HB 1426

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1426
     BY REPRESENTATIVE(S) Camacho and Zokaie, Bacon, Clifford,
     McCluskie, Lindsay;
     also SENATOR(S) Roberts, Wallace, Coleman.
     CONCERNING    THE 2026 LEGISLATIVE REPORT SUBMITTED BY THE
             DEPARTMENT OF LAW TO THE JOINT JUDICIARY COMMITTEE OF THE
             GENERAL ASSEMBLY , AND , IN CONNECTION THEREWITH ,
             IMPLEMENTING RECOMMENDATIONS CONTAINED IN THE REPORT.
     Be it enacted by the General Assembly of the State of Colorado:
           SECTION 1.  In Colorado Revised Statutes, add 2-3-211 as
     follows:
            2-3-211. Potential budgetary impact - litigation - executive
     session.
           (1) THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL'S
     DESIGNEE, MAY NOTIFY THE JOINT BUDGET COMMITTEE THAT AN EXECUTIVE
     SESSION IS REQUESTED TO DISCUSS POTENTIAL BUDGETARY IMPACTS OF
     CURRENT LITIGATION.
     ________
     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.
      (2) THE JOINT BUDGET COMMITTEE MAY MEET WITH THE ATTORNEY
GENERAL, OR THE ATTORNEY GENERAL'S DESIGNEE, IN AN EXECUTIVE
SESSION TO DISCUSS POTENTIAL BUDGETARY IMPACTS OF CURRENT
LITIGATION. THE PROVISIONS OF SECTION 24-6-402 APPLY TO THE
EXECUTIVE SESSION, BUT THE COMMITTEE IS NOT REQUIRED TO IDENTIFY A
CASE TO BE DISCUSSED IN THE ANNOUNCEMENT FOR THE EXECUTIVE
SESSION.
       (3) IN PREPARING INFORMATION IN ACCORDANCE WITH SUBSECTION
(1) OR (2) OF THIS SECTION, 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 "COLORADO OPEN RECORDS ACT",
PART 2 OF ARTICLE 72 OF TITLE 24.
       SECTION 2. In Colorado Revised Statutes, 2-3-1203, add
(23.5)(a)(III), (23.5)(a)(IV), (23.5)(a)(V), and (23.5)(a)(VI) as follows:
      2-3-1203. Sunset review of advisory committees - legislative
declaration - definition - repeal.
      (23.5) (a) The following statutory authorizations for the designated
advisory committees will repeal on September 1, 2032:
      (III) THE ADVISORY COUNCIL FOR DEBT COLLECTION CREATED IN
SECTION 5-16-134.7;
      (IV)  THE COLORADO CONSUMER PROTECTION ACT ADVISORY
COUNCIL CREATED IN SECTION 6-1-117;
      (V) THE COLORADO PRIVACY ACT ADVISORY COUNCIL CREATED IN
SECTION 6-1-1315;
      (VI) THE COUNCIL OF ADVISORS ON CONSUMER CREDIT CREATED IN
SECTION 5-6-301.
      SECTION 3. In Colorado Revised Statutes, amend 5-3-210 as
follows:
PAGE 2-HOUSE BILL 26-1426
       5-3-210. Discrimination prohibited - exemption.
       A consumer credit transaction regulated by this code shall not be
denied any person, nor shall terms and conditions be made more stringent,
on the basis of discrimination, solely because of disability, race, creed,
religion, color, sex, sexual orientation, gender identity, gender expression,
marital status, national origin, or ancestry. This section does not apply to
any consumer credit transaction made or denied by a seller, lessor, or lender
whose total original unpaid balances arising from consumer credit
transactions for the previous calendar year are less than one million dollars.
      SECTION 4.  In Colorado Revised Statutes, add 5-6-303 as
follows:
       5-6-303. Repeal of part - subject to review.
     THIS PART 3 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032. BEFORE
THE REPEAL, THE COUNCIL OF ADVISORS ON CONSUMER CREDIT IS
SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 2-3-1203.
        SECTION 5. In Colorado Revised Statutes, 5-12-102, add (5)(c)
as follows:
       5-12-102. Statutory interest - definition - rules.
      (5) (c) ON OR BEFORE DECEMBER 31, 2026, THE ADMINISTRATOR
DESIGNATED IN SECTION 5-6-103 SHALL ADOPT RULES OR ISSUE GUIDANCE
CLARIFYING THE APPLICATION OF THIS SUBSECTION (5) TO CONSUMER CREDIT
TRANSACTIONS FOR MEDICAL DEBT.
      SECTION 6. In Colorado Revised Statutes, add 5-16-134.7 as
follows:
    5-16-134.7. Advisory council for debt collection - created -
membership - duties - subject to review - repeal.
       (1) THE ADVISORY COUNCIL FOR DEBT COLLECTION, REFERRED TO IN
THIS SECTION AS THE "ADVISORY COUNCIL", IS CREATED IN THE DEPARTMENT
OF LAW. THE ADVISORY COUNCIL CONSISTS OF THREE MEMBERS APPOINTED
BY THE ATTORNEY GENERAL AS FOLLOWS:
PAGE 3-HOUSE BILL 26-1426
     (a) ONE MEMBER REPRESENTING A DEBT COLLECTION AGENCY OR A
STATEWIDE ORGANIZATION REPRESENTING DEBT COLLECTORS;
      (b)  ONE MEMBER REPRESENTING A CONSUMER ADVOCACY
ORGANIZATION RELATED TO DEBT COLLECTION OR LENDING; AND
      (c) ONE MEMBER OF THE PUBLIC.
      (2) THE MEMBERS OF THE ADVISORY COUNCIL SHALL ELECT A CHAIR
AND VICE-CHAIR FROM AMONG THE ADVISORY COUNCIL MEMBERS
APPOINTED PURSUANT TO SUBSECTION (1) OF THIS SECTION, WHICH
PRESIDING OFFICERS SHALL SERVE TERMS OF TWO YEARS. ADVISORY
COUNCIL MEMBERS MAY REELECT A PRESIDING OFFICER.
      (3) (a) EACH MEMBER OF THE ADVISORY COUNCIL SERVES AT THE
PLEASURE OF THE ATTORNEY GENERAL FOR A TERM OF THREE YEARS;
EXCEPT THAT:
       (I) THE INITIAL MEMBER APPOINTED PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION SHALL SERVE A TERM OF ONE YEAR; AND
       (II) THE INITIAL MEMBER APPOINTED PURSUANT TO SUBSECTION
(1)(b) OF THIS SECTION SHALL SERVE A TERM OF TWO YEARS.
     (b) THE ATTORNEY GENERAL MAY REAPPOINT A MEMBER TO SERVE
NO MORE THAN THREE TERMS.
      (c) MEMBERS 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) THE ADVISORY COUNCIL SHALL MEET AT LEAST TWO TIMES EACH
YEAR TO DISCUSS CURRENT ISSUES IN DEBT COLLECTION AND ANY ISSUES
ASSIGNED TO THE ADVISORY COUNCIL BY THE ATTORNEY GENERAL FOR
DISCUSSION.
     (5) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032.
BEFORE THE REPEAL, THE ADVISORY COUNCIL IS SCHEDULED FOR REVIEW IN
ACCORDANCE WITH SECTION 2-3-1203.
PAGE 4-HOUSE BILL 26-1426
      SECTION 7. In Colorado Revised Statutes, amend 6-1-102 as
follows:
       6-1-102. Definitions.
       As used in this article 1, unless the context otherwise requires:
       (1) "Advertisement" includes the MEANS AN attempt by publication,
dissemination, solicitation, or circulation, WHETHER visual, oral, or written,
to induce directly or indirectly any A person to enter into any obligation A
TRANSACTION or to acquire any A title or AN interest in any property.
       (2) (a) "Article" means a product. as distinguished from
       (b) "ARTICLE" DOES NOT MEAN a trademark, label, or distinctive
dress in packaging.
      (2.5) (3) "Business day" means any calendar day except Sunday,
New Year's day, the third Monday in January observed as the birthday of
Dr. Martin Luther King, Jr., Washington-Lincoln PRESIDENTS' day,
Memorial day, Juneteenth, Independence day, Labor day, Frances Xavier
Cabrini day, Veterans' day, Thanksgiving, and Christmas.
       (2.7) (4) "Buyers' club" means any A person engaged in advertising
or selling memberships that provide an exclusive right to members to
purchase goods, food, services, or property at purported discount prices.
      (3) (5) "Certification mark" means a mark THAT IS used in
connection with the goods or services of a person other than the certifier IN
ORDER to indicate:
      (a) Geographic origin, material, mode of manufacture, quality,
accuracy, or other characteristics of the goods or services; or to indicate
     (b) That the work or labor on the goods or services was performed
by members of a union or other organization.
       (4) (6) "Collective mark" means a mark used by members of a
cooperative, association, or other collective group or organization to
identify goods or 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) "Dance studio" means any A person engaged in the
advertisement or sale of dance studio services.
       (4.2) (8) "Dance studio services" means instruction, training, or
assistance in dancing; the use of dance studio facilities; membership in any
group, club, or association formed by a dance studio; and participation in
dance competitions, dance showcases, trips, tours, parties, and other
organized events and related travel arrangements.
       (4.3) (9) (a) "Discount health plan" means a program evidenced by
a membership agreement, contract, card, certificate, device, or mechanism,
which PROGRAM offers health-care services, as defined in section 10-16-102
(33), C.R.S., or related products, including but not limited to, prescription
drugs and medical equipment, at purported discounted rates from
health-care providers advertised as participating in the program.
       (b) A "Discount health plan" does not include a program in which:
       (I) 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; and
       (II) The PARTICIPATING provider is not required to offer discounted
prices for his or her THE PARTICIPATING PROVIDER'S services as part of the
program.
       (4.4) (10) "Elderly person" means a person sixty years of age OLD
or older.
       (4.5) (11) "Food" means any raw, cooked, or processed edible
substance, beverage, or ingredient used or intended for use or for sale in
whole or part for human consumption.
      (4.6) (12) (a) "Health club" means an establishment which THAT
provides health club services or HEALTH CLUB facilities which THAT purport
to improve or maintain the A user's physical condition or appearance
PAGE 6-HOUSE BILL 26-1426
through exercise. The term may include, but shall not be limited to,
      (b) "HEALTH CLUB" INCLUDES a spa, AN exercise club, AN exercise
gym, A health studio, or playing courts AND A PLAYING COURT.
      (c) The term shall not apply to any of the following "HEALTH CLUB"
DOES NOT INCLUDE:
       (a) (I) Any AN establishment operated by a nonprofit organization
or public or private school, college, or university;
        (b) (II) Any AN establishment operated by the federal government,
the state of Colorado, or any of the state's political subdivisions;
       (c) (III) Any AN establishment which THAT does not provide health
club services or HEALTH CLUB facilities as its primary purpose or business;
or
        (d) (IV) Health-care facilities A HEALTH-CARE FACILITY licensed or
certified by the department of public health and environment pursuant to its
authority under section 25-1.5-103. C.R.S.
       (4.7) (13) "Health club facilities" means equipment, physical
structures, and other tangible property utilized USED by a health club to
conduct its business. The term may include, but shall not be limited to,
"HEALTH CLUB FACILITIES" INCLUDES saunas, whirlpool baths, gymnasiums,
running tracks, playing courts, swimming pools, shower areas, and exercise
equipment.
       (4.8) (14) "Health club services" means services, privileges, or
rights offered for sale or provided by a health club.
        (4.9) (15) "Manufactured home" shall have HAS the same meaning
as set forth in section 42-1-102 (48.8).
      (5) (16) "Mark" means a word, name, symbol, device, or any
combination thereof in any form or arrangement.
       (5.5) (17) "Motor vehicle" has the same meaning as set forth in
section 44-20-102.
PAGE 7-HOUSE BILL 26-1426
        (6) (18) "Person" means an individual, A corporation, A business
trust, AN estate, A trust, A partnership, AN unincorporated association, or
two or more thereof having a joint or common interest or any other legal or
commercial entity.
       (7) (19) "Promoting a pyramid promotional scheme" means inducing
OR ATTEMPTING TO INDUCE one or more other persons to become
participants or attempting to so induce IN, or assisting another in promoting
PERSON TO PROMOTE, a pyramid promotional scheme by means of
references or otherwise.
       (8) (20) "Property" means: any
       (a) Real or personal property; or
       (b) Both real and personal property;
       (c) Intangible property; or AND
       (d) Services.
        (9) (21) (a) "Pyramid promotional scheme" means any program
utilizing USING 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 PROMOTIONAL SCHEME" DOES NOT INCLUDE ordinary
sales of goods or services to persons who THAT are not purchasing in order
to participate in such a scheme are not within this definition DESCRIBED IN
SUBSECTION (21)(a) OF THIS SECTION.
       (9.5) (22) "Resale time share" means a time share, including all or
substantially all ownership, rights, or interests associated with the time
share:
      (a) That has been acquired previously for personal, family, or
household use; and
PAGE 8-HOUSE BILL 26-1426
       (b) (I) That is owned by a Colorado resident; or
       (II) The accommodations and other facilities of which are available
for use through the time share and are primarily located in Colorado.
        (10) (23) "Sale" means any A sale, AN offer for sale, or AN attempt
to sell any A product, good, or property for any consideration.
       (11) (24) "Service mark" means a mark used by a person to identify
services and to distinguish them from the services of others.
       (11.2) Repealed.
       (11.5) (25) "Time share" means a time share estate, as defined in
section 38-33-110 (5), a time share use, as defined in section 12-10-501 (4),
or any campground or recreational membership that does not constitute the
transfer of an interest in real property.
       (11.7) (a) (26) (a) "Time share resale entity" means any A person
who THAT, either directly or indirectly, engages in a time share resale
service.
       (b) "Time share resale entity" does not include:
        (I) The developer, association of time share owners, or other person
responsible for managing or operating the plan or arrangement by which the
rights or interests associated with a resale time share are utilized, but only
to the extent the resale time share is part of an existing plan or arrangement
managed by that developer, association, or person;
        (II) Attorneys, title agents, title companies, or escrow companies
providing AN ATTORNEY, A TITLE AGENT, A TITLE COMPANY, OR AN ESCROW
COMPANY THAT PROVIDES closing, settlement, or other transaction services,
as SO long as the services are provided in the normal 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 attorney, title agent, title
company, or escrow company 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 party to a time share resale transaction, this exemption
PAGE 9-HOUSE BILL 26-1426
does not apply.
