Colorado 2026 Regular Session Status: Enacted 8 D cosponsors

HB 1188 — Sunset Process Securities Regulation

Last action — Governor Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2026. Enacted.

Signed by Governor Jared Polis (Democratic) on May 29, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 15 sponsors

    4 primary, 11 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (8 D).

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill extends the division of securities and updates the process for issuing cease-and-desist orders.

This bill continues the division of securities and the securities board until 2037. It changes how cease-and-desist orders and license suspensions are issued, allowing the commissioner more authority and adjusting the timeline for hearings.

What this means for you
  • Workers: This may impact workers in the financial sector by maintaining regulatory oversight of investment advisers.
  • Consumers: Consumers may benefit from clearer regulations surrounding investment advisories and stronger enforcement against non-compliance.
  • Small Business: Small businesses involved in investment may need to ensure compliance with updated licensing requirements.

Summary

The act implements the recommendations of the department of regulatory agencies (department) in its 2025 sunset review and report by continuing the division of securities and the securities board until 2037. In connection with continuing these entities, the act:Clarifies that deficiency letters and communications concerning a deficiency letter are not public documents that may be inspected under the 'Colorado Open Records Act';Requires that an investment adviser or an investment adviser representative doing business in Colorado must be licensed by the securities commissioner (commissioner) unless otherwise exempt;Specifies that the executive director of the department must consult with the securities board when appointing the commissioner; andUpdates statutory language to be gender neutral.     The act revises the process by which a cease-and-desist order is issued or a license is summarily suspended. Under the previous law, the commissioner issued a cease-and-desist order or conducted a summary license suspension by issuing an order to show cause as to why a cease-and-desist order or license suspension should not be issued. After appropriate notices were given, a hearing was scheduled with the securities board or an administrative law judge. At the hearing, it was determined whether to issue a cease-and-desist order or suspend the license and what form the order or suspension would take. The act changes this process to authorize the commissioner to issue a preliminary cease-and-desist order or a summary license-suspension order. If the person that is the subject of the order disagrees with the order, the person may request a hearing to resolve the issue. The hearing must take place within 45 days after issuance of the order unless both parties request an extension. The deadline for a hearing, with an exception, is changed from 35 days to 60 days. If a hearing is not requested within 15 days after issuance of the order, the order becomes final. The person that is the subject of the order must obey the order until a hearing is requested.(Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

430 added · 491 removed

Plain-language change summary

The amendment changes the repeal date of the Colorado Revised Statutes, specifically 11-51-803, from September 1, 2026, to September 1, 2037. This extension means that the regulations concerning securities will remain in effect for an additional eleven years, allowing for continued oversight and regulation by the division of securities during that period.

