NOTE: The governor signed this measure on 5/28/2013.
      
      
      SENATE BILL 13-262
      
      
      BY SENATOR(S) Tochtrop, Baumgardner;
      also REPRESENTATIVE(S) Primavera, DelGrosso, Ryden, Fields,
      Labuda, Schafer.
      
      
      Concerning the exemption of representative services of enrolled
           agents from the definition of debt management services.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 12-14.5-202, amend
      (10) (A) and (10) (B) as follows:
      
           12-14.5-202.  Definitions. As used in this part 2, unless the context
      otherwise requires:
      
           (10) (A)  "Debt-management services" means services as an
      intermediary between an individual and one or more creditors of the
      individual for the purpose of obtaining concessions, but does not include:
      
           (i)  Legal services provided in an attorney-client relationship by an
      attorney licensed to practice law in this state; or
      
           (ii)  Accounting services provided in an accountant-client
      relationship by a certified public accountant certified or authorized by the
      state board of accountancy to provide accounting services in this state; or
      
           (iii)  Representative services provided before the internal
      revenue service, the department of revenue, or the department of
      labor and employment in an enrolled agent-client relationship
      for tax purposes by an enrolled agent who is authorized by and in
      good standing with the United States department of treasury, if
      the enrolled agent is not engaging in other debt management
      services.
      
           (B)  The exemptions in subparagraph (A) of this paragraph (10) do
      not apply to any person who directly or indirectly provides any debt
      management services on behalf of a licensed attorney, or certified public
      accountant, or enrolled agent if that person is not an employee of the
      licensed attorney, or certified public accountant, or enrolled agent.
      
           SECTION 2.  Act subject to petition - effective date. 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
      7, 2013, if adjournment sine die is on May 8, 2013); 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 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO