SENATE BILL 22-034
BY SENATOR(S) Kolker and Priola, Bridges, Buckner, Gardner, Gonzales,
Holbert, Kirkmeyer, Lundeen, Pettersen, Smallwood, Winter, Woodward;
also REPRESENTATIVE(S) Bird and Sandridge, Carver, Cutter, Duran,
Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine, Neville, Pico, Snyder,
Titone, Valdez A., Weissman, Bernett, Boesenecker, Esgar, Exum, Geitner,
Kennedy, McCluskie, McKean, Ricks, Soper, Van Beber, Van Winkle,
Williams, Woodrow, Young.
C
ONCERNING MEASURES TO COUNTERACT THE FILING OF FRAUDULENT
BUSINESS DOCUMENTS WITH THE SECRETARY OF STATE
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 7-90-314 and
7-90-315 as follows:
7-90-314. Fraudulent filings - complaint - review - referral to
attorney general - referral to administrative law judge - marking filing
as fraudulent - deceptive trade practice. (1) Fraudulent filings. T
HE
FOLLOWING ACTIONS ARE PROHIBITED
:
(a) I
NCLUDING THE NAME OF A PERSON ON A DOCUMENT FILED IN THE
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. SECRETARY OF STATE'S OFFICE UNDER THIS PART 3 WITHOUT THE NAMED
PERSON
'S WRITTEN CONSENT IF THE PERSON IS INCLUDED IN THE FILING AS :
(I) T
HE REGISTERED AGENT;
(II) T
HE INDIVIDUAL CAUSING THE DOCUMENT TO BE DELIVERED TO
THE SECRETARY OF STATE
'S OFFICE FOR FILING;
(III) T
HE PERSON INCORPORATING , FORMING, OR ORGANIZING AN
ENTITY
; OR
(IV) ANY OTHER PERSON REQUIRED UNDER THIS TITLE 7 TO BE
IDENTIFIED IN A DOCUMENT FILED IN THE SECRETARY OF STATE
'S OFFICE;
(b) I
NCLUDING AN ADDRESS IN A DOCUMENT FILED IN THE
SECRETARY OF STATE
'S OFFICE UNDER THIS PART 3 WITHOUT THE CONSENT
OF THE OWNER OF OR OCCUPANT OF THE INCLUDED ADDRESS
; AND
(c) DELIVERING A DOCUMENT REGARDING AN ENTITY TO THE
SECRETARY OF STATE
'S OFFICE IF THE INDIVIDUAL WHO MAKES THE
DELIVERY LACKS THE NECESSARY WRITTEN CONSENT OR AUTHORITY TO DO
SO
.
(2) Complaint. A
PERSON THAT IS NAMED IN OR OTHERWISE
AFFECTED BY THE FILING OF A DOCUMENT UNDER THIS PART
3 MAY SUBMIT
A COMPLAINT TO THE SECRETARY OF STATE
, ON A FORM PRESCRIBED BY THE
SECRETARY OF STATE
, ALLEGING THAT THE FILING WAS MADE IN VIOLATION
OF SUBSECTION
(1) OF THIS SECTION. THE COMPLAINT MUST INCLUDE AT
LEAST THE FOLLOWING INFORMATION
:
(a) A
DESCRIPTION OF THE ALLEGED VIOLATION ;
(b) T
HE NAME; STREET ADDRESS; TELEPHONE NUMBER ; E-MAIL
ADDRESS
, IF AVAILABLE; AND ANY ADDITIONAL CONTACT INFORMATION OF
THE PERSON MAKING THE COMPLAINT
;
(c) T
HE NAME; STREET ADDRESS; TELEPHONE NUMBER ; E-MAIL
ADDRESS
, IF AVAILABLE; AND ANY ADDITIONAL CONTACT INFORMATION OF
ANY THIRD PARTY AUTHORIZED TO SUBMIT THE COMPLAINT BY AND ON
BEHALF OF THE PERSON THAT IS NAMED IN OR AFFECTED BY THE FILING
;
PAGE 2-SENATE BILL 22-034 (d) THE UNIQUE IDENTIFICATION NUMBER ASSIGNED BY THE
SECRETARY OF STATE TO EACH FILED DOCUMENT THAT IS ALLEGED TO HAVE
BEEN FILED IN VIOLATION OF SUBSECTION
(1) OF THIS SECTION;
(e) T
HE UNIQUE IDENTIFICATION NUMBER ASSIGNED BY THE
SECRETARY OF STATE TO EACH ENTITY ASSOCIATED WITH BOTH THE
COMPLAINT AND THE FILING
;
(f) I
NFORMATION, IF KNOWN TO THE PERSON MAKING THE
COMPLAINT
, IDENTIFYING EACH PERSON INVOLVED IN THE FILING, INCLUDING
NAMES
, STREET ADDRESSES, TELEPHONE NUMBERS, WEBSITES, AND E-MAIL
ADDRESSES
;
(g) I
NFORMATION, IF KNOWN, IDENTIFYING THE NATURE OF ANY
BUSINESS OR PERSONAL RELATIONSHIP BETWEEN THE PERSON SUBMITTING
THE COMPLAINT AND EACH PERSON INVOLVED IN THE ALLEGED VIOLATION
;
(h) A
STATEMENT BY THE PERSON SUBMITTING THE COMPLAINT ,
UNDER PENALTY OF PERJURY PURSUANT TO SECTION 7-90-301.5, THAT THE
PERSON BELIEVES IN GOOD FAITH THAT THE FACTS STATED IN THE
COMPLAINT ARE TRUE AND THAT THE COMPLAINT COMPLIES WITH THE
REQUIREMENTS OF THIS PART
3, THE CONSTITUENT DOCUMENTS , AND THE
ORGANIC STATUTES
; AND
(i) ANY ADDITIONAL INFORMATION THAT THE PERSON BELIEVES MAY
ASSIST IN AN INVESTIGATION OF THE COMPLAINT
.
(3) Review - secretary of state. (a) U
PON RECEIPT OF A COMPLAINT
SUBMITTED PURSUANT TO SUBSECTION
(2) OF THIS SECTION, THE SECRETARY
OF STATE SHALL REVIEW THE COMPLAINT AND EVALUATE WHETHER THE
COMPLAINT INDICATES A VIOLATION OF SUBSECTION
(1) OF THIS SECTION
AND SATISFIES THE REQUIREMENTS OF SUBSECTION
(2) OF THIS SECTION. IF
SO
, THE SECRETARY OF STATE, USING ELECTRONIC MEANS, SHALL REFER THE
COMPLAINT TO THE ATTORNEY GENERAL FOR REVIEW AND INVESTIGATION
UNDER THE
"COLORADO CONSUMER PROTECTION ACT", ARTICLE 1 OF TITLE
6.
(b) I
F THE SECRETARY OF STATE DETERMINES THAT THE
INFORMATION PROVIDED IN A COMPLAINT DOES NOT INDICATE A VIOLATION
OF SUBSECTION
(1) OF THIS SECTION OR DOES NOT SATISFY THE
PAGE 3-SENATE BILL 22-034 REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION, THE SECRETARY OF
STATE SHALL NOTIFY THE PERSON THAT SUBMITTED THE COMPLAINT OF THE
FACT AND PROVIDE AN EXPL ANATION OF ANY DEFICIENCIES IN THE
COMPLAINT
.
(c) T
HE SECRETARY OF STATE MAY ASK A PERSON WHO SUBMITS A
COMPLAINT TO SUBMIT ADDITIONAL INFORMATION CONCERNING
:
(I) T
HE ALLEGED VIOLATION OF SUBSECTION (1) OF THIS SECTION; OR
(II) THE PERSON'S FAILURE TO SUBMIT THE INFORMATION REQUIRED
BY SUBSECTION
(2) OF THIS SECTION.
(d) T
HE SECRETARY OF STATE SHALL NOTIFY THE PERSON WHO
SUBMITTED A COMPLAINT OF THE OUTCOME OF THE SECRETARY OF STATE
'S
REVIEW OF THE COMPLAINT
.
(e) I
F THE SECRETARY OF STATE REJECTS A COMPLAINT FOR FAILURE
TO COMPLY WITH SUBSECTION
(1) OR (2) OF THIS SECTION, THE COMPLAINT
MAY BE RESUBMITTED
.
(4) Review - attorney general - hearing and findings -
administrative law judge. (a) U
PON RECEIPT OF A COMPLAINT REFERRED
BY THE SECRETARY OF STATE IN ACCORDANCE WITH SUBSECTION
(3)(a) OF
THIS SECTION
, THE ATTORNEY GENERAL SHALL REVIEW THE COMPLAINT AND
DETERMINE WHETHER THE COMPLAINT SHOULD BE INVESTIGATED
. IF THE
ATTORNEY GENERAL DETERMINES THAT THE COMPLAINT SHOULD BE
INVESTIGATED
, THE ATTORNEY GENERAL:
(I) S
HALL MAIL A WRITTEN NOTICE AND DEMAND TO THE STREET
ADDRESS OR MAILING ADDRESS
, IF DIFFERENT FROM THE STREET ADDRESS,
AS WELL AS TO THE E-MAIL ADDRESS, IF AVAILABLE, OF THE REGISTERED
AGENT OF RECORD LISTED IN THE SECRETARY OF STATE
'S ONLINE FILING
SYSTEM FOR THE ENTITY AT ISSUE
, AND, IF A TELEPHONE NUMBER IS
AVAILABLE
, THE ATTORNEY GENERAL SHALL CONTACT THE REGISTERED
AGENT BY TELEPHONE
; AND
(II) MAY PROVIDE WRITTEN OR VERBAL NOTICE AND DEMAND TO
ANY OTHER POINT OF CONTACT THAT THE ATTORNEY GENERAL DETERMINES
THROUGH INVESTIGATION TO BE A MEANS BY WHICH TO REACH THE ENTITY
PAGE 4-SENATE BILL 22-034 AT ISSUE.
(b) T
HE ATTORNEY GENERAL'S NOTICE AND DEMAND MUST NOTIFY
THE ENTITY AT ISSUE OF THE ALLEGATIONS IN THE COMPLAINT AND DEMAND
THAT THE ENTITY RESPOND TO THE COMPLAINT BY A DATE CERTAIN
, WHICH
RESPONSE MUST INCLUDE THE INFORMATION DESCRIBED IN SUBSECTION
(4)(c) OF THIS SECTION.
(c) A
PERSON TO WHOM THE ATTORNEY GENERAL SENDS A NOTICE
AND DEMAND
, OR THE PERSON'S AGENT, SHALL RESPOND TO THE NOTICE AND
DEMAND WITHIN TWENTY
-ONE DAYS AFTER THE WRITTEN NOTICE AND
DEMAND IS MAILED
. THE RESPONSE MUST INCLUDE THE FOLLOWING
INFORMATION
:
(I) T
HE NAME; STREET ADDRESS; TELEPHONE NUMBER ; E-MAIL
ADDRESS
, IF AVAILABLE; AND ANY ADDITIONAL CONTACT INFORMATION OF
THE PERSON RESPONDING TO THE NOTICE AND DEMAND AND
, IF THE
RESPONDING PERSON IS AN AGENT OF THE PERSON TO WHOM THE NOTICE AND
DEMAND IS SENT
, ANY SUPPORTING DOCUMENTS , INCLUDING ANY
REGISTERED AGENT INFORMATION
, THAT ESTABLISH THE AGENT 'S
AUTHORITY TO ACT ON THE PERSON
'S BEHALF;
(II) T
HE NAME OF THE ENTITY AT ISSUE;
(III) I
NFORMATION, IF KNOWN, IDENTIFYING EACH PERSON INVOLVED
IN THE ALLEGED VIOLATION OF SUBSECTION
(1) OF THIS SECTION, INCLUDING
NAMES
, STREET ADDRESSES, TELEPHONE NUMBERS, WEBSITES, AND E-MAIL
ADDRESSES
;
(IV) I
NFORMATION IDENTIFYING THE NATURE OF ANY BUSINESS OR
PERSONAL RELATIONSHIP BETWEEN THE PERSON THAT SUBMITTED THE
COMPLAINT AND EACH PERSON INVOLVED IN THE ALLEGED VIOLATION OF
SUBSECTION
(1) OF THIS SECTION; EXCEPT THAT THIS SUBSECTION (4)(c)(IV)
DOES NOT REQUIRE THE DISCLOSURE OF PRIVILEGED INFORMATION ;
(V) A
STATEMENT BY THE ENTITY AT ISSUE RESPONDING TO THE
NOTICE AND DEMAND THAT AFFIRMS OR DENIES HAVING KNOWLEDGE OF OR
INFORMATION ABOUT THE ALLEGED VIOLATION OF SUBSECTION
(1) OF THIS
SECTION
;
PAGE 5-SENATE BILL 22-034 (VI) MATERIAL EVIDENCE OF WRITTEN CONSENT TO USE THE NAME
OR ADDRESS IN THE FILING AT ISSUE
;
(VII) A
STATEMENT BY THE PERSON RESPONDING TO THE NOTICE
AND DEMAND
, UNDER PENALTY OF PERJURY PURSUANT TO SECTION
7-90-301.5, THAT THE PERSON BELIEVES IN GOOD FAITH THAT THE FACTS
STATED IN THE RESPONSE ARE TRUE AND THAT THE RESPONSE COMPLIES
WITH THE REQUIREMENTS OF THIS PART
3, THE CONSTITUENT DOCUMENTS ,
AND THE ORGANIC STATUTES; AND
(VIII) ANY ADDITIONAL INFORMATION THAT THE PERSON
RESPONDING TO THE NOTICE AND DEMAND BELIEVES MAY BE USEFUL IN AN
INVESTIGATION OF THE COMPLAINT
.
(d) A
LL INFORMATION RECEIVED BY THE ATTORNEY GENERAL UNDER
THIS SECTION IS GOVERNED BY SECTION
6-1-111 (2).
(e) I
F, WITHIN TWENTY-ONE DAYS AFTER MAILING A NOTICE AND
DEMAND
, THE ATTORNEY GENERAL DOES NOT RECEIVE A RESPONSE IN
WRITING OR OTHERWISE
, THE ATTORNEY GENERAL SHALL SEND A SECOND
NOTICE AND DEMAND
, CONSISTENT WITH THE REQUIREMENTS OF THIS
SUBSECTION
(4), AND ALLOW TWENTY-ONE DAYS FOR A RESPONSE, WHICH
MUST COMPLY WITH SUBSECTION
(4)(c) OF THIS SECTION.
(f) I
F THE ATTORNEY GENERAL DOES NOT RECEIVE A RESPONSE
WITHIN TWENTY
-ONE DAYS AFTER MAILING A SECOND NOTICE AND DEMAND
AS DESCRIBED IN SUBSECTION
(4)(e) OF THIS SECTION, EACH ALLEGATION IN
THE NOTICE AND DEMAND IS DEEMED CONCEDED BY THE PERSON THAT DID
NOT RESPOND
, AND THE ATTORNEY GENERAL MAY CERTIFY THAT FACT TO
THE SECRETARY OF STATE
. UPON RECEIVING THE CERTIFICATION , THE
SECRETARY OF STATE SHALL TAKE THE APPROPRIATE REMEDIAL ACTION
UNDER SUBSECTIONS
(4)(g)(V) AND (4)(g)(VI) OF THIS SECTION BASED ON
THE FACTS CONCEDED TO IN THE NOTICE AND DEMAND
.
(g) (I) A
REQUEST IS TIMELY IF RECEIPT OF A RESPONSE AND A
REQUEST FOR A HEARING ON ANY ISSUE RAISED BY THE NOTICE AND DEMAND
IS MADE WITHIN TWENTY
-ONE DAYS AFTER THE NOTICE AND DEMAND IS
MAILED
. IF A PERSON TIMELY REQUESTS A HEARING , THE ATTORNEY
GENERAL MAY REFER THE COMPLAINT TO AN ADMINISTRATIVE LAW JUDGE
.
PAGE 6-SENATE BILL 22-034 (II) IF THE ATTORNEY GENERAL REFERS THE COMPLAINT TO AN
ADMINISTRATIVE LAW JUDGE
, THE ATTORNEY GENERAL SHALL PROSECUTE
THE MATTER BEFORE THE ADMINISTRATIVE LAW JUDGE
. IF THE ATTORNEY
GENERAL DOES NOT REFER THE COMPLAINT TO AN ADMINISTRATIVE LAW
JUDGE WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE ATTORNEY GENERAL
RECEIVES THE RESPONSE TO THE NOTICE AND DEMAND
, THE ATTORNEY
GENERAL IS DEEMED TO HAVE DETERMINED TO NOT PROCEED WITH
PROSECUTING THE COMPLAINT
.
(III) T
HE ADMINISTRATIVE LAW JUDGE SHALL HOLD A HEARING
WITHIN SIXTY DAYS AFTER THE ATTORNEY GENERAL REFERS A COMPLAINT
AND SHALL RENDER A DECISION WITHIN FIFTEEN DAYS AFTER THE HEARING
.
T
HE ADMINISTRATIVE LAW JUDGE MAY GRANT THE ATTORNEY GENERAL OR
THE PERSON REQUESTING A HEARING AN EXTENSION OF UP TO THIRTY DAYS
UPON A MOTION
. THE ADMINISTRATIVE LAW JUDGE MAY GRANT THE
ATTORNEY GENERAL OR THE PERSON REQUESTING A HEARING AN EXTENSION
OF LONGER THAN THIRTY DAYS UPON A SHOWING OF GOOD CAUSE
.
(IV) I
F THE ADMINISTRATIVE LAW JUDGE FINDS THAT SUBSECTION (1)
OF THIS SECTION HAS BEEN VIOLATED , THE ADMINISTRATIVE LAW JUDGE
SHALL MAKE AN ADDITIONAL FINDING AS TO WHETHER
:
(A) A
N ENTITY WAS CREATED WITHOUT AUTHORIZATION OR FOR
FRAUDULENT PURPOSES
; OR
(B) AN UNAUTHORIZED FILING WAS MADE .
(V) I
F THE ADMINISTRATIVE LAW JUDGE FINDS THAT , OR IF A
CONCEDED NOTICE AND DEMAND SETS FORTH THAT
, AN ENTITY WAS
CREATED WITHOUT AUTHORIZATION OR FOR FRAUDULENT PURPOSES
, THE
ATTORNEY GENERAL SHALL NOTIFY THE SECRETARY OF STATE
, WHO SHALL:
(A) M
ARK THE BUSINESS RECORD WITH A NOTICE THAT THE ENTITY
IS UNAUTHORIZED OR FRAUDULENT
;
(B) R
EDACT EACH ADDRESS AND NAME THAT WAS USED WITHOUT
AUTHORIZATION FROM THE ENTITY
'S FILING AND FROM ANY OTHER
RELEVANT FILINGS
; AND
(C) DISABLE ADDITIONAL FILING FUNCTIONALITY ON THE ENTITY 'S
PAGE 7-SENATE BILL 22-034 RECORDS.
(VI) I
F THE ADMINISTRATIVE LAW JUDGE FINDS THAT , OR IF A
CONCEDED NOTICE AND DEMAND SETS FORTH THAT
, AN UNAUTHORIZED
FILING WAS MADE FOR A LEGITIMATE ENTITY
, THE ATTORNEY GENERAL
SHALL NOTIFY THE SECRETARY OF STATE
, WHO SHALL:
(A) M
ARK EACH UNAUTHORIZED FILING FOR THE ENTITY TO NOTIFY
THE PUBLIC THAT THE FILING IS UNAUTHORIZED
;
(B) R
EDACT EACH ADDRESS AND NAME THAT WAS USED WITHOUT
AUTHORIZATION FROM THE ENTITY
'S FILING AND FROM THE RELEVANT
FILINGS
; AND
(C) MARK THE BUSINESS RECORD TO NOTIFY THE PUBLIC THAT THE
ENTITY HAS BEEN THE VICTIM OF FRAUDULENT OR UNAUTHORIZED ACTS
.
(VII) T
HE DECISION OF THE ADMINISTRATIVE LAW JUDGE IS FINAL
AND SUBJECT TO REVIEW BY THE COURT OF APPEALS UNDER SECTION
24-4-106 (11). THE SECRETARY OF STATE AND THE ADMINISTRATIVE LAW
JUDGE ARE NOT NECESSARY PARTIES TO THE REVIEW
.
(h) T
HE ATTORNEY GENERAL SHALL COMMUNICATE THE FINDING
MADE BY THE ADMINISTRATIVE LAW JUDGE IN ACCORDANCE WITH
SUBSECTION
(4)(g)(IV) OF THIS SECTION TO:
(I) T
HE PERSON WHO SUBMITTED THE COMPLAINT , USING THE E-MAIL
ADDRESS PROVIDED ON THE COMPLAINT FORM OR
, IF AN E-MAIL ADDRESS
WAS NOT PROVIDED
, USING THE MAILING ADDRESS PROVIDED ON THE
COMPLAINT FORM
; AND
(II) EACH ENTITY AT ISSUE, USING REGISTERED MAIL ADDRESSED TO
THE STREET ADDRESS OR MAILING ADDRESS
, IF DIFFERENT, OF THE
REGISTERED AGENT OF RECORD FOR THE ENTITY LISTED IN THE SECRETARY
OF STATE
'S ONLINE FILING SYSTEM AND TO THE E-MAIL ADDRESS LISTED, IF
PROVIDED
; AND
(III) THE SECRETARY OF STATE.
(5) A
VIOLATION OF SUBSECTION (1) OF THIS SECTION IS A DECEPTIVE
PAGE 8-SENATE BILL 22-034 TRADE PRACTICE UNDER SECTION 6-1-105 (1)(ppp) AND IS SUBJECT TO
ENFORCEMENT BY THE DEPARTMENT OF LAW IN ADDITION TO THE
ENFORCEMENT DESCRIBED IN THIS SECTION
. A DETERMINATION BY THE
ADMINISTRATIVE LAW JUDGE AS PROVIDED BY SUBSECTION
(4)(g)(IV) OF
THIS SECTION OR A FAILURE TO TIMELY RESPOND TO A NOTICE AND DEMAND
AS PROVIDED BY SUBSECTION
(4)(f) OF THIS SECTION CONSTITUTES A PRIMA
FACIE SHOWING THAT SUBSECTION
(1) OF THIS SECTION WAS VIOLATED.
7-90-315. Working group - report - repeal. (1) T
HE WORKING
GROUP TO STUDY MEASURES TO COUNTERACT FRAUDULENT FILINGS IN THE
ONLINE BUSINESS FILING SYSTEM
, REFERRED TO IN THIS SECTION AS THE
"WORKING GROUP", IS HEREBY CREATED TO STUDY POTENTIAL MEASURES TO
COUNTERACT AND PREVENT FRAUDULENT FILINGS IN THE ONLINE BUSINESS
FILING SYSTEM
. THE SECRETARY OF STATE'S DESIGNEE SHALL CONVENE THE
WORKING GROUP BY
SEPTEMBER 15, 2022.
(2) (a) T
HE WORKING GROUP CONSISTS OF :
(I) T
HE SECRETARY OF STATE'S DESIGNEE;
(II) T
WO REPRESENTATIVES OF THE SECRETARY OF STATE 'S OFFICE
WITH FAMILIARITY WITH THE ONLINE BUSINESS FILING SYSTEM
, APPOINTED
BY THE SECRETARY OF STATE
;
(III) A
REPRESENTATIVE FROM THE ATTORNEY GENERAL 'S OFFICE,
APPOINTED BY THE ATTORNEY GENERAL ;
(IV) A
REPRESENTATIVE FROM THE COLORADO BUREAU OF
INVESTIGATION
, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF PUBLIC SAFETY
;
(V) A
REPRESENTATIVE OF THE DEPARTMENT OF HOMELAND
SECURITY
, APPOINTED BY THE SPEAKER OF THE COLORADO HOUSE OF
REPRESENTATIVES
;
(VI) T
WO REPRESENTATIVES FROM STATE OR LOCAL BUSINESS
ASSOCIATIONS OR CHAMBERS OF COMMERCE
, APPOINTED BY THE PRESIDENT
OF THE
COLORADO SENATE;
(VII) A
REPRESENTATIVE OF AN ECONOMIC DEVELOPMENT
PAGE 9-SENATE BILL 22-034 ORGANIZATION, APPOINTED BY THE SPEAKER OF THE COLORADO HOUSE OF
REPRESENTATIVES
;
(VIII) A
REPRESENTATIVE OF THE COLORADO BAR ASSOCIATION
WITH EXPERTISE IN BUSINESS LAW
, APPOINTED BY THE COLORADO BAR
ASSOCIATION
; AND
(IX) A MEMBER OF THE PUBLIC WHO IS A BUSINESS OWNER ,
PREFERABLY WHO HAS BEEN THE VICTIM OF A FRAUDULENT BUSINESS FILING ,
APPOINTED BY THE SECRETARY OF STATE .
(b) T
HE SECRETARY OF STATE 'S DESIGNEE MAY ALSO INVITE
ADDITIONAL REPRESENTATIVES TO ATTEND WORKING GROUP M EETINGS AND
PARTICIPATE AS NONVOTING MEMBERS
.
(3) T
HE WORKING GROUP SHALL SUBMIT A REPORT TO THE GENERAL
ASSEMBLY BY
JANUARY 31, 2023, CONTAINING POTENTIAL LEGISLATIVE
PROVISIONS TO COUNTERACT AND PREVENT FRAUDULENT FILINGS
, AS WELL
AS THE COSTS AND BENEFITS ASSOCIATED WITH EACH POTENTIAL
LEGISLATIVE PROVISION
. THE REPORT MAY INCLUDE SPECIFIC
RECOMMENDATIONS TO THE GENERAL ASSEMBLY
.
(4) E
XCEPT FOR COMPENSATION DRAWN AS A PART OF NORMAL
EMPLOYMENT
, MEMBERS OF THE WORKING GROUP DO NOT RECEIVE
COMPENSATION FOR PARTICIPATION IN THE WORKING GROUP
.
(5) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.
SECTION 2. In Colorado Revised Statutes, 6-1-105, add (1)(ppp)
as follows:
6-1-105. Unfair or deceptive trade practices. (1) A person
engages in a deceptive trade practice when, in the course of the person's
business, vocation, or occupation, the person:
(ppp) V
IOLATES SECTION 7-90-314 (1).
SECTION 3. Act subject to petition - effective date -
applicability. (1) This act takes effect February 1, 2023; except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
PAGE 10-SENATE BILL 22-034 constitution against this act or an item, section, or part of this act within the
ninety-day period after final adjournment of the general assembly, then the
act, item, section, or part will not take effect unless approved by the people
at the general election to be held in November 2022 and, in such case, will
take effect February 1, 2023, or on the date of the official declaration of the
vote thereon by the governor, whichever is later.
(2) This act applies to complaints submitted and offenses committed
on or after the applicable effective date of this act.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 11-SENATE BILL 22-034