HB 1426 — Department of Law Legislative Report

Section 104 implements this recommendation.

The final recommendation is to establish a new procurement framework for the DOL to allow it to meet its demands and fulfill its statutory duties.

Sections 93 and 94 implement this recommendation.

Sections 13, 18, 20, 23, and 28 make necessary conforming amendments.

(1) T HE ATTORNEY GENERAL ,OR THE ATTORNEY GENERAL S'S DESIGNEE ,,MAYNOTIFYTHEJOINTBUDGETCOMMITTEETHATANEXECUTIVE MAY NOTIFY THE JOINT BUDGET COMMITTEE THAT AN -3- 1426 EXECUTIVE SESSION IS REQUESTED TO DISCUSS POTENTIAL BUDGETARY IMPACTS OF CURRENT LITIGATIO.LITIGATION .

(2)________ THECapital JOINTletters BUDGETor COMMITTEEbold MAY& MEETitalic WITHnumbers THEindicate ATTORNEYnew GENERALmaterial ,ORadded THEto ATTORNEYexisting GENERALlaw; S DESIGNEE,IN AN EXECUTIVE SESSION TO DISCUSS POTENTIAL BUDGETARY IMPACTS OF CURRENT LITIGATION.

HEdashes PROVISIONSthrough OFwords SECTION24-6-402APPLYor TOnumbers THEindicate EXECUTIVEdeletions SESSION,from BUTexisting THElaw COMMITTEEand ISsuch NOTmaterial REQUIREDis TOnot IDENTIFYpart Aof CASEthe TOact. BE DISCUSSED IN THE ANNOUNCEMENT FOR THE EXECUTIVE SESSION.

(3)(2) INTHE PREPARINGJOINT INFORMATIONBUDGET INCOMMITTEE ACCORDANCEMAYMEET WITH SUBSECTIONTHE (1)ORATTORNEY (2OFGENERAL THIS, SECTIO,THEOR DEPARTMENTTHE OFATTORNEY LAWGENERAL MAY'S CONSULTDESIGNEE, WITHIN LEGISLATIVEAN COUNCILEXECUTIVE STAFFSESSION ANDTO THEDISCUSS OFFICEPOTENTIAL OFBUDGETARY LEGISLATIVEIMPACTS LEGALOF SERVICE.CURRENT LITIGATION.

(4)THE ADOCUMENTPROVISIONS PREPAREDOF PURSUANTSECTION 24-6-402 APPLY TO THISTHE SECTIONEXECUTIVE SESSION ,BUT THE COMMITTEE IS NOT AREQUIRED PUBLICRECORDFORPURPOSESOFTHETO "CIDENTIFY OLORADOA OPENCASE RECORDSTO ABE CT",DISCUSSED PARTIN 2OFTHE ARTICLE72ANNOUNCEMENT OFFOR TITL24.THE EXECUTIVE SESSION.

(3) IPREPARINGINFORMATIONINACCORDANCE WITHSUBSECTION (1)OR (2)OF THIS SECTIO,THE DEPARTMENT OF LAW MAY CONSULT WITH LEGISLATIVE COUNCIL STAFF AND THE OFFICE OF LEGISLATIVE LEGAL SERVICES.

(4) A DOCUMENT PREPARED PURSUANT TO THIS SECTION IS NOT A PUBLIC RECORD FOR PURPOSES OF THE "C OLORADO OPEN R ECORDS A CT", PART 2 OF ARTICLE72 OF TITLE24.

(23.5) (a) The following statutorystatutoryauthorizations authorizations for the designated advisory committees will repeal on September 1, 2032:

(III) TETHE ADVISORY COUNCILFORDEBTCOUNCIL FOR DEBT COLLECTION CREATED IN SECTION 5-16-134.7;

(IV) T HE COLORADOC OLORADO CONSUMER PROTECTION ACT ADVISORY COUNCIL CREATED IN SECTION6-1-117;SECTION 6-1-117;

(V) THET COLORADOHEC OLORADO PRIVACY ACT ADVISORY COUNCIL CREATED -4- 1426 IN SECTION6-1-1315;SECTION 6-1-1315;

(VI) THE COUNCILCOUNCILOF OF ADVISORS ON CONSUMER CREDIT CREATED IN SECTION5-6-301.SECTION 5-6-301.

PAGE 2-HOUSE BILL 26-1426 5-3-210.

A consumer credit transaction regulated by this code shall not be deniedanyperson,norshalltermsandconditionsbemademorestringent,denied anyperson, nor shall terms and conditions be made more stringent, on the basis of discrimination, solely because ofity,ofsability, race, creed, religion,color,sex,sexualorientation,genderidentity,genderexpression,religion, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry.

This section does not applytoapply anyto consumeranyconsumercredittransactionmadeordeniedbyaseller,lessor,orlender creditwhose transactiontotal madeoriginal orunpaid deniedbalances byarising afrom seller,consumer lessor,credit ortransactionsforthepreviouscalendaryeararelessthanonemilliondollars. lenderwhosetotaloriginalunpaidbalancesarisingfromconsumercredit transactions for the previous calendar year are less than one million dollars.

THISPARTHIS 3ISREPEALED,EFFECTIVESPART EPTEMBER3IS 1,2032.BEFOREREPEALED THE,EFFECTIVE REPEALSEPTEMBER ,THE1, COUNCIL2032. OF ADVISORS ON CONSUMER CREDIT IS SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION2-3-1203.

SECTION5.EFORE T THE REPEAL , THE COUNCIL OF ADVISORS ON CONSUMER CREDIT IS SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 2-3-1203.

InColoradoRevisedStatutes,5-12-102,add(5)(c)SECTION as5. follows:

In Colorado Revised Statutes, 5-12-102, add (5)(c) as follows:

(5) (c) O N OR BEFOREDECEMBERBEFORE 31,2026,THED ADMINISTRATORECEMBER DESIGNATEDINSECTION31, 5-6-103SHALLADOPTRULESORISSUEGUIDANCE2026, -5-THE 1426ADMINISTRATOR CLARIFYINGDESIGNATED THEIN APPLICATIONSECTION OF5-6-103 THISSHALL SUBSECTIONADOPT (5)RULES TOOR CONSUMERISSUE CREDITGUIDANCE CLARIFYINGTHEAPPLICATIONOFTHISSUBSECTION (5TOCONSUMERCREDIT TRANSACTIONS FOR MEDICAL DEBT .

(1) THEADVISORYCOUNCILFORDEBTCOLLECTION ,REFERREDTO,REFERREDTOIN INTHISSECTIONASTHE THIS"ADVISORYCOUNCIL SECTION",ISCREATEDINTHEDEPARTMENT ASOFLAW THE.THE "ADVISORYADVISORYCOUNCILCONSISTSOFTHREE COUNCILMEMBERS ",APPOINTED ISBY CREATED IN THE DEPARTMENTATTORNEY OFGENERAL LAWAS .FOLLOWS :

THEPAGE ADVISORY3-HOUSE COUNCILBILL CONSISTS26-1426 OF(a) THREEONE MEMBERSMEMBER APPOINTEDREPRESENTING BYA THEDEBT ATTORNEYCOLLECTION GENERALAGENCY ASOR FOLLOWSA :STATEWIDE ORGANIZATION REPRESENTING DEBT COLLECTORS ;

(a)(b) ONEO NE MEMBER REPRESENTING A CONSUMER ADVOCACY ORGANIZATION RELATED TO DEBT COLLECTION AGENCYOROR ALENDING STATEWIDE;AND ORGANIZATION(c) REPRESENTINGONE DEBTMEMBER COLLECTORSOF ;THE PUBLIC .

(b)(2) ONETHEMEMBERSOFTHEADVISORYCOUNCILSHALLELECTACHAIR MEMBERAND REPRESENTINGVICE A-CHAIR CONSUMERFROM ADVOCACYAMONG ORGANIZATIONTHE RELATEDADVISORY COUNCIL MEMBERS APPOINTED PURSUANT TO DEBTSUBSECTION COLLECTION(1)OF ORTHIS LENDINGSECTION ;AND, (c)WHICH ONEPRESIDING MEMBEROFFICERS SHALL SERVE TERMS OF THETWO PUBLICYEARS .

(2) T HE MEMBERS OF THE ADVISORY COUNCIL SHALL ELECT A CHAIRDVISORY AND VICE-CHAIR FROM AMONG THE ADVISORY COUNCIL MEMBERS APPOINTEDMAY PURSUANTREELECT TOA SUBSECTION (1) OF THIS SECTION,WHICH PRESIDING OFFICERSOFFICER SHALL SERVE TERMS OF TWO YEARS .

(3) (a) EACH MEMBER OF THE ADVISORY COUNCIL MEMBERSSERVES MAYAT REELECTTHE PLEASURE OF THE ATTORNEY GENERAL FOR A PRESIDINGTERM OFFICEROF .THREE YEARS ;

(3) (a) ECH MEMBER OFTHE ADVISORY COUNCIL SERVES AT THE PLEASURE OF THE ATTORNEY GENERAL FOR A TERM OF THREE YEARS ;

(I) THET HE INITIAL MEMBER APPOINTED PURSUANT TO SUBSECTION (1)(a)OF THIS SECTION SHALL SERVE A TERM OF ONE YE;ANDYEAR;AND (II) THE INITIAL MEMBER APPOINTED PURSUANT TO SUBSECTION (1)(b)OF THIS SECTION SHALL SERVE A TERM OF TWO YEAR.YEARS.

-6-(b) 1426THE (b)ATTORNEY THEATTORNEYGENERALMAYREAPPOINTAMEMBERTOSERVEGENERAL MAY REAPPOINT A MEMBER TO SERVE NO MORE THAN THREE TERMS .

(c) MEMBERSOFTHEADVISORYCOUNCILMAYBEREIMBURSEDBYM EMBERS OF THE ADVISORY COUNCIL MAY BE REIMBURSED BY THE DEPARTMENT OF LAW FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE CONDUCT OF OFFICIAL BUSINES.BUSINESS.

(4) TTHEADVISORYCOUNCILSHALLMEETATLEASTTWOTIMESEACH HE ADVISORY COUNCIL SHALL MEET AT LEAST TWO TIMES EACH YEAR TO DISCUSS CURRENT ISSUES IN DEBT COLLECTION AND ANY ISSUESASSIGNEDTOTHEADVISORYCOUNCILBYTHEATTORNEYGENERALISSUES ASSIGNED TO THE ADVISORY COUNCIL BY THE ATTORNEY GENERAL FOR DISCUSSION.

(5) T HIS SECTION IS REPEALE,EFFECTIVESEPTEMBERREPEALED, EFFECTIVE SEPTEMBER 1, 2032.

BBEFORETHEREPEAL EFORE,THEADVISORYCOUNCILISSCHEDULEDFORREVIEWIN THE REPEAL,THE ADVISORYCOUNCILISSCHEDULEDFORREVIEW IN ACCORDANCE WITH SECTION 2-3-1203.

PAGE 4-HOUSE BILL 26-1426 SECTION 7.

(1) "Advertisement""Advertisement"includesthe includesMEANSAN theattemptbypublication, MEANSdissemination,solicitation,orcirculation,WHETHER ANvisual,oral,orwritten, attemptto byinduce publication,directly dissemination, solicitation, or circulation,isual,indirectly oral,any orperson written, to induce directlyor indirAcperson to enter into any obligationobligationA TRANSACTION or to acquire aAtitleanyA title oAN interest in any property.

as distinguished from (b) "ARTICLE""A RTICLE " DOES NOT MEAN a trademark, label, or distinctive dress in packaging.

(2.5)(3)(2.5) (3) "Business day" means any calendar day except Sunday, New Year's day, the third MondayinMonday Januaryobservedin January observed as the birthdayofbirthday of Dr.

Martin Luther King, Jr., Washington-LincolnPRESIDENTS'Washington-Lincoln P RESIDENTS ' day, -7-Memorial 1426day, Memorialday,Juneteenth,Independenceday,Laborday,FrancesXavierJuneteenth, Independence day, Labor day, Frances Xavier Cabrini day, Veterans' day, Thanksgiving, and Christmas.

(3)(5)(3) (5) "Certification mark" means a mark THAT IS used in connection with the goods or services of a person other than the certifier INORDER ORDERtoto indicate:

or to indicate (b) ThattheworkorlaboronthegoodsorserviceswasperformedThat the work or labor on the goods or services was performed by members of a union or other organization.

(4)(6)(4) (6) "Collective mark" means a mark used by members of a cooperative, association, or other collective group or organization to identifygoodsorservicesanddistinguishthemfromthoseidentify THEGOODSORgoods SERVICESofor services and distinguish them from those THE GOODS OR PAGE 5-HOUSE BILL 26-1426 SERVICES of others or to indicate membership in the collective group or organization.

(4.1)(7)(4.1) (7) "Dance studio" means any A person engaged in the advertisement or sale of dance studio services.

(4.2)(8)(4.2) (8) "Dance studio services" means instruction, training, or assistance in dancing;

the use of dancedancestudiofacilities;membershipinany studiogroup, facilities;club, or association formed by a dance studio;

membershipand participation in anydance group,competitions, club,dance orshowcases, associationtrips, formedtours, byparties, aand danceother studio;organized events and related travel arrangements.

and(4.3)(9) participationindancecompetitions,danceshowcases,trips,tours,parties,(a) and"Discount otherhealth organizedplan" eventsmeans anda program evidenced by amembershipagreement,contract,card,certificate,device,ormechanism, which PROGRAM offershealth-careservices,asdefinedinsection10-16-102 (33), C.R.S.,or related travelproducts, arrangements.including but not limited to, prescription drugs and medical equipment, at purported discounted rates from health-care providers advertised as participating in the program.

(4.3)(9)(b) (a)A "Discount health plan" meansdoes anot programinclude evidenced by a membershipprogram agreement, contract, card, certificate, device, or -8- 1426 mechanism, which PROGRAM offers health-care services, as defined in sectionwhich: 10-16-102 (33), C.R.S.,r related products, including but not limited to,prescription drugs and medical equipment, at purported discountedratesfromhealth-careprovidersadvertisedasparticipatingin the program.

(b)(I) A"Discounthealthplan"doesnotincludeaprograminwhich:A participating provider has agreed, as a condition of his or her THE PARTICIPATING PROVIDER 'S participation in the program, to negotiate the prices to be charged for his or her THE PARTICIPATING PROVIDER S services directly with consumers in the program;

(I)and Aparticipatingproviderhasagreed,asaconditionofhisorher(II) THEPARTICIPATINGPROVIDERThe 'Sparticipationintheprogram,tonegotiatePARTICIPATING theprovider pricesis not required to beoffer chargeddiscounted prices for his or herherHE PARTICIPATING PROVIDER S'Sservices servicesas directlypart withof consumers in the program;program.

and(4.4)(10) (II)"Elderly Theperson" PARTICIPATINGmeans providera isperson notsixty requiredyears toof offerage discountedOLD pricesor forolder. his orTHE PARTICIPATING PROVIDER 'Sservices as part of the program.

(4.4)(10)(4.5) "Elderlyperson"(11) meansapersonsixtyyearsof"Food" agemeans OLDany raw, cooked, or older.processed edible substance, beverage, or ingredient used or intended for use or for sale in whole or part for human consumption.

(4.5)(11)(4.6) "Food"(12) (a) "Health club" means anyan raw,establishment cooked,which orTHAT processedprovideshealthclubservicesor edibleHEALTHCLUB substance,facilitieswhich beverage,THAT orpurport ingredientto usedimprove or intendedmaintain forthe useA oruser's forphysical salecondition inor wholeappearance orPAGE part6-HOUSE forBILL human26-1426 consumption.through exercise.

(4.6)(12)The (a)term "Healthmay club"include, meansbut anshall establishmentnot whiTHATbe provideslimited healthto, club(b) services"H orEALTHEALTH CLUB facilities"INCLUDES whichTHATa purportspa,AN toexercise improveclub,AN orexercise maintaingym, the A user'shealth physicalstudio, condition or appearanceplaying throughcourtAND exercise.A PLAYING COURT .

The(c) termThetermshallnotapplytoanyof maythefollowing include, but shall not be limited to, (b) "HEALTHCLUB "INCLUDES" aspa,DOES ANexerciseclub,ANNOT exerciseINCLUDE gym,: A health studio, or playing coAND A PLAYING COURT .