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Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
NOTE:
26-0356.01 Jery Payne x2157 HOUSE BILL 26-1188 HOUSE SPONSORSHIP Camacho and Titone, Stewart R., Brown, Duran, Marshall, Nguyen, Woodrow SENATE SPONSORSHIP Kolker, Coleman, Cutter, Kipp, Marchman, Sullivan, Weissman e n e 6 E a 0 A U , N g 2 S d r House Committees Senate Committees e A Finance Finance R Appropriations Appropriations r e A BILL FOR AN ACT n m 2 C ONCERNINGTHECONTINUATIONOFTHEREGULATIONOFSECURITIES , T n 2 N U 1 AND , IN CONNECTION THEREWITH , IMPLEMENTING THE E i r S a A RECOMMENDATIONS OF THE DEPARTMENT OF REGULATORY R n AGENCIES IN THE DEPARTMENT 'S 2025 SUNSET REPORT .
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
2 Bill Summary e n 6 m 0 (Note:
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
This summary applies to this bill as introduced and does E n , notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill U U 2 O i h passes third reading in the house of introduction, a bill summary that H a r applies to the reengrossed version of this bill will be available at R M r http://leg.colorado.gov/.) 3 SunsetProcess-HouseFinanceCommittee.Thebillimplements therecommendationsofthedepartmentofregulatoryagenciesinits2025 g d 62 sunset review and report by continuing the division of securities and the E e 2 S R 4 U d 2 H 2 r Shading denotes HOUSE amendment.
HOUSE BILL 26-1188 BY REPRESENTATIVE(S) Camacho and Titone, Stewart R., Brown, Duran, Marshall, Nguyen, Woodrow;
Double underlining denotes SENATE amendment.
also SENATOR(S) Kolker, Cutter,Kipp, Marchman, Sullivan, Weissman, Coleman.
e a Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.
C ONCERNINGTHECONTINUATIONOFTHEREGULATIONOFSECURITIES ,AND , INCONNECTIONTHEREWITH ,IMPLEMENTINGTHERECOMMENDATIONS OF THE DEPARTMENT OF REGULATORY AGENCIES IN THE DEPARTMENT 'S2025 SUNSET REPORT .
e A securities board until 2037.
In connection with continuing these entities, the bill:
! Clarifies that deficiency letters and communications concerningadeficiencyletterarenotpublicdocumentsthat maybeinspectedunderthe"ColoradoOpenRecordsAct";
! Requires that an investment adviser or an investment adviser representative doing business in Colorado must be licensed by the securities commissioner (commissioner) unless otherwise exempt;
! Specifies that the executive director of the department of regulatory agencies must consult with the securities board when appointing the commissioner;
and ! Updates statutory language to be gender neutral.
The bill revises the process by which a cease-and-desist order is issued or a license is summarily suspended.
Under current law, the commissioner issues a cease-and-desist order or conducts a summary license suspension by issuing an order to show cause as to why a cease-and-desist order or license suspension should not be issued.
After appropriate notices are given, a hearing is scheduled with the securities board or an administrative law judge.
At the hearing, it is determined whethertoissueacease-and-desistorderorsuspendthelicenseandwhat form the order or suspension will take.
The bill changes this process to authorizethecommissionertoissueapreliminarycease-and-desistorder orasummarylicense-suspensionorder.Ifthepersonthatisthesubjectof the order disagrees with the order, the person may request a hearing to resolve the issue.
The hearing must take place within 30 days after issuance of the order.
If a hearing is not requested within 15 days after issuance of the order, the order becomes final.
The person that is the subject of the order must obey the order until a hearing is requested.
SECTION1.
SECTION 1.
InColoradoRevisedStatutes,amend11-51-803as follows:
In Colorado Revised Statutes, amend 11-51-803 as follows:
(1) This articleARTICLE 51 is repealed, effective September 1, 2026 2037.
(1)ThisarticleARTICLE 51isrepealed,effectiveSeptember1,2026 2037.
(2) Prior to such BEFORE THE repeal, the division of securities shall be reviewed as provided for in IS SCHEDULED FOR REVIEW IN -2- 1188 ACCORDANCE WITH section 24-34-104.
(2) Prior to suchEFORE THE repeal, the division of securities shall be reviewed as provided for iIS SCHEDULED FOR REVIEWIN ACCORDANCE ________ Capital letters or bold & italic numbers indicate new material added to existing law;
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
WITH section 24-34-104.
SECTION2.
SECTION 2.
InColoradoRevisedStatutes,11-51-702.5,amend (7) as follows:
In Colorado Revised Statutes, 11-51-702.5, amend (7) as follows:
Securities board - creation - duties - repeal - subject to review.
Securitiesboard-creation-duties-repeal-subject to review.
(7)(a)Thissectionisrepealed,effectiveSeptember1,20262037.
(7) (a)This section is repealed, effective September 1, 2026 2037.
(b) Prior to suchB EFORE THE repeal, the functions of the securities board shall be reviewed as providedIS SCHEDULED FOR REVIEW IN ACCORDANCE WITH section 24-34-104.
(b) Prior to suchBEFORE THE repeal, the functions of the securities board shall be reviewed as provided for in IS SCHEDULED FOR REVIEW IN ACCORDANCE WITH section 24-34-104.
In Colorado Revised Statutes, 24-34-104, repeal (27)(a)(II)and(27)(a)(III);andadd(38)(a)(II)and(38)(a)(III)asfollows:
In Colorado Revised Statutes, 24-34-104, repeal (27)(a)(II) and (27)(a)(III);
and add (38)(a)(V) and (38)(a)(VI) as follows:
General assembly review of regulatory agencies andfunctionsforrepeal,continuation,orreestablishment-legislative declaration - repeal.
Generalassembly review ofregulatory agenciesand functions for repeal, continuation, or reestablishment - legislative declaration - repeal.
(27)(a) Thefollowingagencies,functions,orboth,arescheduled for repeal on September 1, 2026:
(27) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2026:
(38)(a) Thefollowingagencies,functions,orboth,arescheduled for repeal on September 1, 2037:
(38) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2037:
(II) TE DIVISIONOFSECURITIESCREATEDINSECTION 11-51-701;
(V) T HE DIVISION OF SECURITIES CREATED IN SECTION 11-51-701;
(III) TE SECURITIES BOARD CREATED IN SECTION11-51-702.5.
(VI) T HE SECURITIES BOARD CREATED IN SECTION 11-51-702.5.
(5) (d) ADEFICIENCY LETTER OR COMMUNICATION CONCERNING -3- 1188 A DEFICIENCY LETTER RESULTING FROM AN EXAMINATION CONDUCTED UNDER SECTION 11-51-409IS DEEMED TO BE INFORMATION HELD OR OBTAINED IN CONNECTION WITH A PRIVATE INVESTIGATION WITHIN THE MEANING OF SUBSECTION (5)(aOF THIS SECTION AND,THEREFORE, IS CONFIDENTIALANDNOTSUBJECTTODISCLOSUREUNDERTHE "COLORADO O PENR ECORDS ACT",PART 2OF ARTICLE72 OF TITL24.
PAGE 2-HOUSE BILL 26-1188 (5) (d) ADEFICIENCY LETTER OR COMMUNICATION CONCERNING A DEFICIENCYLETTERRESULTINGFROMANEXAMINATIONCONDUCTEDUNDER SECTION 11-51-409 IS DEEMED TO BE INFORMATION HELD OR OBTAINED IN CONNECTION WITH A PRIVATE INVESTIGATION WITHIN THE MEANING OF SUBSECTION (5)(a)OFTHISSECTIONAND ,THEREFORE ,ISCONFIDENTIALAND NOTSUBJECTTODISCLOSUREUNDERTHE "C OLORADO OPEN RECORDS ACT ", PART 2 OF ARTICLE72 OF TITLE24.
(1.5)(a)(I) Wheneveritappearstothesecuritiescommissioner DETERMINES ,baseduponsufficientevidenceaspresentedinapetitionby an officer or employee of the division of securities, that a person has committed or may commit any of the acts or practices ACT OR PRACTICE listed in paragraph (b) of this subsectioSUBSECTION (1.5)(b)FTHISSECTION,then,inadditiontoanyspecificpowersgranted under this articleICLE 51, the securities commissioner in his or her discretion,may issue to such THE person an A PRELIMINARY CEASE-AND DESISTorder.toshowcausewhythesecuritiescommissioner should not enter a final order directing such person to cease and desist from the unlawful act or practice, or impose such other sanctions as provided in subparagraph (IV) of paragraph (d) of this subsection (1.5).
(1.5) (a) (I) Whenever it appears Fthe securities commissioner DETERMINES , based upon sufficient evidence as presented in a petition by an officer or employee of the division of securities, that a person has committed or maycommit anyof the acts or practicesACT OR PRACTICE listed inparagraph(b)of thissubsection(1.SUBSECTION (1.5)(b)OFTHIS SECTION , then, in addition to anyspecific powers granted under this article ARTICLE 51, the securities commissioner in his or her discretion, mayissue to suchTHE person an A PRELIMINARY CEASE -AND-DESIST order.
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The securities commissioner shall, within two calendar days, notify the chairperson of thesecuritiesboard or an administrative law judge that an order to show cause has been issued, and (II) A PERSON THAT IS THE SUBJECT OF A PRELIMINARY -4- 1188 CEASE -AND-DESIST ORDER ISSUED PURSUANT TO SUBSECTION(1.5)(a)(I) OF THIS SECTION MAY REQUEST A HEARING WITHIN FIFTEEN DAYS AFTER THE ISSUANCE OF THE PRELIMINARY CEASE AND -DESIST ORDER TO DETERMINE IF THE ORDER SHOULD BE MADE FINAL.
to show cause why the securities commissioner should not enter a final order directing such person to cease and desist from the unlawful act or practice, or impose such other sanctions as provided in subparagraph (IV) of paragraph (d) of this subsection (1.5).
F THE PERSON THAT ISTHESUBJECTOFTHEPRELIMINARYCEASE AND -DESISTORDERDOESNOT REQUEST A HEARING WITHIN FIFTEEN DAYS AFTER THE DATE THE PRELIMINARY CEASE -AND-DESIST ORDER WAS ISSUED,THE PRELIMINARY CEASE -AND-DESIST ORDER BECOMES A FINAL CEAS-AND -DESIST ORDER.
The securities commissioner shall, within two calendar days, notify the chairperson of the securities board or an administrative law judge that an order to show cause has been issued, and (II) A PERSON THAT IS THE SUBJECT OF A PRELIMINARY CEASE AND -DESISTORDERISSUEDPURSUANTTOSUBSECTION (1.5)(a)(IOF THIS SECTION MAY REQUEST A HEARING WITHIN FIFTEEN DAYS AFTER THE ISSUANCE OF THE PRELIMINARY CEASE -AND -DESIST ORDER TO DETERMINE IF THE ORDER SHOULD BE MADE FINAL.IFTHE PERSON THAT IS THE SUBJECT OF THE PRELIMINARY CEASE -AND -DESIST ORDER DOES NOT REQUEST A HEARING WITHIN FIFTEEN DAYS AFTER THE DATE THE PRELIMINARY CEASE -AND DESIST ORDER WAS ISSUED , THE PRELIMINARY CEASE AND -DESIST ORDER BECOMES AFINALCEASE AND -DESIST ORDER.IF PAGE 3-HOUSE BILL 26-1188 THE PERSON THAT IS THE SUBJECT OFTHE PRELIMINARY CEASE -AND -DESIST ORDERTIMELYREQUESTSAHEARING ,THECOMMISSIONERSHALLNOTIFY the chairpersonOFTHESECURITIESBOARD orAN administrativelawjudge, WHO shall set a datWITHIN FORTY -FIVE DAYS AFTER THE ISSUANCE OF THE PRELIMINARY CEASE -AND -DESIST ORDER for THE hearing on such THE PRELIMINARY CEASE -AND -DESIST order before the securities board or administrative law judge as provided in paragraph (d) of this subsection (1.5)SUBSECTION (1.5)(d)OF THIS SECTION.
IF THE PERSON THAT IS THE SUBJECT OF THE PRELIMINARY CEASE -AND-DESIST ORDER TIMELY REQUESTS A HEARING, THE COMMISSIONERSHALLNOTIFY the chairpersoOFTHESECURITIESBOARD or AN administrative law judWHO shall set a dWITHIN FORTY FIVE DAYS AFTER THE ISSUANCE OF THE PRELIMINARY CEASE -AND DESIST ORDER forTHE hearing on suchTHE PRELIMINARY CEASE -AND DESIST order before the securities board or administrative law judge as provided in paragraph (d) of this subsection (1.5)ECTION (1.5)(d)OF THIS SECTION .
(III) A PERSON THAT IS THE SUBJECT OF A PRELIMINARY CEASE -AND DESISTORDERISSUEDPURSUANTTOSUBSECTION (1.5)(a)(IOF THIS SECTION SHALL OBEY THE ORDER UNTIL THE ORDER EITHER BECOMES FINALINACCORDANCEWITHSUBSECTION (1.5)(a)(IOFTHISSECTIONORIS VACATED .THEPERSONTHATISTHESUBJECTOFAFINALCEASE -AND -DESIST ORDER SHALL OBEY THE ORDER .
(III) A PERSON THAT IS THE SUBJECT OF A PRELIMINARY CEASE -AND-DESIST ORDER ISSUED PURSUANT TO SUBSECTION(1.5)(a)(I) OF THIS SECTION SHALL OBEY THE ORDER UNTIL THE ORDER EITHER BECOMES FINAL IN ACCORDANCE WITH SUBSECTION (1.5)(a)(IOF THIS SECTION OR IS VACATED.
(c) Any A person against TO whom an order to show cause A PRELIMINARY CEASE -AND -DESIST ORDER has been entered pursuant to paragraph(a)of thissubsection(1.5)SUBSECTION (1.5)(aOFTHISSECTION shall be promptly notified by the securities diviOF SECURITIES of the entryof theorder,alongwithacopyoftheorder,thefactualandlegalbasis for the order, and the date set by the chairperson of the securities board or anadministrativelawjudgeforhearingonsuchorder.Such ANOTICETHAT THE ORDER WILL BECOME FINAL IF THE PERSON DOES NOT REQUEST A HEARINGWITHINFIFTEENDAYSAFTERTHEORDERISISSUED .THESECURITIES COMMISSIONERMAYSERVETHE notice maybe served TOTHE PERSONTHAT ISTHESUBJECTOFTHEORDER byUnitedStatesmail,postageprepaid,tothe last-known address of suchTHE person, by personal service;
THE PERSON THAT IS THE SUBJECT OF A FINAL CEASE -AND-DESIST ORDER SHALL OBEY THE ORDER.
by facsimile transmission;orasmaybepracticable.uponanypersonagainstwhomsuch order is entered.
(c) Any A person againsTO whom an order to show cause A PRELIMINARY CEASE -AND DESIST ORDER has been entered pursuant to paragraph (a) of this subsection (1.5)BSECTION (1.5)(aOF THIS SECTION shall be promptly notified by the securities divisiOF -5- 1188 SECURITIESof the entry of the order, along with a copy of the order, the factual and legal basis for the order, and the date set by the chairperson of thesecuritiesboardoranadministrativelawjudgeforhearingonsuch order.SuchANOTICETHATTHEORDERWILLBECOMEFINALIFTHEPERSON DOES NOT REQUEST A HEARING WITHIN FIFTEEN DAYS AFTER THE ORDER ISISSUED.THESECURITIESCOMMISSIONERMAYSERVETHE noticemaybe servedTO THE PERSON THAT IS THE SUBJECT OF THE ORDER by United States mail, postage prepaid, to the last-known address of sTHE person, by personal service;
Mailing or facsimile transmission of an order or other documents under this subsection (1.5), or personal service of such orders THEORDER or ASSOCIATED documents,shallconstituteCONSTITUTES notice thereofOF THE PRELIMINARY CEASE -AND DESIST ORDER to the person.
by facsimile transmission;
(d) (I) The IF TIMELY REQUESTED , A hearing on an order to show cause A PRELIMINARY CEASE AND -DESIST ORDER shall be commenced no soonerthantennorlaterthantwenty-one WITHINFORTY -FIVE calendardays following the date of transmission or service of the notification by the securities division as providedinparagraph(c)of thissubsection (THE) PRELIMINARYCEASE AND -DESISTORDER .Thehearingmaybecontinuedby PAGE 4-HOUSE BILL 26-1188 agreement of all of the parties based upon the complexity of the matter, numberofpartiestothematter,andlegalissuespresentedinthematter,but in no event shall the hearing MUST commence NO later than thirty-five SIXTY calendar days following the date of transmission or service of the notificationREQUEST FOR A HEARING .
or as may be practicable.uponanypersonagainstwhomsuchorderisentered.
(II) If a person against whom an order to show cause entered A PRELIMINARY CEASE -AND -DESIST ORDER HAS BEEN ISSUED pursuant to paragraph(a)of thissubsection(1.5) SUBSECTION (1.5)(a)OFTHISSECTION does not appear at the A hearing, the securities division may present evidence that notification was properly sent or served upon such person pursuant to paragraph (c) of this subsection (1.5) and such other evidence related to the matter as the securities board or administrative law judge deems appropriate.
Mailing or facsimile transmission of an order or other documents under this subsection (1.5), or personal service of such ordeTHE ORDER or ASSOCIATED documents, shall constituCONSTITUTES notice thereoOF THE PRELIMINARY CEASE AND -DESIST ORDER to the person.
In the case where such person does not appear, the securities commissioner maynot issue an order unless there is a finding by the securities board or administrative law judge that there is a reasonable basis to believe such notification was actually received or served, or, after reasonable search by the securities division, the person against whom the order was entered cannot be located.
(d) (I) TheF TIMELY REQUESTED ,Ahearing on an order to show causeAPRELIMINARYCEASE AND -DESIST ORDER shallbecommencedno sooner than ten nor later than twenty-oneIN FORTY -FIVE calendar days following the date of transmission or service of the notification by thesecuritiesdivisionasprovidedinparagraph(c)ofthissubsection(1.5) THE PRELIMINARY CEASE -AND DESIST ORDER .
