+	PERSON BELIEVES IN GOOD FAITH THAT THE FACTS STATED IN THE24
	161	+	COMPLAINT ARE TRUE AND THAT THE COMPLAINT COMPLIES WITH THE25
	162	+	REQUIREMENTS OF THIS PART 3, THE CONSTITUENT DOCUMENTS , AND THE26
	163	+	ORGANIC STATUTES; AND27
	164	+	034
	165	+	-4- (i) ANY ADDITIONAL INFORMATION THAT THE PERSON BELIEVES1
	166	+	MAY ASSIST IN AN INVESTIGATION OF THE COMPLAINT .2
121	167		(3) Review - secretary of state. (a) U
122		-	PON RECEIPT OF A COMPLAINT
123		-	SUBMITTED PURSUANT TO SUBSECTION
124		-	(2) OF THIS SECTION, THE SECRETARY
125		-	OF STATE SHALL REVIEW THE COMPLAINT AND EVALUATE WHETHER THE
126		-	COMPLAINT INDICATES A VIOLATION OF SUBSECTION
127		-	(1) OF THIS SECTION
128		-	AND SATISFIES THE REQUIREMENTS OF SUBSECTION
129		-	(2) OF THIS SECTION. IF
130		-	SO
131		-	, THE SECRETARY OF STATE, USING ELECTRONIC MEANS, SHALL REFER THE
132		-	COMPLAINT TO THE ATTORNEY GENERAL FOR REVIEW AND INVESTIGATION
133		-	UNDER THE
134		-	"COLORADO CONSUMER PROTECTION ACT", ARTICLE 1 OF TITLE
135		-	6.
	168	+	PON RECEIPT OF A3
	169	+	COMPLAINT SUBMITTED PURSUANT TO SUBSECTION (2) OF THIS SECTION,4
	170	+	THE SECRETARY OF STATE SHALL REVIEW THE COMPLAINT AND EVALUATE5
	171	+	WHETHER THE COMPLAINT INDICATES A VIOLATION OF SUBSECTION (1) OF6
	172	+	THIS SECTION AND SATISFIES THE REQUIREMENTS OF SUBSECTION (2) OF7
	173	+	THIS SECTION. IF SO, THE SECRETARY OF STATE , USING ELECTRONIC8
	174	+	MEANS, SHALL REFER THE COMPLAINT TO THE ATTORNEY GENERAL FOR9
	175	+	REVIEW AND INVESTIGATION UNDER THE "COLORADO CONSUMER10
	176	+	P
	177	+	ROTECTION ACT", ARTICLE 1 OF TITLE 6.11
136	178		(b) I
137		-	F THE SECRETARY OF STATE DETERMINES THAT THE
138		-	INFORMATION PROVIDED IN A COMPLAINT DOES NOT INDICATE A VIOLATION
139		-	OF SUBSECTION
140		-	(1) OF THIS SECTION OR DOES NOT SATISFY THE
141		-	PAGE 3-SENATE BILL 22-034 REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION, THE SECRETARY OF
142		-	STATE SHALL NOTIFY THE PERSON THAT SUBMITTED THE COMPLAINT OF THE
143		-	FACT AND PROVIDE AN EXPL ANATION OF ANY DEFICIENCIES IN THE
144		-	COMPLAINT
145		-	.
	179	+	F THE SECRETARY OF STATE DETERMINES THAT THE12
	180	+	INFORMATION PROVIDED IN A COMPLAINT DOES NOT INDICATE A13
	181	+	VIOLATION OF SUBSECTION (1) OF THIS SECTION OR DOES NOT SATISFY THE14
	182	+	REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION, THE SECRETARY OF15
	183	+	STATE
	184	+	SHALL NOTIFY THE PERSON THAT SUBMITTED THE COMPLAINT OF16
	185	+	THE FACT AND PROVIDE AN EXPL ANATION OF ANY DEFICIENCIES IN THE17
	186	+	COMPLAINT.18
146	187		(c) T
147		-	HE SECRETARY OF STATE MAY ASK A PERSON WHO SUBMITS A
148		-	COMPLAINT TO SUBMIT ADDITIONAL INFORMATION CONCERNING
149		-	:
	188	+	HE SECRETARY OF STATE MAY ASK A PERSON WHO SUBMITS19
	189	+	A COMPLAINT TO SUBMIT ADDITIONAL INFORMATION CONCERNING :20
150	190		(I) T
151		-	HE ALLEGED VIOLATION OF SUBSECTION (1) OF THIS SECTION; OR
152		-	(II) THE PERSON'S FAILURE TO SUBMIT THE INFORMATION REQUIRED
153		-	BY SUBSECTION
154		-	(2) OF THIS SECTION.
	191	+	HE ALLEGED VIOLATION OF SUBSECTION (1) OF THIS SECTION;21
	192	+	OR22
	193	+	(II) T
	194	+	HE PERSON'S FAILURE TO SUBMIT THE INFORMATION23
	195	+	REQUIRED BY SUBSECTION (2) OF THIS SECTION.24
155	196		(d) T
156	197		HE SECRETARY OF STATE SHALL NOTIFY THE PERSON WHO
157		-	SUBMITTED A COMPLAINT OF THE OUTCOME OF THE SECRETARY OF STATE
158		-	'S
159		-	REVIEW OF THE COMPLAINT
160		-	.
	198	+	25
	199	+	SUBMITTED A COMPLAINT OF THE OUTCOME OF THE SECRETARY OF STATE 'S26
	200	+	REVIEW OF THE COMPLAINT. 27
	201	+	034
	202	+	-5- (e) IF THE SECRETARY OF STATE REJECTS A COMPLAINT FOR1
	203	+	FAILURE TO COMPLY WITH SUBSECTION (1) OR (2) OF THIS SECTION, THE2
	204	+	COMPLAINT MAY BE RESUBMITTED .3
	205	+	(4) Review - attorney general - hearing and findings -4
	206	+	administrative law judge. (a) UPON RECEIPT OF A COMPLAINT REFERRED5
	207	+	BY THE SECRETARY OF STATE IN ACCORDANCE WITH SUBSECTION (3)(a) OF6
	208	+	THIS SECTION, THE ATTORNEY GENERAL SHALL REVIEW THE COMPLAINT7
	209	+	AND DETERMINE WHETHER THE COMPLAINT SHOULD BE INVESTIGATED . IF8
	210	+	THE ATTORNEY GENERAL DETERMINE S THAT THE COMPLAINT SHOULD BE9
	211	+	INVESTIGATED, THE ATTORNEY GENERAL:10
	212	+	(I) S
	213	+	HALL MAIL A WRITTEN NOTICE AND DEMAND TO THE STREET11
	214	+	ADDRESS OR MAILING ADDRESS, IF DIFFERENT FROM THE STREET ADDRESS,12
	215	+	AS WELL AS TO THE E-MAIL ADDRESS, IF AVAILABLE, OF THE REGISTERED13
	216	+	AGENT OF RECORD LISTED IN THE SECRETARY OF STATE 'S ONLINE FILING14
	217	+	SYSTEM FOR THE ENTITY AT ISSUE , AND, IF A TELEPHONE NUMBER IS15
	218	+	AVAILABLE, THE ATTORNEY GENERAL SHALL CONTACT THE REGISTERED16
	219	+	AGENT BY TELEPHONE; AND17
	220	+	(II) M
	221	+	AY PROVIDE WRITTEN OR VERBAL NOTICE AND DEMAND TO18
	222	+	ANY OTHER POINT OF CONTACT THAT THE ATTORNEY GENERAL19
	223	+	DETERMINES THROUGH INVESTIGATION TO BE A MEANS BY WHICH TO20
	224	+	REACH THE ENTITY AT ISSUE.21
	225	+	(b) T
	226	+	HE ATTORNEY GENERAL'S NOTICE AND DEMAND MUST NOTIFY22
	227	+	THE ENTITY AT ISSUE OF THE ALLEGATIONS IN THE COMPLAINT AND23
	228	+	DEMAND THAT THE ENTITY RESP OND TO THE COMPLAINT BY A DATE24
	229	+	CERTAIN, WHICH RESPONSE MUST INCLUDE THE INFORMATION DESCRIBED25
	230	+	IN SUBSECTION (4)(c) OF THIS SECTION.26
	231	+	(c) A
	232	+	PERSON TO WHOM THE ATTORNEY GENERAL SENDS A NOTICE27
	233	+	034
	234	+	-6- AND DEMAND, OR THE PERSON'S AGENT, SHALL RESPOND TO THE NOTICE1
	235	+	AND DEMAND WITHIN TWENTY -ONE DAYS AFTER THE WRITTEN NOTICE2
	236	+	AND DEMAND IS MAILED. THE RESPONSE MUST INCLUDE THE FOLLOWING3
	237	+	INFORMATION:4
	238	+	(I) T
	239	+	HE NAME; STREET ADDRESS; TELEPHONE NUMBER; E-MAIL5
	240	+	ADDRESS, IF AVAILABLE; AND ANY ADDITIONAL CONTACT INFORMATION6
	241	+	OF THE PERSON RESPONDING TO THE NOTICE AND DEMAND AND , IF THE7
	242	+	RESPONDING PERSON IS AN AGENT OF THE PERSON TO WHOM THE NOTICE8
	243	+	AND DEMAND IS SENT, ANY SUPPORTING
	244	+	DOCUMENTS, INCLUDING ANY9
	245	+	REGISTERED AGENT INFORMATION , THAT ESTABLISH THE AGENT 'S10
	246	+	AUTHORITY TO ACT ON THE PERSON 'S BEHALF;11
	247	+	(II) T
	248	+	HE NAME OF THE ENTITY AT ISSUE;12
	249	+	(III) I
	250	+	NFORMATION, IF KNOWN, IDENTIFYING EACH PERSON13
	251	+	INVOLVED IN THE ALLEGED VIOLATION OF SUBSECTION (1) OF THIS14
	252	+	SECTION, INCLUDING NAMES, STREET ADDRESSES, TELEPHONE NUMBERS,15
	253	+	WEBSITES, AND E-MAIL ADDRESSES;16
	254	+	(IV) I
	255	+	NFORMATION IDENTIFYING THE NATURE OF ANY BUSINESS OR17
	256	+	PERSONAL RELATIONSHIP BETWEEN THE PERSON THAT SUBMI TTED THE18
	257	+	COMPLAINT AND EACH PERSON INVOLVED IN THE ALLEGED VIOLATION OF19
	258	+	SUBSECTION (1) OF THIS SECTION; EXCEPT THAT THIS SUBSECTION
	259	+	20
	260	+	(4)(c)(IV)
	261	+	DOES NOT REQUIRE THE DISCLOSURE OF PRIVILEGED
	262	+	21
	263	+	INFORMATION;22
	264	+	(V) A
	265	+	STATEMENT BY THE ENTITY AT ISSUE RESPONDING TO THE23
	266	+	NOTICE AND DEMAND THAT AFFIRMS OR DENIES HAVING KNOWLEDGE OF24
	267	+	OR INFORMATION ABOUT THE ALLEGED VIOLATION OF SUBSECTION (1) OF25
	268	+	THIS SECTION;26
	269	+	(VI) M
	270	+	ATERIAL EVIDENCE OF WRITTEN CONSENT TO USE THE NAME27
	271	+	034
	272	+	-7- OR ADDRESS IN THE FILING AT ISSUE;1
	273	+	(VII) A
	274	+	STATEMENT BY THE PERSON RESPONDING TO THE NOTICE2
	275	+	AND DEMAND, UNDER PENALTY OF PERJURY PURSUANT TO SECTION3
	276	+	7-90-301.5,
	277	+	THAT THE PERSON BELIEVES IN GOOD FAITH THAT THE FACTS4
	278	+	STATED IN THE RESPONSE ARE TRUE AND THAT THE RESPONSE COMPLIES5
	279	+	WITH THE REQUIREMENTS OF THIS PART 3, THE CONSTITUENT DOCUMENTS,6
	280	+	AND THE ORGANIC STATUTES; AND7
	281	+	(VIII) A
	282	+	NY ADDITIONAL INFORMATION THAT THE PERSON8
	283	+	RESPONDING TO THE NOTICE AND DEMAND BELIEVES MAY BE USEFUL IN AN9
	284	+	INVESTIGATION OF THE COMPLAINT.10
	285	+	(d) A
	286	+	LL INFORMATION RECEIVED BY THE ATTORNEY GENERAL11
	287	+	UNDER THIS SECTION IS GOVERNED BY SECTION 6-1-111 (2).12
161	288		(e) I
162		-	F THE SECRETARY OF STATE REJECTS A COMPLAINT FOR FAILURE
163		-	TO COMPLY WITH SUBSECTION
164		-	(1) OR (2) OF THIS SECTION, THE COMPLAINT
165		-	MAY BE RESUBMITTED
166		-	.
167		-	(4) Review - attorney general - hearing and findings -
168		-	administrative law judge. (a) U
169		-	PON RECEIPT OF A COMPLAINT REFERRED
170		-	BY THE SECRETARY OF STATE IN ACCORDANCE WITH SUBSECTION
171		-	(3)(a) OF
172		-	THIS SECTION
173		-	, THE ATTORNEY GENERAL SHALL REVIEW THE COMPLAINT AND
174		-	DETERMINE WHETHER THE COMPLAINT SHOULD BE INVESTIGATED
175		-	. IF THE
176		-	ATTORNEY GENERAL DETERMINES THAT THE COMPLAINT SHOULD BE
177		-	INVESTIGATED
178		-	, THE ATTORNEY GENERAL:
179		-	(I) S
180		-	HALL MAIL A WRITTEN NOTICE AND DEMAND TO THE STREET
181		-	ADDRESS OR MAILING ADDRESS
182		-	, IF DIFFERENT FROM THE STREET ADDRESS,
183		-	AS WELL AS TO THE E-MAIL ADDRESS, IF AVAILABLE, OF THE REGISTERED
184		-	AGENT OF RECORD LISTED IN THE SECRETARY OF STATE
185		-	'S ONLINE FILING
186		-	SYSTEM FOR THE ENTITY AT ISSUE
187		-	, AND, IF A TELEPHONE NUMBER IS
188		-	AVAILABLE
189		-	, THE ATTORNEY GENERAL SHALL CONTACT THE REGISTERED
190		-	AGENT BY TELEPHONE
191		-	; AND
192		-	(II) MAY PROVIDE WRITTEN OR VERBAL NOTICE AND DEMAND TO
193		-	ANY OTHER POINT OF CONTACT THAT THE ATTORNEY GENERAL DETERMINES
194		-	THROUGH INVESTIGATION TO BE A MEANS BY WHICH TO REACH THE ENTITY
195		-	PAGE 4-SENATE BILL 22-034 AT ISSUE.
196		-	(b) T
197		-	HE ATTORNEY GENERAL'S NOTICE AND DEMAND MUST NOTIFY
198		-	THE ENTITY AT ISSUE OF THE ALLEGATIONS IN THE COMPLAINT AND DEMAND
199		-	THAT THE ENTITY RESPOND TO THE COMPLAINT BY A DATE CERTAIN
200		-	, WHICH
201		-	RESPONSE MUST INCLUDE THE INFORMATION DESCRIBED IN SUBSECTION
202		-	(4)(c) OF THIS SECTION.
203		-	(c) A
204		-	PERSON TO WHOM THE ATTORNEY GENERAL SENDS A NOTICE
205		-	AND DEMAND
206		-	, OR THE PERSON'S AGENT, SHALL RESPOND TO THE NOTICE AND
207		-	DEMAND WITHIN TWENTY
208		-	-ONE DAYS AFTER THE WRITTEN NOTICE AND
209		-	DEMAND IS MAILED
210		-	. THE RESPONSE MUST INCLUDE THE FOLLOWING
211		-	INFORMATION
212		-	:
	289	+	F, WITHIN TWENTY-ONE DAYS AFTER MAILING A NOTICE AND13
	290	+	DEMAND, THE ATTORNEY GENERAL DOES NOT RECEIVE A RESPONSE IN14
	291	+	WRITING OR OTHERWISE, THE ATTORNEY GENERAL SHALL SEND A SECOND15
	292	+	NOTICE AND DEMAND , CONSISTENT WITH THE REQUIREMENTS OF THIS16
	293	+	SUBSECTION (4), AND ALLOW TWENTY-ONE DAYS FOR A RESPONSE, WHICH17
	294	+	MUST COMPLY WITH SUBSECTION (4)(c) OF THIS SECTION.18
	295	+	(f) I
	296	+	F THE ATTORNEY GENERAL DOES NOT RECEIVE A RESPONSE19
	297	+	WITHIN TWENTY-ONE DAYS AFTER MAILING A SECOND NOTICE AND20
	298	+	DEMAND AS DESCRIBED IN SUBSECTION (4)(e) OF THIS SECTION, EACH21
	299	+	ALLEGATION IN THE NOTICE AND DEMAND IS DEEMED CONCEDED BY THE22
	300	+	PERSON THAT DID NOT RESPOND , AND THE ATTORNEY GENERAL MAY23
	301	+	CERTIFY THAT FACT TO THE SECRETARY OF STATE . UPON RECEIVING THE24
	302	+	CERTIFICATION, THE SECRETARY OF STATE SHALL TAKE THE APPROPRIATE25
	303	+	REMEDIAL ACTION UNDER SUBSECTIONS (4)(g)(V) AND (4)(g)(VI) OF THIS26
	304	+	SECTION BASED ON THE FACTS CONCEDED TO IN THE NOTICE AND DEMAND .27
	305	+	034
	306	+	-8- (g) (I) A REQUEST IS TIMELY IF RECEIPT OF A RESPONSE AND A1
	307	+	REQUEST FOR A HEARING ON ANY ISSUE RAISED BY THE NOTICE AND2
	308	+	DEMAND IS MADE WITHIN TWENTY-ONE DAYS AFTER THE NOTICE AND3
	309	+	DEMAND IS MAILED. IF A PERSON TIMELY REQUESTS A HEARING , THE4
	310	+	ATTORNEY GENERAL MAY REFER THE COMPLAINT TO AN ADMINISTRATIVE5
	311	+	LAW JUDGE.6
	312	+	(II) I
	313	+	F THE ATTORNEY GENERAL REFERS THE COMPLAINT TO AN7
	314	+	ADMINISTRATIVE LAW JUDGE, THE ATTORNEY GENERAL SHALL PROSECUTE8
	315	+	THE MATTER BEFORE THE ADMINISTRATIVE LAW JUDGE . IF THE ATTORNEY9
	316	+	GENERAL DOES NOT REFER THE COMPLAINT TO AN ADMINISTRATIVE LAW10
	317	+	JUDGE WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE ATTORNEY
	318	+	11
	319	+	GENERAL RECEIVES THE RESPONSE TO THE NOTICE AND DEMAND , THE12
	320	+	ATTORNEY GENERAL IS DEEMED TO HAVE DETERMINED TO NOT PROCEED13
	321	+	WITH PROSECUTING THE COMPLAINT .14
	322	+	(III) T
	323	+	HE ADMINISTRATIVE LAW JUDGE SHALL HOLD A HEARING15
	324	+	WITHIN SIXTY DAYS AFTER THE ATTORNEY GENERAL REFERS A COMPLAINT16
	325	+	AND SHALL RENDER A DECISION WITHIN FIFTEEN DAYS AFTER THE17
	326	+	HEARING. THE ADMINISTRATIVE LAW JUDGE MAY GRANT THE ATTORNEY18
	327	+	GENERAL OR THE PERSON REQUESTING A HEARING AN EXTENSION OF UP TO19