(c)(a)(I) TheAny termA shallN notestablishment applyoperated toby anya ofnonprofit theorganization followingor EALTHpublic CLUB"or DOESprivate NOTschool, INCLUDEcollege, :or university;

-9-(b)(II) 1426AnyA (a)(I)N AnyAestablishment Nestablishmentoperatedbyanonprofitorganizationoperated orbythe publicfederal orgovernment, privatethe school,state college,of Colorado, or university;any of the state's political subdivisions;

(b)(II)(c)(III) AnyANAnyA establishmentoperatedbythefederalgovernment,Nestablishment thewhich stateTHAT ofdoes Colorado,not orprovide anyhealth ofclub theservices state'sorHEALTH politicalCLUB subdivisions;facilities as its primarypurpose or business;

(c)(III)or Any(d)(IV) AHealth-carefacilitiesA NHEALTH establishment-CAREFACILITY whichlicensedor THATcertifiedbythedepartmentofpublichealthandenvironmentpursuanttoits doesauthority notunder providesection health25-1.5-103. club services orLTH CLUB facilities as its primary purpose or business;

or (d)(IV) Health-care facilitieHEALTH -CARE FACILITYlicensed or certified bythe department of public health and environment pursuant to its authority under section 25-1.5-103.

(4.7)(13)(4.7) (13) "Health club facilities" means equipment, physical structures, and other tangible property utUSEDebyutilizedSED by a health club to conduct its business.

The term may include, but shall not be limited to, "HEALTH"H CLUBEALTHCLUBFACILITIES FACILITIES""INCLUDES INCLUDESsaunas,whirlpoolbaths,gymnasiums, saunas,runningtracks,playingcourts,swimmingpools,showerareas,andexercise whirlpool baths, gymnasiums, running tracks, playing courts, swimming pools, shower areas, and exercise equipment.

(4.8)(14)(4.8) (14) "Health club services" means services, privileges, or rights offered for sale or provided by a health club.

(4.9)(15) "Manufacturedhome"shallhave"Manufactured home" shall have HAS thesamemeaningthe assetsame meaning as set forth in section 42-1-102 (48.8).

(5)(16)(5) (16) "Mark" means a word, name, symbol, device, or any combination thereof in any form or arrangement.

(6)(18)PAGE 7-HOUSE BILL 26-1426 (6) (18) "Person" means an individuaA,corporationAindividual, A corporation, A business trust,Ntrust,AN estateAestate,A trustAtrust,A partnershipANpartnership, AN unincorporated association, or two or more thereof having a joint or common interest or anyother legal -10- 1426 or commercial entity.

(7)(7)(19) (19)"Promotingapyramidpromotionalscheme"meansinducing "PromotingOR aATTEMPTING pyramidTO promotionalINDUCE scheme"one meansor inducingORATTEMPTINGTOINDUCEmore oneormoreotherpersonstobecomeother participantspersons orto attemptingbecome toparticipantsorattemptingtosoinduce soIN,orassistinganotherinpromoting induceIN,PERSON orTO assistingPROMOTE another, ina promotingPERSONTOPROMOTEpyramid ,apyramidpromotionalschemebymeanspromotional scheme by means of references or otherwise.

(8)(20)(8) (20) "Property" means:

orDorAND (d) Services.

(9)(21)(9) (21) (a) "Pyramid promotional scheme" means any program utilizingSINGutilizingUSING a pyramid or chain process by which a participant in the program gives a valuable consideration in excess of fifty dollars for the opportunity or right to receive compensation or other things of value in return for inducing other persons to become participants for the purpose of gaining new participants in the program.

(b) "PYRAMID"PYRAMIDPROMOTIONALSCHEME PROMOTIONAL"DOESNOTINCLUDE SCHEME " DOES NOT INCLUDE ordinary sales of goods or services to persons who THAT are not purchasing in order to participate in suchhemesucha scheme are not within this definitionESCRIBEDdefinitionDESCRIBED IN SUBSECTION (21)(aOF(21)(a) OF THIS SECTION.SECTION .

(9.5)(22) "Resale time share" means a time share, including all orsubstantiallyallownership,rights,orinterestsassociatedwiththetimeor substantially all ownership, rights, or interests associated with the time share:

and PAGE 8-HOUSE BILL 26-1426 (b) (I) That is owned by a Colorado resident;

or -11- 1426 (II) TheTheaccommodationsandotherfacilitiesof accommodationswhichareavailable and other facilities of which are available for use through the time share and are primarily located in Colorado.

(10)(23)(10) "Sale"meansany(23) "Sale" means any A saleANsale,AN offerforsale,orANoffer for sale, oAN attempt to sell anyproduct,anyA product, good, or property for any consideration.

(11)(24)(11) (24) "Service mark" means a mark used bybya a person to identify services and totinguishto distinguish them from the services of others.

(11.5)(25)(11.5) (25) "Time share" means a time share estate, as defined in sectionsection38-33-110(5),atimeshareuse,asdefinedinsection12-10-501(4), 38-33-110 (5), a time share use, as defined in section 12-10-501 (4), or anyanycampgroundorrecreationalmembershipthat campground or recreational membership that does not constitute the transfer of an interest in real property.

(11.7) (a)26)(a)(26) (a) "Time share resale entity" meanAmeans any A person who THAT , either directly or indirectly, engages in a time share resale service.

(I) TheThedeveloper,associationoftimeshareowners,orotherperson developer,responsibleformanagingoroperatingtheplanorarrangementbywhichthe association of time share owners, or other personresponsibleformanagingoroperatingtheplanorarrangementby which the rights or interests associated with a resale time share are utilized, but only to the extent the resale time share is partpartof of an existing plan or arrangement managed by that developer, association, or person;

(II) Attorneys, title agents, title companies, or escrow companies providingA NNATTORNEY ATTORNEY,ATITLEAGENT ,A,ATITLECOMPANY TITLE,ORANESCROW AGENTCOMPANYTHATPROVIDES ,Aclosing,settlement,orothertransactionservices, TITLEas COMPANYSO ,ORlong ANas ESCROWthe COMPANYservices THATare PROVIDESprovided closing,in settlement,the ornormal other transactionservices,as longastheservicesareprovidedinthenormal course of business in supporting a conveyance of title or in issuing title insurance products in a time share resale transaction.

To the extent the -12- 1426 attorney, title agent, title company, or escrow companycompanyis is engaged in providing services or products that are outside the normal course of business in supporting a conveyance of title or in issuing title insurance products or has an affiliated business arrangement with a partypartyto to a time share resale transaction, this exemption PAGE 9-HOUSE BILL 26-1426 does not apply.

(III) A real estate brokersKERbrokers BROKER operating within the scope of activities specified in section 12-10-201 (6) with respect to a time share resale transaction SOasSO long as the real estate broker does not collect a fee inadvance.Totheextentarealestatebrokerisengagedinactivitiesoutside the scope of activities specified in advance.section 12-10-201 (6), collects an advancefee,orhasanaffiliatedbusinessarrangementwithapartytoatime share resale transaction, this exemption does not apply.

To(11.8) the(27) extent"Time ashare realresale estateservice" brokermeans isanyof engagedthe infollowing activitiesactivities,engagedindirectlyorindirectlyandforconsideration,regardless outsidethescopeofof activitiesspecifiedinsection12-10-201(6),collectswhether anperformed advancein fee,person, orby hasmail, anby affiliatedtelephone, businessor arrangementby withany aother partymodeofinternetorelectroniccommunication,unlessperformedbyaperson or entitythat, pursuant to aparagraph time(b) shareof resalesubsection transaction,(11.7) thisSUBSECTION exemption(26)(b) doesof notthis apply.section, is exempted:

(11.8)(a) (27)Thesale,rental,listing,oradvertisingof,oranoffertosell,rent, "Timelist, shareor resaleadvertise, service" means any ofresale thetime followingshare; activities, engaged in directly or indirectly and for consideration, regardless of whether performed in person, by mail, by telephone,orbyanyothermodeofinternetorelectroniccommunication, unless performed by a person or entityt, pursuant to paragraph (b) of subsection (11.7)UBSECTION (26)(b) of this section, is exempted:

(a) The sale, rental, listing, or advertising of, or an offer to sell, rent, list, or advertise, any resale time share;

(c) The transfer or offer to assist in the transfer of anyresaleany resale time share;

or (d) The invalidationFinvalidation ,OF, or an offer to invalidate, the purchase or ownership of anyanyresale resale time share or the purchase of anyanytime time share resale service.

(11.9) (a)28)(a) (28) (a) "Time share resale transfer agreement" means -13- 1426 a contract between a time share resale entity and the owner of a resale time share in which the time share resale entity agrees to transfer, or offers to assist in the transfer of, all or substantially all of the rights or interests in a resale time share on behalf of the owner of the resale time share.

(b) (I) "Time share resale transfer agreement" does not include a contractcontracttosell,rent,list,advertise,purchase,ortransferaresaletimeshare to sell, rent, list, advertise, purchase, or transfer a resale time share if the owner of the resale time share:

(A) Upon entering the contract, reasonably expects to receive PAGE 10-HOUSE BILL 26-1426 consideration in exchange for the resale time share;

(II) For purposes of this subsection (11.9)SUBSECTION(11.9) SUBSECTION (28), a transfertransferoftheresaletimesharedoesnot,byitself,constituteconsideration. of the resale time share does not, by itself, constitute consideration.

(12) (29) "Trademark" means a mark used byaby a person to identify goods and to distinguish them from the goods of others.

(13)(13)(30) (30)"Tradename"meansa "Trade name" means a word, name, symbol, OR device,device,or oranycombinationany combination thereof, in anyformorany form or arrangement usedbyapersonused by a person to identify hisHEhis THE PERSON S'S business, vocation, or occupation and to distinguish it from the business, vocation, or occupation of others.

(14)(14)(31) (31)"Usedmotorvehicle"shallhave "UsedHAS motorthesamemeaningas vehicle"set shall havHAS the same meaning asset forth in section 42-6-201 (8).

-14- 1426 6-1-104.

TheThedistrictattorneysmaycooperateinastatewidereportingsystem district attorneys may cooperate in a statewide reporting system by receiving, on forms provided by the attorney general, complaints from persons concerning deceptive trade practices listed in section 6-1-105 or part 7 or 13 ofhisof this article 1 and transmitting the complaints to the attorney general.

In Colorado Revised Statutes, 6-1-105, amend (1) introductoryintroductoryportion,(1)(f),(1)(g),(1)(m),(1)(p),(1)(z),and(1)(cccc);and portion,repeal (1)(f),(1)(x), (1)(g),(1)(cc), (1)(m),(1)(ll), (1)(p),(1)(mm), (1)(z),(1)(oo), (1)(rr), (1)(tt), (1)(ww), (1)(xx), (1)(zz), (1)(ccc), (1)(ddd), (1)(eee), (1)(fff), (1)(ggg), (1)(hhh), (1)(jjj), (1)(mmm), (1)(uuu), (1)(www), (1)(xxx), (1)(yyy), (1)(zzz), (1)(bbbb), (1)(dddd), and (1)(cccc);(1)(llll) as follows:

andPAGE repeal11-HOUSE (1)(x),BILL (1)(cc),26-1426 (1)(ll),6-1-105. (1)(mm), (1)(oo), (1)(rr), (1)(tt), (1)(ww), (1)(xx), (1)(zz), (1)(ccc), (1)(ddd), (1)(eee), (1)(fff), (1)(ggg), (1)(hhh), (1)(jjj), (1)(mmm), (1)(uuu), (1)(www), (1)(xxx), (1)(yyy), (1)(zzz), (1)(bbbb), (1)(dddd), and (1)(llll) as follows:

6-1-105.

(1) A person engages in aNa AN UNFAIR OR deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:

(f) Represents that goods are original or new if hePERSONhe THE PERSON knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;

(I) Goods, food, services, orpropertyare ISof aparticularstandard, quality, or propertygradeIF areISTHE ofPERSON aKNOWS particularOR standard,quality,orgradeFTHEPERSONKNOWSORSHOULDKNOWTHATSHOULD KNOW THAT THEY ARE OF ANOTHER STANDARD ,QUALITY ,OR GRADE ;

or that (II) GoodsGoodsareofaparticularstyleormodelifhe areTHEPERSON of a particular style or model if hePERSON knows or should know that they are of anotherLEanother STYLE OR MODEL ;

(m) FailstodeliverFails totheto customeratthetimeofdeliver aninstallmentto theA customer at the time of an installment sale of goods or services a written order, contract, or receipt setting forth -15-thenameandaddressoftheseller,thenameandaddressoftheorganization 1426 the name and address of the seller, the name and address of the organization which heAThe THAT THE PERSON represents, and all of the terms and conditions of the sale, including a description of the goods or services, stated in readable, clear, and unambiguous language;

(p) Solicitsdoor-to-doorasaseller,unlesstheseller,withinthirtySolicits door-to-door as a seller, unless the seller, within thirty seconds after beginning the conversation, identifies himself or herself THEMSELF ,whomheorshe,whomheorsherepresents representsTHEYREPRESENTTHEYREPRESENT ,andthepurpose,andthepurposeof of the caVISI;callVISIT;

(x) Violatessections6-1-203to6-1-206orpartViolates sections 6-1-203 to 6-1-206 or part 7 of thisarticle1;this article 1;

(z)(z)(I) (I)Refusesorfailstoobtainallgovernmentallicensesorpermits Refuses or fails to obtain all governmental licenses or permits required to perform the services or to sell the goods, food, services, or property as agreed to or contracted for with a consumer;

OR (II) ENGAGESE NGAGES IN A COMMERCIAL ACTIVITY OR PRACTICES A PROFESSIONPROFESSIONOR OR OCCUPATION IN THE STATE DESPITE FAILINGFAILINGTOOBTAINTHE TO OBTAIN THE QUALIFICATIONS REQUIRED BY LAW OR THE C OLORADO CONSTITUTION;CONSTITUTION ;

PAGE 12-HOUSE BILL 26-1426 (cc) Engages in any commercial telephone solicitation which constitutes an unlawful telemarketing practice as described in section 6-1-304;

(ll) EitherknowinglyorrecklesslymakesafalserepresentationasEither knowingly or recklessly makes a false representation as to the results of a radon test or the need for radon mitigation;

(oo) FailsFailstocomplywiththeprovisionsofsection35-80-108(1)(a), to comply with the provisions of section 35-80-108 (1)(a), (1)(b), or (2)(f), C.R.S.;

-16- 1426 (xx) Violates any provision of part 11 of this article;

(hhh) EitherEitherknowinglyorrecklesslyrepresentsthathemp,hempoil, knowinglyor recklesslyrepresents that hemp, hemp oil, or any derivative of a hemp plant constitutes retail marijuana or medical marijuana unless it fullysatisfiesfully satisfies the definition of such products pursuant to section 44-10-103 (34) or (57);

PAGE 13-HOUSE BILL 26-1426 (uuu) Violates section 12-10-403.5;

(zzz) Fails to complycomplywith with the requirements of section 12-280-142;

(cccc) SellsSellsoroffersforsaleaproductorelectronicsmokingdevice or offers for sale a product or electronic smoking device that is age-restricted to a person who does not meet the age restriction;

(dddd) FailstoregisteramobilehomeparkinviolationofsectionFails to register a mobile home park in violation of section 38-12-1106;

-17-SECTION 142610. SECTION10.

InColoradoRevisedStatutes,6-1-107,amend(1)In Colorado Revised Statutes, 6-1-107, amend (1) introductory portion, (1)(a), (1)(c), (1)(e), and (2) as follows:

(1) WhentheattorneygeneraloradistrictattorneyhasreasonableWhen the attorney general or a district attorney has reasonable cause to believe that anyrsonanyA person whether in this state or elsewhere has engaged in, orisor is engaging in, anORany OR OTHERWISE HAS INFORMATION RELEVANTTOANUNFAIRORRELEVANT deceptivetradepracticelistDESCRIBEDTO AN UNFAIR OR deceptive trade practice listeDESCRIBED in section 6-1-105 or part 7 or 1this13 of this article 1, the attorney general or district attorney may:

(a) RequestsuchTHERequest persontofileastatementorreportinwritingsuch THE person to file a statement or report in writing under oath or otherwise, on forms prescribed by him THE ATTORNEY GENERAL OR DISTRICT ATTORNEY , as to all facts and circumstances concerning the sale or advertisement of propertybysuchrsonproperty by suchTHE person and any other data and information heATTORNEYhe THE ATTORNEY GENERAL OR DISTRICT ATTORNEY deems necessary;

PAGE 14-HOUSE BILL 26-1426 (c) Examine any property or sample thereof, record, book, document, account, or paper heHEhe THE ATTORNEY GENERAL OR DISTRICT ATTORNEY deems necessary;

(e) Pursuant to anyanyorder order of anyanydistrict district court, impound anyanysample sample of property whichTHATwhich THAT is material to sucTHEsuchTHE UNFAIR OR deceptive trade practice and retain the same in hishisTHE ATTORNEY GENERAL 'SS OR DISTRICT ATTORNE'SpossessionATTORNEY S possession until completion of all proceedings undertaken under this articleLEarticleARTICLE 1.

An order shall not be issued pursuant to this paragraph (e)CTION(e) SUBSECTION (1)(e) without full opportunity given to the accused to be heard and unless the attorney general or district attorney has proven bybyclear clear and convincing evidence thatthebusinessactivitiesofthepersontowhomanorderisdirectedwillthat -18-the 1426business activities of the person to whom an order is directed will not be impaired therebBYthereby BY THE ORDER .

(2) Nothing in subsection (1) of this section shall be construed to allow a district attorney to enforce the provisions ofticARTICLEofhis articlARTICLE 1 beyondbeyondtheterritoriallimitsofhis theTHEDISTRICTATTORNEY territorial'Sjudicialdistrict limits of hisISTRICT ATTORNEY S judicial district unless:

(a) TheallegedUNFAIRORThe deceptivetradepracticeoranyportionalleged UNFAIR OR deceptive trade practice or any portion of a transaction involving an allegedIRalleged UNFAIR OR deceptive trade practice occurred in saiTHEsaid THE district attorney's judicial district;

or unless (b) The principal place of business of anyfendantany A defendant is located in saidHEsaid THE district attorney's district;

or unless (c) Any AdefendantresidesinsaidA defendant resides in said THE districtattorney'sjudicialdistrict attorney's judicial district.

SECTION11.SECTION 11.

InColoradoRevisedStatutes,6-1-108,amend(1),In Colorado Revised Statutes, 6-1-108, amend (1), (3)(a) introductory portion, and (3)(a)(II) as follows:

(1) WhentheattorneygeneraloradistrictattorneyhasreasonableWhen the attorney general or a district attorney has reasonable cause to believe that a person, whether in this state or elsewhere, has engaged in or is engaging in a deceptive trade practice listedDlistedESCRIBED in section 6-1-105 or part 7 or 13 of this article 1, the attorneygeneralattorney general or adistrictattorney,inadditiontootherpowersconferredupontheattorneya district attorney, in addition to other powers conferred upon the attorney PAGE 15-HOUSE BILL 26-1426 general or a district attorney by this article 1, may issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of anyinvestigationany investigation or inquiry, and prescribe such forms and promulgateDOPTpromulgate ADOPT such rules as may be necessary to administer the provisions ofofhis article 1.

(3) (a) If the records of a person whoHATwho THAT has been issued a subpoena are located outside this state, the person shall either:

-19- 1426 (II) Pay the reasonable and necessary expenses for the attorney general or district attorney, or his or herORNEYherHE ATTORNEY GENERAL 'SS OR DISTRICTATTORNEYDISTRICT 'Sdesignee,toexaminetherecordsattheplacewhereATTORNEY S designee, to examine the records at the place where they are maintained.

SECTION12.SECTION 12.

InColoradoRevisedStatutes,6-1-110,amend(1)In Colorado Revised Statutes, 6-1-110, amend (1) and (2) as follows:

(1) WheneverWhenevertheattorneygeneraloradistrictattorneyhascauseto thebelievethatapersonhasengagedinorisengaging attorneygeneralinany orA adeceptivetrade districtpractice attorneyhaslistedESCRIBED cause to believe that a person has engaged in or is engaging in anye trade practice listedCRIBEDin section 6-1-105 or part 7 or 13 of this article 1, the attorney general or district attorney may apply for and obtain, in an action in the appropriate district court of this state, a temporarytemporaryrestraining restraining order or injunction, or both, pursuant to the Coloradorulesofcivilprocedure,prohibitingthepersonfromcontinuingColorado thepractices,orengagingtherein,ordoinganyactinfurtherancethereof.rules of civil procedure,prohibitingthepersonfromcontinuingthepractices,orengaging therein, or doing any act in furtherance thereof.

The court may make such orders or judgments as maymaybe benecessaryto necessary to prevent the use or employment bythe person of anysuch deceptive trade practice or that maybe necessarytonecessary completelycompensateto completely compensate or restore to the original position of anypersonany person injured bymeansby means of anysuchany such practice or to prevent any unjust enrichment by any person through the use or employment of anyAany A deceptive trade practice.

(2) Where the attorneygeneral or a district attorneyhasattorneyhasauthorityto authorityinstituteacivilactionorotherproceedingpursuanttotheprovisionsof toinstituteacivilactionorotherproceedingpursuanttotheprovisionsof this articlearticle1,theattorneygeneralordistrictattorneymayaccept,inlieuthereof 1,orasapartthereof,anassuranceofdiscontinuanceofany theA attorneydeceptivetrade generalpractice listedESCRIBED in section 6-1-105 or districtpart attorney7 mayor accept,13 inof lieuthis thereofarticle orPAGE as16-HOUSE aBILL part26-1426 thereof,1.Theassurancemayincludeastipulationforthevoluntarypaymentbythe analleged assuranceviolator of discontinuancethe costs of investigation and any deceptiveaction tradeor practiceproceeding listedIBEDby inthe sectionattorney 6-1-105general or parta 7district attorney and any amount necessary to restore to any person any money or -20-property 1426that 13may have been acquired by the alleged violator by means of thisany articlesuch 1.THE deceptive trade practice.

TheAnysuch assuranceA mayN includeassuranceof discontinuanceaccepted bythe attorneygeneral oradistrictattorneyandanysuch A stipulationfiledwiththecourtasapart of any such AN action or proceeding is a stipulationmatter forof public record unless the voluntarypaymentbytheallegedviolatorofthecostsofinvestigationandattorney anyactionorproceedingbytheattorneygeneraloradistrictattorneyandgeneral anyamountnecessarytorestoretoanypersonanymoneyorpropertythator mayhavebeenacquiredbytheallegedviolatorbymeansofanysuchthe THEdistrict deceptiveattorney tradedetermines, practice.at the discretion of the attorneygeneralordistrictattorney,thatitwillbeconfidentialtotheparties to the action or proceeding and to the court and its employees.

AnyUpon suchthe assurancefiling of discontinuancea acceptedcivil byaction thebythe attorneyattorneygeneral general or a district attorneyattorneyalleging andthat any such stipulation filed with the court as a partconfidential osuchyANassurance actionof discontinuance or proceedingstipulation isaccepted apursuant matterto ofthis publicsubsection record(2) unlesshas thebeen attorneygeneralviolated, or the districtassurance attorney determines, at the discretion of thediscontinuance attorney general or districtstipulation attorney,becomes thata itpublic willrecord beand confidentialopen to theinspection partiesby toany theperson. action or proceeding and to the court and its employees.

UponProof by a preponderance of the filingevidence of a civilviolation actionof byany thesuch attorneyAN generalassurance or astipulation districtconstitutes attorneyprima allegingfacie thatevidence of a confidentialassuranceofdiscontinuanceorstipulationacceptedpursuantdeceptive totrade thispractice subsectionfor (2)the haspurposes beenof violated,any thecivil assuranceaction ofor discontinuanceproceeding brought thereafter by the attorney general or stipulationa becomesdistrict attorney, whether a publicnew recordaction andor opena tosubsequent inspectionmotion byor petition in any person.pending action or proceeding.

Proof by a preponderance of the evidence of a violation of any such AN assurance or stipulation constitutes prima facie evidence of a deceptivetradepracticeforthepurposesofanycivilactionorproceeding brought thereafter by the attorney general or a district attorney, whether a new action or a subsequent motion or petition in anypending action or proceeding.

(1) The attorney general or a district attorney may bring a civil action on behalf of the state to seek the imposition of civil penalties as -21- 1426 follows:

(d) AnyAAny personApersonwho who THAT violatesviolatesorcausesanothertoviolatethe orprovisions causesof anothersection to6-1-105 violate(1)(fff) theprovisionsofsection6-1-105(1)(fff)CTIONSECTION 6-1-723bydistributing,6-1-723 by distributing, dispensing, displaying for sale, offering for sale, attempting to sell, or selling anyanyA A product that is labeled as a "bath salt" or anyanyother other trademark if the product contains anyanyamount amount of anyanycathinones, cathinones, as defined in section 18-18-10218-18-102(3.5),C.R.S., (3.5),shallforfeitandpaytothegeneralfundofthestate C.R.S.,ll forfeit and pay to the general fund of the state a civil penalty of not less than ten thousand dollars and not more than five hundred thousand dollars for each such violation;

except that the person shall forfeit and pay to the general fund of the state a civil penalty of not PAGE 17-HOUSE BILL 26-1426 less than twenty-five thousand dollars and not more than five hundred thousandthousanddollarsforeachsuchviolationifthepersondistributes,dispenses, dollars for each such violation if the person distributes, dispenses, displays for sale, offers for sale, attempts to sell, or sells the product to a minor under the age of eighteen YEARS OLD and the person is at least eighteen years oOLDgandof ageOLD and at least two years older than the minor.

(e) AnyAAny personApersonwho who THAT violatesviolatesorcausesanothertoviolatethe or causes another to violate the provisions of section 6-1-105 (1)(ggg) SECTION 6-1-725 by distributing, dispensing, displaying for sale, offeringforsale,offering for sale, attempting tosell,orsellinganyAproductthatcontainsanyamountto sell, or selling any A product that contains any amount of anysyntheticany synthetic cannabinoid, as defined in section 18-18-102 (34.5), C.R.S.,orfeitC.R.S., shall forfeit and paytopay to the general fund of the state a civil penaltyofpenalty of not less than ten thousand dollars and not more than five hundred thousand dollars for each violation;

except that the person shall forfeit and paypayto to the general fund of thethestateacivilpenaltyofnotlessthantwenty-fivethousanddollarsandnot statemore athan civilfive penaltyhundred ofthousand notdollars lessfor thaneach twenty-fiveviolation thousand dollarsandnotmorethanfivehundredthousanddollarsforeachviolation if the person distributes, dispenses, displays for sale, offers for sale, -22- 1426 attempts to sell, or sells the product to a minor under the age ofofeighteen eighteen YEARS OLD and the personpersonisatleasteighteenyearsofage isOLD atandatleasttwoyearsolderthan least eighteen yearsOLD and at least two years older than the minor.

(3) TheattorneygeneralordistrictattorneyshalltransmitanycivilThe penaltycollectedinaccordancewiththissectionforaviolationdescribedattorney insection6-1-105(1)(dddd)ECTIONgeneral 38-12-1106ANDENFORCEDUNDERor SECTIONdistrict 6-1-105attorney (1)(z)shall totransmit theany statecivil treasurerpenalty collected in accordance with this section for deposita violation described in thesection mobile6-1-105 home(1)(dddd) SECTION 38-12-1106 AND ENFORCED UNDER SECTION 6-1-105(1)(z)tothestatetreasurerfordepositinthemobilehome park water quality fund created in section 25-8-1006.

SECTION14.SECTION 14.

InColoradoRevisedStatutes,6-1-116,amend(4)In Colorado Revised Statutes, 6-1-116, amend (4) as follows:

Investigation of unfair business practices by regulated persons - district attorney requests for records from licensingauthorities-interagencylicensing agreementswithattorneyauthorities-interagencyagreementswithattorneygeneral-legislative general - legislative declaration - definitions.

(4) NOTWITHSTANDINGN OTWITHSTANDING ANY LAW TO THE CONTRARY , subject to approvalapprovalbytheheadofanexecutivedepartment,astatelicensingauthority bywithin the headdepartment ofmay enter into an executiveinteragency department,agreement awith statethe licensingattorney authoritywithingeneral thedepartmentmayenterintoaninteragencyagreementor withtheattorneygeneralortheattorneygeneral'sdesigneeforthereferralthe attorney general's designee for the referral of any complaint that appears to allege a violation of this article 1 or article 2 or 4 PAGE 18-HOUSE BILL 26-1426 of this title 6.

The interagency agreement may provide for referralsofcomplaints,informationsharing,confidentialityrequirements,referrals of complaints, information sharing, confidentiality requirements, and other terms that facilitate the investigation and enforcement of complaints alleging violations of consumer protection or unfair trade laws.

Colorado consumer protection act advisory council -23- 1426 - created - membership - duties - subject to review - repeal.

(1) THE CCOLORADO OLORADO CONSUMER PROTECTION ACT ADVISORY COUNCIL ,REFERRED TO IN THIS SECTION AS T"ADVISORYTHE COUNCIL",IS"ADVISORY CREATEDINTHEDEPARTMENTOFLAWCOUNCIL .THEADVISORYCOUNCILCONSISTS", OFTHREEMEMBERSAPPOINTEDBYTHEATTORNEYGENERALASFOLLOWSIS :CREATED IN THE DEPARTMENT OF LAW .

(a)THE ONEMEMBERREPRESENTINGTHEBUSINESSCOMMUNITYORANADVISORY ASSOCIATIONCOUNCIL REPRESENTINGCONSISTS BUSINESSOF INTERESTS;THREE MEMBERS APPOINTED BY THE ATTORNEY GENERAL AS FOLLOWS :

(b)(a) OONE NE MEMBER REPRESENTING ATHE STATEWIDEBUSINESS CONSUMERCOMMUNITY ADVOCACYOR ORGANIZATIONAN ;ANDASSOCIATION (c)REPRESENTING ONEBUSINESS MEMBERINTERESTS OF; THE PUBLIC.

(2)(b) TO HENE MEMBERSMEMBER OFREPRESENTING THE ADVISORY COUNCIL SHALL ELECT A CHAIRSTATEWIDE ANDCONSUMER VICE-CHAIRADVOCACY FROMORGANIZATION AMONG;AND THE(c) ADVISORYONE COUNCILMEMBER MEMBERS APPOINTED PURSUANT TO SUBSECTION (1)OF THIS SECTION, WHICH PRESIDING OFFICERS SHALL SERVE TERMS OF TWOTHE YEARSPUBLIC .

(2) THEMEMBERSOFTHEADVISORYCOUNCILSHALLELECTACHAIR AND VICE CHAIR FROM AMONG THE ADVISORY COUNCIL MEMBERS MAYAPPOINTED REELECTPURSUANT ATO SUBSECTION (1) OF THIS SECTION , WHICH PRESIDING OFFICER.OFFICERS SHALL SERVE TERMS OF TWO YEARS .

(3) (a) ECH MEMBER OF THE ADVISORY COUNCIL SERVESMEMBERS ATMAY THEREELECT PLEASURE OF THE ATTORNEY GENERAL FOR A TERMPRESIDING OFOFFICER THREE. YEARS ;

(3) (a) EACH MEMBER OF THE ADVISORY COUNCIL SERVES AT THE PLEASURE OF THE ATTORNEY GENERAL FOR A TERM OF THREE YEARS ;

(I) THET HE INITIAL MEMBER APPOINTED PURSUANT TO SUBSECTION (1)(a)OF THIS SECTION SHALL SERVE A TERM OF ONE YE;ANDYEAR;AND (II) THE INITIAL MEMBER APPOINTED PURSUANT TO SUBSECTION (1)(b)OF THIS SECTION SHALL SERVE A TERM OF TWO YEA.SYEARS. (b) THEATTORNEYGENERALMAYREAPPOINTAMEMBERTOSERVE NO MORE THAN THREE TERMS .

(c)PAGE MEMBERSOFTHEADVISORYCOUNCILMAYBEREIMBURSEDBY19-HOUSE THEBILL DEPARTMENT26-1426 OF(b) LAWT FORHE ACTUALATTORNEY ANDGENERAL NECESSARYMAY EXPENSESREAPPOINT INCURREDA INMEMBER THETO CONDUCTSERVE OFNO OFFICIALMORE BUSINES.THAN THREE TERMS .

-24-(c) 1426M (4)EMBERS OF THE ADVISORY COUNCIL SHALLMAY MEETBE ATREIMBURSED LEASTBY TWOTHE TIMESDEPARTMENT EACHYEARTODISCUSSEMERGINGISSUESINCONSUMERPROTECTIONANDOF ANYLAW OTHERFOR MATTERSACTUAL REFERREDAND TONECESSARY THEEXPENSES ADVISORYINCURRED COUNCILIN FORTHE DISCUSSIONCONDUCT BYOF THEOFFICIAL ATTORNEYBUSINESS GENERAL .

(5)(4) THISTHEADVISORYCOUNCILSHALLMEETATLEASTTWOTIMESEACH SECTIONYEAR ISTO REPEALE,EFFECTIVEDISCUSS SEPTEMBEREMERGING 1,ISSUES 2032.IN CONSUMER PROTECTION AND ANY OTHERMATTERSREFERRED TO THE ADVISORY COUNCILFORDISCUSSIONBY THE ATTORNEY GENERAL .

B(5) EFORET THEHIS REPEAL,THESECTION ADVISORYCOUNCILISSCHEDULEDFORREVIEWIS INREPEALED ACCORDANCE,EFFECTIVE WITHSEPTEMBER SECTION1, 2-3-1203.2032.

B EFORETHEREPEAL ,THEADVISORYCOUNCILISSCHEDULEDFORREVIEWIN ACCORDANCE WITH SECTION 2-3-1203.

InformationInformationtobedisclosedinadvertisementsforrental to be disclosed in advertisements for rental agreements for rental motor vehicles.

In anyanyadvertisementtothepublicforarentalagreementfora advertisement to the public for a rental agreement for a rental motor vehicle that includes a rental rate, the lessor shall prominentlydiscloseprominently onthefaceofdisclose anysuchTHEon the face of anysuchHE advertisement the daily charge of any collisioncollisiondamagewaiveroffered,astatementinformingaprospectivelessee damagethat waiverhe offered,or ashe statementTHE informingPROSPECTIVE aLESSEE prospectiveshould lesseereview thathis he or shePROSPECTIVEher LESSEEshouldTHE reviewPROSPECTIVE hisorherLESSEE THEPROSPECTIVELESSEE'Sown Sownautomobileinsurancecoverageautomobile insurance coverage to determine if suchHEsuch THE coverage applies to the use of a rental motor vehicle, and a statement that a prospective lessee maymayalso also wish to determine whether his or herHEherTHE PROSPECTIVE LESSEE'SLESSEE S credit card or travelandentertainmentcardprovidescollisiondamagecoverageforusetravel and entertainment card provides collision damage coverage for use of a rental motor vehicle or other suchilegesuchprivilege of membership.

Commercial electronic mail messages - unfair or deceptivedeceptivetradepractice-remedies-definitions-shorttitle-legislative trade practice - remedies - definitions - short title - legislative declaration.

-25-PAGE 142620-HOUSE BILL 26-1426 (3) As used in this section:

(c) "Electronic mail service provider"ROVIDERprovider" "PROVIDER OF INTERNET ACCESSACCESSSERVICE SERVICE""means means a provider of internet access service, as defined in 47 U.S.C.

(4) (a) In the case of anyiolationanyA violation of this section, an electronic mail service providerOFA provider OF INTERNET ACCESS SERVICE whose network or facilities were used in the transmission or attempted transmission of a commercial electronic mail message may file a civil action in a court of competentcompetentjurisdictionandmay,uponproofofsuchviolation,recoversuch jurisdiction and may, upon proof of such violation, recover such sums as are allowed under this subsection (4).

(b) (I) In anyanysuch such action, if the electronic mail servicerserviceoviderOF OFINTERNETACCESSSERVICEINTERNET prevails,theACCESS SERVICE prevails, the provider shalISbentitledtoshall actualbe damages.IS entitled to actualdamages.Uponashowingthatthesenderofacommercialelectronic mail message violated any provision of this section, whether or not the violation resulted in a financial loss or injury, the electronic mail service provider OFINTERNETACCESSSERVICE mayrecoverattorneyfeesandcosts.

Upon(II) aIn showingany thatsuch action, if the senderelectronic ofmail aservicerovider commercialOF electronicmailmessageviolatedanyprovisionofthissection,whetherorINTERNETACCESSSERVICE notprevails,theprovideris also entitled to recover, as part of the violationjudgment, resultedstatutory damages in athe financialamount lossof orone injury,thousand thedollars for each commercial electronic mail serviceproviderOFINTERNETACCESSSERVICEmessage mayrecoverattorneyfeestransmitted andin costs.violation of this section;

(II) In any such action, if the electronic mail servicerOF INTERNET ACCESS SERVICE prevails, the provider is also entitled to recover, as part of the judgment, statutorydamages in the amount of one thousanddollarsforeachcommercialelectronicmailmessagetransmitted in violation of this section;

(e) Electronic mail serviceProviders OFOFINTERNET INTERNET ACCESS SERVICE that adopt and implement terms, conditions, or technical measures in good faith to prevent or prohibit the origination or -26- 1426 transmission of commercial electronic mail messages in violation of this sectionshallbeAREsection immunefromcivilliabilityforanysuchactions,andshall beE immune from civil liability for any such actions, and no provision of this section shall be construed to create any liability for such actions.

(f) No electronic mail serviceproviderservice A provider shall bOFbe OF INTERNET ACCESS SERVICE IS NOTliableNOT liable for the mere transmission of commercial electronicelectronicmailmessagesovertheprovider'scomputernetworkorfacilities. mail messages over the provider's computer network or facilities.

(g) ThisThissectionshallnotbeconstruedtorequireanyelectronicmail sectionPAGE shall21-HOUSE notBILL be26-1426 construedservice toA requireprovider anyOF electronic mail service providerOF INTERNET ACCESS SERVICE to carry or deliver anyelectronicmailmerelybecauseasendercomplieswiththeprovisionsany ofthiselectronicmailmerelybecauseasendercomplieswiththeprovisionsof this section.

(5) (b) The attorneyattorneygeneral general is encouraged to and may, in his or herTHEher THE ATTORNEY GENERAL S'S discretion, cooperate with an electronic mailserviceAproviderOFINTERNETACCESSSERVICEmail inanactionbysuchservice THEA provider OF INTERNET ACCESS SERVICE in an action by suchTHE provider under 15 U.S.C.

SECTION18.SECTION 18.

InColoradoRevisedStatutes,6-1-704,amend(1)In Colorado Revised Statutes, 6-1-704, amend (1) introductory portion and (1)(c)(V) as follows:

(1) A person engages in a deceptive trade practice when, in the course of suchHEsuch THE person's business, vocation, or occupation,THEchoccupation, personsuch engagesTHE inpersonengagesinoneormoreofthefollowingactivitiesinconnectionwith one or more of the following activities in connection with the advertisement or sale of a membership in a health club:

(V) TheThesellerpermanentlydiscontinuesoperationofthehealthclub seller permanently discontinues operation of the health club or sells the health club and the sale results in substantial alteration -27- 1426 of the quality of health club servicHEALTHservices orHEALTH CLUB facilities or the nature of benefitsbenefitssothattheynolongerconformtotheprovisionsofthemembership socontract;butthereshallbe thatEXCEPTTHATTHEHEALTHCLUBHAS theynoathirty-day longer"right conform to cure" during which the fees payable by the buyer under the membershipcontractshallbe ARE suspendedandthehealthclubmaybring the services, facilities, and benefits into conformance with the provisions of the membership contract;

butSECTION there19. shall bePT THAT THE HEALTH CLUB HAS a thirty-day "right to cure" during which the fees payable by the buyer under the membership contract shall beE suspended and the health club may bring the services, facilities, and benefits into conformance with the provisions of the membership contract;

SECTION19.In Colorado Revised Statutes, 6-1-707, amend (1) introductory portion, (1)(a)(I) introductory portion, (1)(a)(I)(E), (1)(a)(II), (1)(a)(III), (1)(b) introductory portion, (1)(b)(I)(B), (1)(d)(I), (1)(d)(II) introductory portion, (1)(d)(III), (1)(e)(I) introductory portion, (1)(e)(II) introductory portion, and (1)(f);

InColoradoRevisedStatutes,6-1-707,amend(1) introductoryportion,(1)(a)(I)introductoryportion,(1)(a)(I)(E),(1)(a)(II), (1)(a)(III), (1)(b) introductory portion, (1)(b)(I)(B), (1)(d)(I), (1)(d)(II) introductoryportion, (1)(d)(III), (1)(e)(I) introductory portion, (1)(e)(II) introductory portion, and (1)(f);

UseUseoftitleordegree-deceptivetradepractice-subject of title or degree - deceptive trade practice - subject to review - repeal.

PAGE 22-HOUSE BILL 26-1426 (1) ApersonAA NINDIVIDUALperson engagesinadeceptivetradepracticeA N INDIVIDUAL engages in a deceptive trade practice when, in the course of the person'sVIDUALperson's INDIVIDUAL S business, vocation, or occupation, the personDIVIDUALperson INDIVIDUAL :

(a) (I) Claims either orally or in writing to possess either an academic degree or an honorary degree or the title associated with said SUCH Adegree,A degree, unless the persINDIVIDUALperson INDIVIDUAL has, in fact, been awarded saidSUCHsaid SUCH A degree from an institution that is:

(II) Thisparagraph(a)This shallBSECTIONparagraph (1)(a)DOES(a) shall SUBSECTION (1)(a) DOES not applytoapply personsINDIVIDUALSclaimingdegreesorcertificatesthatweresubmittedto persons INDIVIDUALS claiming degrees or certificates that were submitted as a requirement of the application process for licensure, certification, or registration pursuant to title 12.

-28- 1426 (III) No person ANA N INDIVIDUAL awarded a doctoral degree from an institution not listed in this subsection (1)(a) shallimshallT claim in the state, either orally or in writing, the title "Dr." before the person'sperson'sIVIDUAL INDIVIDUAL'Snameoranymark,appellation,orseriesofletters,numbers,'S name or anymark, appellation, or series of letters, numbers, or words such as but not limited to,D.","Ed.D.",to,"Ph.D.","Ed.D.", "D.N.", or "D.Th.", which signify, purport, or are generally taken to signify satisfactory completion of the requirements of a doctorate degree, after the person'sperson'sINDIVIDUAL INDIVIDUAL'Sname.'S name.

(b) Claims either orallyorallyor or in writing to be a "dietitian", "dietician", "certified dietitian", or "certified dietician" or uses the abbreviation "C.D." or "D." to indicate that such personDIVIDUALperson THE INDIVIDUAL is a dietitian, unless such peTHEperson THE INDIVIDUAL :

(I) PossessesPossessesabaccalaureate,master's,ordoctoraldegreeinhuman a baccalaureate, master's, or doctoral degree in human nutrition, foods and nutrition, dietetics, nutrition education, food systems management, or public health nutrition from an institution that is:

C.R.S.;orC.R.S.; (d)(I) Claimseitherorallyorinwritingtobea"certifiedoptician" or"certifiedopticien",unlesssuchpersonHEINDIVIDUAL holdsacurrent certificate of competence issued by the American Board of Opticianry.

Eachor (d) (I) Claims either orally or in writing to be a "certified optician" or "certified opticien", unless such personTHE INDIVIDUAL holds a current certificateofcompetenceissuedbytheAmericanBoardofOpticianry.Each PAGE 23-HOUSE BILL 26-1426 certificate shall be prominently displayed or maintained in such person'sTHEperson's THE INDIVIDUAL 'S place of business and made available for immediate inspection and review by any consumer or agent of the state.

No person may A N INDIVIDUAL SHALL NOT associate a service,product,orbusinessnamewiththetitle"certifiedoptician"unlessservice, suchpersonproduct, THEINDIVIDUALor holdstherequiredcertificateofcompetence.business name with the title "certified optician" unless such personTHE INDIVIDUAL holds the required certificate of competence.

-29- 1426 This subsection (1)(d)(1)(d)shallDOES shalDOESnotapplytopersons not apply to persons INDIVIDUALS authorizedauthorizedunderarticle under article 240 or 275 of title 12 to practice medicine or optometry.

(II) PerformsPerformsorclaims ororallyor claims orally or in writing to be able to performperformthe the following procedures, and such person THE INDIVIDUAL is a certified optician:

(III) A certified optician does not engage in a deceptive trade practice under subparagraph (II) of this paragraph (d),BSECTION(d), (1)(d)(II)FSUBSECTION (1)(d)(II)OF THIS SECTION if saiTHEsaidTHE optician performs the described procedures under the direction and supervision of a personpersonN AN INDIVIDUAL whohasstatutoryauthorityundertitle12C.R.S.,tosupervisewho has statutory authority under title 12 C.R.S., to supervise the work of others within the scope of his or heTHEherHE INDIVIDUAL S'Slicense. license.

(e)(e)(I) (I)Claimstobea"signlanguageinterpreter","interpreterforthe Claims to be a "sign language interpreter", "interpreter for the deaf", "deaf interpreter", "ASL-English interpreter", "American sign languagelanguage(ASL)interpreter","translator"forsignlanguage,"transliterator", (ASL)"certifiedsignlanguageinterpreter","certifiedtranslator"forsignlanguage, interpreter","certified "translator"interpreter for signthe language,deaf", "transliterator","certifiedsignlanguageinterpreter","certifiedtranslator""certified fordeaf signinterpreter", language, "certified interpreterASL-English forinterpreter", the deaf", "certified deafAmerican interpreter","certifiedASL-Englishinterpreter","certifiedAmericansignsign language (ASL) interpreter", or "certified transliterator", unless the personINDIVIDUALpersonDIVIDUAL holds:

(II) Aperson A personANINDIVIDUAL Nwhousesanyof INDIVIDUAL who uses any of the titles listedlistedinthis in this subsection (1)(e) shall make available for immediate inspection by any consumer or agent of the state:

(f) ClaimsClaimstobeaverifiedinstructorforafirearmssafetycoursethat to be a verified instructor for a firearms safety course that satisfies the requirementsrequirementsfor for a concealed handgun training class described in section 18-12-202.5, unless the personINDIVIDUALperson isINDIVIDUAL -30-is 1426 verified as a firearms instructor by a sheriff pursuant to section 18-12-202.7.

(2) THIST HIS SECTION IS REPEALE,REPEALED EFFECTIVES,EFFECTIVE S EPTEMBER 1, 2034.

B EFOREEFORETHEREPEAL THETHEIMPLEMENTATIONOFTHISSECTIONISSCHEDULED REPEALPAGE ,24-HOUSE THEBILL IMPLEMENTATION26-1426 OF THIS SECTION IS SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104.

SECTION20.SECTION 20.

InColoradoRevisedStatutes,6-1-713,amend(2)In Colorado Revised Statutes, 6-1-713, amend (2) introductory portion and (2)(a) as follows:

(2) For the purposes ofAof A S USED IN this section and section 6-1-713.5:

(a) "Coveredentity"meansapersonasdefinedinsection6-1-102"Covered (6),thatentity" maintains,means owns,a orperson licensesas personaldefined identifyingin informationsection in6-1-102 the(6),thatmaintains,owns,orlicensespersonalidentifyinginformationinthe course of the person's business, vocation, or occupation.

"Covered entity" doesdoesnotincludeapersonactingasathird-partyserviceproviderasdefined not include a person acting as a third-party service provider as defined in section 6-1-713.5.

SECTION21.SECTION 21.

InColoradoRevisedStatutes,6-1-715,amend(1)In introductoryportion,(1)(c),(1)(d),(2)(a)introductoryportion,(2)(a)(II),Colorado Revised Statutes, 6-1-715, amend (1) introductory portion, (1)(c), (1)(d), (2)(a) introductory portion, (2)(a)(II), and (2)(b) as follows:

(1) Except as provided in subsections (2) to (4) of this section, a person or entity mayHALLmay SHALL not:

(c) Require an individual to transmit his or herIVIDUAL'Sher socialTHE securityINDIVIDUAL number'S social securitynumber over the internet, unless the connection is secure or the social security number is encrypted;

(d) RequireanindividualtousehisorherTHEINDIVIDUALRequire Ssocialan securityindividual numberto use his or herTHE INDIVIDUAL S social securitynumber to access an internet website, unless a password or -31- 1426 unique personal identification number or other authentication device is also required to access the internet website;

andandOR (2) (a) A person or entityatentitythat has used, prior to JanuaryJanuary1, 1, 2007, an individual'sindividual'ssocialsecuritynumberinamannerinconsistentwithsubsection social security number in a manner inconsistent with subsection (1) of this section may continue using that individual's social security number in that manner on or after January 1, 2007, if all of the following conditions are met:

PAGE 25-HOUSE BILL 26-1426 (II) The person or entityovidesentity provides the individual with an annual disclosuredisclosurethatinformstheindividualthatheorshe thatTHEINDIVIDUAL informshasthe the individual that he or sheIVIDUAL has the right to stop the use of his or herINDIVIDUAL'SsocialherE INDIVIDUAL 'S social security number in a manner prohibited by subsection (1) of this section.