        (III) A real estate brokers BROKER operating within the scope of
activities specified in section 12-10-201 (6) with respect to a time share
resale transaction as SO long as the real estate broker does not collect a fee
in advance. To the extent a real estate broker is engaged in activities outside
the scope of activities specified in section 12-10-201 (6), collects an
advance fee, or has an affiliated business arrangement with a party to a time
share resale transaction, this exemption does not apply.
        (11.8) (27) "Time share resale service" means any of the following
activities, engaged in directly or indirectly and for consideration, regardless
of whether performed in person, by mail, by telephone, or by any other
mode of internet or electronic communication, unless performed by a person
or entity that, pursuant to paragraph (b) of subsection (11.7) SUBSECTION
(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;
        (b) The purchase or offer to purchase any resale time share;
       (c) The transfer or offer to assist in the transfer of any resale time
share; or
       (d) The invalidation OF, or an offer to invalidate, the purchase or
ownership of any resale time share or the purchase of any time share resale
service.
        (11.9) (a) (28) (a) "Time share resale transfer agreement" means 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
contract 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; and
       (B) Upon the actual sale, rental, or transfer of the time share,
receives consideration.
       (II) For purposes of this subsection (11.9) SUBSECTION (28), a
transfer of the resale time share does not, by itself, constitute consideration.
      (12) (29) "Trademark" means a mark used by a person to identify
goods and to distinguish them from the goods of others.
       (13) (30) "Trade name" means a word, name, symbol, OR device, or
any combination thereof, in any form or arrangement used by a person to
identify his THE PERSON'S business, vocation, or occupation and to
distinguish it from the business, vocation, or occupation of others.
       (13.5) "Unavoidable delay" means inclement weather and other
events outside the control of the buyer or seller.
        (14) (31) "Used motor vehicle" shall have HAS the same meaning as
set forth in section 42-6-201 (8). C.R.S.
      SECTION 8. In Colorado Revised Statutes, amend 6-1-104 as
follows:
       6-1-104. Cooperative reporting.
        The 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 of this article 1 and transmitting the complaints to the attorney
general.
        SECTION 9. In Colorado Revised Statutes, 6-1-105, amend (1)
introductory portion, (1)(f), (1)(g), (1)(m), (1)(p), (1)(z), and (1)(cccc); and
repeal (1)(x), (1)(cc), (1)(ll), (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:
PAGE 11-HOUSE BILL 26-1426
       6-1-105. Unfair or deceptive trade practices - definitions.
      (1) A person engages in a 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 he THE PERSON
knows or should know that they are deteriorated, altered, reconditioned,
reclaimed, used, or secondhand;
       (g) Represents that:
       (I) Goods, food, services, or property are IS of a particular standard,
quality, or grade IF THE PERSON KNOWS OR SHOULD KNOW THAT THEY ARE
OF ANOTHER STANDARD, QUALITY, OR GRADE; or that
       (II) Goods are of a particular style or model if he THE PERSON knows
or should know that they are of another STYLE OR MODEL;
       (m) Fails to deliver to the A customer at the time of an installment
sale of goods or services a written order, contract, or receipt setting forth
the name and address of the seller, the name and address of the organization
which he 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) Solicits door-to-door as a seller, unless the seller, within thirty
seconds after beginning the conversation, identifies himself or herself
THEMSELF, whom he or she represents THEY REPRESENT, and the purpose of
the call VISIT;
       (x) Violates sections 6-1-203 to 6-1-206 or part 7 of this article 1;
       (z) (I) 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) ENGAGES IN A COMMERCIAL ACTIVITY OR PRACTICES A
PROFESSION OR OCCUPATION IN THE STATE DESPITE FAILING TO OBTAIN THE
QUALIFICATIONS REQUIRED BY LAW OR THE COLORADO 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) Either knowingly or recklessly makes a false representation as
to the results of a radon test or the need for radon mitigation;
       (mm) Violates section 35-27-113 (3)(e), (3)(f), or (3)(i), C.R.S.;
        (oo) Fails to comply with the provisions of section 35-80-108 (1)(a),
(1)(b), or (2)(f), C.R.S.;
       (rr) Violates the provisions of part 8 of this article;
       (tt) Violates any provision of part 9 of this article;
       (ww) Violates any provision of section 6-1-702;
       (xx) Violates any provision of part 11 of this article;
       (zz) Violates any provision of section 6-1-717;
       (ccc) Violates the provisions of section 6-1-722;
       (ddd) Violates section 6-1-724;
       (eee) Violates section 6-1-701;
       (fff) Violates section 6-1-723;
       (ggg) Violates section 6-1-725;
        (hhh) Either knowingly or recklessly represents that hemp, hemp oil,
or any derivative of a hemp plant constitutes retail marijuana or medical
marijuana unless it fully satisfies the definition of such products pursuant
to section 44-10-103 (34) or (57);
       (jjj) Violates section 6-1-726;
       (mmm) Violates section 12-30-112;
PAGE 13-HOUSE BILL 26-1426
       (uuu) Violates section 12-10-403.5;
       (www) Violates section 25-18.9-104;
      (xxx)     Violates section 12-30-112, 12-30-113, 25-3-121, or
25-3-122;
       (yyy) Violates section 25-49-106;
       (zzz) Fails to comply with the requirements of section 12-280-142;
       (bbbb) Violates section 25.5-1-904;
        (cccc) Sells 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) Fails to register a mobile home park in violation of section
38-12-1106;
       (llll) Violates section 42-4-221 (12);
       SECTION 10. In Colorado Revised Statutes, 6-1-107, amend (1)
introductory portion, (1)(a), (1)(c), (1)(e), and (2) as follows:
       6-1-107. Powers of attorney general and district attorneys.
        (1) When the attorney general or a district attorney has reasonable
cause to believe that any A person whether in this state or elsewhere has
engaged in, or is engaging in, any OR OTHERWISE HAS INFORMATION
RELEVANT TO AN UNFAIR OR deceptive trade practice listed DESCRIBED in
section 6-1-105 or part 7 or 13 of this article 1, the attorney general or
district attorney may:
       (a) Request such 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 property by such THE person and
any other data and information he 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 he THE ATTORNEY GENERAL OR DISTRICT
ATTORNEY deems necessary;
       (e) Pursuant to any order of any district court, impound any sample
of property which THAT is material to such THE UNFAIR OR deceptive trade
practice and retain the same in his THE ATTORNEY GENERAL'S OR DISTRICT
ATTORNEY'S possession until completion of all proceedings undertaken
under this article ARTICLE 1. An order shall not be issued pursuant to this
paragraph (e) SUBSECTION (1)(e) without full opportunity given to the
accused to be heard and unless the attorney general or district attorney has
proven by clear and convincing evidence that the business activities of the
person to whom an order is directed will not be impaired thereby BY THE
ORDER.
        (2) Nothing in subsection (1) of this section shall be construed to
allow a district attorney to enforce the provisions of this article ARTICLE 1
beyond the territorial limits of his THE DISTRICT ATTORNEY'S judicial district
unless:
        (a) The alleged UNFAIR OR deceptive trade practice or any portion
of a transaction involving an alleged UNFAIR OR deceptive trade practice
occurred in said THE district attorney's judicial district; or unless
       (b) The principal place of business of any A defendant is located in
said THE district attorney's district; or unless
        (c) Any A defendant resides in said THE district attorney's judicial
district.
        SECTION 11. In Colorado Revised Statutes, 6-1-108, amend (1),
(3)(a) introductory portion, and (3)(a)(II) as follows:
       6-1-108. Subpoenas - hearings - rules.
        (1) When 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 listed DESCRIBED in
section 6-1-105 or part 7 or 13 of this article 1, the attorney general or a
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 any investigation or inquiry,
and prescribe such forms and promulgate ADOPT such rules as may be
necessary to administer the provisions of this article 1.
      (3) (a) If the records of a person who THAT has been issued a
subpoena are located outside this state, the person shall either:
       (II) Pay the reasonable and necessary expenses for the attorney
general or district attorney, or his or her THE ATTORNEY GENERAL'S OR
DISTRICT ATTORNEY'S designee, to examine the records at the place where
they are maintained.
       SECTION 12. In Colorado Revised Statutes, 6-1-110, amend (1)
and (2) as follows:
      6-1-110. Restraining orders - injunctions - assurances of
discontinuance.
        (1) Whenever the attorney general or a district attorney has cause to
believe that a person has engaged in or is engaging in any A deceptive trade
practice listed DESCRIBED in 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 temporary restraining
order or injunction, or both, pursuant to the Colorado rules of civil
procedure, prohibiting the person from continuing the practices, or engaging
therein, or doing any act in furtherance thereof. The court may make such
orders or judgments as may be necessary to prevent the use or employment
by the person of any such deceptive trade practice or that may be necessary
to completely compensate or restore to the original position of any person
injured by means of any such practice or to prevent any unjust enrichment
by any person through the use or employment of any A deceptive trade
practice.
        (2) Where the attorney general or a district attorney has authority to
institute a civil action or other proceeding pursuant to the provisions of this
article 1, the attorney general or district attorney may accept, in lieu thereof
or as a part thereof, an assurance of discontinuance of any A deceptive trade
practice listed DESCRIBED in section 6-1-105 or part 7 or 13 of this article
PAGE 16-HOUSE BILL 26-1426
1. The assurance may include a stipulation for the voluntary payment by the
alleged violator of the costs of investigation and any action or proceeding
by the attorney general or a district attorney and any amount necessary to
restore to any person any money or property that may have been acquired
by the alleged violator by means of any such THE deceptive trade practice.
Any such AN assurance of discontinuance accepted by the attorney general
or a district attorney and any such A stipulation filed with the court as a part
of any such AN action or proceeding is a matter of public record unless the
attorney general or the district attorney determines, at the discretion of the
attorney general or district attorney, that it will be confidential to the parties
to the action or proceeding and to the court and its employees. Upon the
filing of a civil action by the attorney general or a district attorney alleging
that a confidential assurance of discontinuance or stipulation accepted
pursuant to this subsection (2) has been violated, the assurance of
discontinuance or stipulation becomes a public record and open to
inspection by any person. Proof by a preponderance of the evidence of a
violation of any such AN assurance or stipulation constitutes prima facie
evidence of a deceptive trade practice for the purposes of any civil action
or proceeding brought thereafter by the attorney general or a district
attorney, whether a new action or a subsequent motion or petition in any
pending action or proceeding.
        SECTION 13. In Colorado Revised Statutes, 6-1-112, amend
(1)(d), (1)(e), and (3) as follows:
       6-1-112. Civil penalties - definition.
       (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
follows:
        (d) Any A person who THAT violates or causes another to violate the
provisions of section 6-1-105 (1)(fff) SECTION 6-1-723 by distributing,
dispensing, displaying for sale, offering for sale, attempting to sell, or
selling any A product that is labeled as a "bath salt" or any other trademark
if the product contains any amount of any cathinones, as defined in section
18-18-102 (3.5), C.R.S., shall 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
thousand 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 of age OLD and at least two years older than the minor.
        (e) Any A person who THAT violates or causes another to violate the
provisions of section 6-1-105 (1)(ggg) SECTION 6-1-725 by distributing,
dispensing, displaying for sale, offering for sale, attempting to sell, or
selling any A product that contains any amount of any synthetic
cannabinoid, as defined in section 18-18-102 (34.5), C.R.S., shall 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
violation; except that the person shall forfeit and pay to the general fund of
the state a civil penalty of not less than twenty-five thousand dollars and not
more than five hundred thousand dollars for each 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 of age OLD and at least two years older than
the minor.
        (3) The attorney general or district attorney shall transmit any civil
penalty collected in accordance with this section for a violation described
in section 6-1-105 (1)(dddd) SECTION 38-12-1106 AND ENFORCED UNDER
SECTION 6-1-105 (1)(z) to the state treasurer for deposit in the mobile home
park water quality fund created in section 25-8-1006.
        SECTION 14. In Colorado Revised Statutes, 6-1-116, amend (4)
as follows:
      6-1-116. Investigation of unfair business practices by regulated
persons - district attorney requests for records from licensing
authorities - interagency agreements with attorney general - legislative
declaration - definitions.
       (4) NOTWITHSTANDING ANY LAW TO THE CONTRARY, subject to
approval by the head of an executive department, a state licensing authority
within the department may enter into an interagency agreement with the
attorney general or the 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 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.
      SECTION 15. In Colorado Revised Statutes, add 6-1-117 as
follows:
      6-1-117. Colorado consumer protection act advisory council -
created - membership - duties - subject to review - repeal.
      (1) THE COLORADO CONSUMER PROTECTION ACT ADVISORY
COUNCIL, REFERRED TO IN THIS SECTION AS THE "ADVISORY COUNCIL", IS
CREATED IN THE DEPARTMENT OF LAW. THE ADVISORY COUNCIL CONSISTS
OF THREE MEMBERS APPOINTED BY THE ATTORNEY GENERAL AS FOLLOWS:
      (a) ONE MEMBER REPRESENTING THE BUSINESS COMMUNITY OR AN
ASSOCIATION REPRESENTING BUSINESS INTERESTS;
     (b) ONE MEMBER REPRESENTING A STATEWIDE CONSUMER
ADVOCACY ORGANIZATION; AND
      (c) ONE MEMBER OF THE PUBLIC.
      (2) THE MEMBERS OF THE ADVISORY COUNCIL SHALL ELECT A CHAIR
AND VICE-CHAIR FROM AMONG THE ADVISORY COUNCIL MEMBERS
APPOINTED PURSUANT TO SUBSECTION (1) OF THIS SECTION, WHICH
PRESIDING OFFICERS SHALL SERVE TERMS OF TWO YEARS. ADVISORY
COUNCIL MEMBERS MAY REELECT A PRESIDING OFFICER.
      (3) (a) EACH MEMBER OF THE ADVISORY COUNCIL SERVES AT THE
PLEASURE OF THE ATTORNEY GENERAL FOR A TERM OF THREE YEARS;
EXCEPT THAT:
       (I) THE INITIAL MEMBER APPOINTED PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION SHALL SERVE A TERM OF ONE YEAR; AND
       (II) THE INITIAL MEMBER APPOINTED PURSUANT TO SUBSECTION
(1)(b) OF THIS SECTION SHALL SERVE A TERM OF TWO YEARS.
PAGE 19-HOUSE BILL 26-1426
     (b) THE ATTORNEY GENERAL MAY REAPPOINT A MEMBER TO SERVE
NO MORE THAN THREE TERMS.
       (c) MEMBERS 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) THE ADVISORY COUNCIL SHALL MEET AT LEAST TWO TIMES EACH
YEAR TO DISCUSS EMERGING ISSUES IN CONSUMER PROTECTION AND ANY
OTHER MATTERS REFERRED TO THE ADVISORY COUNCIL FOR DISCUSSION BY
THE ATTORNEY GENERAL.
     (5) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032.
BEFORE THE REPEAL, THE ADVISORY COUNCIL IS SCHEDULED FOR REVIEW IN
ACCORDANCE WITH SECTION 2-3-1203.
      SECTION 16. In Colorado Revised Statutes, amend 6-1-205 as
follows:
      6-1-205. Information to be disclosed in advertisements for rental
agreements for rental motor vehicles.
        In any advertisement to the public for a rental agreement for a rental
motor vehicle that includes a rental rate, the lessor shall prominently
disclose on the face of any such THE advertisement the daily charge of any
collision damage waiver offered, a statement informing a prospective lessee
that he or she THE PROSPECTIVE LESSEE should review his or her THE
PROSPECTIVE LESSEE'S own automobile insurance coverage to determine if
such THE coverage applies to the use of a rental motor vehicle, and a
statement that a prospective lessee may also wish to determine whether his
or her THE PROSPECTIVE LESSEE'S credit card or travel and entertainment
card provides collision damage coverage for use of a rental motor vehicle
or other such privilege of membership.
        SECTION 17. In Colorado Revised Statutes, 6-1-702.5, amend
(3)(c), (4)(a), (4)(b), (4)(e), (4)(f), (4)(g), and (5)(b) as follows:
      6-1-702.5. Commercial electronic mail messages - unfair or
deceptive trade practice - remedies - definitions - short title - legislative
declaration.
PAGE 20-HOUSE BILL 26-1426
       (3) As used in this section:
      (c) "Electronic mail service provider" "PROVIDER OF INTERNET
ACCESS SERVICE" means a provider of internet access service, as defined in
47 U.S.C. sec. 231.
        (4) (a) In the case of any A violation of this section, an electronic
mail service A 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
competent jurisdiction and may, upon proof of such violation, recover such
sums as are allowed under this subsection (4).
       (b) (I) In any such action, if the electronic mail service provider OF
INTERNET ACCESS SERVICE prevails, the provider shall be IS entitled to
actual damages. Upon a showing that the sender of a commercial electronic
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 OF INTERNET ACCESS SERVICE may recover attorney fees and costs.
        (II) In any such action, if the electronic mail service provider OF
INTERNET ACCESS SERVICE prevails, the provider is also entitled to recover,
as part of the judgment, statutory damages in the amount of one thousand
dollars for each commercial electronic mail message transmitted in
violation of this section; except that the total amount of statutory damages
awarded against a single defendant based on one transaction or occurrence
shall not exceed ten million dollars.
        (e) Electronic mail service Providers OF INTERNET ACCESS SERVICE
that adopt and implement terms, conditions, or technical measures in good
faith to prevent or prohibit the origination or transmission of commercial
electronic mail messages in violation of this section shall be ARE 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 service A provider shall be OF INTERNET
ACCESS SERVICE IS NOT liable for the mere transmission of commercial
electronic mail messages over the provider's computer network or facilities.
       (g) This section shall not be construed to require any electronic mail
PAGE 21-HOUSE BILL 26-1426
service A provider OF INTERNET ACCESS SERVICE to carry or deliver any
electronic mail merely because a sender complies with the provisions of this
section.
       (5) (b) The attorney general is encouraged to and may, in his or her
THE ATTORNEY GENERAL'S discretion, cooperate with an electronic mail
service A provider OF INTERNET ACCESS SERVICE in an action by such THE
provider under 15 U.S.C. sec. 7706 (g).
       SECTION 18. In Colorado Revised Statutes, 6-1-704, amend (1)
introductory portion and (1)(c)(V) as follows:
       6-1-704. Health clubs - deceptive trade practices.
       (1) A person engages in a deceptive trade practice when, in the
course of such THE person's business, vocation, or occupation, such THE
person engages in one or more of the following activities in connection with
the advertisement or sale of a membership in a health club:
     (c) Fails to allow the buyer, or the estate of the buyer, to cancel the
membership contract when:
        (V) The seller permanently discontinues operation of the health club
or sells the health club and the sale results in substantial alteration of the
quality of health club services or HEALTH CLUB facilities or the nature of
benefits so that they no longer conform to the provisions of the membership
contract; but there shall be EXCEPT THAT THE HEALTH CLUB HAS a thirty-day
"right to cure" during which the fees payable by the buyer under the
membership contract shall be ARE suspended and the health club may bring
the services, facilities, and benefits into conformance with the provisions
of the membership contract;
        SECTION 19. 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); and add (2) as follows:
       6-1-707. Use of title or degree - deceptive trade practice - subject
to review - repeal.
PAGE 22-HOUSE BILL 26-1426
      (1) A person AN INDIVIDUAL engages in a deceptive trade practice
when, in the course of the person's INDIVIDUAL'S business, vocation, or
occupation, the person 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 A degree, unless the person INDIVIDUAL has, in fact, been awarded
said SUCH A degree from an institution that is:
         (E) Authorized to grant degrees pursuant to article 2 of title 23.
C.R.S.
        (II) This paragraph (a) shall SUBSECTION (1)(a) DOES not apply to
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. C.R.S.
        (III) No person AN INDIVIDUAL awarded a doctoral degree from an
institution not listed in this subsection (1)(a) shall NOT claim in the state,
either orally or in writing, the title "Dr." before the person's INDIVIDUAL'S
name or any mark, appellation, or series of letters, numbers, or words such
as but not limited 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's INDIVIDUAL'S name.
        (b) Claims either orally 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 person THE INDIVIDUAL is a dietitian, unless
such person THE INDIVIDUAL:
        (I) Possesses 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:
       (B) Authorized to grant degrees pursuant to article 2 of title 23;
C.R.S.; or
        (d) (I) Claims either orally or in writing to be a "certified optician"
or "certified opticien", unless such person THE INDIVIDUAL holds a current
certificate of competence issued by the American Board of Opticianry. Each
PAGE 23-HOUSE BILL 26-1426
certificate shall be prominently displayed or maintained in such person's
THE INDIVIDUAL'S place of business and made available for immediate
inspection and review by any consumer or agent of the state. of Colorado.
No person may AN INDIVIDUAL SHALL NOT associate a service, product, or
business name with the title "certified optician" unless such person THE
INDIVIDUAL holds the required certificate of competence. This subsection
(1)(d) shall DOES not apply to persons INDIVIDUALS authorized under article
240 or 275 of title 12 to practice medicine or optometry.
       (II) Performs or claims orally or in writing to be able to perform 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), SUBSECTION
(1)(d)(II) OF THIS SECTION if said THE optician performs the described
procedures under the direction and supervision of a person AN INDIVIDUAL
who has statutory authority under title 12 C.R.S., to supervise the work of
others within the scope of his or her THE INDIVIDUAL'S license.
        (e) (I) Claims to be a "sign language interpreter", "interpreter for the
deaf", "deaf interpreter", "ASL-English interpreter", "American sign
language (ASL) interpreter", "translator" for sign language, "transliterator",
"certified sign language interpreter", "certified translator" for sign language,
"certified interpreter for the deaf", "certified deaf interpreter", "certified
ASL-English interpreter", "certified American sign language (ASL)
interpreter", or "certified transliterator", unless the person INDIVIDUAL
holds:
      (II) A person AN INDIVIDUAL who uses any of the titles listed in this
subsection (1)(e) shall make available for immediate inspection by any
consumer or agent of the state:
        (f) Claims to be a verified instructor for a firearms safety course that
satisfies the requirements for a concealed handgun training class described
in section 18-12-202.5, unless the person INDIVIDUAL is verified as a
firearms instructor by a sheriff pursuant to section 18-12-202.7.
     (2) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2034.
BEFORE THE REPEAL, THE IMPLEMENTATION OF THIS SECTION IS SCHEDULED
PAGE 24-HOUSE BILL 26-1426
FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104.
       SECTION 20. In Colorado Revised Statutes, 6-1-713, amend (2)
introductory portion and (2)(a) as follows:
       6-1-713. Disposal of personal identifying information - policy -
definitions.
      (2) For the purposes of AS USED IN this section and section
6-1-713.5:
        (a) "Covered entity" means a person as defined in section 6-1-102
(6), that maintains, owns, or licenses personal identifying information in the
course of the person's business, vocation, or occupation. "Covered entity"
does not include a person acting as a third-party service provider as defined
in section 6-1-713.5.
       SECTION 21. In 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:
       6-1-715. Confidentiality of social security numbers.
      (1) Except as provided in subsections (2) to (4) of this section, a
person or entity may SHALL not: do any of the following:
        (c) Require an individual to transmit his or her THE INDIVIDUAL'S
social security number over the internet, unless the connection is secure or
the social security number is encrypted;
       (d) Require an individual to use his or her THE INDIVIDUAL'S social
security number to access an internet website, unless a password or unique
personal identification number or other authentication device is also
required to access the internet website; and OR
       (2) (a) A person or entity that has used, prior to January 1, 2007, an
individual's 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 entity provides the individual with an annual
disclosure that informs the individual that he or she THE INDIVIDUAL has the
right to stop the use of his or her THE INDIVIDUAL'S social security number
in a manner prohibited by subsection (1) of this section.
       (b) The person or entity shall implement a written request by an
individual to stop the use of his or her THE INDIVIDUAL'S social security
number in a manner prohibited by subsection (1) of this section within thirty
days after the receipt of the request. The person or entity may SHALL not
impose a fee or charge for implementing the request.
        SECTION 22. In Colorado Revised Statutes, 6-1-716, amend
(1)(a), (1)(b), (2)(a.3) introductory portion, and (2)(a.3)(I) as follows:
       6-1-716. Notification of security breach - definitions.
       (1) Definitions. As used in this section, unless the context otherwise
requires:
       (a) "Biometric data" means unique biometric data generated from
measurements or analysis of human body characteristics for the purpose of
authenticating the individual when he or she THE INDIVIDUAL accesses an
online account.
        (b) "Covered entity" means a person as defined in section 6-1-102
(6), that maintains, owns, or licenses personal information in the course of
the person's business, vocation, or occupation. "Covered entity" does not
include a person acting as a third-party service provider. as defined in
subsection (1)(i) of this section.
       (2) Disclosure of breach.
       (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 reasonably likely to be misused, then the covered entity shall,
in addition to the notice otherwise required by subsection (2)(a.2) of this
section and in the most expedient time possible and without unreasonable
delay, but not later than thirty days after the date of THE 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) Direct the person INDIVIDUAL whose personal information has
been breached to promptly change his 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
other online accounts for which the person whose personal information has
been breached INDIVIDUAL uses the same username or email address and
password or security question or answer.
        SECTION 23. In Colorado Revised Statutes, 6-1-722, amend (4)
as follows:
       6-1-722. Gift certificates - validity - exemptions - definition.
       (4) A violation of this section shall be deemed a IS AN UNFAIR OR
deceptive trade practice as provided in section 6-1-105 (1)(ccc) THIS
ARTICLE 1.
        SECTION 24. In Colorado Revised Statutes, 6-1-723, amend (2)
as follows:
      6-1-723.     Cathinone bath salts - unfair or deceptive trade
practice.
        (2) (a) A violation of this section shall be deemed a IS AN UNFAIR OR
deceptive trade practice, as provided in section 6-1-105 (1)(fff), and the A
violator shall be IS subject to a civil penalty as 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 be IS deemed to
have committed a violation for each individually packaged product that he
or she THE PERSON distributed, dispensed, manufactured, displayed for sale,
offered for sale, attempted to sell, or sold in violation of subsection (1) of
this section.
       SECTION 25. In Colorado Revised Statutes, 6-1-724, amend (6)
introductory portion, (6)(g) introductory portion, (6)(g)(II), (6)(n)
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:
       6-1-724. Unlicensed alternative health-care practitioners - unfair
or deceptive trade practice - short title - legislative declaration -
definitions.
       (6) A complementary and alternative health-care practitioner
providing complementary and alternative health-care services DESCRIBED
under this section who is not licensed, certified, or registered by the state
shall not:
      (g) Perform enemas AN ENEMA or A colonic irrigation unless the
complementary and alternative health-care practitioner:
       (II) Discloses that he or she THE PRACTITIONER is not a physician
licensed pursuant to article 240 of title 12; and
        (n) Treat a child who is two years of age OLD or older but less than
eight years of age OLD unless the complementary and alternative health-care
practitioner:
       (II) Discloses that he or she THE PRACTITIONER is not a physician
licensed pursuant to article 240 of title 12;
       (q) Practice or represent that he or she THE PRACTITIONER is
practicing massage or massage therapy as defined in article 235 of title 12;
       (t) Hold oneself out as, state, indicate, advertise, or imply to a client
or prospective client that he or she 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) Any person AN INDIVIDUAL providing complementary and
alternative health-care services in this state who is not licensed, certified,
or registered by the state as a health-care professional; is not regulated by
a professional board or the division of professions and occupations in the
department of regulatory agencies pursuant to title 12; C.R.S., and is
advertising or charging a fee for health-care services shall provide to each
client during the initial client contact the following information in a plainly
PAGE 28-HOUSE BILL 26-1426
worded written statement:
      (IV) A listing of any degrees, training, experience, credentials, or
other qualifications the person INDIVIDUAL holds regarding the
complementary and alternative health-care services he or she THE
INDIVIDUAL provides;
       (10) This section does not apply to or prohibit:
      (a) Any A licensed, certified, or registered health-care professional
from practicing his or her THEIR regulated profession;
        SECTION 26. In Colorado Revised Statutes, 6-1-725, amend (2)
as follows:
      6-1-725. Synthetic cannabinoids - incense - unfair or deceptive
trade practice.