The securities commissioner shall enter such order within ten days after his or her determination related to reasonable attempts of notification of the respondent, and the order shall become final as to that person by operation of law PRELIMINARY CEASE -AND -DESISTORDERBECOMESFINALWITHOUTENTERINGFINDINGSOF FACT OR MAKING CONCLUSIONS OF LAW .
The hearing may be continuedbyagreementofallofthepartiesbaseduponthecomplexityof the matter, number of parties to the matter, and legal issues presented in the matter, but in no event shallhearingMUST commence NO later thanthirty-fiSIXTY calendardaysfollowingthedateoftransmissionor service of the notificationEST FOR A HEARING .
(III) At any A hearing HELD pursuant to this paragraph (d) SUBSECTION (1.5)(d), the securities board AN administrative law judge shall, PURSUANT TO THE RULES AND PROCEDURES ADOPTED BY THE SECURITIES COMMISSIONER , take evidence and hear arguments from the securities division OF SECURITIES and the person against whom the PRELIMINARY CEASE -AND -DESIST order to show cause has been entered, pursuant to such rules and procedures as may be adopted by the securities commissioner HAS BEEN ISSUED .
(II) If a person against whom an order to show cause entered PRELIMINARY CEASE -AND-DESIST ORDER HAS BEEN ISSUED pursuant to -6- 1188 paragraph (a) of this subsection (1.SUBSECTION (1.5)(a)OF THIS SECTION does not appear at thA hearing, the securities division may present evidence that notification was properlysent or served upon such person pursuant to paragraph (c) of this subsection (1.5) and such other evidencerelatedtothematterasthesecuritiesboardoradministrativelaw judge deems appropriate.
Based on the evidence entered and arguments heard at the hearing, the securities board or administrative law judgeshallenterfindingsoffact,conclusionsoflaw,andaninitialdecision recommending to the securities commissioner that a final order be entered affirming, denying, vacating, or otherwise modifying the order to show cause PRELIMINARY CEASE -AND -DESIST ORDER .
In the case where such person does not appear, the securities commissioner may not issue an order unless there is a finding bythe securities board or administrative law judge that there is a reasonable basis to believe such notification was actually received or served, or, after reasonable search by the securities division, the person against whom the order was entered cannot be located.
The initial decision shall MUST beissuedwithintendaysaftertheconclusionofthehearingprovided pursuant to this paragraph (d) SUBSECTION (1.5)(d) and shall MUST be PAGE 5-HOUSE BILL 26-1188 promptly delivered to the securities commissioner.
The securities commissioner shall enter such order within ten days after his or her determination related to reasonable attempts of notification of the respondent, and the order shall become final as to that person by operationoflawPRELIMINARYCEASE -AND DESISTORDERBECOMESFINAL WITHOUTENTERINGFINDINGSOFFACTORMAKINGCONCLUSIONSOFLAW .
(IV) If thesecuritiescommissioner reasonablyfinds thattheperson againstwhomtheorderto showcausewasenteredhasengaged,orisabout to engage, in acts or practices constituting violations as set forth in paragraph (b) of this subsection (1.5) and makes the findings required by section 11-51-704 (2), he or she may issue a final cease-and-desist order imposing one or more of the following sanctions:
(III) At any A hearing HELD pursuant to this paragraph (d) SUBSECTION (1.5)(d),thesecuritiesboardAN administrativelawjudge shallPURSUANT TO THE RULES AND PROCEDURES ADOPTED BY THE SECURITIES COMMISSIONER , take evidence and hear arguments from the securitiesivisionOF SECURITIES and the person against whom the PRELIMINARY CEASE AND -DESIST order to show cause has been entered, pursuanttosuchrulesandproceduresasmaybeadoptedbythesecurities commissioner HAS BEEN ISSUED .
(A) Directingsuchpersontoceaseanddesistfromfurtherunlawful acts or practices;
Based on the evidence entered and argumentsheardatthehearing,thesecuritiesboardoradministrativelaw judge shall enter findings of fact, conclusions of law, and an initial decision recommending to the securities commissioner that a final order -7- 1188 beenteredaffirming,denying,vacating,orotherwisemodifyingtheorder to show cause PRELIMINARY CEASE -AND DESIST ORDER .
(B) Censuring the person, if the person is a licensed broker-dealer, sales representative, investment adviser, or investment adviser representative;
The initial decision shallUST be issued within ten days after the conclusion of the hearing provided pursuant tothisparagraph(d)BSECTION (1.5)(d) and shallMUST be promptly delivered to the securities commissioner.
or (C) Requiring such person to undertake or comply with conditions or limitations placed upon the activities, functions, or operations of such person, within such reasonable time period as may be imposed by the securities commissioner.
(IV) If the securities commissioner reasonably finds that the person against whom the order to show cause was entered has engaged, or is about to engage, in acts or practices constituting violations as set forth in paragraph (b) of this subsection (1.5) and makes the findings required by section 11-51-704 (2), he or she may issue a final cease-and-desist order imposing one or more of the following sanctions:
(V) The securities commissioner shall provide notice of the A final order within ten calendar days after receiving the initial decision, in the manner set forth in paragraph (c) of this subsection (1.5) SUBSECTION (1.5)(c)OF THIS SECTION , to each person against whom such THE order has been entered.
(A) Directing such person to cease and desist from further unlawful acts or practices;
The final order entered pursuant to subparagraph (IV) of this paragraph (d) shall be THIS SUBSECTION (1.5)(d)IS effective when issued and shall be ISa final order for purposes of judicial review pursuant to section 11-51-607.
(B) Censuringtheperson,ifthepersonisalicensedbroker-dealer, sales representative, investment adviser, or investment adviser representative;
(4) (a) (I) If it appears tohe securities commissioner based upon sufficient evidence as presented in a petition by an officer or employee of the division of securitiesDETERMINES that anyof the grounds specified in section 11-51-410 (1) exist as to any A licensed person or, in the case of a licensed broker-dealer, a partner, officer, director, person occupying a similar status or performing similar functions, or a person directly or indirectlycontrollingabroker-dealer,thesecuritiescommissionermayissue to such person PURSUANT TO SECTION 24-4-104(4) an order to show cause whythesecuritiescommissionershouldnotsummarilysuspendthelicense of that person or limit or impose conditions on the securities activities of PAGE 6-HOUSE BILL 26-1188 that person.
or (C) Requiringsuchpersontoundertakeorcomplywithconditions or limitations placed upon the activities, functions, or operations of such person, within such reasonable time period as may be imposed by the securities commissioner.
(V) Thesecuritiescommissionershallprovidenoticeofthe Afinal order within ten calendar days after receiving the initial decision, in the manner set forth in paragraph (c) of this subsection (1.5)CTION (1.5)(c)F THIS SECTION, to each person against whom suchTHE order has been entered.
The final order entered pursuant to subparagraph (IV) of this paragraph (d) shallbeSSUBSECTION (1.5)(dISeffective when issued and shall beIS a final order for purposes of judicial review -8- 1188 pursuant to section 11-51-607.