(b) The person or entitshallentity shall implement a written request by an individual to stop the use of his or herNDIVIDUALher STHE INDIVIDUAL 'S social security numbernumberinamannerprohibitedbysubsection(1)ofthissectionwithinthirty indays aafter mannerthe prohibitedreceipt by subsection (1) of this section within thirtydaysafterthereceiptoftherequest.Thepersonorentitymay SHALL not impose a fee or charge for implementing the request.

The person or entity may SHALL not impose a fee or charge for implementing the request.

(1) Definitions.Definitions.Asusedinthissection,unlessthecontextotherwise requires:

As(a) used"Biometric indata" thismeans section,unique unlessbiometric data generated from measurements or analysis of human bodycharacteristics for the contextpurpose otherwiseof requires:authenticating the individual when he or she THE INDIVIDUAL accesses an online account.

(a)(b) "Biometricdata"meansuniquebiometricdatageneratedfrom"Covered measurementsentity" ormeans analysisa ofperson humanas bodycharacteristicsdefined forin section 6-1-102 (6), that maintains, owns, or licenses personal information in the purposecourse of authenticatingtheindividualwhenthe heorsheTHEINDIVIDUALperson's accessesbusiness, anvocation, onlineor account.occupation.

(b) "Coveredentity"meansapersonasdefinedinsection6-1-102 (6),hat maintains, owns, or licenses personal information in the course -32- 1426 of the person's business, vocation, or occupation.

(a.3) If an investigation by the A covered entity pursuant to subsection (2)(a) of this section determines that the type of personal information described in subsection (1)(g)(I)(B) of this section has been misused or is reasonablyreasonablylikelytobemisused,then likelythecovered toentityshall, be misused, thencovered entity shall, in addition to the notice otherwise required by subsection (2)(a.2) of this section and in the most expedient time possible andthoutand without unreasonable delay, but not later than thirtythirtydays days after the date of determination that a security breach occurred, consistent with the legitimate needs of law PAGE 26-HOUSE BILL 26-1426 enforcement and consistent with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the computerized data system:

(I) DirectthepersonINDIVIDUALDirect whosepersonalinformationhasthe personINDIVIDUAL whose personal information has been breached to promptlychangepromptly hisorherHEINDIVIDUALchange Spasswordhis or her THE INDIVIDUAL S password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the covered entity and all otherotheronlineaccountsforwhichthepersonwhosepersonalinformationhas online accounts for which the person whose personal information has been breachedNDIVIDUALbreached INDIVIDUAL uses the same username or email address and password or security question or answer.

SECTION23.SECTION 23.

InColoradoRevisedStatutes,6-1-722,amend(4)In Colorado Revised Statutes, 6-1-722, amend (4) as follows:

(4) A violation of this section shall be deemed aUNFAIRaIS AN UNFAIR OR deceptive trade practice as provided in section 6-1-105 (1)(ccc) -33-THIS 1426 ARTICLE 1.

SECTION24.SECTION 24.

InColoradoRevisedStatutes,6-1-723,amend(2)In Colorado Revised Statutes, 6-1-723, amend (2) as follows:

(2)(2)(a) (a)Aviolationofthissectionshallbedeemeda AISANUNFAIROR violation of this section shall be deemed aFAIR OR deceptive trade practice, as provided in section 6-1-105 (1)(fff), and theAAhe violator shallISsubjectshall bISsubject to aacivilpenaltyasdescribedin civil penaltyas described in section 6-1-112 (1)(d) in addition to any applicable criminal penalty.

(b) For the purposes of this section, a person shall bebedeemed tohavecommittedaviolationforeachindividuallypackagedproductthatto heorshehave THEPERSONcommitted distributed,dispensed,manufactured,displayedfora sale,violation for each individuallypackaged product that he orshe THEPERSON distributed,dispensed,manufactured,displayedforsale, offered for sale, attempted to sell, or sold in violation of subsection (1) of this section.

SECTION25.SECTION 25.

InColoradoRevisedStatutes,6-1-724,amend(6)In Colorado Revised Statutes, 6-1-724, amend (6) introductory portion, (6)(g) introductory portion, (6)(g)(II), (6)(n) introductoryportion,(6)(n)(II),(6)(q),(6)(t),(7)(a)introductoryportion,PAGE 27-HOUSE BILL 26-1426 introductory portion, (6)(n)(II), (6)(q), (6)(t), (7)(a) introductory portion, (7)(a)(IV), and (10)(a) as follows:

UnlicensedUnlicensedalternativehealth-carepractitioners-unfair alternativeor health-caredeceptive practitionerstrade practice - unfairordeceptivetradepractice-shorttitle-legislativedeclarationshort title - legislative declaration - definitions.

(6) A complementary and alternative health-care practitioner providingcomplementaryandalternativehealth-careservicesCRIBEDproviding complementary and alternative health-care services DESCRIBED under this section who is not licensed, certified, or registered bytheby the state shall not:

(g) Perform enemasANenemas AN ENEMA orAor A colonic irrigation unless the complementary and alternative health-care practitioner:

-34- 1426 (II) Discloses that he orTHEor she THE PRACTITIONER is not a physician licensed pursuant to article 240 of title 12;

and (n) TreatachildwhoistwoyearsofageTreat OLDa orolderbutlessthanchild eightwho is two years of age OLD unlessor theolder complementarybut andless alternativethan health-careeightyearsofage OLD unlessthecomplementaryandalternativehealth-care practitioner:

(II) Discloses that he or shePRACTITIONERshe THE PRACTITIONER is not a physician licensed pursuant to article 240 of title 12;

(q) Practice or represent that he or sTHEshe THE PRACTITIONER is practicing massage or massage therapytherapyas as defined in article 235 of title 12;

(t) HoldHoldoneself oneselfoutas,state,indicate,advertise,orimplytoaclient out as, state, indicate, advertise, or imply to a client or prospective client that he or sheEshe THE PRACTITIONER is a physician, surgeon, or both or that he or she THE PRACTITIONER is a health-care professional who is licensed, certified, or registered by the state.

(7)(a)(7) Anyperson(a) ANINDIVIDUALAny providingcomplementaryandperson alternativehealth-careservicesinthisstatewhoisnotlicensed,certified,A orregisteredbythestateasahealth-careprofessional;isnotregulatedbyN aprofessionalboardorthedivisionofprofessionsandoccupationsintheINDIVIDUAL departmentproviding ofcomplementary regulatoryand agenciesalternative pursuanthealth-care toservices titlein 12;this state who is not licensed, certified, or registered by the state as a health-care professional;

C.R.S.,sis advertisingorchargingafeeforhealth-careservicesshallprovidetoeachnot clientregulated duringby thea initialprofessional clientboard contactor the followingdivision informationof professions and occupations in athe plainlydepartment wordedof writtenregulatory statement:agencies pursuant to title 12;

(IV)C.R.S., Alistingand ofis anydegrees,training,experience,credentials,oradvertising otheror qualificationscharging thea personfee INDIVIDUALfor holdshealth-care regardingservices theshall complementaryprovide andto alternativeeach health-careclientduringtheinitialclientcontactthefollowinginformationinaplainly servicesPAGE he28-HOUSE orBILL sheTHE26-1426 INDIVIDUALworded provides;written statement:

-35-(IV) 1426A (10)listing Thisof sectionany doesdegrees, nottraining, applyexperience, tocredentials, or prohibit:other qualifications the person INDIVIDUAL holds regarding the complementary and alternative health-care services he or she THE INDIVIDUAL provides;

(a)(10) AnyThis Asection licensed,does certified,not orapply registeredto health-care professional from practicing his or herprohibit: regulated profession;

SECTION26.(a) Any A licensed, certified, or registered health-care professional from practicing his or herTHEIR regulated profession;

InColoradoRevisedStatutes,6-1-725,amend(2)SECTION as26. follows:

In Colorado Revised Statutes, 6-1-725, amend (2) as follows:

Syntheticcannabinoids-incense-unfairordeceptiveSynthetic cannabinoids - incense - unfair or deceptive trade practice.

(2) (a) A violation of this section is aFAIRaUNFAIR OR deceptive tradepractice,asprovidedinsection6-1-105(1)(ggg),ndtheAtrade violatorpractice,asprovidedinsection6-1-105(1)(ggg), shallandthe beSsubjecttoacivilpenaltyasA describedviolatorshallbe inISsubjecttoacivilpenaltyasdescribedinsection6-1-112(1)(e)inaddition section 6-1-112 (1)(e) in addition to any applicable criminal penalty.

(b) For the purposes of this section, a person sISdeemedshall tohavecommittedaviolationforeachindividuallypackagedproductthatbeSdeemed heorsheto THEPERSONhave distributed,dispensed,manufactured,displayedforcommitted sale,a violation for each individuallypackaged product that he orshe THEPERSON distributed,dispensed,manufactured,displayedforsale, offered for sale, attempted to sell, or sold in violation of subsection (1) of this section.

SECTIONSECTION27. 27.

InInColoradoRevisedStatutes6-1-727,amend(3)(b) Coloradointroductoryportion,(3)(b)(III),(3)(c)introductoryportion,and(3)(c)(I)as Revised Statutes 6-1-727, amend (3)(b) introductory portion, (3)(b)(III), (3)(c) introductory portion, and (3)(c)(I) as follows:

Immigration-relatedImmigration-relatedservicesprovidedbynonattorneys services provided by nonattorneys - unfair or deceptive trade practice - definitions.

(3) Prohibitedpractices-assistancewithimmigrationmattersProhibited practices - assistance with immigration matters - permitted practices.

(b) Ifapersonotherthanapersonlistedinsubparagraph(I)or(II)If ofa paragraphperson (a)other ofthan thisa subsectionperson (3)TIONlisted (3)(a)(ORin (3)(a)(II)subparagraph OF(I) THIS SECTION engages in or offers(II) toPAGE engage29-HOUSE inBILL one26-1426 orofparagraph(a)ofthissubsection(3) moreSUBSECTION of(3)(a)(IOR the(3)(a)(IIOF followingTHISSECTION engagesinorofferstoengageinoneormoreofthefollowing acts or practices in an immigration matter for compensation, -36- 1426 the person engages in aANa AN UNFAIR OR deceptive trade practicASpracticeAS DESCRIBED IN THIS ARTICL1:ARTICLE 1:

(III) Selecting for another person, assisting another person in selecting,oradvisinganotherpersoninselectinghisorherHEPERSONselecting, Sor advising another person in selecting his or her PERSON 'S answers on a government agency form or document related to an immigration matter;

(c) With or without compensation or the expectation of compensation,compensation,apersonotherthanapersonlistedinsubparagraph(I)or(II) aofparagraph(a)ofthissubsection(3) personSUBSECTION other(3)(a)(IOR than(3)(a)(IIOF a person listed in subparagraph (I) or (II) of paragraph (a) of this subsection (3)SECTION (3)(a)(I)OR (3)(a)(II) THIS SECTION engages in aANa AN UNFAIR OR deceptive trade practice in an immigration matter if he or sheRSONshe THE PERSON represents, in any language, either orally or in a document, letterhead, advertisement, stationery,businesscard,website,orotherwrittenmaterialstationery, thatbusinesscard,website,orotherwrittenmaterialthatheorshe heTHEPERSON or: she THE PERSON:

(I) Is a notario publico, notario, immigration assistant, immigration consultant,consultant,immigrationspecialist,orotherdesignationortitlethatconveys immigrationorimpliesinanylanguagethatheorshe specialist,THEPERSON orpossessesprofessional otherlegal designationskills or titleexpertise that conveys or implies in anythe languagearea thatof he or sheON possessesprofessionallegalskillsorexpertiseintheareaof immigration law;

or SECTIONSECTION28. 28.

InInColoradoRevisedStatutes,6-1-739,repeal(1)(b) Colorado Revised Statutes, 6-1-739, repeal (1)(b) as follows:

(b) "Person"hasthesamemeaningassetforthinsection6-1-102."Person" has the same meaning as set forth in section 6-1-102.

SECTION29.SECTION 29.

InColoradoRevisedStatutes,6-1-803,amend(2)In -37-Colorado 1426Revised Statutes, 6-1-803, amend (2) introductory portion as follows:

PAGE 30-HOUSE BILL 26-1426 (2) No A sponsor shalNOTshall NOT represent that a person has won or unconditionallyunconditionallywill will be the winner of a prize or use language that maymaylead lead a person to believe he or sheERSONsheHE PERSON has won a prize, unless all of the following conditions are met:

SECTIONSECTION30. 30.

InInColoradoRevisedStatutes,6-1-904,amend(1)(a) Colorado Revised Statutes, 6-1-904, amend (1)(a) as follows:

UnlawfulUnlawfultomaketelephonesolicitationstosubscribers toon makethe telephoneColorado solicitationsno-call tolist subscribersontheColoradono-calllist-requirementsfortelephone- requirements for telephone solicitations generally.

(1) (a) NoANo A person or entityshaNOTentity shallNOT make or cause to be made any telephone solicitation to the telephone of any residential subscriber orwirelesstelephoneservicesubscriberinthisstatewhoHATor hasaddedwireless telephone service subscriber in this state whoHAT has added his or herTHEher THE SUBSCRIBER 'S'Stelephone telephone number and zip code to the Colorado no-call list in accordance with rules promulgatedPTEDpromulgated ADOPTED under section 6-1-905.

(3) (b) The public utilities commission shall establish, by rule, guidelinesforthedesignatedagentforthedevelopmentandmaintenanceguidelines for the designated agent for the development and maintenance of the Colorado no-call list so that the no-call list can easilyeasilybe be accessed bypersonsorentitiesdesiringtomaketelephonesolicitationsandbystateby andpersonsorentities desiringtomaketelephonesolicitationsandbystateand local law enforcement agencies.

As soon as practicable after March 25, 2003, the public utilities commission shall promulgatepromulgateADOPT rules -38- 1426 that:

(III) SpecifythatthemethodbywhicheachresidentialsubscriberSpecify andthat wirelessthe telephonemethod serviceby subscriberwhich mayeach giveresidential noticesubscriber toandwirelesstelephoneservicesubscribermaygivenoticetothedesignated the designated agent of his or herEher THE SUBSCRIBER S'S objection to receiving such solicitations, or maymayrevoke revoke such notice, shall beclusivelybeSexclusivelybyentering bytheareacode,phonenumber,andzipcodeofthesubscriberdirectlyintothe entering the area code, phone number, and zip code of the subscriber directly into the database via the designated state internet website or by using a touch-tone phone to enter the area code, phone number, and zip code of the subscriber via a designated statewide, toll-free telephone number maintained by the PAGE 31-HOUSE BILL 26-1426 designated agent as a part of the Colorado no-call list;

SECTIONSECTION32. 32.

InInColoradoRevisedStatutes,6-1-1103,amend(2) Colorado Revised Statutes, 6-1-1103, amend (2) introductory portion and (7) as follows:

(2) "Equity purchaser" means a person, other than a person who acquires a property for the purpose of using such property as his or her personalTHEpersonal THE PERSON 'SS OWN residence, who acquires title to a residence in foreclosure;

(7) "Home owner" means the owner of a dwelling who occupies it as his or herrincipalherA principal place of residence, including a vendee under a contract for deed to real property, as that term is defined in section 38-35-126 (1)(b).

SECTIONSECTION33. 33.

In ColoradoColoradoRevisedStatutes,6-1-1104,amend(5) Revised Statutes, 6-1-1104, amend (5) as follows:

-39- 1426 (5) A foreclosure consulting contract shall contain the following notice,AS DESCRIBED IN THIS SECTION OR AS ESTABLISHED UNDER SECTION 24-31-101 (1)(x)(III),(1)(z)(III), which shall be printed in at least fourteen-point bold-facedbold-facedtype,completedwiththenameoftheforeclosureconsultant,and type, completed with the name of the foreclosure consultant, and located in immediate proximityproximityto to the space reserved for the home owner's signature:

Notice Required by Colorado Law _______ (Name) or (his/her/itsIR(his/her/its THEIR ) associate cannot ask you to sign or have you sign any document that transfers any interest in your home or property to (him/her/itHEM(him/her/it THEM ) orTOor (his/her/iTHEIR)TO (his/her/itsTHEIR ) associate.

_______ (Name) or (his/her/THEIR(his/her/its THEIR ) associate cannot guarantee you that they will be able to refinance your PAGE 32-HOUSE BILL 26-1426 home or arrange for you to keep your home.

If you want to cancel this contract, mail or deliver a signed and dated copy of this notice of cancellation, or any other written notice, indicating your intent to cancel to ________________ (name and address of foreclosure consultant) at ______________________ (address of foreclosureforeclosureconsultant,includingfacsimileandelectronic consultant, including facsimile and electronic mail address).

Aspartofanycancellation,you(thehomeowner)mustAs part of any cancellation, you (the home owner) must repay any money actually spent on your behalf by __________________________________________(nameofforeclosureconsultant) (nameprior to receipt of foreclosurethis consultant)priortoreceiptofthisnoticeandasaresultnotice -40-and 1426as ofthisagreement,withinsixtydays,alongwithinteresta result of this agreement, within sixty days, along with interest at the prime rate published by the federal reserve plus twopercentagepoints,withthetotalinterestratenottotwo percentage points, with the total interest rate not to exceed eight percent per year.

ThisThisisanimportantlegalcontractandcouldresultinthe isloss an important legal contract and could result in thelossofyourhome.Contactanattorneyorahousing counselor approved by the federal department of housingyour andhome. urban development before signing.

Contact an attorney or a housing counselorapprovedbythefederaldepartmentofhousing and urban development before signing.

(1) THECTHE OLORADOCOLORADOPRIVACYACTADVISORYCOUNCIL PRIVACY,REFERREDTO ACT ADVISORY COUNCIL,REFERRED TO IN THIS SECTION AS TH"ADVISORYTHE "ADVISORY COUNCIL ",IS", IS CREATED IN THE DEPARTMENT OF LAW .

(a) ONEO NE MEMBER REPRESENTING A TECHNOLOGY COMPANY OR A STATEWIDE ORGANIZATION REPRESENTING TECHNOLOGY COMPANIES ;

(b) ONEO NE MEMBER REPRESENTING A STATEWIDE CONSUMER ADVOCACY ORGANIZATION THAT FOCUSES ON DATA PRIVACY AND TECHNOLOGY ;AND PAGE 33-HOUSE BILL 26-1426 (c) ONE MEMBER OF THE PUBLI.PUBLIC .

(2) THETHEMEMBERSOFTHEADVISORYCOUNCILSHALLELECTACHAIR MEMBERSAND OFVICE THE ADVISORY COUNCIL SHALL ELECT A CHAIR AND VICECHAIR FROM AMONG THE ADVISORY COUNCIL MEMBERS APPOINTED PURSUANT TO SUBSECTION (1)OF(1) OF THIS SECTION,SECTION , WHICH PRESIDING OFFICERS SHALL SERVE TERMS OF TWO YEARS .

ADVISORY COUNCIL MEMBERS MAY REELECT A PRESIDING OFFICE.OFFICER .

-41- 1426 (3) (a) ACHEACH MEMBER OF THE ADVISORY COUNCIL SERVES AT THE PLEASURE OF THE ATTORNEY GENERAL FOR A TERM OF THREE YEARS ;

(I) THET HE INITIAL MEMBER APPOINTED PURSUANT TO SUBSECTION (1)(a)OF THIS SECTION SHALL SERVE A TERM OF ONE YEA;ANDYEAR;AND (II) THE INITIAL MEMBER APPOINTED PURSUANT TO SUBSECTION (1)(b)OF THIS SECTION SHALL SERVE A TERM OF TWO YEAR.YEARS.

(b) THEATTORNEYGENERALMAYREAPPOINTAMEMBERTOSERVETHE ATTORNEY GENERAL MAY REAPPOINT A MEMBER TO SERVE NO MORE THAN THREE TERMS .

(c) M EMBERSOFTHEADVISORYCOUNCILMAYBEREIMBURSEDBYEMBERS OF THE ADVISORY COUNCIL MAY BE REIMBURSED BY THE DEPARTMENT OF LAW FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE CONDUCT OF OFFICIAL BUSINESS.

(4) TTHEADVISORYCOUNCILSHALLMEETATLEASTTWOTIMESEACH HE ADVISORY COUNCIL SHALL MEET AT LEAST TWO TIMES EACH YEAR TO DISCUSS EMERGING ISSUES IN DATA PRIVACY AND ANY MATTERS REFERREDREFERREDTOTHEADVISORYCOUNCILBYTHEATTORNEYGENERALFORTHE TO THE ADVISORY COUNCIL BY THE ATTORNEY GENERAL FOR THE ADVISORY COUNCIL S DISCUSSION.

(5) T HIS SECTION IS REPEALE,EFFECTIVEREPEALED ,EFFECTIVE SEPTEMBER 1, 2032.

BBEFORETHEREPEAL EFORE,THEADVISORYCOUNCILISSCHEDULEDFORREVIEWIN THE REPEAL,THE ADVISORYCOUNCILISSCHEDULEDFORREVIEW IN ACCORDANCE WITH SECTION 2-3-1203.

(1) Any A person who THAT , either as director, officer, or agent of PAGE 34-HOUSE BILL 26-1426 any firm or corporation or as agent of any person violating the provisions ofhisof articARTICLEthis articlARTICLE 2, assists or aids, directlyordirectly or indirectly, insuchinTHEch THEviolation violationshallbISresponsibleequallywiththeperson,firm,shall be IS responsible equally with the person, firm, or corporation for which heEhe THE PERSON acts.

-42- 1426 (2) In the prosecution of anyanyA A person as officer, director, or agent, ititshallbe shallISsufficienttoallegeandprovetheunlawfulintentoftheperson, besufficient to allege and prove the unlawful intent of the person, firm, or corporation for which heheTHE PERSON acts.

In any AN injunction proceeding or in the prosecution of aAyany A person as officer, director, or agent, it sISsufficientshallISesufficient to allege and provetheunlawfulintentofprove theperson,firm,orcorporationforwhichhethe unlawful intent of the person, firm, or corporation for which he THE PERSON acts.

Where a particular trade or industryindustryof of which the person, firm,firm,orcorporationcomplainedagainstisamemberhasanestablishedcost or corporation complained against is a member has an established cost survey for the locality and vicinity in which the offense is committed, the costcostsurveyshallbe surveyISdeemedcompetentevidencetobeusedinprovingthe shall bedeemed competent evidence to be used in proving the costs of the person, firm, or corporation complained against within the provisions ofisof this articlARTICLE 2.

SECTION37.SECTION 37.

InColoradoRevisedStatutes,6-2-110,amend(1)In Colorado Revised Statutes, 6-2-110, amend (1) introductory portion and (1)(a) as follows:

(1) TheTheprovisionsof provisionsSections6-2-105to6-2-107shall ofDO Sectionsnotapply 6-2-105 to 6-2-107 shalDO not apply to any sale made:

(a) In closing out in good faith the owner's stock or anyanypart part thereof forforthepurposeofdiscontinuinghis theTHEOWNER purpose'Stradeinanysuchstockor ofcommodity discontinuingand, hisE OWNER S trade in any such stock or commodityand, in the caseofcase of the sale of seasonal goods or the bona fide sale of perishable goods, to prevent loss to the vendor by spoilage or depreciation, if notice is given to the public thereof;

SECTION38.SECTION 38.

InColoradoRevisedStatutes,6-2-111,amend(2),In Colorado Revised Statutes, 6-2-111, amend (2), (3), (4), and (6) as follows:

-43-PAGE 142635-HOUSE BILL 26-1426 6-2-111.

(2) Without prejudice to the rights of any person, firm, private corporation,corporation,municipalcorporation,publiccorporation,ortradeassociation municipal corporation, public corporation, or trade association to bring an action, the attorney general of the state of Colorado,asanincidenttoandpowerofhisorheroffice,Colorado, haslikepowersas toan thoseincidenttoandpowerof providedhisorheroffice,haslikepowerstothoseprovided in subsection (1) of this section, and it is his or her ATTORNEYGENERALTHE ATTORNEY GENERAL 'Sduty, uponAupon showingbyanyperson,A showing by any person, firm, private corporation, municipal corporation, public corporation,corporation,ortradeassociationthatthere or trade association that there is reason to believe tAapersonthat any A person subject to the terms of this articleICLEarticle ARTICLE 2 is violating any term of sections 6-2-103 to 6-2-108 or section 6-2-110, to prosecute actions for violation of anyanyprovisions provisions of this articlTHEarticle, VIOLATIONTHEVIOLATION andandtoseekinjunctionsorrestrainingorders toANINJUNCTION seekORRESTRAININGORDER injunctionstoenjointhecontinuancethereof orbyanydefendant restrainingOF ordersN INJUNCTION OR RESTRAINING ORDER to enjoin the continuance thereof by any defendantF THE VIOLATION.VIOLATION .

(3) IfIfanyA anyperson,firm,privatecorporation,municipalcorporation, Apublic person, firm, private corporation, municipalor corporation,publiccorporation,ortradeassociation,inwritingandundertrade oath,association, submitsin towriting theand attorneyunder generaloath, asubmits statementtotheattorneygeneralastatementsettingforthfactssufficienttoconstitute setting forth facts sufficient to constitute a prima facie case ofolationof A violation of any of the provisions of sections 6-2-103 to 6-2-108 or any other provisions PROVISION of this article, it is mandatory uARTICLEupon ARTICLE 2, the attorney general toHALLtoSHALL seek injunctive reliefAorestrainingrelief orderORDERor torestraining enjointhecontinuanceofsuchordersORDER THEto violation.byanyperson,firm,privateenjoin corporation,the orcontinuance otherof organizationsuch soTHE violation.byanyperson,firm,privatecorporation,orotherorganizationso charged;

andthisand To this end, and for this purpose, the attorneyattorneygeneral general has the power toappearto MAY appear in his or herTHEher THE ATTORNEY GENERAL 'SS official capaciTOcapacity TO SEEK RELIEF in any courtinthestateofColorado,court havingjurisdiction.inthepremises,toseekin relief.the state of Colorado, having jurisdiction.

-44- 1426 (4) It is the duty of any A district attorney, in and for each of the judicialpremises, districts of the state of Colorado,equested in writing by the attorney general to adviseseek andrelief. consult with the attorney general concerning the institution and prosecution of such actions, and to ACTION DESCRIBED IN THIS ARTICLE2,SHALL act for the attorneygeneral inprosecutionofanysuch THE action.butHOWEVER ,theattorneygeneral has the power in his or her discretion tohoose, select, appoint, and recompensefromfunds MONEY providedforthepurposesofenforcement of the provisions ofis artiARTICLE 2anyattorney-at-law ATTORNEY admitted to practice in the state of Coloradospecial prosecutor who has full and complete power to act for the attorney general.

(6)(4) TheIt is the duty of any A district attorney, in and for each of the judicial districts of the state of Colorado, when requested in writing bythe attorneygeneraltoadviseandconsultwiththeattorneygeneralconcerning theinstitutionandprosecutionofsuchactions,andto ANACTIONDESCRIBED IN THIS ARTICLE 2,SHALL act for the attorney general mayin appointprosecution of any such personnelTHE asaction.butH mayOWEVER reasonablyberequiredtocarryout,theattorneygeneralhasthepowerinhisor her discretion tMAY choose, select, appoint, and recompense from funds MONEY provided for the functionspurposes prescribedof forhisorherenforcement THEof the provisions of this articleARTICLE 2anyattorney-at-law ATTORNEY GENERALadmittedtopracticeinthe 'Soffice.state of Coloradoas a special prosecutor who has full and complete power to act for the attorney general.

PAGE 36-HOUSE BILL 26-1426 (6) The attorney general may appoint such personnel as may reasonably be required to carry out the functions prescribed for his or her THE ATTORNEY GENERAL S office.

(1) Unless otherwise agreed, where unsolicited goodsgoodsaredelivered are delivered to a person, he has a right toRSONtoE PERSON MAY refuse to accept delivery of the goods and is not bound to return suchgoodssuch THE goods to the sender.

(2) If suchunsolicited goods are either addressed to or intended for the A recipient, they shallAREshall bARE deemed a gift to the recipient, who mayusethemordisposeofmay theminanymannerheuse THERECIPIENTthem seesfitor dispose of them in any manner he THE RECIPIENT sees fit without any obligation to the sender.

SECTIONSECTION40. 40.

InInColoradoRevisedStatutes,6-6.5-101,amend(1) Colorado Revised Statutes, 6-6.5-101, amend (1) and (3) as follows:

-45- 1426 6-6.5-101.

(1) At least fourteen days prior to closing the sale of any new residence for human habitation, every A developer or builder or their representativesEPRESENTATIVErepresentativesREPRESENTATIVE shallprovidethepurchaserwithacopyshallprovidethepurchaserwithacopyof asummaryreportof theanalysisandthesiterecommendations.Forsitesin which ASITEWHERE significantpotentialforexpansivesoils is recognized, thebuilderorhis THEBUILDER 'Srepresentativeshallsupplyeachbuyerwith a copy of a summarypublication reportdetailing ofthe problems associated with such soils, the analysisbuilding methods to address these problems during construction, and thesuggestions sitefor recommendations.care and maintenance to address such problems.

For(3) sitesThe inrequirements whichof SITEthis WHEREsection significant potential for expansive soils is recognized, the builder or his BUILDER'Srepresentative shall supplyDO eachbuyerwithacopyofapublicationdetailingtheproblemsassociatednot withapply such soils, the building methods to addressany theseindividualconstructingaresidentialstructureforhis problemsTHEINDIVIDUAL duringS construction,own andresidence. suggestions for care and maintenance to address such problems.

(3)SECTION The41. requirements of this section shall not apply to any individual constructing a residential structure for hisIVIDUAL S own residence.

SECTION41.In Colorado Revised Statutes, amend 6-10-102 as follows:

InColoradoRevisedStatutes,amend6-10-102asPAGE follows:37-HOUSE BILL 26-1426 6-10-102.

6-10-102.

Any person may make a general assignment for the benefit of his THE PERSON S'Screditors creditorsbydeed bydulyacknowledged. deed duly acknowledged.

When filed for record in the office of the clerk and recorder of the county where the assignor resides or, ifEifHE ASSIGNOR IS a nonresident, where hisTHE ASSIGNOR Sprincipalplaceofbusinessisinthisstate,suchdeedshallvestS VESTSprincipal place of business is in this state, such deed shVESTSein the assignee in trust for the use and benefit of such creditors all the propertypropertyof of the assignor, excepting onlyonlysuchROPERTY suchRTY as isisbylawnotsubjecttolevy byandsaleunderexecution,subject,however,toallvalidandsubsistingliens. law notsubjecttolevyandsaleunderexecution,subject,however,toallvalid and subsisting liens.

SECTION42.SECTION 42.

InColoradoRevisedStatutes,amend6-10-103asIn -46-Colorado 1426Revised Statutes, amend 6-10-103 as follows:

The AN assignorshallrendertosuANassignor assigneewithinfourdaysshall render to sucAN assignee within four days from AFTER the date of sTHEsaTHE assignment an inventoryinventoryunder under oath of his THE ASSIGNOR S property, to the best of hiTHEhTHE ASSIGNOR S knowledge, withINCLUDINGwith INCLUDING the estimated value thereof, and OFsoalsOF a THE PROPERTY .

HETHE ASSIGNOR SHALL ALSO RENDER A list of hTHE ASSIGNOR S'Screditors, creditors,giving giviINCLUDINGINCLUDING their names, residence and post-officeaddressSIDENCES,ANDPOSTpost-office -OFFICEADDRESSES,ifknown,address RESIDENCES , AND POST -OFFICE ADDRESSES , if known, and the amount of their respective demands.

SuchESuch T HE ASSIGNOR S'S inventory shall not beMEDbe DEEMED TO BE conclusive of the amount of the assignor's estate, nor shall thetheomissionofanypropertyfromsuch omissionTHE ofinventorydefeattheassignment any propertyTHEom such inventory defeat the assignment or conveyance of the sameYsame PROPERTY .

SECTION43.SECTION 43.

InColoradoRevisedStatutes,amend6-10-104asIn Colorado Revised Statutes, amend 6-10-104 as follows:

NosuchNo Adeedofgeneralassignmentofpropertybyaninsolvent,such A deed of general assignment of property by an insolvent, or in contemplation of insolvency, for the benefit of creditors, shall be NOT valid unless by its terms it is made for the benefit THEallof hisall hTHE INSOLVENT S'S creditors in proportion to the amount of their respective claims.

