Second Regular Session
             Sixty-seventh General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 10-0283.01 Jery Payne           HOUSE BILL 10-1068
                    HOUSE SPONSORSHIP
 Ferrandino,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Transportation & Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the delivery of paper documents to a person's
            property.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Section 1 of the bill prohibits a basic telephone service provider
       from delivering a white page directory to a customer unless the customer
       requests the delivery.  Section 2 prohibits a person from delivering paper
       documents to another person's property in excess of one pound unless the
       recipient requests the delivery, which request remains valid for 5 years. 
       A violation is punishable by a $50 fine per delivery for the first 100
       recipients and $1,000 per recipient for subsequent deliveries, and the
       fines are capped at $100,000 per year.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  40-15-201, Colorado Revised Statutes, is amended
       BY THE ADDITION OF A NEW SUBSECTION to read:
            40-15-201.  Regulation by commission - rules.  (3)  A local
       exchange provider shall not deliver a white page directory
       printed on paper to a customer unless the customer requests the
       delivery.  The commission shall promulgate rules requiring a
       customer to request the delivery of a white page directory
       printed on paper before a local exchange provider delivers the
       directory.
            SECTION 2.  Article 13 of title 18, Colorado Revised Statutes, is
       amended BY THE ADDITION OF A NEW SECTION to read:
            18-13-130.  Distribution prohibited.  A person commits paper
       waste if the person places one or more paper documents with a
       total weight in excess of one pound on another person's property
       in a seventy-two-hour period unless the recipient has authorized
       the delivery.  Authorization is not valid for more than five
       years.  Paper waste is a strict liability misdemeanor and shall be
       punished by a fine not to exceed fifty dollars per recipient for
       the first one hundred deliveries and one thousand dollars per
       recipient for subsequent deliveries; except that the total fines
       imposed on any one person shall not exceed one hundred
       thousand dollars per year.
            SECTION 3.  Specified effective date - applicability.  This act
       shall take effect July 1, 2010, and shall apply to offenses committed on
       or after said date.
            SECTION 4.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.