(4) (a) (I) If it appears tocurities commissioner based upon sufficientevidenceaspresentedinapetitionbyanofficeroremployeeof the division of securities,RMINES that any of the grounds specified in section 11-51-410 (1) exist as to anynsed person or, in the case of alicensedbroker-dealer,a partner, officer, director,personoccupying a similar status or performing similar functions, or a person directly or indirectly controlling a broker-dealer, the securities commissioner may issuetosuchperson PURSUANTTOSECTION 24-4-104(4)anordertoshow causewhythesecuritiescommissionershouldnot summarilysuspendthe license of that person or limit or impose conditions on the securities activities of that person.
(II) APERSON THAT IS THE SUBJECT OF A SUMMARY SUSPENSION MAY REQUEST A HEARING TO DETERMINE IF THE SUSPENSION SHOULD BE MADE A FINAL ORDER OF SUSPENSION IF THE REQUEST IS MADE WITHIN FIFTEENDAYSAFTERTHEDATETHELICENSEWASSUMMARILYSUSPENDED .
(II) PERSONTHATISTHESUBJECTOFASUMMARYSUSPENSIONMAY REQUEST A HEARING TO DETERMINE IF THE SUSPENSIONSHOULDBE MADE A FINALORDEROFSUSPENSIONIFTHEREQUESTISMADEWITHINFIFTEENDAYS AFTERTHE DATE THE LICENSE WAS SUMMARILYSUSPENDED .IFTHE PERSON THAT IS THE SUBJECT OF THE SUMMARY SUSPENSION DOES NOT REQUEST A HEARING WITHIN FIFTEEN DAYS AFTER THE DATE THE LICENSE WAS SUMMARILY SUSPENDED , THE SUMMARY SUSPENSION BECOMES A FINAL ORDER OF SUSPENSION .
IFTHE PERSON THAT IS THE SUBJECT OF THE SUMMARY SUSPENSION DOES NOT REQUEST A HEARING WITHIN FIFTEEN DAYS AFTER THE DATE THE LICENSE WAS SUMMARILY SUSPENDED , THE SUMMARY SUSPENSION BECOMES A FINAL ORDER OF SUSPENSION .F THE PERSON THAT IS THE SUBJECTOFTHESUMMARYSUSPENSIONTIMELYREQUESTSAHEARING ,the securities commissioner shall promptly notify the chairperson of the securities board that an order to show cause has been issuedSE HASBEENSUMMARILYSUSPENDEDANDAHEARINGHASBEENREQUESTED , and the chairperson shall set a date foraring on suchTHE order before the securities board.
IF THE PERSON THAT IS THE SUBJECT OF THE SUMMARY SUSPENSION TIMELY REQUESTS A HEARING , the securities commissioner shall promptlynotifythe chairperson of the securities board that an order to show cause has been issued A LICENSE HAS BEEN SUMMARILY SUSPENDED AND A HEARING HAS BEEN REQUESTED , and the chairperson shall set a date for hearing on such THE order before the securities board.
-9- 1188 (III) HE PERSON THAT IS THE SUBJECT OF AN ORDER SUMMARILY SUSPENDINGALICENSESHALLOBEYTHEORDERUNTILTHEORDEREITHER BECOMES FINAL IN ACCORDANCE WITH SUBSECTION (4)(a)(IIOF THIS SECTION OR IS VACATED .
(III) TE PERSON THAT IS THE SUBJECT OF AN ORDER SUMMARILY SUSPENDING A LICENSE SHALL OBEY THE ORDER UNTIL THE ORDER EITHER BECOMES FINAL IN ACCORDANCE WITH SUBSECTION (4)(a)(II)OF THIS SECTION OR IS VACATED .
(b) AnyA person against whom an order to show cause has been entered WHOSE LICENSE HAS BEEN SUMMARILY SUSPENDED shall be promptlynotified bythe securitidivisioOFSECURITIES of the entryof suchorder SUSPENSION andthebasistherefor.SuchFORTHESUSPENSION .
(b) Any A person against whom an order to show cause has been entered WHOSE LICENSE HAS BEEN SUMMARILY SUSPENDED shall be promptly notified by the securitiesivisionOF SECURITIES of the entry of such order SUSPENSION and the basis therefor.
T HE noticeshalMUST includeacopyofthe SUMMARYSUSPENSION order andshallincludethedatesetbythechairpersonofthesecuritiesboardfor hearingonsuchorder ASTATEMENTTHATTHEORDERWILLBECOMEFINAL IF THE PERSON THAT IS THE SUBJECT OF THE ORDER DOES NOT REQUEST A HEARING WITHIN FIFTEEN DAYS AFTER THE ORDER IS ISSUED.
SuFOR THE SUSPENSION .
In the case ofabroker-dealer,thenotificationshallbesentbothtothebroker-dealer's last-known mailing address and, if different, the most current mailing address the broker-dealer has on file with the securities commissioner as required in section 11-51-407 (3).
THE notice shalMUST include a copy of theSUMMARY SUSPENSION order and shall include the date set by the chairperson of the securities board for hearing on such orderA STATEMENT THAT THE ORDER WILL BECOME FINAL IF THE PERSON THAT IS THE SUBJECT OF THE ORDER DOES NOT REQUEST A HEARING WITHIN FIFTEEN DAYS AFTER THE ORDER IS ISSUED .
In the case of a sales representative, THE notification shalMUST be sent to the sales representative's last-known mailing address, the most current mailing address the sales representative has on file with thesecuritiescommissioneras required in section 11-51-407 (3), and the last-known mailing address of the broker-dealer or issuer for which the sales representative is licensed to act.
In the case of a broker-dealer, the notification shall be sent both to the broker-dealer's last-known mailing address and, if different, the most current mailing address the broker-dealer has on file with the securities commissioner as required in section 11-51-407 (3).
(c) (I) TheF REQUESTED, Ahearing on the order to show cause shall A SUMMARY SUSPENSION SHALL be commenced no sooner than seven,norlaterthantwenty,WITHINFORTY FIVE calendardaysfollowing -10- 1188 the date of transmission of notification of the respondent bythe division of securities as provided in paragraph (b) of this subsection (4) ORDER WAS ISSUED .
In the case of a sales representative, notification shalMUST be sent to the sales representative's last-known mailing address, the most current mailing address the sales representative has on file with the securities commissioner as required in section PAGE 7-HOUSE BILL 26-1188 11-51-407 (3), and the last-known mailing address of the broker-dealer or issuer for which the sales representative is licensed to act.
(II) The securities board shall take evidence and hear arguments from the securitiesivisionOF SECURITIESand the respondent.
(c)(I) The IFREQUESTED A hearingontheordertoshowcauseshall A SUMMARY SUSPENSION SHALL be commenced no sooner than seven, nor later than twenty,WITHIN FORTY -FIVE calendar days following the date of transmission of notification of the respondent by the division of securities as provided in paragraph (b) of this subsection (THE ORDER WAS ISSUED .
If the respondentdoesnotappear,thesecuritiesdivisionmayprovideevidence that notification was promptly sent by the securities division to the respondent pursuant to paragraph (b) of this subsection (4).
(II) The securities board shall take evidence and hear arguments from the securities division OF SECURITIES and the respondent.
In the case where the respondent PERSON WHOSE LICENSE HAS BEEN SUMMARILY SUSPENDED PURSUANT TO SUBSECTION (4)(a)OF THIS SECTION.
If the respondent does not appear, the securities division may provide evidence that notification was promptly sent by the securities division to the respondent pursuant to paragraph (b) of this subsection (4).
F THE PERSONTHATISTHESUBJECTOFASUMMARYSUSPENSIONORDER doesnot appearthesecuritiescommissionermaynotissue an order unlessthereis a finding by the securities board that there is reasonable basis to believe the respondent either received actual notice, or, after reasonable search by the securities division, cannot be locatedAT THE SUMMARY SUSPENSION HEARING ,THE ORDER BECOMES FINAL WITHOUT ENTERING FINDINGS OF FACT OR MAKING CONCLUSIONS OF LAW .
In the case where the respondent PERSON WHOSE LICENSE HAS BEEN SUMMARILY SUSPENDED PURSUANT TO SUBSECTION (4)(a)OF THIS SECTION .
(III) Based on the evidence entered and arguments heard at the hearing HELD PURSUANT TO SUBSECTION (4)(a)OF THIS SECTION, the securities board shall enter findings of fact, conclusions of law, and its initial decision recommending to the securities commissioner that an FINAL order be entered either denying the petition of the securities division for summary order or suspending the license of that person VACATING THE SUMMARY SUSPENSION , CONVERTING IT TO A FINAL SUSPENSION , or otherwise limiting or imposing conditions on the securities activities of that person.
IF THE PERSON THAT IS THE SUBJECT OF A SUMMARY SUSPENSION ORDER does not appear the securities commissioner maynot issue an order unless there is a finding by the securities board that there is reasonable basis to believe the respondent either received actual notice, or, after reasonable search by the securities division, cannot be located AT THE SUMMARY SUSPENSION HEARING ,THEORDERBECOMESFINALWITHOUTENTERINGFINDINGSOFFACT OR MAKING CONCLUSIONS OF LAW .
pending final determination of a proceeding under sections 24-4-104 and 24-4-105, C.R.S.ptions to -11- 1188 theinitialdecisionofthesecuritiesboardmustbefiledwiththesecurities commissionerwithintencalendardaysof AFTER thedateofentryofsuch order THE SECURITIES BOARD 'S INITIAL DECISION.
(III) Based on the evidence entered and arguments heard at the hearing HELD PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION , the securities board shall enter findings of fact, conclusions of law, and its initial decision recommending to the securities commissioner that an A FINAL order be entered either denying the petition of the securities division for summaryorder or suspending the license of that person VACATING THE SUMMARY SUSPENSION , CONVERTING IT TO A FINAL SUSPENSION , or otherwiselimitingorimposingconditionsonthesecuritiesactivitiesofthat person.
The securities commissionershallthenissueanorder,whichshallbe ISa finalorderfor purposes of judicial review pursuant to section 11-51-607.
pending final determination of a proceeding under sections 24-4-104 and 24-4-105, C.R.S.
(d) Any A FINAL order entered under paragraph (c)(III) of this subsection (4)UBSECTION (4)(c)(IIIOF THIS SECTION suspending a license or otherwise limiting or imposing conditions on the securities activities of Alicensed person shall remaREMAINS in effect during the pendency of a proceeding under sections 24-4-104 and 24-4-105, C.R.S.,nlessvacatedormodifiedonjudicialreviewpursuanttosection 11-51-607 or by subsequent order of the securities commissioner after notice and opportunity for hearing.
Exceptions to the initial decision of the securities board must be filed with the securities commissioner within ten calendar days of AFTER the date of entry of such order THE SECURITIES BOARD SINITIALDECISION .
(5) No order under subsection (3)(b), (3)(c), or (4)(a) of this section may be entered by the securities commissioner unless a proceedingundersections24-4-104and24-4-105,C.R.S.,eitherhasbeen commenced,oriscommencedpromptlyfollowingorcontemporaneously with the entry of such an orderE SECURITIES COMMISSIONER SHALL COMMENCE A PROCEEDING UNDER SECTIONS 24-4-104 AND 24-4-105 PROMPTLY FOLLOWING THE ENTRY OF AN ORDER UNDER SUBSECTION (3)(b)R (3)(cOF THIS SECTION OR OF A FINAL SUMMARY SUSPENSION ORDER UNDER SUBSECTION (4)(a)OF THIS SECTIO.
The securities commissioner shallthenissue an order, which shall be IS a final order for purposes of judicial review pursuant to section 11-51-607.
SECTION 6.
PAGE 8-HOUSE BILL 26-1188 (d) Any A FINAL order entered under paragraph (c)(III) of this subsection(4) SUBSECTION (4)(c)(IIIOFTHISSECTION suspendingalicense or otherwise limiting or imposing conditions on the securities activities of the A licensed person shall remaiREMAINS in effect during the pendency of a proceeding under sections 24-4-104 and 24-4-105, C.R.S., unless vacated or modified onjudicialreviewpursuanttosection 11-51-607 or by subsequent order of the securities commissioner after notice and opportunity for hearing.
In Colorado Revised Statutes, 11-51-201, amend the introductory portion and (9.6)(b) as follows:
(5) Noorderundersubsection(3)(b),(3)(c),or(4)(a)of thissection may be entered by the securities commissioner unless a proceeding under sections 24-4-104 and 24-4-105, C.R.S., either has been commenced, or is commenced promptly following or contemporaneously with the entry of such an order T HE SECURITIES COMMISSIONER SHALL COMMENCE A PROCEEDING UNDER SECTIONS 24-4-104 AND 24-4-105 PROMPTLY FOLLOWING THE ENTRY OF AN ORDER UNDER SUBSECTION (3)(b)OR (3)(c) OF THIS SECTION OR OF A FINAL SUMMARY SUSPENSION ORDER UNDER SUBSECTION (4)(a)OF THIS SECTION .
SECTION6.
InColoradoRevisedStatutes,11-51-201,amendthe introductory portion and (9.6)(b) as follows:
As used in this articleICLE 51, unless the context otherwise requires:
As used in this articleARTICLE 51, unless the context otherwise requires:
-12- 1188 (9.6)(b) "Investmentadviserrepresentative"forafederalcovered adviser means anyindividual with a place of business in this state an "investment adviser representative" as defined by the securities and exchange commission in rule 203A-3 promulgated under the federal "Investment Advisers Act of 1940", 15.S.C.
(9.6) (b) "Investment adviser representative" for a federal covered advisermeansanyindividualwithaplaceofbusinessinthisstate whoisan "investment adviser representative" as defined by the securities and exchange commission in rule 203A-3 promulgated under the federal "Investment Advisers Act of 1940", 15 U.S.C.
80b-1ET SEQ .
80b-1 ET SEQ.
(1.5) A person with a place of business in this statehall not transact business in this state as an investment adviser or investment adviser representative unless suchHE person is licensed as such or exempt from licensing under section 11-51-402.
(1.5) Apersonwithaplaceofbusinessinthisstate shallnottransact business in this state as an investment adviser or investment adviser PAGE 9-HOUSE BILL 26-1188 representative unless suchTHE person is licensed as such or exempt from licensing under section 11-51-402.
(1.6) A federal covered adviser either with a place of business in thisstateorwhoemploysorotherwiseengagesanindividualwithaplace of business in this state to act as an investment adviser representative shallnottransactbusinessinthisstateasafederalcoveredadviserunless such THE adviser:
(1.6) Afederalcoveredadvisereitherwithaplaceofbusinessinthis state or who employs or otherwise engages an individual with a place of businessinthisstatetoactasaninvestmentadviserrepresentativeshallnot transact business in this state as a federal covered adviser unless such adviser:
(b) INOTREQUIREDTOFILEPURSUANTTOSECTION 11-51-402(5).
OR (b) IS NOT REQUIRED TO FILE PURSUANT TO SECTION 11-51-402(5).
(2.5) Aninvestmentadviser ORFEDERALCOVEREDADVISER shall not employ or otherwise engage any individual with a place of business in this state act as an investment adviser representative in this state unless such THE individual is licensed in accordance with section 11-51-403 or is exempt from licensing under section 11-51-402.
(2.5) Aninvestmentadviser ORFEDERALCOVEREDADVISER shallnot employor otherwise engage anyindividual with a place of business in this state to act as an investment adviser representative in this state unless such THE individual is licensed in accordance with section 11-51-403 or is exempt from licensing under section 11-51-402.
SECTION 8.
SECTION8.
In Colorado Revised Statutes, 11-51-402, amend (5) introductory portion, (5)(a) introductory portion, and (6) as follows:
InColoradoRevisedStatutes,11-51-402,amend(5) introductory portion, (5)(a) introductory portion, and (6) as follows:
-13- 1188 11-51-402.
11-51-402.
Exempt broker-dealers, sales representatives - sanctions-exemptinvestmentadvisers,federalcoveredadvisers,and investment adviser representatives.
Exempt broker-dealers, sales representatives - sanctions - exempt investment advisers, federal covered advisers, and investment adviser representatives.
(5) The following investment advisersD FEDERAL COVERED ADVISERS with no place of business in this state are exempt from the license requirement of section 11-51-401 (1.5)THE NOTICE FILING REQUIREMENTS OF SECTION 11-51-401 (1.6):
(5) The following investment advisers AND FEDERAL COVERED ADVISERS withnoplaceofbusinessinthisstateareexemptfromthelicense requirement of section 11-51-401 (1.5) AND THE NOTICE FILING REQUIREMENTS OF SECTION 11-51-401 (1.6):
(a) An investment advisORAFEDERALCOVEREDADVISER who:
(a) An investment adviser OR A FEDERAL COVERED ADVISER who:
(6) Investment adviser representatives employed byor otherwise associated with an investment adviserEDERALCOVEREDADVISER ,IF EITHER ISexempt under subsection (5) of this section, are exempt from thelicenserequirementofsection11-51-401(1.5ANDTHENOTICEFILING REQUIREMENTS OF SECTION 11-51-401 (1.6).