SECTION44.SECTION 44.

InColoradoRevisedStatutes,amend6-10-106asIn Colorado Revised Statutes, amend 6-10-106 as PAGE 38-HOUSE BILL 26-1426 follows:

The ANA assigneeshallfilewiththeclerkofthedistrictcourtoftheN assignee shall file with the clerk of the district court of the county in which suchTHEsuch THE deed of assignment is recorded a true and completecompleteinventoryandvaluationofthepropertyofthesaid inventoryassignor,under andoath, valuationso offar as the propertysame ofPROPERTY thehas saidr,come -47-to 1426his underTHE oath,ASSIGNEE so'S farknowledge, aswithin thea PROPERTYperiod hasnot come to hTHEexceed ASSIGNEE'Ssix knowledge,withinaperiodnottoexceeddays sixdaysfromfroAFTER AFTERthe thedateofdate of the filing of the deed of assignment.

andSSIGNEEandHE shalALSOASSIGNEE shallALSO make and file a bond to the state of Colorado,theColorado,for the use of the creditors in double the amount of the inventory and valuation, with sureties to be approvedbysuchapproved by such THE clerkforthefaithfulperformanceofclerk saTHEfor the faithful performance of sTHE trust and for a full and complete accounting for andlland of all property that may come into his hands as such assignee.

Such THE ASSIGNEE'SASSIGNEE POSSESSIO.S POSSESSION .

TTHE HEassignee assigneehasnoauthoritytoSHALLNOThas no authority tSHALL NOT sell or disposeof,orconvertdispose of, or convert to the purposes of the trust, any part of suchestatesuchTHE estate until THEheTHE ASSIGNEE has complied with the provisions of this section.

SECTION45.SECTION 45.

InColoradoRevisedStatutes,amend6-10-107asIn Colorado Revised Statutes, amend 6-10-107 as follows:

An assignee named and qualifiedqualifiedunderthisarticleshallbe under this article shall be ARTICLE 10 ISdeemed to be anofficerofan court.Anyinterferencewiththeofficer assignee in the discharge of hiscourt. ASSIGNEE S duties is contempt of court, and no suit against the assignee in relation to or concerning the propertyassignedshalNOT beinstitutedagainsttheassigneewithoutfirst obtainingUNLESS THE PLAINTIFF FIRST OBTAINSpermission of the court within and for the county in which the assignment is made.

SECTION46.Any interference with the assignee in the discharge of hisHE ASSIGNEE S duties is contempt of court, and no A suitagainsttheassigneeinrelationtoorconcerningthepropertyassigned shallNOT be instituted against the assignee without first obtaiUNLESS THE PLAINTIFF FIRST OBTAINS permission of the court within and for the county in which the assignment is made.

InColoradoRevisedStatutes,amend6-10-109asSECTION follows:46.

In Colorado Revised Statutes, amend 6-10-109 as follows:

The A NassigneeshallforthwitPROMPTLYN givenoticeofsuchANassignee shall forthwitPROMPTLY give notice of suchAN assignment by publication for four weeks in somenewspapersome A newspaper in the county,county,ifany,and,if ifTHEREIS any,none,theninthenearestcounty.thereto.The and,PAGE ifRE39-HOUSE ISnone,BILL then26-1426 inassignee shall also forthwith PROMPTLY send a notice by mail to each creditor of whomheshall be informed THE ASSIGNEE ISAWARE , directed to his THE CREDITOR S usual place of residence, stating the nearestestimate county.of the aggregate value of all the propertyof the assignor,ATING the estimate of the amount of his THE ASSIGNOR 'S liabilities, and notifying eachTHE creditor to present hiTHE CREDITOR 'S claim, under oath, to the assignee within three months from AFTER the mailing of suchTHE notice.

thereto.It is the dutyofeachcreditortopresenthis THECREDITOR S claiminthemannerand within the time mentioned in the notice.

-48-Claims 1426filed Theassigneeshallalsoforthwithwithin PROMPTLYthe sendanoticebymailtoeachfirst creditorthree ofmonths whom he shall behave informedEpriorityover ASSIGNEEthose ISfiled AWAREthereafter, ,unless directeda tohisTHECREDITORcreditor 'Susualplaceofresidence,statingtheestimateofthecan aggregateshow, valueto of all the propertyofsatisfaction the assignor,NG the estimate of the amountcourt, ofthat hisHEheCREDITOR ASSIGNORnever 'Sreceived liabilities, and notifying THEh creditor to present his CREDITOR 'Sclaim, under oath, to the assignee within three months fromAFTER the mailing of sucTHE notice.

ItProof isof notice by mail shall be made by affidavit by the dutyassignee ofgiving eacha creditorlist toof presentTHEcreditors CREDITORand Sthe claimname inof the mannerpost andoffice where notice was sent within theten timedays mentionedafter inthe mailing of the notice.same.

ClaimsProof filedof within the firstnotice threeby monthspublication shallhaveshall prioritybe overmade thoseby filedaffidavit thereafter,of unlessthe aprinter creditoror canpublisher show,withintendaysafterthelastpublicationorno tofeesshallNOT thebeallowedthe satisfactionassignee offor thesuch court,notice thatby heDITORmail neveror receivedpublication. the notice.

ProofSECTION of47. notice by mail shall be made by affidavitbytheassigneegivingalistofcreditorsandthenameofthepost officewherenoticewassentwithintendaysafterthemailingofthesame.

ProofofthenoticebypublicationshallbemadebyaffidavitoftheprinterIn orpublisherwithintendaysafterColorado thelastpublicationornoRevised feesshallNOTStatutes, beamend allowed6-10-110 theas assigneefollows: for such notice by mail or publication.

SECTION47.

InColoradoRevisedStatutes,amend6-10-110as follows:

At the expiration of three months fromTERfrom AFTER the time of the first publicationandthemailingofnotice,thepublication ANand assigneeshallreportandfilethe mailing of notice, theN assignee shall report and file with the clerk of the court a true and complete list, under oath, of all the creditorscreditorsoftheassignorwho ofTHAT thehavefiledtheirclaims,theplaceoftheir assignor whoAT have filed their claims, the place of their residence, the amount claimed, and the amount and value, if any, of anysecurityheldany byanysuchsecurity held by any such creditor.

He THET HE ASSIGNEE shall also file a statement of all hisHE ASSIGNEE S'Sproceedings proceedings with reference to the -49- 1426 trust, showing what money has come into his handsTHEhands ASSIGNEE'STHE ASSIGNEE 'S POSSESSION and all the disbursements therOFthereofOF SUCH MONEY .

SECTION48.SECTION 48.

InColoradoRevisedStatutes,amend6-10-111asIn Colorado Revised Statutes, amend 6-10-111 as follows:

Any INTERESTED person interested maymayappear appear before a dividend is made and file with the clerk any exceptionsXCEPTIONexceptionsAN EXCEPTION to theA claim orAPAGE 40-HOUSE BILL 26-1426 or A demand of anyAany A creditor.

The clerk shall immediately cause notice thereofFTHEthereof OF THE EXCEPTION OR DEMAND to be given to the creditor, which NOTICE shallshallbeservedandreturnedasinthecaseofasummons.Withinthe betime servedallowed andto returnedanswer as in an action at law, the casecreditor ofshall afile summons.his CREDITOR S reply.

WithinThe court shall designate the time allowedfor tothe answerhearing inand anshall action at law,such time hear the creditorallegations shalland fileproof hiTHEoffered CREDITORand Sreply.shaller a just judgment.

The court shall designate the time for the hearing and shall at such time hear the allegations and proof offered and shallrender a just judgment.

SECTION49.SECTION 49.

InColoradoRevisedStatutes,amend6-10-112asIn Colorado Revised Statutes, amend 6-10-112 as follows:

If noAN exceptionexceptionis iNOTNOT mademadetoaclaimfiled, to a claim filed, or iAif claimthe hasbeenfavorablyadjudicated,thecourtshallenterjudgmentinfavorofA theclaimhas creditorbeen andfavorably againstadjudicated, the assignorcourt forshall theenter amountjudgment claimedin andfavor foundof duethe andcreditorandagainsttheassignorfortheamountclaimedandfounddueand order the assignee to make from time to time fair and equal dividends among the creditors of the assets in his handsIGNEE'ShandsE POSSESSIONASSIGNEE ,in'S POSSESSION, in proportion to their respective claims, and, as soonasmaysoon as may be, to render a full account of saidrustsaidTHE trust to the court.

The court may allowsuchcompensationorcommissions,followingasnearlyaspossibleallow such compensation or commissions, following as nearly as possible the compensation allowed executors for like services, as maybe just and right.

-50-SECTION 142650. SECTION50.

InColoradoRevisedStatutes,amend6-10-116asIn Colorado Revised Statutes, amend 6-10-116 as follows:

The ANA assigneeshallbeISsubjecttotheorderandsupervisionofN theassignee courtshall atbeISsubject allto timesthe and,order byand citationsupervision orof attachment,thecourtatalltimesand,bycitationorattachment,maybecompelled,from may be compelled, from time to time, to file reports of hisIGNEEhisHE ASSIGNEE S proceedings and the situation and condition of the trust and to proceed in the faithful executionofthedutiesrequiredbythisarticlARTICLEexecution 10tokeepcorrectof booksofthe accountopentotheduties inspectionofBYrequired thecourt,orBYby anypersonthis orhisarticle,ICLE attorneynterested10 into sTHEkeep estate,correct Allbooks conveyancORBYSUCHof PERSON'Saccount open to the inspection of BY the court, orBY any person or his attorneyinterestedinsaidTHE estate,Allconveyances ORBYSUCHPERSON S ATTORNEY .

ACONVEYANCEA CONVEYANCE of real estate and all saORsalesOR A SALEofSALE of personal propertybytheproperty assignTHATby the assignee THAT IS not in the usual course of business,business,asconductedbytheassignor,shall asMUST conductedbeapprovedbythecourt bythe assignor, shallbe approved bythe court before suchHEsuch THE CONVEYANCE OR sale shall bISvalid.bIS valid.

SECTION51.PAGE 41-HOUSE BILL 26-1426 SECTION 51.

InColoradoRevisedStatutes,amend6-10-117asIn Colorado Revised Statutes, amend 6-10-117 as follows:

If theNtheAN assignee named in the deed fails or neglects to file an inventoryandvaluationinventory and valuation and give bond for the periodofperiod tendaysafterthe making of anyten ANdays assignment,after orthe ifmakingofany hTHEAN ASSIGNEEassignment,orifhe diesTHEASSIGNEE beforediesbeforetheclosing the closing of hisEhisTHE ASSIGNEE S'Strust trust or is removed from the execution of the trust, the court upon the application of any person interested may appoint an assigneeassigneetoexecutesuch THE trust.Suchappointee,Whenhe ANAPPOINTED ASSIGNEE has qualified as provided in this article shall ARTICLE 10, THE APPOINTED ASSIGNEE HAS all the rights, powers, and authority and be ISsubject to executethe suchsame trust.restrictions and obligations as an original assignee.

SuchSECTION appointee,52. When he AN APPOINTED ASSIGNEE has qualified as provided in this article shall haveARTICLE 10, THE APPOINTED ASSIGNEE HAS all the rights, powers, and authorityand beSsubject to the same restrictions and obligations as an original assignee.

-51-In 1426Colorado SECTION52.Revised Statutes, amend 6-10-119 as follows:

InColoradoRevisedStatutes,amend6-10-119as follows:

The ANA N assignee has all the rights, power, and authority of the assignor necessarytonecessary fullyexecuteto suchrust,todemandfully execute suchHE trust, to demand and sue for anypropertybelonginganypropertybelongingtosuch toTHE suchEestate,andtoexecutevalidreceipts.and THE ASSIGNEE , by deed duly acknowledged by him THE ASSIGNEE , in his THE ASSIGNEE 'Sown name, as assignee, may convey any of the estate, real and personal, subject to executeapproval validas receipts.stated in section 6-10-116.

andWhere THEASSIGNEEthe ,bydeeddulyacknowledgedbyhimassignee THEASSIGNEEhas ,inbeen hisTHEASSIGNEEappointed Sownname,asassignee,mayconveyanyofby theestate,the realcourt andin personal,place subjectof an assignee removed, it shall be his THE ASSIGNEE S duty to approvalcompel asby statedsuit, inor sectionthe 6-10-116.peremptory order of the court, the delivery of the trust estate and the property, or the valuethereof,that has been wasted or misapplied bythepreviousassignee.

WhereSECTION the53. assignee has been appointed by the court in place of an assigneeremoved,itshallbehisSTHEASSIGNEES dutytocompelbysuit, or the peremptory order of the court, the delivery of the trust estate and the property, or the value thereof, that has been wasted or misapplied by the previous assignee.

SECTION53.In Colorado Revised Statutes, amend 6-10-121 as follows:

InColoradoRevisedStatutes,amend6-10-121as follows:

The ANA N assignee, fromtimetotime,shallfilewiththeclerkoffrom time to time, shall file with the clerk of the court an inventory and valuation of any additional property which may come THATTHATCOMES COMESintohishands intoTHEASSIGNEE his'SPOSSESSION hanTHEafterthefirst ASSIGNEES POSSESSIONafter the first inventory, and the judge, or, in hisEShisE JUDGE S absence, the clerk, may PAGE 42-HOUSE BILL 26-1426 thereupon require the assignee to give additional security.

SECTION54.SECTION 54.

InColoradoRevisedStatutes,amend6-10-122asIn Colorado Revised Statutes, amend 6-10-122 as follows:

The court, upon the application of theassignee,the AN assignee, or of any creditor,maycompeltheappearanceinpersonofcreditor, thedebtor,oranyothermay -52-compel 1426the appearance in person of the debtor, or any other witness, before the court, or a commissioner appointed bybythe the court, at any time designated, to answer under oath such matters as may be inquired of him.him.Such THEDEBTOROROTHERWITNESS .T HE debtororotherwitnessmay thenbefullyexaminedunder oath as totheamountandsituationof his THE DEBTOR 'S OR OTHER WITNESS S property, the payments and conveyances made byhim THE DEBTOR OR OTHER WITNESS , and the names and places of residence of creditors and the amounts due to each.

SuchTHEThe DEBTORcourt, ORupon OTHERlike WITNESSapplication, .may compel the debtor to deliver to the assignee any property or estate embraced in the assignment.

THESECTION debtor55. or otherwitnessmaythenbefullyexaminedunderoathastotheamountand situationofhisHEDEBTOR SOROTHERWITNESS Sproperty,thepayments and conveyances made by him THE DEBTOR OR OTHER WITNESS, and the names and places of residence of creditors and the amounts due to each.

TheIn court,Colorado uponRevised likeStatutes, application,amend maycompel6-10-123 theas debtorfollows: to deliver to the assignee any property or estate embraced in the assignment.

SECTION55.

InColoradoRevisedStatutes,amend6-10-123as follows:

No ANA N assignment shall be IS NOT invalid because of misappropriation of the propertypropertyof of the debtor bybyhimHE himBTORDEBTOR prior to thetheassignment,buttheassigneemayrecoversuch assignment,THE butpropertyifsoITWAS themisappropriated assigneein mayfraud recover suchroperty if so ITWAS misappropriatedinfraudofthisarticlARTICLE10.Nothinginthis article shall invalidateTICLE 10 INVALIDATES any conveyance or mortgage of property,this realartARTICLE or10. personal, by the debtor before the assignment, made in good faith, for a valid and valuable consideration.

SECTION56.Nothing in this article shall invalidatARTICLE 10 INVALIDATES any conveyance or mortgage of property, real or personal, by the debtor before the assignment, made in good faith, for a valid and valuable consideration.

InColoradoRevisedStatutes,amend6-10-125asSECTION follows:56.

In Colorado Revised Statutes, amend 6-10-125 as follows:

ThemajorityinThe majority in number and value of the creditors mayappoint,inmay appoint, in writing, an attorney-at-lawORNEYattorney-at-lawTTORNEY to represent the estate before the court.Theattorney,ifappointed,shallexamineallreportsandinventoriescourt. and books of the assignee and inquire fully as to the conduct of the assignee in the discharge of hisASSIGNEES trust.