        (2) (a) A violation of this section is a AN UNFAIR OR deceptive trade
practice, as provided in section 6-1-105 (1)(ggg), and the A violator shall be
IS subject to a civil penalty as described in section 6-1-112 (1)(e) in addition
to any applicable criminal penalty.
        (b) For the purposes of this section, a person shall be IS deemed to
have committed a violation for each individually packaged product that he
or she THE PERSON distributed, dispensed, manufactured, displayed for sale,
offered for sale, attempted to sell, or sold in violation of subsection (1) of
this section.
       SECTION 27. In Colorado Revised Statutes 6-1-727, amend (3)(b)
introductory portion, (3)(b)(III), (3)(c) introductory portion, and (3)(c)(I) as
follows:
       6-1-727. Immigration-related services provided by nonattorneys
- unfair or deceptive trade practice - definitions.
      (3) Prohibited practices - assistance with immigration matters
- permitted practices.
       (b) If a person other than a person listed in subparagraph (I) or (II)
PAGE 29-HOUSE BILL 26-1426
of paragraph (a) of this subsection (3) SUBSECTION (3)(a)(I) OR (3)(a)(II) OF
THIS SECTION engages in or offers to engage in one or more of the following
acts or practices in an immigration matter for compensation, the person
engages in a AN UNFAIR OR deceptive trade practice AS DESCRIBED IN THIS
ARTICLE 1:
       (III) Selecting for another person, assisting another person in
selecting, or advising another person in selecting his or her THE 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, a person other than a person listed in subparagraph (I) or (II)
of paragraph (a) of this subsection (3) SUBSECTION (3)(a)(I) OR (3)(a)(II) OF
THIS SECTION engages in a AN UNFAIR OR deceptive trade practice in an
immigration matter if he or she THE PERSON represents, in any language,
either orally or in a document, letterhead, advertisement, stationery,
business card, website, or other written material that he or she THE PERSON:
       (I) Is a notario publico, notario, immigration assistant, immigration
consultant, immigration specialist, or other designation or title that conveys
or implies in any language that he or she THE PERSON possesses professional
legal skills or expertise in the area of immigration law; or
        SECTION 28. In Colorado Revised Statutes, 6-1-739, repeal (1)(b)
as follows:
       6-1-739. Veterans' benefits matters - compensation for services
- written agreements - advertising - disclosures - deceptive trade
practice - definitions.
       (1) As used in this section, unless the context otherwise requires:
       (b) "Person" has the same meaning as set forth in section 6-1-102.
       SECTION 29. In Colorado Revised Statutes, 6-1-803, amend (2)
introductory portion as follows:
       6-1-803. Prohibited practices and required disclosures.
PAGE 30-HOUSE BILL 26-1426
       (2) No A sponsor shall NOT represent that a person has won or
unconditionally will be the winner of a prize or use language that may lead
a person to believe he or she THE PERSON has won a prize, unless all of the
following conditions are met:
        SECTION 30. In Colorado Revised Statutes, 6-1-904, amend (1)(a)
as follows:
      6-1-904. Unlawful to make telephone solicitations to subscribers
on the Colorado no-call list - requirements for telephone solicitations
generally.
       (1) (a) No A person or entity shall NOT make or cause to be made
any telephone solicitation to the telephone of any residential subscriber or
wireless telephone service subscriber in this state who THAT has added his
or her THE SUBSCRIBER'S telephone number and zip code to the Colorado
no-call list in accordance with rules promulgated ADOPTED under section
6-1-905.
        SECTION 31. In Colorado Revised Statutes, 6-1-905, amend
(3)(b) introductory portion and (3)(b)(III) as follows:
       6-1-905. Establishment and operation of a Colorado no-call list
- rules.
       (3) (b) The public utilities commission shall establish, by rule,
guidelines for the designated agent for the development and maintenance
of the Colorado no-call list so that the no-call list can easily be accessed by
persons or entities desiring to make telephone solicitations and by state and
local law enforcement agencies. As soon as practicable after March 25,
2003, the public utilities commission shall promulgate ADOPT rules that:
        (III) Specify that the method by which each residential subscriber
and wireless telephone service subscriber may give notice to the designated
agent of his or her THE SUBSCRIBER'S objection to receiving such
solicitations, or may revoke such notice, shall be IS exclusively by 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;
       SECTION 32. In Colorado Revised Statutes, 6-1-1103, amend (2)
introductory portion and (7) as follows:
       6-1-1103. Definitions.
       As used in this part 11, unless the context otherwise requires:
       (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
personal THE PERSON'S OWN residence, who acquires title to a residence in
foreclosure; except that the term does not include a person who acquires
such title:
       (7) "Home owner" means the owner of a dwelling who occupies it
as his or her A 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). C.R.S.
        SECTION 33. In Colorado Revised Statutes, 6-1-1104, amend (5)
as follows:
       6-1-1104. Foreclosure consulting contract.
       (5) A foreclosure consulting contract shall contain the following
notice, AS DESCRIBED IN THIS SECTION OR AS ESTABLISHED UNDER SECTION
24-31-101 (1)(z)(III), which shall be printed in at least fourteen-point
bold-faced type, completed with the name of the foreclosure consultant, and
located in immediate proximity to the space reserved for the home owner's
signature:
                   Notice Required by Colorado Law
       _______ (Name) or (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/it THEM) or TO (his/her/its THEIR) associate.
       _______ (Name) or (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.
      You may, at any time, cancel this contract, without
      penalty of any kind.
      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
      foreclosure consultant, including facsimile and electronic
      mail address).
      As part of any cancellation, you (the home owner) must
      repay any money actually spent on your behalf by
      _____________________ (name of foreclosure consultant)
      prior to receipt of this notice and as a result of this
      agreement, within sixty days, along with interest at the
      prime rate published by the federal reserve plus two
      percentage points, with the total interest rate not to
      exceed eight percent per year.
      This is an important legal contract and could result in the
      loss of your home. Contact an attorney or a housing
      counselor approved by the federal department of housing
      and urban development before signing.
      SECTION 34. In Colorado Revised Statutes, add 6-1-1315 as
follows:
    6-1-1315. Colorado privacy act advisory council - created -
membership - duties - subject to review - repeal.
      (1) THE COLORADO PRIVACY ACT ADVISORY COUNCIL, REFERRED TO
IN THIS SECTION AS THE "ADVISORY COUNCIL", IS CREATED IN THE
DEPARTMENT OF LAW. THE ADVISORY COUNCIL CONSISTS OF THREE
MEMBERS APPOINTED BY THE ATTORNEY GENERAL AS FOLLOWS:
     (a) ONE MEMBER REPRESENTING A TECHNOLOGY COMPANY OR A
STATEWIDE ORGANIZATION REPRESENTING TECHNOLOGY COMPANIES;
      (b)   ONE 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 PUBLIC.
      (2) THE MEMBERS OF THE ADVISORY COUNCIL SHALL ELECT A CHAIR
AND VICE-CHAIR FROM AMONG THE ADVISORY COUNCIL MEMBERS
APPOINTED PURSUANT TO SUBSECTION (1) OF THIS SECTION, WHICH
PRESIDING OFFICERS SHALL SERVE TERMS OF TWO YEARS. ADVISORY
COUNCIL MEMBERS MAY REELECT A PRESIDING OFFICER.
      (3) (a) EACH MEMBER OF THE ADVISORY COUNCIL SERVES AT THE
PLEASURE OF THE ATTORNEY GENERAL FOR A TERM OF THREE YEARS;
EXCEPT THAT:
       (I) THE INITIAL MEMBER APPOINTED PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION SHALL SERVE A TERM OF ONE YEAR; AND
       (II) THE INITIAL MEMBER APPOINTED PURSUANT TO SUBSECTION
(1)(b) OF THIS SECTION SHALL SERVE A TERM OF TWO YEARS.
     (b) THE ATTORNEY GENERAL MAY REAPPOINT A MEMBER TO SERVE
NO MORE THAN THREE TERMS.
      (c) MEMBERS 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) THE ADVISORY COUNCIL SHALL MEET AT LEAST TWO TIMES EACH
YEAR TO DISCUSS EMERGING ISSUES IN DATA PRIVACY AND ANY MATTERS
REFERRED TO THE ADVISORY COUNCIL BY THE ATTORNEY GENERAL FOR THE
ADVISORY COUNCIL'S DISCUSSION.
     (5) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032.
BEFORE THE REPEAL, THE ADVISORY COUNCIL IS SCHEDULED FOR REVIEW IN
ACCORDANCE WITH SECTION 2-3-1203.
      SECTION 35. In Colorado Revised Statutes, amend 6-2-104 as
follows:
      6-2-104. Personal responsibility.
      (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
of this article ARTICLE 2, assists or aids, directly or indirectly, in such THE
violation shall be IS responsible equally with the person, firm, or
corporation for which he THE PERSON acts.
         (2) In the prosecution of any A person as officer, director, or agent,
it shall be IS sufficient to allege and prove the unlawful intent of the person,
firm, or corporation for which he THE PERSON acts.
      SECTION 36. In Colorado Revised Statutes, amend 6-2-107 as
follows:
       6-2-107. Allegation and proof - evidence.
       In any AN injunction proceeding or in the prosecution of any A
person as officer, director, or agent, it shall be IS sufficient to allege and
prove the unlawful intent of the person, firm, or corporation for which he
THE PERSON acts. Where a particular trade or industry of which the person,
firm, or corporation complained against is a member has an established cost
survey for the locality and vicinity in which the offense is committed, the
cost survey shall be IS deemed competent evidence to be used in proving the
costs of the person, firm, or corporation complained against within the
provisions of this article ARTICLE 2.
       SECTION 37. In Colorado Revised Statutes, 6-2-110, amend (1)
introductory portion and (1)(a) as follows:
       6-2-110. When provisions not applicable.
       (1) The provisions of Sections 6-2-105 to 6-2-107 shall DO not apply
to any sale made:
        (a) In closing out in good faith the owner's stock or any part thereof
for the purpose of discontinuing his THE OWNER'S trade in any such stock or
commodity and, in the case 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;
        SECTION 38. In Colorado Revised Statutes, 6-2-111, amend (2),
(3), (4), and (6) as follows:
PAGE 35-HOUSE BILL 26-1426
       6-2-111. Unlawful acts - remedy - license - rules.
       (2) Without prejudice to the rights of any person, firm, private
corporation, municipal corporation, public corporation, or trade association
to bring an action, the attorney general of the state of Colorado, as an
incident to and power of his or her office, has like powers to those provided
in subsection (1) of this section, and it is his or her THE ATTORNEY
GENERAL'S duty, upon A showing by any person, firm, private corporation,
municipal corporation, public corporation, or trade association that there is
reason to believe that any A person subject to the terms of this article
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 any provisions of this article,
THE VIOLATION and to seek injunctions or restraining orders AN INJUNCTION
OR RESTRAINING ORDER to enjoin the continuance thereof by any defendant
OF THE VIOLATION.
        (3) If any A person, firm, private corporation, municipal corporation,
public corporation, or trade association, in writing and under oath, submits
to the attorney general a statement setting forth facts sufficient to constitute
a prima facie case of 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 upon ARTICLE 2, the attorney general to SHALL seek injunctive
relief or A restraining orders ORDER to enjoin the continuance of such THE
violation. by any person, firm, private corporation, or other organization so
charged; and To this end, and for this purpose, the attorney general has the
power to MAY appear in his or her THE ATTORNEY GENERAL'S official
capacity TO SEEK RELIEF in any court in the state of Colorado, having
jurisdiction. in the premises, to seek relief.
        (4) It 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 by the
attorney general to advise and consult with the attorney general concerning
the institution and prosecution of such actions, and to AN ACTION DESCRIBED
IN THIS ARTICLE 2, SHALL act for the attorney general in prosecution of any
such THE action. but HOWEVER, the attorney general has the power in his or
her discretion to MAY choose, select, appoint, and recompense from funds
MONEY provided for the purposes of enforcement of the provisions of this
article ARTICLE 2 any attorney-at-law ATTORNEY admitted to practice in the
state of Colorado as 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.
      SECTION 39. In Colorado Revised Statutes, amend 6-6-102 as
follows:
       6-6-102. Obligation of recipient.
       (1) Unless otherwise agreed, where unsolicited goods are delivered
to a person, he has a right to THE PERSON MAY refuse to accept delivery of
the goods and is not bound to return such THE goods to the sender.
       (2) If such unsolicited goods are either addressed to or intended for
the A recipient, they shall be ARE deemed a gift to the recipient, who may
use them or dispose of them in any manner he THE RECIPIENT sees fit
without any obligation to the sender.
       SECTION 40. In Colorado Revised Statutes, 6-6.5-101, amend (1)
and (3) as follows:
       6-6.5-101. Disclosure to purchaser - penalty.
       (1) At least fourteen days prior to closing the sale of any new
residence for human habitation, every A developer or builder or their
representatives REPRESENTATIVE shall provide the purchaser with a copy of
a summary report of the analysis and the site recommendations. For sites in
which A SITE WHERE significant potential for expansive soils is recognized,
the builder or his THE BUILDER'S representative shall supply each buyer with
a copy of a publication detailing the problems associated with such soils,
the building methods to address these problems during construction, and
suggestions for care and maintenance to address such problems.
       (3) The requirements of this section shall DO not apply to any
individual constructing a residential structure for his THE INDIVIDUAL'S own
residence.
      SECTION 41. In Colorado Revised Statutes, amend 6-10-102 as
follows:
PAGE 37-HOUSE BILL 26-1426
       6-10-102. General assignment.
       Any person may make a general assignment for the benefit of his
THE PERSON'S creditors by deed duly acknowledged. When filed for record
in the office of the clerk and recorder of the county where the assignor
resides or, if THE ASSIGNOR IS a nonresident, where his THE ASSIGNOR'S
principal place of business is in this state, such deed shall vest VESTS in the
assignee in trust for the use and benefit of such creditors all the property of
the assignor, excepting only such PROPERTY as is by law not subject to levy
and sale under execution, subject, however, to all valid and subsisting liens.
      SECTION 42. In Colorado Revised Statutes, amend 6-10-103 as
follows:
       6-10-103. Inventory - list of creditors.
       The AN assignor shall render to such AN assignee within four days
from AFTER the date of said THE assignment an inventory under oath of his
THE ASSIGNOR'S property, to the best of his THE ASSIGNOR'S knowledge,
with INCLUDING the estimated value thereof, and also a OF THE PROPERTY.
THE ASSIGNOR SHALL ALSO RENDER A list of his THE ASSIGNOR'S creditors,
giving INCLUDING their names, residence and post-office address
RESIDENCES, AND POST-OFFICE ADDRESSES, if known, and the amount of
their respective demands. Such THE ASSIGNOR'S inventory shall not be
DEEMED TO BE conclusive of the amount of the assignor's estate, nor shall
the omission of any property from such THE inventory defeat the assignment
or conveyance of the same PROPERTY.
      SECTION 43. In Colorado Revised Statutes, amend 6-10-104 as
follows:
       6-10-104. Assignment for all creditors.
       No such A deed of general assignment of property by an insolvent,
or in contemplation of insolvency, for the benefit of creditors, shall be IS
NOT valid unless by its terms it is made for the benefit of all his THE
INSOLVENT'S creditors in proportion to the amount of their respective
claims.
       SECTION 44. In Colorado Revised Statutes, amend 6-10-106 as
PAGE 38-HOUSE BILL 26-1426
follows:
       6-10-106. Inventory filed where - bond.
        The AN assignee shall file with the clerk of the district court of the
county in which such THE deed of assignment is recorded a true and
complete inventory and valuation of the property of the said assignor, under
oath, so far as the same PROPERTY has come to his THE ASSIGNEE'S
knowledge, within a period not to exceed six days from AFTER the date of
the filing of the deed of assignment. and THE ASSIGNEE shall ALSO make
and file a bond to the state of Colorado, for the use of the creditors in
double the amount of the inventory and valuation, with sureties to be
approved by such THE clerk for the faithful performance of said THE trust
and for a full and complete accounting for and of all property that may
come into his hands as such assignee. Such THE ASSIGNEE'S POSSESSION.
THE assignee has no authority to SHALL NOT sell or dispose of, or convert
to the purposes of the trust, any part of such THE estate until he THE
ASSIGNEE has complied with the provisions of this section.
      SECTION 45. In Colorado Revised Statutes, amend 6-10-107 as
follows:
       6-10-107. Assignee an officer of court.
        An assignee named and qualified under this article shall be ARTICLE
10 IS deemed to be an officer of court. Any interference with the assignee
in the discharge of his THE ASSIGNEE'S duties is contempt of court, and no
A suit against the assignee in relation to or concerning the property assigned
shall NOT be instituted against the assignee without first obtaining UNLESS
THE PLAINTIFF FIRST OBTAINS permission of the court within and for the
county in which the assignment is made.
      SECTION 46. In Colorado Revised Statutes, amend 6-10-109 as
follows:
       6-10-109. Priority of claims - notice.
      The AN assignee shall forthwith PROMPTLY give notice of such AN
assignment by publication for four weeks in some A newspaper in the
county, if any, and, if THERE IS none, then in the nearest county. thereto. The
PAGE 39-HOUSE BILL 26-1426
assignee shall also forthwith PROMPTLY send a notice by mail to each
creditor of whom he shall be informed THE ASSIGNEE IS AWARE, directed to
his THE CREDITOR'S usual place of residence, stating the estimate of the
aggregate value of all the property of the assignor, STATING the estimate of
the amount of his THE ASSIGNOR'S liabilities, and notifying each THE
creditor to present his THE CREDITOR'S claim, under oath, to the assignee
within three months from AFTER the mailing of such THE notice. It is the
duty of each creditor to present his THE CREDITOR'S claim in the manner and
within the time mentioned in the notice. Claims filed within the first three
months shall have priority over those filed thereafter, unless a creditor can
show, to the satisfaction of the court, that he THE CREDITOR never received
the notice. Proof of notice by mail shall be made by affidavit by the
assignee giving a list of creditors and the name of the post office where
notice was sent within ten days after the mailing of the same. Proof of the
notice by publication shall be made by affidavit of the printer or publisher
within ten days after the last publication or no fees shall NOT be allowed the
assignee for such notice by mail or publication.
      SECTION 47. In Colorado Revised Statutes, amend 6-10-110 as
follows:
       6-10-110. Report of assignee.
       At the expiration of three months from AFTER the time of the first
publication and the mailing of notice, the AN assignee shall report and file
with the clerk of the court a true and complete list, under oath, of all the
creditors of the assignor who THAT have filed their claims, the place of their
residence, the amount claimed, and the amount and value, if any, of any
security held by any such creditor. He THE ASSIGNEE shall also file a
statement of all his THE ASSIGNEE'S proceedings with reference to the trust,
showing what money has come into his hands THE ASSIGNEE'S POSSESSION
and all the disbursements thereof OF SUCH MONEY.
      SECTION 48. In Colorado Revised Statutes, amend 6-10-111 as
follows:
       6-10-111. Exceptions to claims - hearing.
      Any INTERESTED person interested may appear before a dividend is
made and file with the clerk any exceptions AN EXCEPTION to the A claim
PAGE 40-HOUSE BILL 26-1426
or A demand of any A creditor. The clerk shall immediately cause notice
thereof OF THE EXCEPTION OR DEMAND to be given to the creditor, which
NOTICE shall be served and returned as in the case of a summons. Within the
time allowed to answer in an action at law, the creditor shall file his THE
CREDITOR'S reply. The court shall designate the time for the hearing and
shall at such time hear the allegations and proof offered and shall render a
just judgment. thereon.
      SECTION 49. In Colorado Revised Statutes, amend 6-10-112 as
follows:
       6-10-112. Judgment - fee of assignee.
        If no AN exception is NOT made to a claim filed, or if the A claim has
been favorably adjudicated, the court shall enter judgment in favor of the
creditor and against the assignor for the amount claimed and found due and
order the assignee to make from time to time fair and equal dividends
among the creditors of the assets in his hands THE ASSIGNEE'S POSSESSION,
in proportion to their respective claims, and, as soon as may be, to render
a full account of said THE trust to the court. The court may allow such
compensation or commissions, following as nearly as possible the
compensation allowed executors for like services, as may be just and right.
      SECTION 50. In Colorado Revised Statutes, amend 6-10-116 as
follows:
       6-10-116. Assignee under supervision of court.
        The AN assignee shall be IS subject to the order and supervision of
the court at all times and, by citation or attachment, may be compelled, from
time to time, to file reports of his THE ASSIGNEE'S proceedings and the
situation and condition of the trust and to proceed in the faithful execution
of the duties required by this article, ARTICLE 10 to keep correct books of
account open to the inspection of BY the court, or BY any person or his
attorney interested in said THE estate, All conveyances OR BY SUCH PERSON'S
ATTORNEY. A CONVEYANCE of real estate and all sales OR A SALE of
personal property by the assignee THAT IS not in the usual course of
business, as conducted by the assignor, shall MUST be approved by the court
before such THE CONVEYANCE OR sale shall be IS valid.
PAGE 41-HOUSE BILL 26-1426
      SECTION 51. In Colorado Revised Statutes, amend 6-10-117 as
follows:
       6-10-117. Assignee appointed by court - when.
       If the AN assignee named in the deed fails or neglects to file an
inventory and valuation and give bond for the period of ten days after the
making of any AN assignment, or if he THE ASSIGNEE dies before the closing
of his THE ASSIGNEE'S trust or is removed from the execution of the trust,
the court upon the application of any person interested may appoint an
assignee to execute such THE trust. Such appointee, When he AN APPOINTED
ASSIGNEE has qualified as provided in this article shall have ARTICLE 10,
THE APPOINTED ASSIGNEE HAS all the rights, powers, and authority and be
IS subject to the same restrictions and obligations as an original assignee.
      SECTION 52. In Colorado Revised Statutes, amend 6-10-119 as
follows:
       6-10-119. Powers of assignee.
        The AN assignee has all the rights, power, and authority of the
assignor necessary to fully execute such THE trust, to demand and sue for
any property belonging to such THE estate, and to execute valid receipts. and
THE ASSIGNEE, by deed duly acknowledged by him THE ASSIGNEE, in his
THE ASSIGNEE'S own name, as assignee, may convey any of the estate, real
and personal, subject to approval as stated in section 6-10-116. Where the
assignee has been appointed by the court in place of an assignee removed,
it shall be his IS THE ASSIGNEE'S duty to compel by suit, 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.
      SECTION 53. In Colorado Revised Statutes, amend 6-10-121 as
follows:
       6-10-121. Additional security - when.
       The AN assignee, from time to time, shall file with the clerk of the
court an inventory and valuation of any additional property which may
come THAT COMES into his hands THE ASSIGNEE'S POSSESSION after the first
inventory, and the judge, or, in his THE JUDGE'S absence, the clerk, may
PAGE 42-HOUSE BILL 26-1426
thereupon require the assignee to give additional security.
      SECTION 54. In Colorado Revised Statutes, amend 6-10-122 as
follows:
       6-10-122. Appearance compelled - when.
       The court, upon the application of the AN assignee, or of any
creditor, may compel the appearance in person of the debtor, or any other
witness, before the court, or a commissioner appointed by the court, at any
time designated, to answer under oath such matters as may be inquired of
him. Such THE DEBTOR OR OTHER WITNESS. THE debtor or other witness may
then be fully examined under oath as to the amount and situation of his THE
DEBTOR'S OR OTHER WITNESS'S property, the payments 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. The court, upon like
application, may compel the debtor to deliver to the assignee any property
or estate embraced in the assignment.
      SECTION 55. In Colorado Revised Statutes, amend 6-10-123 as
follows:
       6-10-123. Misappropriation by debtor.
        No AN assignment shall be IS NOT invalid because of
misappropriation of the property of the debtor by him THE DEBTOR prior to
the assignment, but the assignee may recover such THE property if so IT WAS
misappropriated in fraud of this article ARTICLE 10. Nothing in this article
shall invalidate ARTICLE 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.
      SECTION 56. In Colorado Revised Statutes, amend 6-10-125 as
follows:
       6-10-125. Creditors may appoint an attorney.
       The majority in number and value of the creditors may appoint, in
writing, an attorney-at-law ATTORNEY to represent the estate before the
court. The attorney, if appointed, shall examine all reports and inventories
PAGE 43-HOUSE BILL 26-1426
and books of the assignee and inquire fully as to the conduct of the assignee
in the discharge of his THE ASSIGNEE'S trust. He THE ATTORNEY may appear
for the assignee in all suits in behalf of the assignee in securing, preserving,
or defending the estate, but THE 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. The court may allow such
compensation to the attorney as may be just and reasonable.
      SECTION 57. In Colorado Revised Statutes, amend 6-10-128 as
follows:
       6-10-128. Trust closed in one year.
       The AN assignee shall close his THE ASSIGNEE'S trust within one year
from AFTER the filing of the deed of assignment unless the court, for good
cause shown, extends the time.
      SECTION 58. In Colorado Revised Statutes, amend 6-10-131 as
follows:
       6-10-131. Action on bond of assignee.
       Any A creditor may maintain an action on the bond of the AN
assignee for any damages such THE creditor may have sustained by reason
of THE assignee's acts or his THE ASSIGNEE'S failure to act.
      SECTION 59. In Colorado Revised Statutes, amend 6-10-154 as
follows:
       6-10-154. Disposition of property when no market.
       (1) When any difficulty is encountered by the AN assignee in
converting the assigned property of any AN assignment, or any part thereof,
into cash on account of there being no sufficient market therefor FOR THE
PROPERTY, or for any other good reason, the court may direct by such order
as described in section 6-10-153 the distribution of such THE property in
kind among the creditors electing to take property. Creditors not electing to
take property shall be paid an equal pro rata in cash, fixing by appraisement
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 be IS just and equitable between the
assignor and the creditors and all persons interested in the assigned estate.
        (2) When the court authorizes the assignee to exchange such THE
property in payment of the proved indebtedness of the estate at the prices
so fixed AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION, and when, in the
opinion of the court, the best interests of the estate are promoted thereby,
it THE COURT may order the assignee to first offer such THE property at
public auction. and, in that case, it IN SUCH CASE, THE COURT shall provide
by its order the kind and form of notice to be given of such THE sale. The
assignee at such THE sale shall offer and sell the property to the highest and
best bidder therefor in proved accounts against the estate, and he THE
ASSIGNEE shall not accept any bid lower than the price fixed by the court on
the property. so offered.
       SECTION 60. In Colorado Revised Statutes, 6-12-104, amend (2),
(3), and (5) as follows:
       6-12-104. Enforcement.
        (2) If the attorney general has reasonable cause to believe that a
person has engaged in an act that is subject to this article ARTICLE 12, the
attorney general may make an investigation to determine if the act has been
committed, and, to the extent necessary for this purpose, may administer
oaths or affirmations, and, upon his or her THE ATTORNEY GENERAL'S own
motion or upon request of any party, may subpoena witnesses and compel
their attendance, adduce evidence, and require the production of any matter
that is relevant to the investigation, including the 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 reasonably calculated to lead to the
discovery of admissible evidence. In any civil action brought by the attorney
general as a result of such an investigation, the attorney general may recover
the reasonable costs of making the investigation if the attorney general
prevails in the action.
        (3) If the A person's records are located outside this state, the person
at his or her option shall either make them available to the attorney general
at a convenient location within this state or pay the reasonable and
necessary expenses for the attorney general or the attorney general's
PAGE 45-HOUSE BILL 26-1426
representative to examine them at the place where they are maintained. The
attorney general may designate representatives, including comparable
officials of the state in which the records are located, to inspect them on the
attorney general's behalf.
       (5) The attorney general shall not make public the name or identity
of a person whose acts or conduct he or she THE ATTORNEY GENERAL
investigates pursuant to this section or the facts disclosed in the
investigation, but this subsection (5) does not apply to disclosures in actions
or enforcement proceedings pursuant to this article ARTICLE 12.
        SECTION 61. In Colorado Revised Statutes, 6-13-104, amend (3)
as follows:
       6-13-104. Violations - penalties.
        (3) A proprietor shall not bring a counterclaim against any party
except the original complainant, and, if such A complainant is a performing
rights society, A PROPRIETOR SHALL NOT BRING a counterclaim shall not be
brought against any copyright owner in his or her THE COPYRIGHT OWNER'S
individual capacity.
       SECTION 62. In Colorado Revised Statutes, 6-15-102, amend (1)
introductory portion, (2), and (4) as follows:
       6-15-102. Art dealers and artists - consignment of works of fine
art.