	328	+	THIRTY DAYS UPON A MOTION . THE ADMINISTRATIVE LAW JUDGE MAY20
	329	+	GRANT THE ATTORNEY GENERAL OR THE PERSON REQUESTING A HEARING21
	330	+	AN EXTENSION OF LONGER THAN THIRTY DAYS UPON A SHOWING OF GOOD22
	331	+	CAUSE.23
	332	+	(IV) I
	333	+	F THE ADMINISTRATIVE LAW JUDGE FINDS THAT SUBSECTION24
	334	+	(1)
	335	+	OF THIS SECTION HAS BEEN VIOLATED , THE ADMINISTRATIVE LAW25
	336	+	JUDGE SHALL MAKE AN ADDITIONAL FINDING AS TO WHETHER :26
	337	+	(A) A
	338	+	N ENTITY WAS CREATED WITHOUT AUTHORIZATION OR FOR27
	339	+	034
	340	+	-9- FRAUDULENT PURPOSES; OR1
	341	+	(B) A
	342	+	N UNAUTHORIZED FILING WAS MADE
	343	+	2
	344	+	(V) I
	345	+	F THE ADMINISTRATIVE LAW JUDGE FINDS THAT , OR IF A3
	346	+	CONCEDED NOTICE AND DEMAND SETS FORTH THAT , AN ENTITY WAS4
	347	+	CREATED WITHOUT AUTHORIZATION OR FOR FRAUDULENT PURPOSES , THE5
	348	+	ATTORNEY GENERAL SHALL NOTIFY THE SECRETARY OF STATE , WHO6
	349	+	SHALL:7
	350	+	(A) M
	351	+	ARK THE BUSINESS RECORD WITH A NOTICE THAT THE ENTITY8
	352	+	IS UNAUTHORIZED OR FRAUDULENT ;9
	353	+	(B) R
	354	+	EDACT EACH ADDRESS AND NAME
	355	+	THAT WAS USED WITHOUT10
	356	+	AUTHORIZATION FROM THE ENTITY 'S FILING AND FROM ANY OTHER11
	357	+	RELEVANT FILINGS; AND12
	358	+	(C) D
	359	+	ISABLE ADDITIONAL FILING FUNCTIONALITY ON THE ENTITY 'S13
	360	+	RECORDS.14
	361	+	(VI) I
	362	+	F THE ADMINISTRATIVE LAW JUDGE FINDS THAT , OR IF A15
	363	+	CONCEDED NOTICE AND DEMAND SETS FORTH THAT , AN UNAUTHORIZED16
	364	+	FILING WAS MADE FOR A LEGITIMATE ENTITY , THE ATTORNEY GENERAL17
	365	+	SHALL NOTIFY THE SECRETARY OF STATE , WHO SHALL:18
	366	+	(A) M
	367	+	ARK EACH UNAUTHORIZED FILING FOR THE ENTITY TO19
	368	+	NOTIFY THE PUBLIC THAT THE FILING IS UNAUTHORIZED ;20
	369	+	(B) R
	370	+	EDACT EACH ADDRESS AND NAME THAT WAS USED WITHOUT21
	371	+	AUTHORIZATION FROM THE ENTITY 'S FILING AND FROM THE RELEVANT22
	372	+	FILINGS; AND23
	373	+	(C) M
	374	+	ARK THE BUSINESS RECORD
	375	+	TO NOTIFY THE PUBLIC THAT24
	376	+	THE ENTITY HAS BEEN THE VICTIM OF FRAUDULENT OR UNAUTHORIZED25
	377	+	ACTS.26
	378	+	(VII) T
	379	+	HE DECISION OF THE ADMINISTRATIVE LAW JUDGE IS FINAL27
	380	+	034
	381	+	-10- AND SUBJECT TO REVIEW BY THE COURT OF APPEALS UNDER SECTION1
	382	+	24-4-106
	383	+	(11). THE SECRETARY OF STATE AND THE ADMINISTRATIVE LAW2
	384	+	JUDGE ARE NOT NECESSARY PARTIES TO THE REVIEW .3
	385	+	(h) T
	386	+	HE ATTORNEY GENERAL SHALL COMMUNICATE THE FINDING4
	387	+	MADE BY THE ADMINISTRATIVE LAW JUDGE IN ACCORDANCE WITH5
	388	+	SUBSECTION (4)(g)(IV) OF THIS SECTION TO:6
213	389		(I) T
214		-	HE NAME; STREET ADDRESS; TELEPHONE NUMBER ; E-MAIL
215		-	ADDRESS
216		-	, IF AVAILABLE; AND ANY ADDITIONAL CONTACT INFORMATION OF
217		-	THE PERSON RESPONDING TO THE NOTICE AND DEMAND AND
218		-	, IF THE
219		-	RESPONDING PERSON IS AN AGENT OF THE PERSON TO WHOM THE NOTICE AND
220		-	DEMAND IS SENT
221		-	, ANY SUPPORTING DOCUMENTS , INCLUDING ANY
222		-	REGISTERED AGENT INFORMATION
223		-	, THAT ESTABLISH THE AGENT 'S
224		-	AUTHORITY TO ACT ON THE PERSON
225		-	'S BEHALF;
226		-	(II) T
227		-	HE NAME OF THE ENTITY AT ISSUE;
228		-	(III) I
229		-	NFORMATION, IF KNOWN, IDENTIFYING EACH PERSON INVOLVED
230		-	IN THE ALLEGED VIOLATION OF SUBSECTION
231		-	(1) OF THIS SECTION, INCLUDING
232		-	NAMES
233		-	, STREET ADDRESSES, TELEPHONE NUMBERS, WEBSITES, AND E-MAIL
234		-	ADDRESSES
235		-	;
236		-	(IV) I
237		-	NFORMATION IDENTIFYING THE NATURE OF ANY BUSINESS OR
238		-	PERSONAL RELATIONSHIP BETWEEN THE PERSON THAT SUBMITTED THE
239		-	COMPLAINT AND EACH PERSON INVOLVED IN THE ALLEGED VIOLATION OF
240		-	SUBSECTION
241		-	(1) OF THIS SECTION; EXCEPT THAT THIS SUBSECTION (4)(c)(IV)
242		-	DOES NOT REQUIRE THE DISCLOSURE OF PRIVILEGED INFORMATION ;
243		-	(V) A
244		-	STATEMENT BY THE ENTITY AT ISSUE RESPONDING TO THE
245		-	NOTICE AND DEMAND THAT AFFIRMS OR DENIES HAVING KNOWLEDGE OF OR
246		-	INFORMATION ABOUT THE ALLEGED VIOLATION OF SUBSECTION
247		-	(1) OF THIS
	390	+	HE PERSON WHO SUBMITTED THE COMPLAINT , USING THE7
	391	+	E-MAIL ADDRESS PROVIDED ON THE COMPLAINT FORM OR , IF AN E-MAIL8
	392	+	ADDRESS WAS NOT PROVIDED, USING THE MAILING ADDRESS PROVIDED ON9
	393	+	THE COMPLAINT FORM; AND10
	394	+	(II) E
	395	+	ACH ENTITY AT ISSUE, USING REGISTERED MAIL ADDRESSED11
	396	+	TO THE STREET ADDRESS OR MAILING ADDRESS , IF DIFFERENT, OF THE12
	397	+	REGISTERED AGENT OF RECORD FOR THE ENTITY LISTED IN THE SECRETARY13
	398	+	OF STATE'S ONLINE FILING SYSTEM AND TO THE E-MAIL ADDRESS LISTED,14
	399	+	IF PROVIDED; AND15
	400	+	(III) T
	401	+	HE SECRETARY OF STATE.16
	402	+	(5) A
	403	+	VIOLATION OF SUBSECTION (1) OF THIS SECTION IS A17
	404	+	DECEPTIVE TRADE PRACTICE UNDER SECTION 6-1-105 (1)(ooo) AND IS18
	405	+	SUBJECT TO ENFORCEMENT BY THE
	406	+	DEPARTMENT OF LAW IN ADDITION TO19
	407	+	THE ENFORCEMENT DESCRIBED IN THIS SECTION . A DETERMINATION BY20
	408	+	THE ADMINISTRATIVE LAW JUDGE AS PROVIDED BY SUBSECTION (4)(g)(IV)21
	409	+	OF THIS SECTION OR A FAILURE TO TIMELY RESPOND TO A NOTICE AND22
	410	+	DEMAND AS PROVIDED BY SUBSECTION (4)(f) OF THIS SECTION23
	411	+	CONSTITUTES A PRIMA FACIE SHOWING THAT SUBSECTION (1) OF THIS24
	412	+	SECTION WAS VIOLATED.25
	413	+	SECTION 2. In Colorado Revised Statutes, add 7-90-316 as26
	414	+	follows:27
	415	+	034
	416	+	-11- 7-90-316. Working group. (1) THE WORKING GROUP TO STUDY1
	417	+	MEASURES TO COUNTERACT FRAUDULENT FILINGS IN THE ONLINE BUSINESS2
	418	+	FILING SYSTEM, REFERRED TO AS THE "WORKING GROUP" IN THIS SECTION,3
	419	+	IS HEREBY CREATED TO STUDY POTENTIAL MEASURES TO COUNTERACT4
	420	+	AND PREVENT FRAUDULENT FILINGS IN THE ONLINE BUSINESS FILING5
	421	+	SYSTEM. THE SECRETARY OF STATE'S DESIGNEE SHALL CONVENE THE6
	422	+	WORKING GROUP BY SEPTEMBER 15, 2023.7
	423	+	(2) (a) THE WORKING GROUP CONSISTS OF :8
	424	+	(I) THE SECRETARY OF STATE'S DESIGNEE;9
	425	+	(II) TWO REPRESENTATIVES OF THE SECRETARY OF STATE'S OFFICE10
	426	+	WITH FAMILIARITY WITH THE ONLINE BUSINESS FILING SYSTEM, APPOINTED11
	427	+	BY THE SECRETARY OF STATE;12
	428	+	(III) A REPRESENTATIVE FROM THE ATTORNEY GENERAL'S OFFICE,13
	429	+	APPOINTED BY THE ATTORNEY GENERAL ;14
	430	+	(IV) A REPRESENTATIVE FROM THE COLORADO BUREAU OF15
	431	+	INVESTIGATION, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE16
	432	+	DEPARTMENT OF PUBLIC SAFETY ;17
	433	+	(V) A REPRESENTATIVE OF THE DEPARTMENT OF HOMELAND18
	434	+	SECURITY, APPOINTED BY THE SPEAKER OF THE COLORADO HOUSE OF19
	435	+	REPRESENTATIVES;20
	436	+	(VI) TWO REPRESENTATIVES FROM STATE OR LOCAL BUSINESS21
	437	+	ASSOCIATIONS OR CHAMBERS OF COMMERCE, APPOINTED BY THE22
	438	+	PRESIDENT OF THE COLORADO SENATE;23
	439	+	(VII) A REPRESENTATIVE OF AN ECONOMIC DEVELOPMENT24
	440	+	ORGANIZATION, APPOINTED BY THE SPEAKER OF THE COLORADO HOUSE OF25
	441	+	REPRESENTATIVES;26
	442	+	(VIII) A REPRESENTATIVE OF THE COLORADO BAR ASSOCIATION27
	443	+	034
	444	+	-12- WITH EXPERTISE IN BUSINESS LAW, APPOINTED BY THE COLORADO BAR1
	445	+	ASSOCIATION; AND2
	446	+	(IX) A MEMBER OF THE PUBLIC WHO IS A BUSINESS OWNER,3
	447	+	PREFERABLY WHO HAS BEEN THE VICTIM OF A FRAUDULENT BUSINESS4
	448	+	FILING, APPOINTED BY THE SECRETARY OF STATE .5
	449	+	(b) THE SECRETARY OF STATE DESIGNEE MAY ALSO INVITE6
	450	+	ADDITIONAL REPRESENTATIVES TO ATTEND WORKING GROUP MEETINGS7
	451	+	AND PARTICIPATE AS NONVOTING MEMBERS .8
	452	+	9
	453	+	SECTION 3. In Colorado Revised Statutes, 6-1-105, add10
	454	+	(1)(ooo) as follows:11
	455	+	6-1-105. Unfair or deceptive trade practices. (1) A person12
	456	+	engages in a deceptive trade practice when, in the course of the person's13
	457	+	business, vocation, or occupation, the person:14
	458	+	(ooo) V
	459	+	IOLATES SECTION 7-90-314 (1).15
248	460		SECTION
249		-	;
250		-	PAGE 5-SENATE BILL 22-034 (VI) MATERIAL EVIDENCE OF WRITTEN CONSENT TO USE THE NAME
251		-	OR ADDRESS IN THE FILING AT ISSUE
252		-	;
253		-	(VII) A
254		-	STATEMENT BY THE PERSON RESPONDING TO THE NOTICE
255		-	AND DEMAND
256		-	, UNDER PENALTY OF PERJURY PURSUANT TO SECTION
257		-	7-90-301.5, THAT THE PERSON BELIEVES IN GOOD FAITH THAT THE FACTS
258		-	STATED IN THE RESPONSE ARE TRUE AND THAT THE RESPONSE COMPLIES
259		-	WITH THE REQUIREMENTS OF THIS PART
260		-	3, THE CONSTITUENT DOCUMENTS ,
261		-	AND THE ORGANIC STATUTES; AND
262		-	(VIII) ANY ADDITIONAL INFORMATION THAT THE PERSON
263		-	RESPONDING TO THE NOTICE AND DEMAND BELIEVES MAY BE USEFUL IN AN
264		-	INVESTIGATION OF THE COMPLAINT
265		-	.
266		-	(d) A
267		-	LL INFORMATION RECEIVED BY THE ATTORNEY GENERAL UNDER
268		-	THIS SECTION IS GOVERNED BY SECTION
269		-	6-1-111 (2).
270		-	(e) I
271		-	F, WITHIN TWENTY-ONE DAYS AFTER MAILING A NOTICE AND
272		-	DEMAND
273		-	, THE ATTORNEY GENERAL DOES NOT RECEIVE A RESPONSE IN
274		-	WRITING OR OTHERWISE
275		-	, THE ATTORNEY GENERAL SHALL SEND A SECOND
276		-	NOTICE AND DEMAND
277		-	, CONSISTENT WITH THE REQUIREMENTS OF THIS
278		-	SUBSECTION
279		-	(4), AND ALLOW TWENTY-ONE DAYS FOR A RESPONSE, WHICH
280		-	MUST COMPLY WITH SUBSECTION
281		-	(4)(c) OF THIS SECTION.
282		-	(f) I
283		-	F THE ATTORNEY GENERAL DOES NOT RECEIVE A RESPONSE
284		-	WITHIN TWENTY
285		-	-ONE DAYS AFTER MAILING A SECOND NOTICE AND DEMAND
286		-	AS DESCRIBED IN SUBSECTION
287		-	(4)(e) OF THIS SECTION, EACH ALLEGATION IN
288		-	THE NOTICE AND DEMAND IS DEEMED CONCEDED BY THE PERSON THAT DID
289		-	NOT RESPOND
290		-	, AND THE ATTORNEY GENERAL MAY CERTIFY THAT FACT TO
291		-	THE SECRETARY OF STATE
292		-	. UPON RECEIVING THE CERTIFICATION , THE
293		-	SECRETARY OF STATE SHALL TAKE THE APPROPRIATE REMEDIAL ACTION
294		-	UNDER SUBSECTIONS
295		-	(4)(g)(V) AND (4)(g)(VI) OF THIS SECTION BASED ON
296		-	THE FACTS CONCEDED TO IN THE NOTICE AND DEMAND
297		-	.
298		-	(g) (I) A
299		-	REQUEST IS TIMELY IF RECEIPT OF A RESPONSE AND A
300		-	REQUEST FOR A HEARING ON ANY ISSUE RAISED BY THE NOTICE AND DEMAND
301		-	IS MADE WITHIN TWENTY
302		-	-ONE DAYS AFTER THE NOTICE AND DEMAND IS
303		-	MAILED
304		-	. IF A PERSON TIMELY REQUESTS A HEARING , THE ATTORNEY
305		-	GENERAL MAY REFER THE COMPLAINT TO AN ADMINISTRATIVE LAW JUDGE
306		-	.
307		-	PAGE 6-SENATE BILL 22-034 (II) IF THE ATTORNEY GENERAL REFERS THE COMPLAINT TO AN
308		-	ADMINISTRATIVE LAW JUDGE
309		-	, THE ATTORNEY GENERAL SHALL PROSECUTE
310		-	THE MATTER BEFORE THE ADMINISTRATIVE LAW JUDGE
311		-	. IF THE ATTORNEY
312		-	GENERAL DOES NOT REFER THE COMPLAINT TO AN ADMINISTRATIVE LAW
313		-	JUDGE WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE ATTORNEY GENERAL
314		-	RECEIVES THE RESPONSE TO THE NOTICE AND DEMAND
315		-	, THE ATTORNEY
316		-	GENERAL IS DEEMED TO HAVE DETERMINED TO NOT PROCEED WITH
317		-	PROSECUTING THE COMPLAINT
318		-	.
319		-	(III) T
320		-	HE ADMINISTRATIVE LAW JUDGE SHALL HOLD A HEARING
321		-	WITHIN SIXTY DAYS AFTER THE ATTORNEY GENERAL REFERS A COMPLAINT
322		-	AND SHALL RENDER A DECISION WITHIN FIFTEEN DAYS AFTER THE HEARING
323		-	.
324		-	T
325		-	HE ADMINISTRATIVE LAW JUDGE MAY GRANT THE ATTORNEY GENERAL OR
326		-	THE PERSON REQUESTING A HEARING AN EXTENSION OF UP TO THIRTY DAYS
327		-	UPON A MOTION
328		-	. THE ADMINISTRATIVE LAW JUDGE MAY GRANT THE
329		-	ATTORNEY GENERAL OR THE PERSON REQUESTING A HEARING AN EXTENSION
330		-	OF LONGER THAN THIRTY DAYS UPON A SHOWING OF GOOD CAUSE
331		-	.
332		-	(IV) I
333		-	F THE ADMINISTRATIVE LAW JUDGE FINDS THAT SUBSECTION (1)
334		-	OF THIS SECTION HAS BEEN VIOLATED , THE ADMINISTRATIVE LAW JUDGE
335		-	SHALL MAKE AN ADDITIONAL FINDING AS TO WHETHER
336		-	:
337		-	(A) A
338		-	N ENTITY WAS CREATED WITHOUT AUTHORIZATION OR FOR
339		-	FRAUDULENT PURPOSES
340		-	; OR
341		-	(B) AN UNAUTHORIZED FILING WAS MADE .
342		-	(V) I
343		-	F THE ADMINISTRATIVE LAW JUDGE FINDS THAT , OR IF A
344		-	CONCEDED NOTICE AND DEMAND SETS FORTH THAT
345		-	, AN ENTITY WAS
346		-	CREATED WITHOUT AUTHORIZATION OR FOR FRAUDULENT PURPOSES
347		-	, THE
348		-	ATTORNEY GENERAL SHALL NOTIFY THE SECRETARY OF STATE
349		-	, WHO SHALL:
350		-	(A) M
351		-	ARK THE BUSINESS RECORD WITH A NOTICE THAT THE ENTITY
352		-	IS UNAUTHORIZED OR FRAUDULENT
353		-	;
354		-	(B) R
355		-	EDACT EACH ADDRESS AND NAME THAT WAS USED WITHOUT
356		-	AUTHORIZATION FROM THE ENTITY
357		-	'S FILING AND FROM ANY OTHER
358		-	RELEVANT FILINGS
359		-	; AND
360		-	(C) DISABLE ADDITIONAL FILING FUNCTIONALITY ON THE ENTITY 'S
361		-	PAGE 7-SENATE BILL 22-034 RECORDS.
362		-	(VI) I
363		-	F THE ADMINISTRATIVE LAW JUDGE FINDS THAT , OR IF A
364		-	CONCEDED NOTICE AND DEMAND SETS FORTH THAT
365		-	, AN UNAUTHORIZED
366		-	FILING WAS MADE FOR A LEGITIMATE ENTITY
367		-	, THE ATTORNEY GENERAL
368		-	SHALL NOTIFY THE SECRETARY OF STATE
369		-	, WHO SHALL:
370		-	(A) M
371		-	ARK EACH UNAUTHORIZED FILING FOR THE ENTITY TO NOTIFY
372		-	THE PUBLIC THAT THE FILING IS UNAUTHORIZED
373		-	;
374		-	(B) R
375		-	EDACT EACH ADDRESS AND NAME THAT WAS USED WITHOUT
376		-	AUTHORIZATION FROM THE ENTITY
377		-	'S FILING AND FROM THE RELEVANT
378		-	FILINGS
379		-	; AND
380		-	(C) MARK THE BUSINESS RECORD TO NOTIFY THE PUBLIC THAT THE
381		-	ENTITY HAS BEEN THE VICTIM OF FRAUDULENT OR UNAUTHORIZED ACTS
382		-	.
383		-	(VII) T
384		-	HE DECISION OF THE ADMINISTRATIVE LAW JUDGE IS FINAL
385		-	AND SUBJECT TO REVIEW BY THE COURT OF APPEALS UNDER SECTION
386		-	24-4-106 (11). THE SECRETARY OF STATE AND THE ADMINISTRATIVE LAW
387		-	JUDGE ARE NOT NECESSARY PARTIES TO THE REVIEW
388		-	.
389		-	(h) T
390		-	HE ATTORNEY GENERAL SHALL COMMUNICATE THE FINDING
391		-	MADE BY THE ADMINISTRATIVE LAW JUDGE IN ACCORDANCE WITH
392		-	SUBSECTION
393		-	(4)(g)(IV) OF THIS SECTION TO:
394		-	(I) T
395		-	HE PERSON WHO SUBMITTED THE COMPLAINT , USING THE E-MAIL
396		-	ADDRESS PROVIDED ON THE COMPLAINT FORM OR
397		-	, IF AN E-MAIL ADDRESS
398		-	WAS NOT PROVIDED
399		-	, USING THE MAILING ADDRESS PROVIDED ON THE
400		-	COMPLAINT FORM
401		-	; AND
402		-	(II) EACH ENTITY AT ISSUE, USING REGISTERED MAIL ADDRESSED TO
403		-	THE STREET ADDRESS OR MAILING ADDRESS
404		-	, IF DIFFERENT, OF THE
405		-	REGISTERED AGENT OF RECORD FOR THE ENTITY LISTED IN THE SECRETARY
406		-	OF STATE
407		-	'S ONLINE FILING SYSTEM AND TO THE E-MAIL ADDRESS LISTED, IF
408		-	PROVIDED
409		-	; AND
410		-	(III) THE SECRETARY OF STATE.
411		-	(5) A
412		-	VIOLATION OF SUBSECTION (1) OF THIS SECTION IS A DECEPTIVE
413		-	PAGE 8-SENATE BILL 22-034 TRADE PRACTICE UNDER SECTION 6-1-105 (1)(ppp) AND IS SUBJECT TO
414		-	ENFORCEMENT BY THE DEPARTMENT OF LAW IN ADDITION TO THE
415		-	ENFORCEMENT DESCRIBED IN THIS SECTION
416		-	. A DETERMINATION BY THE
417		-	ADMINISTRATIVE LAW JUDGE AS PROVIDED BY SUBSECTION
418		-	(4)(g)(IV) OF
419		-	THIS SECTION OR A FAILURE TO TIMELY RESPOND TO A NOTICE AND DEMAND
420		-	AS PROVIDED BY SUBSECTION
421		-	(4)(f) OF THIS SECTION CONSTITUTES A PRIMA
422		-	FACIE SHOWING THAT SUBSECTION
423		-	(1) OF THIS SECTION WAS VIOLATED.
424		-	7-90-315. Working group - report - repeal. (1) T
425		-	HE WORKING
426		-	GROUP TO STUDY MEASURES TO COUNTERACT FRAUDULENT FILINGS IN THE
427		-	ONLINE BUSINESS FILING SYSTEM
428		-	, REFERRED TO IN THIS SECTION AS THE
429		-	"WORKING GROUP", IS HEREBY CREATED TO STUDY POTENTIAL MEASURES TO
430		-	COUNTERACT AND PREVENT FRAUDULENT FILINGS IN THE ONLINE BUSINESS
431		-	FILING SYSTEM
432		-	. THE SECRETARY OF STATE'S DESIGNEE SHALL CONVENE THE
433		-	WORKING GROUP BY
434		-	SEPTEMBER 15, 2022.
435		-	(2) (a) T
436		-	HE WORKING GROUP CONSISTS OF :
437		-	(I) T
438		-	HE SECRETARY OF STATE'S DESIGNEE;
439		-	(II) T
440		-	WO REPRESENTATIVES OF THE SECRETARY OF STATE 'S OFFICE
441		-	WITH FAMILIARITY WITH THE ONLINE BUSINESS FILING SYSTEM
442		-	, APPOINTED
443		-	BY THE SECRETARY OF STATE
444		-	;
445		-	(III) A
446		-	REPRESENTATIVE FROM THE ATTORNEY GENERAL 'S OFFICE,
447		-	APPOINTED BY THE ATTORNEY GENERAL ;
448		-	(IV) A
449		-	REPRESENTATIVE FROM THE COLORADO BUREAU OF
450		-	INVESTIGATION
451		-	, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
452		-	DEPARTMENT OF PUBLIC SAFETY
453		-	;
454		-	(V) A
455		-	REPRESENTATIVE OF THE DEPARTMENT OF HOMELAND
456		-	SECURITY
457		-	, APPOINTED BY THE SPEAKER OF THE COLORADO HOUSE OF
458		-	REPRESENTATIVES
459		-	;
460		-	(VI) T
461		-	WO REPRESENTATIVES FROM STATE OR LOCAL BUSINESS
462		-	ASSOCIATIONS OR CHAMBERS OF COMMERCE
463		-	, APPOINTED BY THE PRESIDENT
464		-	OF THE
465		-	COLORADO SENATE;
466		-	(VII) A
467		-	REPRESENTATIVE OF AN ECONOMIC DEVELOPMENT
468		-	PAGE 9-SENATE BILL 22-034 ORGANIZATION, APPOINTED BY THE SPEAKER OF THE COLORADO HOUSE OF
469		-	REPRESENTATIVES
470		-	;
471		-	(VIII) A
472		-	REPRESENTATIVE OF THE COLORADO BAR ASSOCIATION
473		-	WITH EXPERTISE IN BUSINESS LAW
474		-	, APPOINTED BY THE COLORADO BAR
475		-	ASSOCIATION
476		-	; AND
477		-	(IX) A MEMBER OF THE PUBLIC WHO IS A BUSINESS OWNER ,
478		-	PREFERABLY WHO HAS BEEN THE VICTIM OF A FRAUDULENT BUSINESS FILING ,
479		-	APPOINTED BY THE SECRETARY OF STATE .
480		-	(b) T
481		-	HE SECRETARY OF STATE 'S DESIGNEE MAY ALSO INVITE
482		-	ADDITIONAL REPRESENTATIVES TO ATTEND WORKING GROUP M EETINGS AND
483		-	PARTICIPATE AS NONVOTING MEMBERS
484		-	.
485		-	(3) T
486		-	HE WORKING GROUP SHALL SUBMIT A REPORT TO THE GENERAL
487		-	ASSEMBLY BY
488		-	JANUARY 31, 2023, CONTAINING POTENTIAL LEGISLATIVE
489		-	PROVISIONS TO COUNTERACT AND PREVENT FRAUDULENT FILINGS
490		-	, AS WELL
491		-	AS THE COSTS AND BENEFITS ASSOCIATED WITH EACH POTENTIAL
492		-	LEGISLATIVE PROVISION
493		-	. THE REPORT MAY INCLUDE SPECIFIC
494		-	RECOMMENDATIONS TO THE GENERAL ASSEMBLY
495		-	.
496		-	(4) E
497		-	XCEPT FOR COMPENSATION DRAWN AS A PART OF NORMAL
498		-	EMPLOYMENT
499		-	, MEMBERS OF THE WORKING GROUP DO NOT RECEIVE
500		-	COMPENSATION FOR PARTICIPATION IN THE WORKING GROUP
501		-	.
502		-	(5) T
503		-	HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.
504		-	SECTION 2. In Colorado Revised Statutes, 6-1-105, add (1)(ppp)
505		-	as follows:
506		-	6-1-105. Unfair or deceptive trade practices. (1) A person
507		-	engages in a deceptive trade practice when, in the course of the person's
508		-	business, vocation, or occupation, the person:
509		-	(ppp) V
510		-	IOLATES SECTION 7-90-314 (1).
511		-	SECTION 3. Act subject to petition - effective date -
512		-	applicability. (1) This act takes effect February 1, 2023; except that, if a
513		-	referendum petition is filed pursuant to section 1 (3) of article V of the state
514		-	PAGE 10-SENATE BILL 22-034 constitution against this act or an item, section, or part of this act within the
515		-	ninety-day period after final adjournment of the general assembly, then the
516		-	act, item, section, or part will not take effect unless approved by the people
517		-	at the general election to be held in November 2022 and, in such case, will
518		-	take effect February 1, 2023, or on the date of the official declaration of the
519		-	vote thereon by the governor, whichever is later.
520		-	(2) This act applies to complaints submitted and offenses committed
521		-	on or after the applicable effective date of this act.
522		-	____________________________ ____________________________
523		-	Steve Fenberg Alec Garnett
524		-	PRESIDENT OF SPEAKER OF THE HOUSE
525		-	THE SENATE OF REPRESENTATIVES
526		-	____________________________ ____________________________
527		-	Cindi L. Markwell Robin Jones
528		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
529		-	THE SENATE OF REPRESENTATIVES
530		-	APPROVED________________________________________
531		-	(Date and Time)
532		-	_________________________________________
533		-	Jared S. Polis
534		-	GOVERNOR OF THE STATE OF COLORADO
535		-	PAGE 11-SENATE BILL 22-034
	461	+	4. Act subject to petition - effective date -16
	462	+	applicability. (1) This act takes effect February 1, 2023; except that, if17
	463	+	a referendum petition is filed pursuant to section 1 (3) of article V of the18
	464	+	state constitution against this act or an item, section, or part of this act19
	465	+	within the ninety-day period after final adjournment of the general20
	466	+	assembly, then the act, item, section, or part will not take effect unless21
	467	+	approved by the people at the general election to be held in November22
	468	+	2022 and, in such case, will take effect February 1, 2023, or on the date23
	469	+	of the official declaration of the vote thereon by the governor, whichever24
	470	+	is later.25
	471	+	(2) This act applies to complaints submitted and offenses26
	472	+	committed on or after the applicable effective date of this act.27
	473	+	034
	474	+	-13-