SB 22-034 CO

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Became Law

Under the law, a business entity submits filing documents that concern the creation, organization, and operations of an entity to the secretary of state through an online filing system. By submitting a document, an individual affirms under penalty of perjury that the individual is authorized to file the document, the facts in the document are true, and the document otherwise complies with the secretary of state's filing requirements. The secretary of state saves the document in an online database as a ministerial act and does not independently verify whether the document is accurate. The act creates a complaint process for a person whose business identity or personal identifying information has been used in the filing of these documents with the secretary of state without authority or for fraudulent activity. If a complaint is submitted with the secretary of state, the secretary must forward the complaint to the attorney general for further investigation. The attorney general may investigate the complaint and refer the complaint to an administrative law judge. If an administrative law judge determines that an entity has been created fraudulently or without authorization, the secretary of state is required to: Mark the business record with a notice that the entity is fraudulent or unauthorized; Redact each address that was used without authorization from the entity's filing and from any other relevant filings; and Disable additional filing functionality on the entity's records. If an administrative law judge determines that an unauthorized filing was made for a legitimate entity, the secretary of state is required to: Mark each unauthorized filing for the entity to notify the public that the filing is unauthorized; Redact from the entity's filing and from the relevant filings each address and name that was used without authorization; and Mark the business record on the entity's filing to notify the public that the entity has been the victim of fraudulent or unauthorized acts. If a person alleged to have committed fraud or unauthorized acts fails to respond to the complaint, the allegations are deemed conceded, and the secretary of state is directed to take the appropriate steps listed above in the same manner as if the finding had been made by an administrative law judge. The act creates a working group to study measures to counteract and prevent fraudulent filings in the online business filing system. The working group has 11 persons who represent the affected state agencies, businesses, and the Colorado bar association. The working group is directed to submit a report to the general assembly by January 31, 2023, containing potential legislative provisions to counteract and prevent fraudulent filings, as well as the costs and benefits associated with each potential legislative provision. The report may include specific recommendations to the general assembly. Fraudulent filings are made an unfair or deceptive trade practice under the "Colorado Consumer Protection Act" and as such are subject to enforcement by the attorney general's office. (Note: This summary applies to this bill as enacted.)

• Chris Kolker Democratic · primary
• Kevin Priola · primary
• Shannon Bird · primary
• Shane Sandridge · primary

1. Jun 2, 2022 Governor Signed · executive
2. May 9, 2022 Sent to the Governor · executive
3. May 6, 2022 Signed by the Speaker of the House · lower
4. May 6, 2022 Signed by the President of the Senate · upper
5. Apr 25, 2022 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass · upper
6. Apr 22, 2022 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass · lower
7. Apr 21, 2022 First Conference Committee Result was to Adopt Rerevised w/ Amendments · legislature
8. Apr 12, 2022 Senate Considered House Amendments - Result was to Not Concur - Request Conference Committee · upper
9. Apr 11, 2022 Senate Considered House Amendments - Result was to Laid Over Daily · upper
10. Apr 8, 2022 House Third Reading Passed - No Amendments · lower
11. Apr 7, 2022 House Second Reading Special Order - Passed with Amendments - Floor · lower
12. Apr 6, 2022 House Second Reading Laid Over Daily - No Amendments · lower
13. Mar 31, 2022 House Second Reading Laid Over to 04/06/2022 - No Amendments · lower
14. Mar 30, 2022 House Second Reading Laid Over Daily - No Amendments · lower
15. Mar 29, 2022 House Third Reading Re-referred to House Committee of the Whole - No Amendments · lower
16. Mar 28, 2022 House Third Reading Laid Over Daily - No Amendments · lower
17. Mar 25, 2022 House Second Reading Passed with Amendments - Floor · lower
18. Mar 21, 2022 House Second Reading Laid Over to 03/25/2022 - No Amendments · lower
19. Mar 16, 2022 House Second Reading Special Order - Laid Over to 03/21/2022 - No Amendments · lower
20. Mar 15, 2022 House Committee on Appropriations Refer Unamended to House Committee of the Whole · lower
21. Feb 24, 2022 House Committee on Business Affairs & Labor Refer Unamended to Appropriations · lower
22. Feb 17, 2022 Introduced In House - Assigned to Business Affairs & Labor · lower
23. Feb 17, 2022 Senate Third Reading Passed - No Amendments · upper
24. Feb 16, 2022 Senate Second Reading Special Order - Passed with Amendments - Committee · upper
25. Feb 15, 2022 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole · upper
26. Feb 7, 2022 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations · upper
27. Jan 12, 2022 Introduced In Senate - Assigned to Business, Labor, & Technology · upper

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Signed Act (06/02/2022) · PDF
• Final Act (05/06/2022) · PDF
• Rerevised (04/08/2022) · PDF
• Revised (2) (04/07/2022) · PDF
• Revised (03/25/2022) · PDF
• Reengrossed (02/17/2022) · PDF
• Engrossed (02/16/2022) · PDF
• Introduced (01/12/2022) · PDF
• PA1 (02/08/2022) · PDF
• Committee Amendment · PDF