        (1) Notwithstanding any custom, practice, or usage of the trade and
OR any of the provisions 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 his THE ARTIST'S own creation to an art dealer for the purpose of
exhibition or sale on a commission, fee, or other basis of compensation, the
delivery to and acceptance thereof OF THE WORK by the art dealer is deemed
to place the work on consignment and:
       (2) Notwithstanding the subsequent purchase of a work of fine art
by the A consignee directly or indirectly for his THE CONSIGNEE'S own
account, the A work initially received on consignment shall be IS deemed to
remain trust property until the price is paid in full to the consignor. If such
PAGE 46-HOUSE BILL 26-1426
THE work is thereafter resold to a bona fide third party before the consignor
has been paid in full, the proceeds of the resale are trust funds in the hands
POSSESSION of the consignee for the benefit of the consignor to the extent
necessary to pay any balance still due to the consignor, and such THE
trusteeship shall continue CONTINUES until the fiduciary obligation of the
consignee with respect to such THE transaction is discharged in full.
        (4) An art dealer is strictly liable for the loss of or damage to a work
of fine art while it is in his THE ART DEALER'S possession. The value of the
work of fine art is, for the purposes of this subsection (4), the value
established in a written agreement between the artist and the art dealer prior
to the loss or damage of the work.
      SECTION 63. In Colorado Revised Statutes, amend 6-15-208 as
follows:
       6-15-208. Right of action - damages.
       In addition to any judicial relief, any A person who THAT suffers
financial injury or damages by reason of anything forbidden ANY ACT OR
OMISSION PROHIBITED in this part 2 may sue in district court and may FILE
A CIVIL ACTION TO recover actual damages sustained by him or her THE
PERSON and the cost of suit THE ACTION, including reasonable attorney fees.
       SECTION 64. In Colorado Revised Statutes, 6-16-103, amend the
introductory portion and (7) introductory portion as follows:
       6-16-103. Definitions.
       As used in this article ARTICLE 16, unless the context otherwise
requires:
         (7)    "Paid solicitor" means a person who, for monetary
compensation, performs any service in which contributions will be solicited
in this state by such THE compensated person or by any compensated OTHER
person he or she THAT THE COMPENSATED PERSON employs, procures, or
engages to solicit for contributions IN EXCHANGE FOR COMPENSATION. The
following persons are not "paid solicitors":
       SECTION 65. In Colorado Revised Statutes, 6-16-104.6, amend
PAGE 47-HOUSE BILL 26-1426
(7) introductory portion and (7)(i) as follows:
      6-16-104.6. Paid solicitors - annual registration - filing of
contracts - fees.
        (7) No later than fifteen days before the commencement of a
solicitation campaign, the A paid solicitor shall file with the secretary of
state a completed solicitation notice, on forms prescribed by the secretary
of state, containing the following information:
       (i) A certification statement, signed and affirmed under penalty of
perjury as defined in section 18-8-503 by an officer of the charitable
organization on the behalf of whom the solicitation campaign is to occur,
stating that the solicitation notice and accompanying material are true and
complete to the best of his or her THE OFFICER'S knowledge.
       SECTION 66. In Colorado Revised Statutes, 6-16-106, amend (1)
introductory portion and (4) as follows:
       6-16-106. Contributor's right to cancel.
       (1) In 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 his THE
CONTRIBUTOR'S agreement or pledge to contribute as follows:
       (4) A particular form shall IS not be required for a notice of
cancellation, and such A notice shall be IS sufficient if it indicates the
intention of the contributor to cancel his THE CONTRIBUTOR'S pledge to
contribute.
       SECTION 67. In Colorado Revised Statutes, 6-16-111, amend (1)
introductory portion, (1)(d), (1)(e), (1.5) introductory portion, (1.5)(a), and
(1.5)(b) as follows:
       6-16-111. Violations - rules.
       (1) A person commits charitable fraud if he or she THE PERSON:
       (d) With the intent to defraud, knowingly solicits contributions and,
PAGE 48-HOUSE BILL 26-1426
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
registered in this state by that person or his THE PERSON'S employer;
       (e) Knowingly fails to create and maintain all records required by
section 6-16-109 to be created and maintained or knowingly fails to make
available said SUCH records for examination and photocopying at the office
of the district attorney or at his THE PERSON'S own office in this state, with
copying facilities furnished free of charge, within five days after a written
demand for the production of said THE records by the district attorney or
within twenty days with respect to records kept out of state;
        (1.5) A person commits charitable fraud if, he or she, in the course
of or in furtherance of a solicitation, THE PERSON misrepresents to, 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 the person being solicited makes a contribution, he or she THE
PERSON will receive special benefits or favorable treatment from a police,
sheriff, patrol, firefighting, or other law enforcement agency or department
of government;
       (b) If the person 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; or
        SECTION 68. In Colorado Revised Statutes, 6-16-112, amend (1)
as follows:
       6-16-112. Address of record - service of process.
        (1) Any A person required under this article 16 to register with the
secretary of state shall, in his or her THE PERSON'S initial registration or
application and in every renewal, provide an address of record. Unless the
registrant designates an alternative address, the address of record is the
registrant's principal place of business.
       SECTION 69. In Colorado Revised Statutes, 6-19-203, amend (1)
PAGE 49-HOUSE BILL 26-1426
and (2) introductory portion as follows:
       6-19-203. Attorney general review and assessment.
       (1) A covered transaction DESCRIBED under this part 2 that will not
result in a material change in the charitable purposes, CHARITABLE
MISSIONS, OR SERVICES to which the assets of the hospital have been
dedicated, and will not result in a termination of the attorney general's
jurisdiction over those assets caused by a transfer of a material amount of
those assets outside of the state, of Colorado, shall proceed without further
review. In considering whether a material change results from the
transaction, the attorney general shall consider, among other factors,
reductions in the availability and accessibility of health-care services in the
communities served by the hospital.
       (2) When a transaction covered by this part 2 will result in a material
change in the charitable purposes to which the assets of the A hospital have
been dedicated or a termination of the attorney general's jurisdiction over
the hospital assets caused by a transfer of a material amount of those assets
outside the state of Colorado, the attorney general may exercise his or her
THE ATTORNEY GENERAL'S common law authority to assess and review or
challenge the transaction as deemed appropriate by the attorney general. If
the attorney general decides to conduct an assessment or review, the
following provisions shall apply to such actions of the attorney general:
       SECTION 70. In Colorado Revised Statutes, 6-19-406, amend
(1)(g) as follows:
       6-19-406. Attorney general powers.
       (1) The attorney general has the following powers:
        (g) To hold a hearing after twenty days' notice to the affected parties
if the attorney general receives information that the attorney general deems
sufficient to indicate that the A nonprofit charitable organization or
for-profit entity may not be fulfilling its obligations pursuant to section
6-19-403. If, after such A hearing, the attorney general determines that proof
of the noncompliance is probable, he or she THE ATTORNEY GENERAL shall
institute proceedings in district court to require corrective action. The
attorney general shall retain oversight of the corrective action for as long as
PAGE 50-HOUSE BILL 26-1426
necessary to ensure compliance. Nothing in this section shall be construed
to limit the attorney general's power to enforce compliance with this section
after the expiration of the five-year period contemplated by paragraph (f) of
this subsection (1) SUBSECTION (1)(f) OF THIS SECTION.
      SECTION 71. In Colorado Revised Statutes, amend 6-20-101 as
follows:
       6-20-101. Provider disclosure of average charge.
        (1) Each hospital licensed or certified pursuant to section 25-1.5-103
(1)(a) C.R.S., shall disclose to a person AN INDIVIDUAL seeking care or
treatment his or her THE INDIVIDUAL'S right to receive notice of the average
facility charge for such treatment that is a frequently performed inpatient
procedure prior to admission for such procedure; except that A HOSPITAL IS
NOT REQUIRED TO DISCLOSE THE POTENTIAL COSTS FOR care or treatment for
an emergency need not be disclosed prior to such emergency care or
treatment. When requested, AN INDIVIDUAL REQUESTS the average charge
information shall be made available to the person prior to admission for
such A procedure, THE HOSPITAL SHALL MAKE THE INFORMATION AVAILABLE
TO THE INDIVIDUAL.
       (2) Other health facilities licensed or certified pursuant to section
25-1.5-103 (1)(a) C.R.S., shall disclose to a person AN INDIVIDUAL seeking
care or treatment his or her THE INDIVIDUAL'S right to receive notice of the
average facility charge for such treatment that is a frequently performed
procedure prior to ordering or scheduling such procedure; except that A
HEALTH FACILITY IS NOT REQUIRED TO DISCLOSE THE POTENTIAL COSTS FOR
care or treatment for an emergency need not be disclosed prior to such
emergency care or treatment. When requested, such AN INDIVIDUAL
REQUESTS THE average charge information shall be made available to the
person prior to the scheduling of the A procedure, THE HEALTH FACILITY
SHALL MAKE THE INFORMATION AVAILABLE TO THE INDIVIDUAL.
       SECTION 72. In Colorado Revised Statutes, 6-22-103, amend (1)
introductory portion as follows:
      6-22-103. Contracts for roofing services - writing required -
required terms.
PAGE 51-HOUSE BILL 26-1426
       (1) Prior to engaging in any roofing work, a roofing contractor shall
provide a written contract to the property owner, signed by both the roofing
contractor or his or her THE ROOFING CONTRACTOR'S designee and the
property owner, stating at least the following terms:
        SECTION 73. In Colorado Revised Statutes, 6-22-104, amend
(1)(b) introductory portion as follows:
      6-22-104. Residential roofing contract - payment from insurance
proceeds - right to rescind - return of payments.
       (1) (b) The property owner shall give written notice of rescission of
the contract to the roofing contractor at the physical address provided in the
contract within seventy-two hours after he or she THE PROPERTY OWNER is
notified of the denial. The property owner may give notice of rescission of
the contract:
        SECTION 74. In Colorado Revised Statutes, 6-23-101, amend
(1)(a) as follows:
       6-23-101. Definitions.
       As used in this section:
       (1) "Direct primary care agreement" means a written agreement that:
       (a) Is between a patient, his or her THE PATIENT'S legal
representative, a government entity, or a patient's employer and a direct
primary health-care provider;
        SECTION 75. In Colorado Revised Statutes, 6-24-106, amend (6)
as follows:
       6-24-106. Endowment care fund.
      (6) The cemetery authority of an endowment care cemetery shall
keep in its principal office a copy of the report referred to in section
6-24-107, which AND THE CEMETERY AUTHORITY shall be MAKE A COPY OF
THE REPORT available to any grave space, niche, or crypt owner or his or her
ANY SUCH PERSON'S duly authorized representative for inspection and study.
PAGE 52-HOUSE BILL 26-1426
      SECTION 76. In Colorado Revised Statutes, amend 6-25-101 as
follows:
       6-25-101. Definitions - evidence of intent.
       (1) As used in this part 1, unless the context otherwise requires:
       (1) (a) "Agreement with the public establishment" means any written
or verbal agreement as to the price to be charged for, and the acceptance of,
food, beverage, service, or accommodations where the price to be charged
therefor is printed on a menu or schedule of rates shown to or made
available by a public establishment to the patron and includes the
acceptance of the food, beverage, service, or accommodations for which a
reasonable charge is made.
       (2) Repealed.
       (3) (b) "Public establishment" means any AN establishment selling
or offering for sale prepared food or beverages to the public generally or
any establishment leasing or renting overnight sleeping accommodations to
the public generally, including, but not exclusively, restaurants, cafes,
dining rooms, lunch counters, coffee shops, boarding houses, hotels, motor
hotels, motels, and rooming houses A RESTAURANT, CAFÉ, DINING ROOM,
LUNCH COUNTER, COFFEE SHOP, BOARDING HOUSE, HOTEL, MOTOR HOTEL,
MOTEL, OR ROOMING HOUSE, unless the rental thereof is on a
month-to-month basis or a longer period of time.
       (4) (2) It shall be IS evidence of an intent to defraud that food,
service, or accommodations were given to any A person who gave false
information concerning his or her THE PERSON'S name or address, or both,
in obtaining the food, service, or accommodations or that the person
removed or attempted to remove his or her THE PERSON'S baggage from the
premises of the public establishment without giving notice of his or her THE
PERSON'S intent to do so to the public establishment. These provisions shall
THIS SUBSECTION (2) DOES not constitute the sole means of establishing
evidence that a person accused under this part 1 had an intent to defraud.
Proof of intent to defraud may be made by any facts or circumstances
sufficient to establish the intent to defraud beyond a reasonable doubt as
provided by law.
PAGE 53-HOUSE BILL 26-1426
        (5) (3) If any person, partnership, or corporation shall by written or
verbal complaint or otherwise institute or cause INSTITUTES OR CAUSES to
be instituted any A prosecution for any A violation of this section and shall
thereafter, REGARDLESS OF whether or not restitution is sought or received
from the alleged offender, fail FAILS to cooperate in the full prosecution of
the alleged offender without reasonable cause, the court having jurisdiction,
on motion of the prosecuting attorney appearing therein and after notice to
the person, partnership, or corporation and an opportunity to be heard, may
give judgment against the person, partnership, or corporation and in favor
of the county wherein prosecution was commenced for all costs of the
prosecution, including a reasonable allowance for the time of the
prosecuting attorney.
      SECTION 77. In Colorado Revised Statutes, amend 6-25-106 as
follows:
       6-25-106. Safe for valuables - notice.
        Every A landlord or keeper of a hotel or public inn ESTABLISHMENT
in this state who provides in the office of his or her THE hotel, inn
ESTABLISHMENT, or other convenient place a safe, vault, or other suitable
receptacle for the secure custody of money, jewelry, ornaments, or other
valuable articles other than necessary baggage belonging to the guests or
patrons of the hotel or public inn ESTABLISHMENT, and who keeps posted
in a public and conspicuous place in the office, public room, and public
parlors of the hotel or public inn, ESTABLISHMENT and upon the inside
entrance door of every public sleeping room in the hotel or public inn
ESTABLISHMENT a notice printed in English stating the fact, shall IS not be
liable for the loss of any money, jewelry, ornaments, or other valuable
articles, other than necessary baggage, sustained by the guest or patron by
theft or otherwise, unless the guest or patron delivers the money, jewelry,
ornaments, or other valuable articles, other than necessary baggage, to the
landlord or keeper of the hotel or public inn ESTABLISHMENT, or person in
charge of the office of the hotel or public inn ESTABLISHMENT, for deposit
in the safe, vault, or other receptacle. The liability shall not be greater than
the amount at the time of deposit declared by the guest or patron to be the
value of the article deposited.
      SECTION 78. In Colorado Revised Statutes, amend 6-25-107 as
follows:
PAGE 54-HOUSE BILL 26-1426
       6-25-107. Maximum amount landlord bound to receive.
        No A landlord or keeper of any A hotel or public inn ESTABLISHMENT
is obliged NOT REQUIRED to receive property from any A guest or patron for
custody under the provisions of section 6-25-106 exceeding in value the
sum of five thousand dollars, nor is he or she THE LANDLORD OR KEEPER
liable for any loss thereof by theft or otherwise in any sum exceeding the
sum of five thousand dollars, unless the landlord or keeper of the hotel or
public inn ESTABLISHMENT, or person in charge of the office, assumes in
writing a greater liability.
      SECTION 79. In Colorado Revised Statutes, amend 6-25-108 as
follows:
       6-25-108. Landlord not responsible - when.
       (1) The landlord or keeper of any A hotel or public inn shall
ESTABLISHMENT IS not be liable to any A guest or patron of the hotel or
public inn ESTABLISHMENT for the loss within his or her THE hotel or public
inn ESTABLISHMENT of any article of wearing apparel or other necessary
baggage belonging to any THE guest or patron unless the same had been
ARTICLE OR BAGGAGE WAS:
       (a) Left within a room assigned to the guest or patron; or had been
       (b) Especially entrusted to the care or custody of the landlord or
keeper of the hotel or public inn, or to an employee or servant thereof
entrusted with the duty of receiving or caring for the article OR BAGGAGE in
the hotel or public inn ESTABLISHMENT.
      SECTION 80. In Colorado Revised Statutes, amend 6-25-109 as
follows:
       6-25-109. Responsibility when key furnished.
       (1) When the landlord or keeper of any A hotel or public inn
ESTABLISHMENT provides the doors of the rooms or sleeping apartments in
the hotel or public inn ESTABLISHMENT with locks and keys in good order
and repair and the room or sleeping apartment is turned over to the
possession of any guest or patron together with the key KEYS to the door
PAGE 55-HOUSE BILL 26-1426
thereof DOORS, the landlord or keeper of the hotel or public inn shall IS not
be liable to any A guest or patron thereof occupying the room or apartment
for loss of any AN article of personal property left within the room or
apartment by the guest or patron while in possession thereof OF THE KEYS,
unless the door in DOORS TO the room or apartment was WERE left locked
when unoccupied and after being locked THEREAFTER the key thereto was
KEYS WERE delivered to the person in charge of the office of the hotel or
public inn ESTABLISHMENT.
       (2) If any AN article of personal property is taken by an employee or
servant of the landlord or keeper of the hotel or public inn ESTABLISHMENT,
then the provisions of this section shall DOES not prevent the guest or patron
from recovering the value of the article, not to exceed the sum of two
hundred dollars for all the SUCH articles.
      SECTION 81. In Colorado Revised Statutes, amend 6-25-110 as
follows:
       6-25-110. Maximum liability for articles lost from rooms.
        The landlord or keeper of any A hotel or public inn shall
ESTABLISHMENT IS not be liable for the loss of any AN article left by any A
guest or patron in any A room assigned to or occupied by the guest or
patron, greater IN VALUE, in any event, than the sum of two hundred dollars
for all articles that may be lost by the guest or patron, except by an
agreement in writing made by the landlord or keeper of the hotel or public
inn ESTABLISHMENT, or person in charge of the office, assuming a greater
liability.
      SECTION 82. In Colorado Revised Statutes, amend 6-25-111 as
follows:
       6-25-111. Liability for baggage left by guest.
       In case any person IF AN INDIVIDUAL who has been the guest or
patron of any A hotel or public inn ESTABLISHMENT ceases to be a guest or
patron and leaves with the landlord or keeper of the hotel or public inn
ESTABLISHMENT any baggage or other personal property for safekeeping,
and the landlord or keeper accepts and receives the same for safekeeping
and makes no charge for services or storage in keeping the property, then
PAGE 56-HOUSE BILL 26-1426
the landlord or keeper of a hotel or public inn shall be IS liable only as a
gratuitous bailee and, as such, shall be IS liable for no sum greater than fifty
dollars.
      SECTION 83. In Colorado Revised Statutes, amend 6-25-112 as
follows:
       6-25-112. Liability in case of fire or accident.
       The landlord or keeper of any A hotel or public inn shall
ESTABLISHMENT IS not be liable for loss of or damage to the property of any
A guest or patron of the hotel or public inn ESTABLISHMENT by fire or by
any unforeseen causes CAUSE or by inevitable accident unless the loss or
damage occurs on account of his or her THE LANDLORD'S OR KEEPER'S
negligence or the negligence of his or her servants or employees THE
LANDLORD'S OR KEEPER'S EMPLOYEE.
      SECTION 84. In Colorado Revised Statutes, amend 6-25-113 as
follows:
       6-25-113. Liability limited to damages.
      None of the provisions of Sections 6-25-106 to 6-25-113 shall NOT
be construed to render the landlord or keeper of a hotel or public inn
ESTABLISHMENT in this state liable in a greater sum than the actual loss or
damage sustained.
        SECTION 85. In Colorado Revised Statutes, 6-25-201, amend (2)
as follows:
       6-25-201. Definitions.
       As used in this part 2, unless the context otherwise requires:
        (2) "Lodging establishment" means a bed and breakfast, as defined
in section 44-3-103 (4), or a hotel, motel, resort, or public inn
ESTABLISHMENT, as defined in section 6-25-101 (3) SECTION 6-25-101
(1)(b).
       SECTION 86. In Colorado Revised Statutes, 6-25-202, amend (1)
PAGE 57-HOUSE BILL 26-1426
introductory portion and (1)(b) as follows:
      6-25-202.      Innkeepers' right to refuse accommodations -
exceptions.
        (1) An innkeeper has the right to MAY refuse or deny
accommodations, facilities, and the privileges of a lodging establishment to
any person who THAT is not willing or able to pay for the accommodations,
facilities, and services. The AN innkeeper shall have the right to MAY
require a prospective guest to demonstrate his or her THE ability to pay by
cash, valid credit card, or a validated check, and, if the prospective guest is
a minor, the innkeeper may require a parent or legal guardian of the minor
or other responsible adult:
       (b) To provide an advance cash payment to cover the cost of the
guest room for all nights reserved, including applicable taxes, plus a cash
deposit to be held toward the payment of any charges made by the minor
and any damages to the guest room or its furnishings. The cash deposit shall
be refunded, unless applied to charges or damages, following a joint
inspection of the room. It is the obligation of the guest to join the innkeeper
during the inspection. Should IF the guest fail FAILS to join the innkeeper,
the guest thereby waives his or her THE right to the joint inspection. The
refund, if any, shall immediately be made to the extent it is not used to
cover the described charges or damages.
        SECTION 87. In Colorado Revised Statutes, 12-10-403, amend (2)
as follows:
       12-10-403. Relationships between brokers and the public -
definition - rules.
       (2) A broker shall be considered a transaction-broker unless a single
agency relationship is established ESTABLISH EITHER A
TRANSACTION-BROKER OR A SINGLE-AGENCY RELATIONSHIP through a
written agreement between the broker and the party or parties to be
represented by the broker. SUCH WRITTEN AGREEMENT MUST SPECIFY AND
CONSPICUOUSLY DISCLOSE THE AMOUNT OR RATE OF ANY COMPENSATION TO
BE PAID TO THE BROKER, AND THE BROKER SHALL COMPLETE SUCH WRITTEN
AGREEMENT BEFORE PERFORMING ANY ACTIVITIES DESCRIBED IN SECTION
12-10-201 (6)(a).
PAGE 58-HOUSE BILL 26-1426
        SECTION 88. In Colorado Revised Statutes, 12-10-403.5, amend
(3) as follows:
      12-10-403.5. Broker engagement contracts - residential premises
- prohibited terms - unfair or deceptive trade practice - definition.
       (3) A person who THAT offers to a consumer a broker engagement
contract that includes a provision in violation of subsection (2) of this
section commits an unfair or deceptive trade practice, as provided in section
6-1-105 (1)(uuu) SECTION 6-1-105 (1)(rrr).
      SECTION 89. In Colorado Revised Statutes, add 12-10-408.5 as
follows:
      12-10-408.5. Non-commission-approved contracts to buy and sell
- broker's duty to advise consumer to seek legal advice.
      WHEN A BROKER IS REPRESENTING A CONSUMER IN A TRANSACTION
FOR WHICH A PRINCIPAL TO THE TRANSACTION, INCLUDING A HOME BUILDER,
A BANK, OR A BUYER, REQUIRES THE USE OF A PURCHASE CONTRACT THAT
WAS CREATED BY THE PRINCIPAL, THE BROKER SHALL ADVISE THE
CONSUMER TO SEEK LEGAL ADVICE FROM A LICENSED ATTORNEY BEFORE
THE CONSUMER ENTERS INTO THE PURCHASE CONTRACT. IF A BROKER
CONTRACT INCLUDES A UNILATERAL CANCELLATION CLAUSE IN FAVOR OF
THE BROKER, THAT PROVISION MUST BE CLEARLY AND CONSPICUOUSLY
DISCLOSED TO THE CONSUMER.
        SECTION 90. In Colorado Revised Statutes, 12-30-112, amend (6)
as follows:
      12-30-112. Health-care providers - required disclosures -
balance billing - unfair or deceptive trade practice - rules - definitions.
       (6) A violation of this section is a AN UNFAIR OR deceptive trade
practice pursuant to section 6-1-105 (1)(xxx) ARTICLE 1 OF TITLE 6.
        SECTION 91. In Colorado Revised Statutes, 12-30-113, amend (6)
as follows:
       12-30-113.        Out-of-network       health-care     providers     -
PAGE 59-HOUSE BILL 26-1426
out-of-network services - billing - payment - unfair or deceptive trade
practice.
       (6) A violation of this section is a AN UNFAIR OR deceptive trade
practice pursuant to section 6-1-105 (1)(xxx) ARTICLE 1 OF TITLE 6.
       SECTION 92. In Colorado Revised Statutes, 12-280-142, amend
(11)(a)(II) as follows:
       12-280-142. Epinephrine auto-injector affordability program -
record keeping - reimbursement - penalty - unfair or deceptive trade
practice - definitions.
        (11) (a) A manufacturer that fails to comply with the requirements
of this section:
       (II) Engages in a AN UNFAIR OR deceptive trade practice under
section 6-1-105 (1)(zzz) IN VIOLATION OF ARTICLE 1 OF TITLE 6.
        SECTION 93. In Colorado Revised Statutes, 18-18.5-103, amend
(2)(b) introductory portion and (4)(i); and repeal (2)(b)(XIX), (6)(c.5), and
(6)(d) as follows:
       18-18.5-103. State substance abuse trend and response task force
- creation - membership - duties.
       (2) The task force consists of the following members:
       (b) Twenty-two TWENTY-ONE members appointed by the task force
chair and vice-chairs as follows:
       (XIX) An expert in environmental protection;
      (4) The task force, in collaboration with state agencies charged with
prevention, intervention, or treatment of substance abuse, shall:
       (i) Develop a definition of a "drug-endangered child" to be used in
the context of the definition of "child abuse or neglect" as set forth in
section 19-1-103 (1). C.R.S., and include the definition in its January 1,
2014, report to the judiciary committees of the senate and the house of
PAGE 60-HOUSE BILL 26-1426
representatives, or any successor committees.
       (6) In addition, the task force shall:
       (c.5) Convene stakeholders for the purpose of:
       (I) Reviewing progress on bills introduced by the opioid and other
substance use disorders study committee created in section 10-22.3-101 and
enacted by the general assembly; and
       (II) Generating policy recommendations related to opioid and other
substance use disorders, including prevention, harm reduction, treatment,
criminal justice, and recovery;
       (d) Notwithstanding section 24-1-136 (11)(a)(I), submit a written
report to the judiciary committees, or any successor committees, of the
senate and the house of representatives of the general assembly by January
1, 2014, and by each January 1 thereafter, at a minimum specifying the
following:
        (I) Issues to be studied in upcoming task force meetings and a
prioritization of those issues;
      (II) Findings and recommendations regarding issues of prior
consideration by the task force;
       (III) Legislative proposals of the task force that identify the policy
issues involved, the agencies responsible for the implementation of the
changes, and the funding sources required for such implementation.
        SECTION 94.       In Colorado Revised Statutes, 24-6-402, add
(3)(a)(IX) as follows:
       24-6-402. Meetings - open to public - legislative declaration -
definitions.
       (3) (a) The members of a state public body subject to this part 4,
upon the announcement by the state public body to the public of the topic
for discussion in the executive session, including specific citation to the
provision of this subsection (3) authorizing the body to meet in an executive
PAGE 61-HOUSE BILL 26-1426
session and identification of the particular matter to be discussed in as much
detail as possible without compromising the purpose for which the
executive session is authorized, and the affirmative vote of two-thirds of the
entire membership of the body after such announcement, may hold an
executive session only at a regular or special meeting and for the sole
purpose of considering any of the matters enumerated in subsection (3)(b)
of this section or the following matters; except that no adoption of any
proposed policy, position, resolution, rule, regulation, or formal action,
except the review, approval, and amendment of the minutes of an executive
session recorded pursuant to subsection (2)(d.5)(I) of this section, shall
occur at any executive session that is not open to the public:
      (IX) WITH RESPECT TO THE JOINT BUDGET COMMITTEE, A
CONFERENCE WITH THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL'S
DESIGNEE, HELD PURSUANT TO SECTION 2-3-211.
        SECTION 95. In Colorado Revised Statutes, 24-31-101, amend
(1)(v); and add (1)(z), (1)(aa), and (6) as follows:
       24-31-101. Powers and duties of attorney general - services
related to supporting outside counsel - rules.
       (1) The attorney general:
       (v) May expend money, manage staff, and perform other
administrative functions essential for the operation of a district attorney's
office when appointed by executive order of the governor; and
      (z) (I) SHALL REVIEW PETITIONS RELATING TO A RULE ADOPTED BY
THE DEPARTMENT OF LAW IN ORDER TO:
       (A) ASSESS WHETHER THE RULE COMPORTS WITH ITS STATUTORY
PURPOSE;
      (B) UNDERSTAND THE IMPACT OF THE RULE, INCLUDING ECONOMIC
COSTS RESULTING FROM COMPLIANCE WITH THE RULE;
     (C) ASSESS THE OUTREACH PROCESS ASSOCIATED WITH THE RULE TO
ENSURE STAKEHOLDERS ARE ENGAGED IN THE RULE-MAKING PROCESS;
PAGE 62-HOUSE BILL 26-1426
       (D) DETERMINE APPROPRIATE STAFFING; AND
       (E)PERFORM A COST-BENEFIT ANALYSIS INCLUDING INDIRECT
FACTORS THAT AFFECT HEALTH AND SAFETY.
       (II) ON AND AFTER JANUARY 1, 2027, THE ATTORNEY GENERAL
SHALL ACCEPT AND REVIEW PETITIONS REQUESTING THE ATTORNEY
GENERAL TO REVIEW OR INITIATE A RULE-MAKING, SUBJECT TO THE
RULE-MAKING AUTHORITY GRANTED TO THE ATTORNEY GENERAL OR THE
DEPARTMENT.
       (III) ON OR BEFORE JANUARY 1, 2028, THE ATTORNEY GENERAL
SHALL ADOPT RULES THAT GOVERN THE PROCESS FOR RESPONDING TO OR
ISSUING OPINION LETTERS. THE RULES MUST INCLUDE INTERPRETIVE
GUIDANCE AND AN OPERATIONAL FRAMEWORK, WHICH FRAMEWORK
INCLUDES A GOOD FAITH RELIANCE DEFENSE OF AN ACTION THAT MAY
OTHERWISE CONSTITUTE A VIOLATION OF TITLE 6.
       (aa)   MAY MEET WITH THE JOINT BUDGET COMMITTEE IN AN
EXECUTIVE SESSION TO DISCUSS POTENTIAL BUDGETARY IMPACTS OF
CURRENT LITIGATION, AS DESCRIBED IN SECTION 2-3-211.
       (6) SERVICES, SUPPORT, AND INFRASTRUCTURE PROCURED BY THE
DEPARTMENT OF LAW TO SECURE OUTSIDE COUNSEL OR TO SUPPORT CIVIL OR
CRIMINAL PROCEEDINGS, CIVIL OR CRIMINAL ENFORCEMENT, OR OTHER
LEGAL OR LITIGATION-RELATED SERVICES, SUPPORT, AND INFRASTRUCTURE
ARE NOT SUBJECT TO SECTION 24-30-202 (2) OR ARTICLES 101 TO 112 OF
THIS TITLE 24.
      SECTION 96. In Colorado Revised Statutes, amend 24-31-113 as
follows:
       24-31-113. Public integrity - patterns and practices.
       (1) It is unlawful for any A governmental authority, or any AN agent
thereof OF A GOVERNMENTAL AUTHORITY, or any A person acting on behalf
of a governmental authority to engage in a pattern or practice of conduct by
peace officers or by officials or employees of any A governmental agency
that deprives persons of rights, privileges, or immunities secured or
protected by the constitution or laws of the United States or the state of
PAGE 63-HOUSE BILL 26-1426
Colorado.
        (2) Whenever the attorney general has reasonable cause to believe
that a violation of this section has occurred, the attorney general, for or in
the name of the state, of Colorado, may OBTAIN in a civil action obtain any
and all appropriate relief to eliminate the pattern or practice. Before filing
suit, the attorney general shall notify the government GOVERNMENTAL
authority or any agent thereof and provide it THE AUTHORITY OR AGENT with
the factual basis that supports his or her THE ATTORNEY GENERAL'S
reasonable cause to believe a violation occurred. Upon receipt of the factual
basis, the government GOVERNMENTAL authority, or any agent thereof, has
sixty days to change or eliminate the identified pattern or practice. If the
identified pattern or practice is not changed and permanently eliminated
after sixty days, the attorney general may file a civil lawsuit ACTION. The
attorney general may issue subpoenas for any purpose in conducting an
investigation under this section.
       (3) IF A GOVERNMENTAL AUTHORITY, AN AGENT THEREOF, OR A
PERSON ACTING ON BEHALF OF A GOVERNMENTAL AUTHORITY FAILS TO OBEY
A SUBPOENA ISSUED PURSUANT TO THIS SECTION, THE ATTORNEY GENERAL
MAY APPLY TO THE APPROPRIATE DISTRICT COURT FOR AN APPROPRIATE
ORDER TO EFFECT THE PURPOSES OF THIS SECTION. THE APPLICATION MUST
STATE THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE
ORDER IS NECESSARY TO INVESTIGATE A DEPRIVATION OF AN INDIVIDUAL'S
RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED OR PROTECTED BY THE
UNITED STATES CONSTITUTION, THE STATE CONSTITUTION, OR THE LAWS OF
THE UNITED STATES OR THE STATE OF COLORADO. IF THE COURT IS
SATISFIED THAT REASONABLE GROUNDS EXIST, THE COURT IN ITS ORDER
MAY:
     (a) REQUIRE THE ATTENDANCE OF THE PERSON, THE PRODUCTION OF
DOCUMENTS BY THE PERSON, OR BOTH; AND
      (b) GRANT SUCH OTHER RELIEF AS MAY BE NECESSARY TO OBTAIN
THE PERSON'S COMPLIANCE.
       SECTION 97. In Colorado Revised Statutes, 24-34-104, add
(35)(a)(XI) as follows:
       24-34-104. General assembly review of regulatory agencies and
PAGE 64-HOUSE BILL 26-1426
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal.
       (35) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2034:
      (XI) THE USE OF TITLE OR DEGREE REQUIREMENTS DESCRIBED IN
SECTION 6-1-707.
      SECTION 98. In Colorado Revised Statutes, 24-75-402, amend
(5)(mmm) and (5)(nnn); and add (5)(rrr) as follows:
      24-75-402. Cash funds - limit on uncommitted reserves -
reduction in the amount of fees - exclusions - definitions.
       (5) Notwithstanding any provision of this section to the contrary, the
following cash funds are excluded from the limitations specified in this
section:
       (mmm) The reentry services for justice-involved individuals
reinvestment cash fund created in section 25.5-4-505.7; and
        (nnn) The health-related social needs reinvestment cash fund created
in section 25.5-5-340; AND
      (rrr) THE FALSE MEDICAID CLAIMS RECOVERY FUND CREATED IN
SECTION 25.5-4-305 (3).
       SECTION 99. In Colorado Revised Statutes, 25-3-121, amend
(3.7) as follows:
       25-3-121. Health-care facilities - emergency and nonemergency
services - required disclosures - balance billing - unfair or deceptive
trade practice - rules - definitions.
       (3.7) A violation of this section is a AN UNFAIR OR deceptive trade
practice pursuant to section 6-1-105 (1)(xxx) SECTION 6-1-105 (1)(rrr).
        SECTION 100. In Colorado Revised Statutes, 25-3-122, amend (6)
as follows:
PAGE 65-HOUSE BILL 26-1426
        25-3-122. Out-of-network facilities - emergency medical services
- billing - payment - unfair or deceptive trade practice.
       (6) A violation of this section is a AN UNFAIR OR deceptive trade
practice pursuant to section 6-1-105 (1)(xxx) SECTION 6-1-105 (1)(rrr).
        SECTION 101. In Colorado Revised Statutes, 25-8-1006, amend
(1) as follows:
      25-8-1006. Mobile home park water quality fund.
       (1) The mobile home park water quality fund is created in the state
treasury. The fund consists of money credited to the fund in accordance
with section 25-8-1007 (3), MONEY CREDITED TO THE FUND PURSUANT TO
SECTION 6-1-112 (3), and any other money that the general assembly may
appropriate or transfer to the fund.
        SECTION 102. In Colorado Revised Statutes, 25-49-106, amend
(5) as follows:
       25-49-106. Required disclosure to self-pay recipients - estimate
of total cost of health-care services upon request - unfair or deceptive
trade practice - definition.
       (5) A violation of this section is a AN UNFAIR OR deceptive trade
practice pursuant to section 6-1-105 (1)(yyy) IN VIOLATION OF ARTICLE 1 OF
TITLE 6.
        SECTION 103. In Colorado Revised Statutes, 25.5-4-305, amend
(3) as follows:
       25.5-4-305. False medicaid claims - liability for certain acts -
false medicaid claims recovery fund.
       (3) (a) IN ADDITION TO ANY OTHER LIABILITY, a person violating this
section shall also be IS liable to the FEDERAL GOVERNMENT, state
GOVERNMENT, AND AFFECTED AGENCIES AND POLITICAL SUBDIVISIONS
THEREOF, INCLUDING THE DEPARTMENT OF LAW, for the costs of FULL
REASONABLE EXPENSES INCURRED IN a civil action brought to recover any
penalty or damages PENALTIES OR REMEDIES UNDER THE "COLORADO
PAGE 66-HOUSE BILL 26-1426
MEDICAID FALSE CLAIMS ACT", SECTIONS 25.5-4-303.5 TO 25.5-4-310,
INCLUDING THE COSTS OF INVESTIGATION AND LITIGATION, ATTORNEY FEES,
COURT COSTS, WITNESS FEES, AND DEPOSITION COSTS. RECOVERED COSTS
AND FEES SHALL BE TRANSFERRED TO THE STATE TREASURER FOR DEPOSIT
IN THE FALSE MEDICAID CLAIMS RECOVERY FUND, WHICH FUND IS CREATED
IN SUBSECTION (3)(b) OF THIS SECTION.
      (b) (I) THE FALSE MEDICAID CLAIMS RECOVERY FUND IS CREATED IN
THE STATE TREASURY. THE FUND CONSISTS OF MONEY CREDITED TO THE
FUND PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION AND ANY OTHER
MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO
THE FUND.
      (II) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE
FALSE MEDICAID CLAIMS RECOVERY FUND TO THE FUND.
      (III) ANY MONEY REMAINING IN THE FUND AT THE END OF A STATE
FISCAL YEAR REMAINS IN THE FUND.
     (IV) SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
ASSEMBLY, THE ATTORNEY GENERAL MAY EXPEND MONEY FROM THE FUND
FOR THE PURPOSE OF HIRING NECESSARY STAFF TO IMPLEMENT THE
MEDICAID FRAUD CONTROL UNIT IN THE DEPARTMENT OF LAW AND TO
DEFRAY THE COSTS OF INVESTIGATING AND LITIGATING ONGOING FALSE
CLAIMS CASES BY THE UNIT.
       (c) PROCEEDS RECOVERED AS A RESULT OF AN ACTION FILED
PURSUANT TO THE "COLORADO MEDICAID FALSE CLAIMS ACT", SECTIONS
25.5-4-303.5 TO 25.5-4-310, SHALL BE DISTRIBUTED IN THE FOLLOWING
ORDER:
      (I) TO REFUND MONEY FALSELY OBTAINED FROM THE FEDERAL
GOVERNMENT OR STATE GOVERNMENT OR A POLITICAL SUBDIVISION
THEREOF; AND
      (II) TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND,
EXCEPT AS DESCRIBED IN SUBSECTION (3)(e) OF THIS SECTION.
      (d) A PORTION OF THE RECOVERY EQUAL TO THE AMOUNT OF MONEY
PAGE 67-HOUSE BILL 26-1426
FALSELY OBTAINED FROM THE FEDERAL GOVERNMENT, THE STATE
GOVERNMENT, AN AFFECTED POLITICAL SUBDIVISION THEREOF, OR STATE
AGENCIES, OR A COMBINATION THEREOF, SHALL BE REMITTED TO THE ENTITY
SHOWN TO BE DEFRAUDED, SUBJECT TO ANY FURTHER REQUIREMENTS
ESTABLISHED BY FEDERAL OR STATE LAW.
        (e) UPON RECEIPT OF A DISTRIBUTION DESCRIBED IN SUBSECTION
(3)(c)(II) OF THIS SECTION, THE STATE TREASURER SHALL DEPOSIT THE
ENTIRE AMOUNT IN THE GENERAL FUND; EXCEPT THAT, SUBJECT TO
RELEVANT GUIDELINES OF THE FEDERAL DEPARTMENT OF HEALTH AND
HUMAN SERVICES' OFFICE OF INSPECTOR GENERAL REGARDING REPAYMENT
OF FEES OR RECOVERIES, THE STATE TREASURER SHALL CREDIT TWENTY
PERCENT OF SUCH A DISTRIBUTION TO THE FALSE MEDICAID CLAIMS
RECOVERY FUND CREATED IN SUBSECTION (3)(b) OF THIS SECTION.
       SECTION 104. In Colorado Revised Statutes, 42-4-221, amend
(12)(c) as follows:
      42-4-221. Bicycle, electric scooter, and personal mobility device
equipment - penalty - sale of electrical assisted bicycle equipment
requirements - unfair or deceptive trade practice.
       (12) (c) A person that violates this subsection (12) commits a AN
UNFAIR OR deceptive trade practice under the "Colorado Consumer
Protection Act", article 1 of title 6 IN VIOLATION OF ARTICLE 1 OF TITLE 6.
      SECTION 105. In Colorado Revised Statutes, 25-5-429, amend
as added by House Bill 26-1135 (5) as follows:
     25-5-429. Chemicals used in hair relaxers and hair pieces -
warning labels - deceptive trade practice - short title - definitions.
       (5) A violation of this section by a manufacturer constitutes a
deceptive trade practice under section 6-1-105 13 (1)(rrrr) ARTICLE 1 OF
TITLE 6.
       SECTION 106. Act subject to petition - effective date.
(1) Except as otherwise provided in subsection (2) of this section, this act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
PAGE 68-HOUSE BILL 26-1426
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (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, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
       (2) Section 25-5-429 (5), Colorado Revised Statutes, as amended in
section 105 of this act, takes effect only if House Bill 26-1135 becomes law,
in which case section 25-5-429 (5), Colorado Revised Statutes, as amended
PAGE 69-HOUSE BILL 26-1426
in section 105 of this act, takes effect on the effective date of this act or
House Bill 26-1135, whichever is later.
____________________________  ____________________________
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 70-HOUSE BILL 26-1426