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Second Regular Session
Sixty-first General Assembly
LLS NO. 980474.01 BWM
HOUSE BILL 981222
STATE OF COLORADO
BY REPRESENTATIVES S. Johnson, Bacon, Kaufman, Morrison, Gotlieb, Swenson, and Tupa;
also SENATOR Reeves.
STATE, VETERANS & MILITARY AFFAIRS
A BILL FOR AN ACT
CONCERNING THE CREATION OF A "NO SALES SOLICITATION
CALLS LIST" THROUGH THE OFFICE OF CONSUMER COUNSEL IN THE
DEPARTMENT OF REGULATORY AGENCIES, AND, IN CONNECTION THEREWITH,
MAKING ENFORCEMENT OF VIOLATIONS THEREOF SUBJECT TO THE "COLORADO
CONSUMER PROTECTION ACT" AND MAKING AN APPROPRIATION.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Requires the office of consumer counsel in the department of regulatory agencies to establish, update, and publish a "no sales solicitation calls list". Permits any residential, mobile, or telephonic paging device telephone subscriber to notify the office of consumer counsel they desire to be on such list. Authorizes the office of consumer counsel to charge fees for initial listing and annual renewals.
Prohibits telephone solicitors, as defined in this act, from making any unsolicited telephone calls to any person listed in the "no sales solicitation calls list". Exempts charitable solicitors from the term "telephone solicitor" under this act. Also exempts telephone solicitations relating to prior or existing business relationships that the specific business of the solicitor may have with a person called. Makes violations of this act violations of the "Colorado Consumer Protection Act", subject to enforcement by the attorney general, local district attorneys, and through private civil actions authorized therein.
Authorizes the office of consumer counsel to charge a fee for the distribution of copies of such list. Directs that all fees collected shall be deposited into the fixed utility fund. Repeals this act July 1, 2003.
Appropriates $100,000 from the fixed utility fund
reserve to the office of consumer counsel for the implementation
of this act.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 1 of title 6, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:
61501. No sales solicitation calls list repeal. (1) (a) AS USED IN THIS SECTION, "TELEPHONE SOLICITOR" MEANS ANY NATURAL PERSON, FIRM, ORGANIZATION, PARTNERSHIP, ASSOCIATION, OR CORPORATION, OR A SUBSIDIARY OR AFFILIATE THEREOF, DOING BUSINESS IN THIS STATE, THAT MAKES OR CAUSES TO BE MADE A TELEPHONIC SALES CALL, INCLUDING, BUT NOT LIMITED TO, CALLS MADE BY USE OF AUTOMATED DIALING OR RECORDED MESSAGE DEVICES.
(b) "TELEPHONE SOLICITOR" DOES NOT INCLUDE:
(I) A PAID SOLICITOR OR CHARITABLE ORGANIZATION THAT IS REQUIRED TO AND THAT HAS COMPLIED WITH THE NOTICE AND REPORTING REQUIREMENTS OF SECTION 616104, OR A PERSON THAT IS EXCLUDED FROM SUCH NOTICE AND REPORTING REQUIREMENTS BY SECTION 616103 (7); OR
(II) A PERSON SOLICITING BUSINESS SOLELY FROM A PERSON WITH WHOM THE SPECIFIC BUSINESS ENTERPRISE ON WHOSE BEHALF THE PERSON IS CALLING HAS A PRIOR OR EXISTING BUSINESS RELATIONSHIP.
(2) (a) ANY RESIDENTIAL, MOBILE, OR TELEPHONIC PAGING DEVICE TELEPHONE SUBSCRIBER DESIRING TO BE PLACED ON A "NO SALES SOLICITATION CALLS LIST" INDICATING THAT THE SUBSCRIBER DOES NOT WISH TO RECEIVE UNSOLICITED TELEPHONIC SALES CALLS MAY NOTIFY THE OFFICE OF CONSUMER COUNSEL AND BE PLACED ON THAT LIST UPON RECEIPT BY THE OFFICE OF CONSUMER COUNSEL OF A FEE NOT TO EXCEED TEN DOLLARS FOR AN INITIAL LISTING CHARGE. THIS LISTING SHALL BE RENEWED BY THE OFFICE OF CONSUMER COUNSEL ANNUALLY FOR EACH CONSUMER UPON RECEIPT OF A RENEWAL NOTICE AND A FEE NOT TO EXCEED FIVE DOLLARS.
(b) (I) THE OFFICE OF CONSUMER COUNSEL SHALL UPDATE ITS "NO SALES SOLICITATION CALLS LIST" AT LEAST QUARTERLY UPON RECEIPT OF INITIAL CONSUMER SUBSCRIPTIONS OR RENEWALS AND PROVIDE THIS LIST AT LEAST QUARTERLY FOR A FEE NOT TO EXCEED FOUR HUNDRED DOLLARS ANNUALLY TO TELEPHONE SOLICITORS UPON REQUEST.
(II) THE OFFICE OF CONSUMER COUNSEL SHALL PROMOTE AND PUBLICIZE THE "NO SALES SOLICITATION CALLS LIST" AS APPROPRIATE.
(c) ALL FEES IMPOSED PURSUANT TO THIS SECTION SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL THE CREDIT THE SAME TO THE FIXED UTILITY FUND CREATED IN SECTION 402114, C.R.S. ALL MONEYS FROM FEES IMPOSED UNDER THIS SECTION CREDITED TO SUCH FUND SHALL BE SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE ADMINISTRATION OF THE "NO SALES SOLICITATION CALLS LIST" DEVELOPED AND MAINTAINED BY THE OFFICE OF CONSUMER COUNSEL UNDER THE PROVISIONS OF THIS SECTION.
(3) NO TELEPHONE SOLICITOR SHALL MAKE OR CAUSE TO BE MADE ANY UNSOLICITED TELEPHONIC SALES CALL TO ANY RESIDENTIAL, MOBILE, OR TELEPHONIC PAGING DEVICE TELEPHONE SUBSCRIBER IF THE NUMBER FOR THAT TELEPHONE SUBSCRIBER APPEARS IN THE THEN CURRENT QUARTERLY LIST PUBLISHED BY THE OFFICE OF CONSUMER COUNSEL. ANY TELEPHONE SOLICITOR OR PERSON WHO OFFERS FOR SALE ANY CONSUMER INFORMATION THAT INCLUDES RESIDENTIAL, MOBILE, OR TELEPHONIC PAGING DEVICE TELEPHONE NUMBERS, EXCEPT DIRECTORY ASSISTANCE AND TELEPHONE DIRECTORIES SOLD BY TELEPHONE COMPANIES AND ORGANIZATIONS EXEMPT UNDER SEC. 501(c)(3) OR SEC. 501(c)(6) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986", SHALL SCREEN AND EXCLUDE THOSE NUMBERS THAT APPEAR ON THE OFFICE OF CONSUMER COUNSEL'S THEN CURRENT "NO SALES SOLICITATION CALLS LIST".
(4) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2003.
SECTION 2. 61105 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
61105. Deceptive trade practices repeal. (1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person:
(p.9) (I) VIOLATES THE PROVISIONS OF SECTION 61501 IN SOLICITING A CONSUMER RESIDING IN COLORADO BY TELEPHONE.
(II) THIS PARAGRAPH (p.9) IS REPEALED, EFFECTIVE JULY 1, 2003. SECTION 3. 406.5106 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
406.5106. Powers of consumer counsel repeal. (1) The consumer counsel:
(e) (I) SHALL IMPLEMENT AND ADMINISTER, OR PROVIDE FOR THE ADMINISTRATION OF, THE "NO SALES SOLICITATION CALLS LIST" UNDER THE PROVISIONS OF SECTION 61501, C.R.S.
(II) THIS PARAGRAPH (e) IS REPEALED, EFFECTIVE JULY 1, 2003.
SECTION 4. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the fixed utility fund reserve created pursuant to section 402114, Colorado Revised Statutes, not otherwise appropriated, to the department of regulatory agencies, for allocation to the office of consumer counsel, for the fiscal year beginning July 1, 1998, the sum of one hundred thousand dollars ($100,000), or so much thereof as may be necessary, for the implementation of this act.
SECTION 5. Effective date applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) The provisions of this act shall apply to acts occurring on or after the applicable effective date of this act.