HeHEThe ATTORNEYattorney, -53-if 1426appointed, mayshall appearexamine forall thereports assigneeand ininventories allPAGE suits43-HOUSE inBILL behalf26-1426 ofandbooksoftheassigneeandinquirefullyastotheconductoftheassignee theinthedischargeofhis assigneeTHEASSIGNEE inStrust.HeT securing,HEATTORNEY preserving,mayappear fortheassigneeinallsuitsinbehalfoftheassigneeinsecuring,preserving, or defending the estate, butORNEYbutHE ATTORNEY shall appear in behalf of the creditors in all suits, examinations, or inquiries as to the accounts or the conduct of the assignee concerning the estate.

SECTION57.SECTION 57.

InColoradoRevisedStatutes,amend6-10-128asIn Colorado Revised Statutes, amend 6-10-128 as follows:

The AN assigneeassigneeshallclosehis shallTHEASSIGNEE closeTHEStrustwithinoneyear ASSIGNEESfrom trustAFTER withinthe onefiling yearfromof AFTERthethe filingdeed of assignment unless the deedofcourt, assignmentunlessthecourt,forfor good cause shown, extends the time.

SECTION58.SECTION 58.

InColoradoRevisedStatutes,amend6-10-131asIn Colorado Revised Statutes, amend 6-10-131 as follows:

Any A creditor may maintain an action on the bond ofANheof assigneeforanydamagessuchthe THEcreditormayhavesustainedbyreasonAN ofTHEassignee for any damages suchTHE creditor may have sustained by reason of THE assignee's acts orTHEor ASSIGNEEShTHE ASSIGNEE S failure to act.

SECTION59.SECTION 59.

InColoradoRevisedStatutes,amend6-10-154asIn Colorado Revised Statutes, amend 6-10-154 as follows:

(1) When any difficulty is encountered by theassignee in converting the assignedAN propertyassignee ofin anyconvertingtheassignedpropertyof assignment, or any partAN thereof,assignment,oranypartthereof, into cash on account of there being no sufficient market thereforthereforTHE FORTHE PROPERTY ,,or or for anyother good reason, the court maydirect bybysuchorder such order as described in section 6-10-153 the distribution of such property in kindkindamongthecreditorselectingtotakeproperty.Creditorsnotelectingto amongtakepropertyshallbepaidanequalprorataincash,fixingbyappraisement or sworn evidence in courts such price or value upon each piece, parcel, or item of property as shall make it bear and pay its proportion of the entire PAGE 44-HOUSE BILL 26-1426 indebtedness of the estate, and as shall bIS just and equitable between the assignor and the creditors electingand toall takepersons property.interested in the assigned estate.

Creditors(2) -54-When 1426the notelectingtotakepropertyshallbepaidanequalprorataincash,fixingcourt byauthorizes appraisementthe orassignee swornto evidenceexchange in courts such priceTHE orproperty valuein uponpayment eachof piece,the parcel,proved orindebtedness item of propertythe asestate shallat makethe itprices bearso andfixedASDESCRIBEDINSUBSECTION pay(1) itsOFTHISSECTION proportion,andwhen,inthe opinion of the entirecourt, indebtednessthe best interests of the estate,estate andare aspromoted shallthereby, beitTHE andCOURT equitablemay betweenorder the assignorassignee andto thefirst creditorsoffer andsuch allTHE personsproperty interestedat inpublic theauction. assigned estate.

(2)and, Whenin thethat courtcase, authorizesit theSUCH assigneeCASE to,THE exchangeCOURT suchshall propertyinprovide paymentby ofits order the provedindebtednessofkind theestateattheprices sofixed AS DESCRIBED IN SUBSECTION (1)OF THIS SECTION, and when,form in the opinion of thenotice court,to thebe bestgiven interests of thesuch estateTHE aresale. promoted thereby, itHE COURT may order the assignee to first offer suTHE propertyat public auction.

and,The inassignee thatat caINsuch SUCHTHE CASEsaleshallofferandsellthe ,THEpropertyto COURTthe shallhighest provideand byitsbest orderbidder thetherefor kindin andproved formaccounts ofagainst noticethe toestate, beand givenhe ofTHE suchASSIGNEE THEshallnotacceptanybidlowerthanthepricefixedbythecourton sale.the property.

The assignee at suTHE sale shall offer and sell the property to the highest and best bidder therefor proved accounts against the estate, and heHE ASSIGNEE shall not accept anybid lower than the price fixed by the court on the property.

SECTIONSECTION60. 60.

InInColoradoRevisedStatutes,6-12-104,amend(2), Colorado Revised Statutes, 6-12-104, amend (2), (3), and (5) as follows:

(2) If the attorney general has reasonable cause to believe that a person has engaged in an act that is subject to this article12,articleRTICLE the12, attorney general may make an investigation to determine if the actattorneygeneralmaymakeaninvestigationtodetermineif hastheacthasbeen been committed, and, to the extent necessary for this purpose, may administer oaths or affirmations, and, upon his or herEherTHE ATTORNEY GENERAL 'SS own motion or upon request of any party, may subpoena witnesses and compel theirtheirattendance,adduceevidence,andrequiretheproductionofanymatter attendance,that adduceis evidence,relevant andto require the -55-investigation, 1426including productionofanymatterthatisrelevanttotheinvestigation,includingthethe existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonablycalculatedreasonably calculated to lead to the discoveryofdiscoveryofadmissibleevidence.Inanycivilactionbroughtbytheattorney admissiblegeneralasaresultofsuchaninvestigation,theattorneygeneralmayrecover evidence.the reasonable costs of making the investigation if the attorney general prevails in the action.

In(3) anyIf civiltheA actionperson'srecordsarelocatedoutsidethisstate,theperson broughtat byhis theor attorneyher generaloptionshall aseither amake resultthem ofavailable suchto anthe investigation,attorneygeneral theat attorneya generalconvenient maylocation recoverwithin this state or pay the reasonable costsand ofnecessary makingexpenses for the investigationattorney ifgeneral or the attorney general's PAGE 45-HOUSE BILL 26-1426 representativetoexaminethemattheplacewheretheyaremaintained.The attorney general prevailsmay indesignate therepresentatives, action.including comparable officialsofthestateinwhichtherecordsarelocated,toinspectthemonthe attorney general's behalf.

(3)(5) IfThe theAattorneygeneral person'sshall recordsnot aremake locatedpublic outside this state, the personathisorheroptionname shalleithermakethemavailabletotheattorneyor generalidentity atof a convenientperson locationwhose withinacts thisor stateconduct he or payshe theTHE reasonableATTORNEY andGENERAL necessaryinvestigates expensespursuant forto thethis attorneygeneralsection or the attorneyfacts general'sdisclosed representativein tothe examineinvestigation,butthissubsection(5)doesnotapplytodisclosuresinactions themor atenforcement theproceedings placepursuant whereto theythis arearticleTICLE maintained.12.

Theattorneygeneralmaydesignaterepresentatives,includingcomparableSECTION61. officials of the state in which the records are located, to inspect them on the attorney general's behalf.

(5)InColoradoRevisedStatutes,6-13-104,amend(3) Theas attorneyfollows: general shall not make public the name or identity of a person whose acts or conduct he or she ATTORNEY GENERAL investigatespursuanttothissectionorthefactsdisclosedinthe investigation, but this subsection (5) does not apply to disclosures in actions or enforcement proceedings pursuant to this article 12.

SECTION 61.

In Colorado Revised Statutes, 6-13-104, amend (3) as follows:

(3) A proprietor shall not bring a counterclaim against any party exceptexcepttheoriginalcomplainant,and,ifsuch theA originalcomplainantisaperforming complainant,rights and,society, ifPROPRIETOR suchASHALL complainantNOT isBRING a performingrightssociety,PROPRIETORSHALLNOTBRINGcounterclaim acounterclaim -56- 1426 shall not be brought against anyanycopyrightownerinhisorher copyrightTHE owner in his or hTHE COPYRIGHT OWNER S individual capacity.

SECTIONSECTION62. 62.

InInColoradoRevisedStatutes,6-15-102, Coloradoamend(1) Revised Statutes, 6-15-102, amend (1) introductory portion, (2), and (4) as follows:

(1) Notwithstanding anyanycustom, custom, practice, or usage of the trade andORand anyofOR any of the provisionPROVISIONprovisions PROVISION of section 4-2-326 C.R.S., to the contrary, whenever an artist delivers or causes to be delivered a work of fine art of hishisE ARTISTSARTIST S own creation to an art dealer for the purpose of exhibitionexhibitionorsaleonacommission,fee,orotherbasisof orcompensation,the saledeliverytoandacceptancethereof onOFTHEWORK abytheartdealerisdeemed commission, fee, or other basis of compensation,thedeliverytoandacceptancethereofOFTHEWORK bythe art dealer is deemed to place the work on consignment and:

(2) NotwithstandingthesubsequentpurchaseofaworkoffineartNotwithstanding the subsequent purchase of a work of fine art by theAthe A consignee directly or indirectly foTHEfor hisTHE CONSIGNEE 'SownS account,theAworkown initiallyreceivedaccount,the onconsignmentshallbISdeemedA toworkinitiallyreceivedonconsignmentshallbe ISdeemedto remain trust property until the price is paid in full to the consignor.

If suchTHEsuch workPAGE is46-HOUSE thereafterBILL resold26-1426 toTHE aworkisthereafterresoldtoabonafidethirdpartybeforetheconsignor bona fide third party before the consignor has been paid in full, the proceeds of the resale are trust funds inthehandsPOSSESSIONin the hands POSSESSION of theconsigneeforthebenefitofthe theconsignorconsignee for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor, and such THE trusteeship shall continuCONTINUES until the fiduciary obligation of the consignee with respect to suchEsuchTHE transaction is discharged in full.

(4) AnAnartdealerisstrictlyliableforthelossof art dealer is strictly liable for the loss of or damage totoawork aof workoffine fineartwhileitisinhisTHEARTDEALERart 'Spossession.Thevaluewhile oftheworkofit fineartis,forthepurposesofthissubsection(4),thevalueis -57- 1426 established in ahisART writtenDEALER agreementS betweenpossession. the artist and the art dealer prior to the loss or damage of the work.

SECTION63.The value of the work of fine art is, for the purposes of this subsection (4), the value establishedinawrittenagreementbetweentheartistandtheartdealerprior to the loss or damage of the work.

InColoradoRevisedStatutes,amend6-15-208asSECTION follows:63.

In Colorado Revised Statutes, amend 6-15-208 as follows:

In addition to any judicial relief, anynanyperson whoTHATwho THAT suffers financial injuryorinjury or damages byreasonby reason of anything forbiddenTforbiddenANY ACT OR OMISSIONPROHIBITEDOMISSION inthispart2maysueindistrictcourtandmayPROHIBITED FILEin this part 2 may sue in district court andFILE A CIVIL ACTION TOrecoverTO recover actual damages sustained by him oTHEeror PERSONher andTHE thePERSON costandthecostofsuit ofTHEACTION suTHE,includingreasonableattorneyfees. ACTION, including reasonable attorney fees.

SECTIONSECTION64. 64.

InInColoradoRevisedStatutes,6-16-103,amendthe Colorado Revised Statutes, 6-16-103, amend the introductory portion and (7) introductory portion as follows:

As used in this articleICLEarticleARTICLE 16, unless the context otherwise requires:

(7) "Paid solicitor" means a person who, for monetary compensation,compensation,performsanyserviceinwhichcontributionswillbesolicited performsinthisstatebysuch anyTHE servicecompensatedpersonorbyanycompensated in which contributions will be solicited in this state by suchE compensated person or by any compensated OTHER person he or shTHATshe THAT THE COMPENSATED PERSON employs, procures, or engages to solicit for contributionsNGEcontributionsEXCHANGE FOR COMPENSATION .

SECTION65.SECTION 65.

InColoradoRevisedStatutes,6-16-104.6,amendIn Colorado Revised Statutes, 6-16-104.6, amend PAGE 47-HOUSE BILL 26-1426 (7) introductory portion and (7)(i) as follows:

(7) No later than fifteen days before the commencement of a -58- 1426 solicitation campaign, tAepaidthe A paid solicitor shall file with the secretary of stateacompletedsolicitationnotice,onformsprescribedbythesecretarystate a completed solicitation notice, on forms prescribed by the secretary of state, containing the following information:

(i) Acertificationstatement,signedandaffirmedunderpenaltyofA certification statement, signed and affirmed under penalty of perjury as defined in section 18-8-503 by an officer of the charitable organizationonthebehalforganization on the behalf of whomthesolicitationcampaignistooccur,whom statingthatthesolicitationnoticeandaccompanyingmaterialaretrueandthe solicitation campaign is to occur, stating that the solicitation notice and accompanying material are true and complete to the best of his or herherTHE OFFICER'Sknowledge.OFFICER S knowledge.

SECTIONSECTION66. 66.

InInColoradoRevisedStatutes,6-16-106,amend(1) Colorado Revised Statutes, 6-16-106, amend (1) introductory portion and (4) as follows:

(1) InadditiontoanyrightotherwiseprovidedbylawwithrespectIn addition to any right otherwise provided by law with respect to the binding nature of an agreement or pledge to make a charitable contribution, a contributor shall have the right to MAY cancel hisTHEhis THE CONTRIBUTOR S'S agreement or pledge to contribute as follows:

(4) A particular form shall ISnotIS not be required for a notice of cancellation, and such A notice shall beISsufficientbe IS sufficient if it indicates the intention of the contributor to cancel hisCONTRIBUTORhis 'SpledgeTHE CONTRIBUTOR S pledge to contribute.

SECTIONSECTION67. 67.

InInColoradoRevised ColoradoStatutes,6-16-111,amend(1) Revisedintroductoryportion,(1)(d),(1)(e),(1.5) Statutes,introductoryportion, 6-16-111,(1.5)(a),and amend (1)introductoryportion,(1)(d),(1)(e),(1.5)introductoryportion,(1.5)(a), and (1.5)(b) as follows:

(1) A person commits charitable fraud if he or sheEshe THE PERSON :

(d) WithWiththeintenttodefraud,knowinglysolicitscontributionsand, thePAGE intent48-HOUSE toBILL defraud,26-1426 knowingly solicits contributions and, in aid of such solicitation, assumes, or allows to be assumed, a false or fictitious identity or capacity, except for a trade name or trademark -59- 1426 registered in this state by that person THEor his PERSON S'S employer;

(e) KnowinglyfailstocreateandmaintainallKnowingly fails to create and maintain all records required by section6-16-109tobecreatedandmaintainedorknowinglyfailstomakesection available6-16-109 saidSUCHto recordsbe forcreated examination and photocopyingmaintained ator theknowingly officefails to make availablesaid SUCH recordsforexaminationandphotocopyingattheoffice of the district attorney or at hisERSONhis SPERSON own'Sown office in this state, with copying facilities furnished free of charge, within five days after a written demand for the production of saidHEsaid THE records by the district attorneyorattorney or within twentydaystwenty days with respect to records kept out of state;

(1.5) Apersoncommitscharitablefraudif,heorshe,A inthecourseperson ofcommits orcharitable infraud furtheranceif, ofhe aor solicitation,Eshe,in PERSONthe misrepresentscourse to,oforinfurtheranceofasolicitation, misleads,THEPERSON misrepresentsto,misleads, makes false statements to, or uses a name other than the solicitor's legal name in communicating with a person being solicited in any manner that would lead a reasonable person to believe that:

(a) If thethepersonbeingsolicitedmakesa person being solicited makes a contribution, he or she THE PERSON will receive special benefits or favorable treatment from a police, sheriff,sheriff,patrol,firefighting,orotherlawenforcementagencyordepartment patrol, firefighting, or other law enforcement agency or department of government;

(b) If thepersonbeingsolicitedfailstomakeacontribution,heorthe sheTHEPERSONperson willreceiveunfavorabletreatmentfromapolice,sheriff,being solicited fails to make a contribution, he or she THE PERSON will receive unfavorable treatment from a police, sheriff, patrol, firefighting, or other law enforcement agency or department of government;

InInColoradoRevisedStatutes,6-16-112,amend(1) Colorado Revised Statutes, 6-16-112, amend (1) as follows:

(1) Any Apersonrequiredunderthisarticle16toregisterwiththeA person required under this article 16 to register with the secretary of state shall, in his or herERSONherHE 'SinitialPERSON 'S initial registration or -60-application 1426and applicationandineveryrenewal,provideanaddressofrecord.Unlessthein registrantevery designatesrenewal, provide an alternative address, the address of recordrecord. is the registrant's principal place of business.

SECTIONUnless 69.the registrant designates an alternative address, the address of record is the registrant's principal place of business.

InSECTION69. Colorado Revised Statutes, 6-19-203, amend (1) and (2) introductory portion as follows: