SENATE BILL 97226
BY SENATOR Schroeder;
also REPRESENTATIVE Schauer.
CONCERNING THE EXEMPTION FROM THE LAWS GOVERNING
TELEMARKETING FRAUD PREVENTION OF QUALIFIED TELEPHONE MARKETING
SERVICE COMPANIES THAT PROVIDE TELEMARKETING SERVICES TO COMMERCIAL
TELEPHONE SELLERS WHO ARE SUBJECT TO SAID LAWS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 61302
(1) (s), Colorado Revised Statutes, 1992 Repl. Vol., as amended,
is amended to read:
61302. Definitions. As
used in this part 3, unless the context otherwise requires:
(1) "Commercial telephone seller"
or "seller" means a person who, in the course of such
person's business, vocation, or occupation, on the person's own
behalf or on behalf of another person, causes or attempts to cause
a commercial telephone solicitation to be made; except that "commercial
telephone seller" or "seller" does not include
the following:
(s) Any telephone marketing service company
which provides telemarketing sales services under written contract
to sellers and has been operating continuously for at least five
years under the same business name and seventyfive percent
or more of its services are performed on behalf of sellers exempt
from this section. This exemption
shall not apply to that portion of a telephone marketing service
company's services performed on behalf of nonexempt sellers.
NOTHING IN THIS PARAGRAPH (s) SHALL BE CONSTRUED TO EXEMPT ANY
SELLER THAT CONTRACTS WITH A TELEPHONE MARKETING SERVICE COMPANY
FOR TELEMARKETING SALES SERVICES FROM THE REQUIREMENTS SET FORTH
IN SECTION 61303 OR FROM THE PROHIBITIONS SET FORTH
IN SECTION 61304.
SECTION 2. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO