First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0911.01 Thomas Morris HOUSE BILL 11-1292 HOUSE SPONSORSHIP Gardner B., SENATE SPONSORSHIP (None), House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning the use of forms established by state government. 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 4 of the bill authorizes a person to rely on forms provided by state government. The other sections of the bill authorize the attorney general and district attorneys to use electronic or paper forms in connection with consumer protections, unfair trade practices, antitrust matters, and charitable solicitations. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 6-1-104, Colorado Revised Statutes, is amended to read: 6-1-104. Cooperative reporting. The district attorneys may cooperate in a statewide reporting system by receiving, on electronic or paper forms provided by the attorney general, complaints from persons concerning deceptive trade practices listed in section 6-1-105 and part 7 of this article and transmitting such the complaints to the attorney general. SECTION 2. The introductory portion to 6-1-107 (1) and 6-1-107 (1) (a), Colorado Revised Statutes, are amended to read: 6-1-107. Powers of attorney general and district attorneys. (1) When the attorney general or a district attorney has cause to believe that any a person has engaged in or is engaging in any a deceptive trade practice listed in section 6-1-105 or part 7 of this article, 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 electronic or paper forms prescribed by him or her, as to all facts and circumstances concerning the sale or advertisement of property by such the person and any other data and information he or she deems necessary; SECTION 3. 6-1-108 (1), Colorado Revised Statutes, is amended to read: 6-1-108. Subpoenas - hearings - rules. (1) The attorney general or a district attorney, in addition to other powers conferred upon him or her by this article, 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 electronic or paper forms and promulgate such rules as may be necessary to administer the provisions of this article. SECTION 4. Part 7 of article 1 of title 6, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 6-1-723. Forms. (1) A person: (a) May rely upon the accuracy and completeness of an electronic or paper form provided by the executive, legislative, or judicial branch of Colorado government; (b) Is not liable for the reliance upon the accuracy, completeness, or both of a form provided by the executive, legislative, or judicial branch of Colorado government if the form itself contains an error or omission; (c) May, if the person clearly and conspicuously states that the product is not a substitute for the advice of an attorney, design, create, publish, assemble, complete, distribute, display, or sell, including by means of an internet web site, the following types of basic legal materials: Documents; written materials; books; forms; computer software; or similar products; and (d) May use and augment electronic or paper legal forms provided by the executive, legislative, or judicial branch of Colorado government. SECTION 5. 6-2-111.5 (1) (b), Colorado Revised Statutes, is amended to read: 6-2-111.5. Civil discovery requests. (1) When the attorney general has reasonable cause to believe that any person, partnership, firm, corporation, joint stock company, or other association has engaged in or is engaging in a violation of any provision of this article, the attorney general may: (b) Issue subpoenas to require the attendance of witnesses or the production of relevant documents, administer oaths, conduct hearings in aid of an investigation or inquiry, and prescribe such electronic or paper forms and promulgate such rules as may reasonably be deemed to be necessary to administer the provisions of this article; and SECTION 6. 6-4-110 (1) (b), Colorado Revised Statutes, is amended to read: 6-4-110. Civil discovery request. (1) When the attorney general has reasonable cause to believe that any person has engaged in or is engaging in a violation of any provision of this article or of any provision of the federal antitrust statutes that may be enforced by the attorney general, the attorney general may: (b) Issue subpoenas to require the attendance of witnesses or the production of relevant documents, administer oaths, conduct hearings in aid of an investigation or inquiry, and prescribe such electronic or paper forms and promulgate such rules as may reasonably be deemed to be necessary to administer the provisions of this section; and SECTION 7. 6-16-104 (4), Colorado Revised Statutes, is amended to read: 6-16-104. Charitable organizations - initial registration - annual filing - fees. (4) The registration of a charitable organization shall be amended annually, on electronic or paper forms prescribed by the secretary of state, to reflect any changes of name, address, principals, corporate forms, tax status, and any other changes that materially affect the identity or business of the charitable organization. Annual amendments shall be filed at the same time as and together with any financial report required in subsection (5) of this section regardless of when the charitable organization filed its initial registration pursuant to subsection (1) of this section. SECTION 8. Act subject to petition - effective date - applicability. (1) This act shall take 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 10, 2011, if adjournment sine die is on May 11, 2011); 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 shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor. (2) The provisions of this act shall apply to forms provided on or after the applicable effective date of this act.