(6) Investment adviser representatives employed by or otherwise associated with an investment adviser OR FEDERAL COVERED ADVISER ,IF EITHER IS exempt under subsection (5) of this section, are exempt from the license requirement of section 11-51-401 (1.5) AND THE NOTICE FILING REQUIREMENTS OF SECTION 11-51-401 (1.6).
SECTION 9.
PAGE 10-HOUSE BILL 26-1188 SECTION 9.
Applicationforlicense-noticefilingrequirements.
Application for license - notice filing requirements.
(3) (a) A federal covered adviser who during any calendar year, either has a place of business in this state or employs or engages an investment adviser representative with a place of business inIShis state REQUIREDTOFILEANOTICEBYSECTION 11-51-401(1.6)shallfilewiththe securitiescommissionerannuallyaconsenttoserviceofprocessandsuch OTHER documentsasarefiledbysuch THE adviserwiththesecuritiesand exchangecommissionthatthecommissionermayrequirebyruleororder.
(3) (a) A federal covered adviser who during any calendar year, either has a place of business in this state or employs or engages an investment adviser representative with a place of business in this stateIS REQUIRED TO FILE A NOTICE BY SECTION 11-51-401(1.6) shall file with the securities commissioner annually a consent to service of process and such OTHER documents as are filed by such THE adviser with the securities and exchange commission that the commissioner may require by rule or order.
(b) Thenoticefilingrequirementdescribedinparagraph(a)ofthis subsection (3) does not applyto anyfederal covered adviser who, during such calendar year, neither has a place of business in this state nor employsnorengagesaninvestmentadviserrepresentativewithaplaceof -14- 1188 business in this state.
(b) The notice filing requirement described in paragraph (a) of this subsection (3) does not apply to any federal covered adviser who, during such calendar year, neither has a place of business in thisstate nor employs nor engages an investment adviser representative with a place of business in this state.
Divisionofsecurities-creation-powersandduties.
Division of securities - creation - powers and duties.
There is createdhe division of securitieIS CREATED in the departmentofregulatoryagencies.Theheadofwhich THEDIVISION isthe commissionerof securitieCOMMISSIONER ,whoshallbeappointedbythe executive director of the department of regulatory agencies, pursuant to section 13 of article XII of the state constitutIN CONSULTATION WITH the securities board.
There is created The division of securities IS CREATED in the department of regulatory agencies.
The division of securities and the office of commissioner of THE securitiesCOMMISSIONER are type 1 entities, as definedinsection24-1-105.ThedivisionOFSECURITIES isresponsiblefor the administration of the provisions ofles 51, 53, and 59 of this title 11 and part 7 of article 75 of title 24 and shall perform such other duties as are imposed upon it by law.
The head of which THE DIVISION is the commissioner of securities COMMISSIONER , who shall be appointed by the executive director of the department of regulatory agencies, pursuant to section 13 of article XII of the state constitution, andIN CONSULTATION WITH the securities board.
The division of securities and the office of commissioner of THE securitiesCOMMISSIONER are type 1 entities, as defined in section 24-1-105.
The division OF SECURITIES is responsible for theadministrationof theprovisionsof articles51,53,and59ofthistitle11 and part 7 of article 75 of title 24 and shall performsuch other duties as are imposed upon it by law.
In Colorado RevisedStatutes,11-51-304,amend (2) introductory portion and (2)(o) as follows:
InColoradoRevisedStatutes,11-51-304,amend(2) introductory portion and (2)(o) as follows:
(2) A registration statementE under this section shMUST contain full and fair disclosure of all material facts respecting the investmentoffered,includingthefollowinginformation,shallST state the title of the securityand the number or amount being registered under this articleTICLE 51, and shaMUST be accompanied bythe following documents in addition to the consent to service of process required by section 11-51-706:
PAGE 11-HOUSE BILL 26-1188 (2) A registration statement MADE under this section shallMUST contain full and fair disclosure of all material facts respecting the investment offered, including the following information, shall MUST state the title of the security and the number or amount being registered under this articleRTICLE 51, and shall MUST be accompanied by the following documents in addition to the consent to service of process required by section 11-51-706:
(o) Thewrittenconsentofanyaccountant,engineer,appraiser,or otherpersonwhoseprofessiongivesauthoritytoastatementmadebyhim -15- 1188 THEM ,ifanysuchpersonisnamedashavingpreparedorcertifiedareport orvaluationotherthanapublicandofficialdocumentorstatementwhich THAT is used in connection with the registration statement;
(o) The written consent of any accountant, engineer, appraiser, or other person whose profession gives authority to a statement made by him THEM , if any such person is named as having prepared or certified a report or valuation other than a public and official document or statement which THAT is used in connection with the registration statement;
SECTION12.
SECTION 12.
InColoradoRevisedStatutes,11-51-1002,amend (2)(b) as follows:
In Colorado Revised Statutes, 11-51-1002, amend (2)(b) as follows:
(b) An individual eighteen years of ageD or older who is susceptible to mistreatment or self-neglect because the individual is unabletoperformorobtainservicesnecessaryforhisorherHEIR health, safety, or welfare or lacks sufficient understanding or capacity to make orcommunicateresponsibledecisionsconcerninghisorheTHEIR person or affairs.
(b) An individual eighteen years of age OLD or older who is susceptibletomistreatmentorself-neglectbecausetheindividualisunable to perform or obtain services necessary for his or herHEIR health, safety, or welfare or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her THEIR person or affairs.
SECTION13.
SECTION 13.
InColoradoRevisedStatutes,amend11-51-1006 as follows:
In Colorado Revised Statutes, amend 11-51-1006 as follows:
A qualified individual who, in good faith and exercising reasonable care, fails to report pursuant to this part 10 is immune from any administrative, criminal, or civil liability for his or her to report.
A qualified individual who, in good faith and exercising reasonable care, fails to report pursuant to this part 10 is immune from any administrative, criminal, or civil liability for his or herEIR failure to report.
SECTION 14.
PAGE 12-HOUSE BILL 26-1188 SECTION 14.
Act subject to petition - effective date - applicability.(1) Thisacttakeseffectat12:01a.m.onthedayfollowing the expiration of the ninety-day period after final adjournment of the generalassembly(August12,2026,ifadjournmentsinedieisonMay13, 2026);
Act subject to petition - effective date - applicability.
except that, if a referendum petition is filed pursuant to section 1 (3)ofarticleVofthestateconstitutionagainstthisactoranitem,section, -16- 1188 or part of this act within such period, then the act, item, section, or part will not take effect unless approved bythe people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
(1) This act takes effect at 12:01 a.m.
(2) This act applies to cease-and-desist orders and summary suspension orders issued on or after the applicable effective date of this act.
on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026);exceptthat,if areferendumpetitionisfiledpursuanttosection1(3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, insuchcase,willtakeeffectonthedate of the official declaration of the vote thereon by the governor.
-17- 1188
(2) This act applies to cease-and-desist orders and summary PAGE 13-HOUSE BILL 26-1188 suspensionordersissuedonoraftertheapplicableeffectivedateofthisact.
____________________________ ____________________________ Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 14-HOUSE BILL 26-1188
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Action History

  1. Governor Signed

  2. Signed by the Speaker of the House

  3. Signed by the President of the Senate

  4. Sent to the Governor

  5. Senate Third Reading Passed - No Amendments

  6. Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole

  7. Senate Second Reading Special Order - Passed - No Amendments

  8. Senate Committee on Finance Refer Unamended to Appropriations

  9. Introduced In Senate - Assigned to Finance

  10. House Third Reading Passed - No Amendments

  11. House Second Reading Special Order - Passed with Amendments - Committee

  12. House Committee on Appropriations Refer Unamended to House Committee of the Whole

  13. House Committee on Finance Refer Amended to Appropriations

  14. Introduced In House - Assigned to Finance

Sponsors

Sponsorship breakdown

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4 sponsors · 11 co-sponsors · 86 not signed on · 13 voted No

Sponsors (4)

Co-sponsors (11)

Not signed on (86)

86 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

BILL

Passed 27 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 21000
Republican 3601
Unaffiliated 3200
Total 27801
% of votes cast 75%22%0%3%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Nay
Pelton R. — Nay
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Nay
Cleave Simpson Republican Yea
Janice Rich Republican Nay
John Carson Republican Nay
Larry Liston Republican Yea
Lisa Frizell Republican Nay
Lynda Zamora Wilson Republican Nay
Marc Catlin Republican Not Voting
Mark Baisley Republican Nay
Scott Bright Republican Yea

Official roll call →

Passed 8 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 1000
Republican 2100
Democrat 5000
Total 8100
% of votes cast 89%11%0%0%
How each member voted (9)
Member Party Vote
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Janice Marchman Democrat Yea
Kyle Mullica Democrat Yea
Marc Snyder Democrat Yea
Cleave Simpson Republican Yea
Lisa Frizell Republican Yea
Scott Bright Republican Nay

Official roll call →

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democrat 8000
Republican 1200
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Andrew Boesenecker Democrat Yea
Brianna Titone Democrat Yea
Elizabeth Velasco Democrat Yea
Emily Sirota Democrat Yea
Junie Joseph Democrat Yea
Karen McCormick Democrat Yea
Kyle Brown Democrat Yea
Yara Zokaie Democrat Yea
Matt Soper Republican Nay
Rick Taggart Republican Yea
Scott Bottoms Republican Nay

Official roll call →

Passed 6 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 6001
Republican 0400
Total 6401
% of votes cast 55%36%0%9%
How each member voted (11)
Member Party Vote
Bob Marshall Democrat Yea
Brianna Titone Democrat Not Voting
Lorena Garcia Democrat Yea
Rebekah Stewart Democrat Yea
Sean Camacho Democrat Yea
Steven Woodrow Democrat Yea
Yara Zokaie Democrat Yea
Anthony Hartsook Republican Nay
Dan Woog Republican Nay
Ron Weinberg Republican Nay
Ryan Gonzalez Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does HB 1188 do?
The act implements the recommendations of the department of regulatory agencies (department) in its 2025 sunset review and report by continuing the division of securities and the securities board until 2037. In connection with continuing these entities, the act:Clarifies that deficiency letters and communications concerning a deficiency letter are not public documents that may be inspected under the 'Colorado Open Records Act';Requires that an investment adviser or an investment adviser representative doing business in Colorado must be licensed by the securities commissioner (commissioner) unless otherwise exempt;Specifies that the executive director of the department must consult with the securities board when appointing the commissioner; andUpdates statutory language to be gender neutral.     The act revises the process by which a cease-and-desist order is issued or a license is summarily suspended. Under the previous law, the commissioner issued a cease-and-desist order or conducted a summary license suspension by issuing an order to show cause as to why a cease-and-desist order or license suspension should not be issued. After appropriate notices were given, a hearing was scheduled with the securities board or an administrative law judge. At the hearing, it was determined whether to issue a cease-and-desist order or suspend the license and what form the order or suspension would take. The act changes this process to authorize the commissioner to issue a preliminary cease-and-desist order or a summary license-suspension order. If the person that is the subject of the order disagrees with the order, the person may request a hearing to resolve the issue. The hearing must take place within 45 days after issuance of the order unless both parties request an extension. The deadline for a hearing, with an exception, is changed from 35 days to 60 days. If a hearing is not requested within 15 days after issuance of the order, the order becomes final. The person that is the subject of the order must obey the order until a hearing is requested.(Note: This summary applies to this bill as enacted.)
Who sponsors HB 1188?
HB 1188 is sponsored by M. Weissman, T. Sullivan, J. Marchman, C. Kipp, L. Cutter, J. Coleman, C. Kolker, Sean Camacho (Democrat), Brianna Titone (Democrat), Rebekah Stewart (Democrat), Monica Duran (Democrat), Bob Marshall (Democrat), Kenny Nguyen (Democrat), Kyle Brown (Democrat), and Steven Woodrow (Democrat).
What is the current status of HB 1188?
This bill has been enacted into law. Introduced February 09, 2026. Enacted.
Where can I track HB 1188?
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Stay ahead of HB 1188

Last checked for changes 3 months ago · updated continuously

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