reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENFORCEMENT OF NONDRAMATIC MUSIC COPYRIGHTS (§§ 6-13-101 — 6-13-204) › Article 13 - ENFORCEMENT OF MUSIC COPYRIGHTS (§§ 6-13-101 — 6-13-204) › Part 2 - REQUIRED DISCLOSURES (§§ 6-13-201 — 6-13-204) › Section 6-13-202 - Catalog of musical works - publication by performing rights society

(1)
(a)
A performing rights society shall publish a list online of all nondramatic musical works the performing rights society licenses for performance in a retail establishment.
(b)
To comply with this section, the list of nondramatic musical works must be:
(I)
Updated within thirty business days after adding or subtracting a nondramatic musical work; and
(II)
Made available, without charge, to any proprietor within Colorado and to the secretary of state on a website or using a substantially similar or superior technology for communicating the information, at no charge, to the public.
(2)
A performing rights society licensing musical works in Colorado shall file the address of the website or substantially similar or superior technology with the secretary of state, who shall publish the website address of the list published in accordance with subsection (1)(a) of this section on the secretary of state's website or using a substantially similar or superior technology for communicating the information, at no charge, to the public.
Added by 2017 Ch. 78,§ 4, eff. 8/9/2017.
L. 2017: Entire part added, (HB 17-1092), ch. 78, p. 247, § 4, effective August 9.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENFORCEMENT OF NONDRAMATIC MUSIC COPYRIGHTS (§§ 6-13-101 — 6-13-204) › Article 13 - ENFORCEMENT OF MUSIC COPYRIGHTS (§§ 6-13-101 — 6-13-204) › Part 2 - REQUIRED DISCLOSURES (§§ 6-13-201 — 6-13-204) › Section 6-13-203 - Violations

(1)
A performing rights society shall not enter into a contract that is subject to this article 13 without either:
(a)
Publishing the disclosures required by this part 2; or
(b)
Making the filings required by this part 2.
Added by 2017 Ch. 78,§ 4, eff. 8/9/2017.
L. 2017: Entire part added, (HB 17-1092), ch. 78, p. 247, § 4, effective August 9.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENFORCEMENT OF NONDRAMATIC MUSIC COPYRIGHTS (§§ 6-13-101 — 6-13-204) › Article 13 - ENFORCEMENT OF MUSIC COPYRIGHTS (§§ 6-13-101 — 6-13-204) › Part 2 - REQUIRED DISCLOSURES (§§ 6-13-201 — 6-13-204) › Section 6-13-204 - Royalties and catalog of musical works - material information

The contracts and schedule of royalties submitted to the secretary of state in accordance with section
6-13-201
and the list of all nondramatic musical works published online in accordance with section
6-13-202
constitute material information for purposes of section
6-1-105(1)(u)
.
Added by 2017 Ch. 78,§ 4, eff. 8/9/2017.
L. 2017: Entire part added, (HB 17-1092), ch. 78, p. 247, § 4, effective August 9.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Article 15 - ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Part 1 - CONSIGNMENT OF WORKS OF FINE ART (§§ 6-15-101 — 6-15-104) › Section 6-15-101 - Definitions

As used in this part 1, unless the context otherwise requires:
(1)
"Art dealer" means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction.
(2)
"Artist" means the creator of a work of fine art.
(3)
"On consignment" means that no title to or estate in the goods or right to possession thereof superior to that of the consignor vests in the consignee, notwithstanding the consignee's power or authority to transfer and convey all of the right, title, and interest of the consignor, in and to such goods to a third person.
(4)
"Work of fine art" or "work" means:
(a)
A work of visual art such as a painting, sculpture, drawing, mosaic, or photograph;
(b)
A work of calligraphy;
(c)
A work of graphic art such as an etching, a lithograph, an offset print, a silk screen, or any other work of similar nature;
(d)
A craft work in materials, including but not limited to clay, textile, fiber, wood, metal, plastic, or glass;
(e)
A work in mixed media such as collage or any combination of the art media set forth in this subsection (4).
L. 82: Entire article added, p. 229, § 1, effective March 25. L. 2017: IP amended, (HB 17-1241), ch. 163, p. 605, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Article 15 - ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Part 1 - CONSIGNMENT OF WORKS OF FINE ART (§§ 6-15-101 — 6-15-104) › Section 6-15-102 - Art dealers and artists - consignment of works of fine art

(1)
Notwithstanding any custom, practice, or usage of the trade and any of the provisions of section
4-2-326
, C.R.S., to the contrary, whenever an artist delivers or causes to be delivered a work of fine art of his own creation to an art dealer for the purpose of exhibition or sale on a commission, fee, or other basis of compensation, the delivery to and acceptance thereof by the art dealer is deemed to place the work on consignment and:
(a)
Such art dealer shall thereafter, with respect to the work, be deemed to be the agent of such artist;
(b)
Such work is trust property in the hands of the consignee for the benefit of the consignor; and
(c)
Any proceeds from the sale of the work are trust funds in the hands of the consignee for the benefit of the consignor.
(2)
Notwithstanding the subsequent purchase of a work of fine art by the consignee directly or indirectly for his own account, the work initially received on consignment shall be deemed to remain trust property until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide third party before the consignor has been paid in full, the proceeds of the resale are trust funds in the hands of the consignee for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor, and such trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged in full.
(3)
Notwithstanding the provisions of the "Uniform Commercial Code - Sales", no such trust property or trust funds shall be subject to or subordinate to any claims, liens, or security interests of the consignee's creditors.
(4)
An art dealer is strictly liable for the loss of or damage to a work of fine art while it is in his possession. The value of the work of fine art is, for the purposes of this subsection (4), the value established in a written agreement between the artist and the art dealer prior to the loss or damage of the work.
L. 82: Entire article added, p. 230, § 1, effective March 25. L. 95: (4) amended, p. 192, § 2, effective April 13.
Changes in the internal numbering and lettering of subsection (1) were made on revision in 1998 to conform to standard C.R.S. format.
For the provisions in the "Uniform Commercial Code" concerning sales, see article 2 of title 4.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Article 15 - ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Part 1 - CONSIGNMENT OF WORKS OF FINE ART (§§ 6-15-101 — 6-15-104) › Section 6-15-103 - Penalties

A violation by an art dealer of any of the provisions of this part 1 shall render the art dealer liable for damages to the artist in an amount equal to fifty dollars plus the actual damages sustained by the artist, including incidental and consequential damages. In such an action reasonable attorney fees and court costs shall be paid to the prevailing party.
L. 82: Entire article added, p. 230, § 1, effective March 25. L. 2017: Entire section amended, (HB 17-1241), ch. 163, p. 605, § 3, effective August 9.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Article 15 - ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Part 1 - CONSIGNMENT OF WORKS OF FINE ART (§§ 6-15-101 — 6-15-104) › Section 6-15-104 - Applicability

(1)
This part 1 shall not apply to any contract or arrangement in existence prior to March 25, 1982, nor to any extensions or renewals thereof; except that the parties to the contract or arrangement may thereafter elect to be governed by the provisions of this part 1.
(2)
Any provision, whether oral or written, in or pertaining to the placing of a work of fine art on consignment whereby any provision of this part 1 is waived shall be deemed to be against public policy and shall be void.
L. 82: Entire article added, p. 230, § 1, effective March 25. L. 2017: Entire section amended, (HB 17-1241), ch. 163, p. 605, § 4, effective August 9.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Article 15 - ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Part 2 - INDIAN ARTS AND CRAFTS SALES (§§ 6-15-201 — 6-15-208) › Section 6-15-201 - Short title

The short title of this part 2 is the "Indian Arts and Crafts Sales Act".
L. 2017: Entire part added, (HB 17-1241), ch. 163, p. 602, § 1, effective August 9.
This section is similar to former § 12-44.5-101 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Article 15 - ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Part 2 - INDIAN ARTS AND CRAFTS SALES (§§ 6-15-201 — 6-15-208) › Section 6-15-202 - Legislative declaration

The purpose of this part 2 is to protect the public from false representation in the sale or offering for sale of authentic Indian and other arts and crafts.
L. 2017: Entire part added, (HB 17-1241), ch. 163, p. 602, § 1, effective August 9.
This section is similar to former § 12-44.5-102 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Article 15 - ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Part 2 - INDIAN ARTS AND CRAFTS SALES (§§ 6-15-201 — 6-15-208) › Section 6-15-204 - Inquiry as to producer

(1)
It is the duty of every person selling or offering for sale at retail authentic Indian arts and crafts or other arts and crafts to the general public to make due inquiry of their suppliers concerning the methods used in producing the arts and crafts and to determine whether the arts and crafts are in fact authentic.
(2)
It is hereby made the duty of every person selling or offering for sale at retail to the general public natural or unnatural turquoise to make due inquiry of their suppliers concerning the source, grade, and quality of the turquoise for resale.
(3)
If the supplier cannot authenticate to the seller the origin and process of manufacture regarding the Indian arts and crafts to be sold or traded to the seller, the seller shall not sell the arts and crafts to the general public as authentic Indian arts and crafts.
L. 2017: Entire part added, (HB 17-1241), ch. 163, p. 604, § 1, effective August 9.
This section is similar to former § 12-44.5-104 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Article 15 - ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Part 2 - INDIAN ARTS AND CRAFTS SALES (§§ 6-15-201 — 6-15-208) › Section 6-15-205 - Unlawful acts

(1)
A person shall not knowingly:
(a)
Sell or offer for sale any products represented as authentic Indian arts and crafts unless the products are in fact authentic Indian arts and crafts;
(b)
Sell or offer to sell any authentic Indian arts and crafts purporting to be silver unless the products are made of coin silver or sterling silver that is not less than ninety-percent pure silver by weight or unless the person provides a statement to the purchaser at retail concerning the content of the silver used in the arts or crafts;
(c)
Sell or offer to sell any authentic Indian arts and crafts that are not separately displayed from other arts and crafts and the authentic Indian arts and crafts are not clearly designated with a tag attached to each product and containing the words "Authentic Indian" in letters not less than one-quarter inch high or, if the authentic Indian arts and crafts can clearly be labeled by the use of a display card, then in lieu of tagging each article the person may label the authentic Indian arts and crafts with a printed display card in letters not less than one-half inch in height and containing the words "Authentic Indian". The label or display card shall be maintained with the related crafts in an area separate from other arts and crafts so as to clearly designate the authentic Indian arts and crafts.
(d)
Sell or offer to sell spin cast components of authentic Indian jewelry, other than findings, or use spin cast components in authentic Indian jewelry unless the jewelry is labeled as being so cast in its manufacture.
L. 2017: Entire part added, (HB 17-1241), ch. 163, p. 604, § 1, effective August 9.
This section is similar to former § 12-44.5-105 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Article 15 - ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Part 2 - INDIAN ARTS AND CRAFTS SALES (§§ 6-15-201 — 6-15-208) › Section 6-15-206 - Unfair trade practices

(1)
A person shall not:
(a)
Use a false or misleading statement, written or oral, or the lack thereof, a visual description or the lack thereof, or any representation or lack thereof made in connection with the sale or trade of Indian arts and crafts in the regular course of trade or commerce with the intent to deceive or mislead any person;
(b)
Falsely represent turquoise being sold as having characteristics, elements, or qualities it does not have;
(c)
Falsely represent turquoise being sold as natural turquoise if in fact it is in an unnatural state;
(d)
Make a false or misleading statement of fact concerning the price or value for the purpose of selling or trading turquoise.
L. 2017: Entire part added, (HB 17-1241), ch. 163, p. 604, § 1, effective August 9.
This section is similar to former § 12-44.5-106 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Article 15 - ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Part 2 - INDIAN ARTS AND CRAFTS SALES (§§ 6-15-201 — 6-15-208) › Section 6-15-207 - Violations - penalty

Any person who knowingly violates any of the provisions of section
6-15-205
or
6-15-206
commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
Amended by 2021 Ch. 462,§ 62, eff. 3/1/2022.
L. 2017: Entire part added, (HB 17-1241), ch. 605, p. 605, § 1, effective August 9.
(1) This section is similar to former § 12-44.5-107 as it existed prior to 2017.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Article 15 - ART TRANSACTIONS (§§ 6-15-101 — 6-15-208) › Part 2 - INDIAN ARTS AND CRAFTS SALES (§§ 6-15-201 — 6-15-208) › Section 6-15-208 - Right of action - damages

In addition to any judicial relief, any person who suffers financial injury or damages by reason of anything forbidden in this part 2 may sue in district court and may recover actual damages sustained by him or her and the cost of suit, including reasonable attorney fees.
L. 2017: Entire part added, (HB 17-1241), ch. 163, p. 605, § 1, effective August 9.
This section is similar to former § 12-44.5-108 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-101 - Short title

This article shall be known and may be cited as the "Colorado Charitable Solicitations Act".
L. 88: Entire article added, p. 350, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-102 - Legislative declaration

The general assembly hereby finds that fraudulent charitable solicitations are a widespread practice in this state that results in millions of dollars of losses to contributors and legitimate charities each year. Legitimate charities are harmed by such fraud because the money available for contributions continually is being siphoned off by fraudulent charities, and the goodwill and confidence of contributors continually is being undermined by the practices of unscrupulous solicitors. The general assembly further finds that legitimate charities provide many public benefits and that charitable donations are a direct result of public trust in charities. The general assembly therefore finds that the provisions of this article, including those involving pertinent information to be filed in a timely manner by charitable organizations and disclosures to be made by paid solicitors, are necessary to protect the public's interest in making informed choices as to which charitable causes should be supported. Furthermore, these provisions are intended to help the secretary of state investigate allegations of wrongdoing in charities, without having a chilling effect on donors who wish to give anonymously or requiring public disclosure of confidential information about charities.
L. 88: Entire article added, p. 350, § 1, effective July 1. L. 2008: Entire section amended, p. 806, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-104.5 - [Repealed]

L. 92: Entire section added, p. 235, § 1, effective June 1.
Subsection (2) provided for the repeal of this section, effective December 31, 1994. (See L. 92, p. 235.)
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-105.3 - Solicitations by telephone

(1)
In addition to any other disclosure required for solicitations by telephone under section
6-16-105
, a paid solicitor who makes an oral solicitation to any person by a telephone call received in Colorado regarding a charitable contribution shall make the following oral disclosures as part of the telephone solicitation:
(a)
A statement that the person soliciting the charitable contribution by telephone is paid to make such solicitation;
(b)
The name of the telemarketing company that employs the paid solicitor;
(c)
The name and telephone number of the charitable organization on whose behalf the paid solicitor is making the solicitation;
(d)
(Deleted by amendment, L. 2001, p. 1247, § 5, effective May 9, 2002.)
(d.5)
The first name and surname of the paid solicitor, which must be given in the opening greeting;
(e)
A statement, which must be made prior to the person's agreement to make a contribution, that the charitable contribution is not tax deductible, if such is the case;
(f)
Upon request by a person from whom a charitable contribution is sought, the percentage of the contribution that will be paid to the charitable organization as a result of such person's contribution; and
(g)
Upon request by a person from whom a charitable contribution is sought, the registration numbers of the charitable organization and the paid solicitor.
(2)
A volunteer as defined in section
6-16-103 (12)
who makes an oral solicitation to any person by a telephone call received in Colorado regarding a charitable contribution is subject to the disclosure required under paragraph (e) of subsection (1) of this section.
(3)
Nothing in this section shall be construed as restricting, superseding, abrogating, or contravening any state or federal law or regulation regarding charitable solicitations.
L. 97: Entire section added, p. 404, § 1, effective July 1. L. 2001: (1)(d) amended and (1)(g) added, p. 1247, § 5, effective 5/9/2002. L. 2012: IP(1) and (1)(e) amended and (1)(d.5) added, (HB 12-1236), ch. 133, p. 458, § 4, effective 1/1/2013.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-105.5 - Solicitations by container - disclosures

(1)
(a)
No person or charitable organization, or agent of a person or charitable organization, whether paid or not paid, shall place any container offering a product for sale or distribution in a public place for solicitation purposes unless the container is affixed with a disclosure label conspicuously displaying the information set forth in subsection (2) of this section in a typed or printed clearly legible form.
(b)
(I)
A person other than an organization that has received a determination that it is exempt under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, who places a container in a public place for solicitation purposes and who does not direct all of the items placed in the container to a charitable purpose or, if the items are sold, does not direct all proceeds of such sale to a charitable purpose, shall affix to the container a disclosure label that clearly and conspicuously displays the following legend:
DONATED ITEMS WILL BE SOLD FOR PROFIT
The value of items placed in this container is NOT tax-deductible.
(II)
This paragraph (b) shall not apply to containers used exclusively for the collection of used paper, cardboard, motor oil, bottles, cans, or other containers or materials for recycling or waste diversion purposes.
(2)
The disclosure label required pursuant to paragraph (a) of subsection (1) of this section shall state the following:
(a)
The percentage of annual contributions that are paid to any person or organization to maintain, service, or collect the contributions deposited in all the containers used by the person or charitable organization;
(b)
The percentage of annual contributions that are paid to the charitable organization specified on the container;
(c)
Whether the person maintaining, servicing, or collecting the contributions deposited in the container is a volunteer or is paid for the services.
(3)
For purposes of this section, "container" means a box, carton, package, receptacle, canister, jar, dispenser, or machine.
(4)
Nothing in this section shall be construed as restricting, superseding, abrogating, or contravening any state or federal law or regulation regarding charitable solicitations.
L. 96: Entire section added, p. 291, § 1, effective July 1. L. 2009: (1) and IP(2) amended, (HB 09-1052), ch. 50, p. 178, §1, effective August 5.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-106 - Contributor's right to cancel

(1)
In addition to any right otherwise provided by law with respect to the binding nature of an agreement or pledge to make a charitable contribution, a contributor shall have the right to cancel his agreement or pledge to contribute as follows:
(a)
With respect to a solicitation in which the paid solicitor knowingly fails to comply with this article, at any time; or
(b)
Until 12 midnight of the third business day, or with respect to a nonmonetary contribution, until 12 midnight of the first business day after the day on which the contributor receives a written confirmation of contribution pursuant to section
6-16-105
.
(2)
Cancellation occurs when the contributor gives written or oral notice of the cancellation to the paid solicitor at the address or telephone number stated in the written confirmation of contribution.
(3)
Notice of cancellation, if given by mail, is given at the time it is properly addressed and deposited in a mail box with proper postage.
(4)
A particular form shall not be required for a notice of cancellation, and such notice shall be sufficient if it indicates the intention of the contributor to cancel his pledge to contribute.
(5)
Within ten days after a notification of cancellation has been received by the paid solicitor, the paid solicitor shall tender to the contributor any contribution made and any note or other evidence of indebtedness.
(6)
Allowing for ordinary wear and tear or consumption of the goods contemplated by the transaction, within a reasonable time after an agreement or pledge to contribute has been canceled, the contributor upon demand must tender to the paid solicitor any goods or items delivered by the paid solicitor in connection with the contribution but shall not be under obligation to tender at any other place than where the goods or items were delivered. If the paid solicitor fails to demand possession of the goods or items within a reasonable time after cancellation, the goods or items become the property of the contributor without obligation to contribute. For purposes of this subsection (6), forty days is presumed to be a reasonable time.
L. 88: Entire article added, p. 355, § 1, effective July 1. L. 89: Entire section R&RE, p. 365, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-107 - Donated tickets - sponsored attendance

No person, in the course of or in aid of a solicitation, shall represent that a contribution will purchase a ticket or tickets to be donated for use by another, sponsor the attendance of another at an event, or sponsor the receipt of a benefit by another while knowing that the donated tickets or sponsorships will not actually be used or received by the donees or beneficiaries in the quantity represented.
L. 88: Entire article added, p. 355, § 1, effective July 1. L. 89: Entire section R&RE, p. 366, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-108 - [Repealed]

L. 88: Entire article added, p. 356, § 1, effective July 1. L. 89: Entire section repealed, p. 367, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-109 - Records - accounts

(1)
During each solicitation campaign, a paid solicitor shall create and maintain, for not less than two years after the completion of such campaign, the following records:
(a)
Copies of all written confirmations or any standardized written confirmations provided pursuant to section
6-16-105
;
(b)
The name and residence address of each employee, agent, or other person involved in the solicitation as is on record at the time of such solicitation;
(c)
The locations and account numbers of all bank or other financial institution accounts into which the paid solicitor has deposited receipts from the solicitation;
(d)
Records indicating the quantity of donated tickets or sponsorships, as described in section
6-16-107
, which were actually used or received by donees or beneficiaries;
(e)
A complete record and accounting of the receipts and disbursements of funds derived from any solicitation campaign. Said record and accounting shall clearly identify any person or organization to whom or to which any part of such funds are transferred and shall describe with specificity the purpose for which any expenditure is made and the amount of each expenditure. Funds spent directly for any charitable purpose or transferred to any charitable organization as represented in the solicitations shall be clearly delineated as such.
(f)
All written records relating to pitches, sales approaches, or disclosures used during any solicitation campaign and all instructions provided to paid solicitors concerning the content or solicitations;
(g)
All contracts or agreements made with charitable organizations or other represented beneficiaries of solicitations; and
(h)
For each contribution, records indicating the name and address of the contributor, the amount of the contribution if monetary, and the date of the contribution, together with the name of the individual paid solicitor who solicited the contribution.
(2)
Any person involved in solicitations who claims an exemption from the definition of paid solicitor in section
6-16-103 (7)
shall maintain records of ruling letters and other communications from the internal revenue service regarding tax-exempt status. Failure to produce such records on written demand of the district attorney pursuant to section
6-16-111 (1)(e)
shall give rise to a rebuttable presumption that the person does not have a ruling letter granting tax-exempt status pursuant to
26 U.S.C. sec. 501(c)(3)
.
(3)
Repealed.
L. 88: Entire article added, p. 356, § 1, effective July 1. L. 89: IP(1), (1)(a), (1)(d), (1)(f), (1)(g), (2), and (3) amended and (1)(h) added, p. 366, § 6, effective July 1. L. 2001: (3) repealed, p. 1247, § 6, effective 5/9/2002.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-110 - Charitable sales promotions

(1)
The provisions of this article relating to commercial coventurers and charitable sales promotions shall apply only when a commercial coventurer reasonably expects that more than one-half of all proceeds of a solicitation campaign will be derived from transactions within the state of Colorado.
(2)
A commercial coventurer shall disclose in each advertisement for a charitable sales promotion the dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization or purpose. If the actual dollar amount or percentage cannot reasonably be determined prior to the final date of the charitable sales promotion, the commercial coventurer shall disclose an estimated dollar amount or percentage. Any such estimate shall be reasonable and shall be based upon all of the relevant facts known to the commercial coventurer regarding the charitable sales promotion.
(3)
A commercial entity which purchases at wholesale a product which is created, manufactured, or produced by a charitable organization for resale to the general public as part of the commercial entity's general stock of merchandise shall be exempt from the provisions of this article relating to commercial coventurers and charitable sales promotions.
L. 88: Entire article added, p. 357, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-110.5 - Secretary of state - dissemination of information - cooperation with other agencies - rules

(1)
The secretary of state shall take steps to:
(a)
Publicize the requirements of this article and otherwise assist charitable organizations, professional fundraising consultants, and paid solicitors in complying with this article;
(b)
Compile and publish, on an annual basis, the information provided by charitable organizations, professional fundraising consultants, and paid solicitors under this article to assist the public in making informed decisions about charitable solicitation and to assist charitable organizations in making informed decisions about contracting with paid solicitors;
(c)
Participate in a national online charity information system as soon as a system is established, if the secretary determines that participation will further advance the purposes of this subsection (1) and subsection (2) of this section.
(2)
The secretary of state may exchange with appropriate authorities of this state, any other state, and the United States information with respect to charitable organizations, professional fundraising consultants, commercial coventurers, and paid solicitors.
(3)
The secretary of state may promulgate rules as needed for the effective implementation of this article 16, including:
(a)
Providing for the extension of filing deadlines;
(b)
Providing for the online availability of forms required to be filed pursuant to sections
6-16-104
to
6-16-104.6
;
(c)
Providing for the electronic filing of required forms, including the acceptance of electronic signatures;
(d)
Mandating electronic filing and providing, in the secretary of state's discretion, for exceptions to mandatory electronic filing;
(e)
Setting fines for noncompliance with this article or rules promulgated pursuant to this article; and
(f)
Providing for the withdrawal of an active registration by a charitable organization, professional fundraising consultant, or paid solicitor.
Amended by 2017 Ch. 160, § 4, eff. 10/1/2018.
Amended by 2014 Ch. 118, § 5, eff. 8/6/2014.
L. 2001: Entire section added, p. 1239, § 3, effective 5/9/2002. L. 2002: (3) amended, p. 949, § 2, effective June 1. L. 2005: (1)(c) added, p. 1288, § 5, effective June 3. L. 2008: (3) amended, p. 807, § 3, effective September 1. L. 2014: IP(3) and (3)(e) amended, (HB 14-1206), ch. 118, p. 421, § 5, effective August 6. L. 2017: IP(3) amended and (3)(f) added, (HB 17-1158), ch. 160, p. 594, § 4, effective 10/1/2018.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-111.5 - Investigations

Whenever the secretary of state or the secretary of state's designee believes that a violation of this article has occurred, the secretary of state or the secretary of state's designee may investigate any such violation. Upon demand, records shall be made available and produced to the secretary of state for inspection. Such records shall not be subject to disclosure pursuant to part 2 of article
72
of title
24
, C.R.S.; except that public records about persons subject to this article prepared by the secretary of state or the secretary of state's designee are subject to disclosure pursuant to part 2 of article
72
of title
24
, C.R.S.
L. 2008: Entire section added, p. 807, § 4, effective September 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-112 - Address of record - service of process

(1)
Any person required under this article 16 to register with the secretary of state shall, in his or her initial registration or application and in every renewal, provide an address of record. Unless the registrant designates an alternative address, the address of record is the registrant's principal place of business.
(2)
Any notice, order, or document issued by the secretary of state in accordance with this article 16 is properly served if mailed to the registrant's or applicant's address of record.
(3)
Any foreign corporation performing an act prohibited under this article 16 through a salesperson or agent is subject to service of process either upon the registered agent specified by the corporation or upon the corporation itself if the corporation fails to maintain a registered agent as required by part 7 of article
90
of title
7
. Service of process upon any individual outside this state based upon any action arising out of matters prohibited by this article 16 must be effected pursuant to section
13-1-125
.
Amended by 2017 Ch. 160, § 6, eff. 10/1/2018.
Amended by 2014 Ch. 118, § 6, eff. 8/6/2014.
L. 88: Entire article added, p. 358, § 1, effective July 1. L. 93: Entire section amended, p. 853, § 2, effective 7/1/1994. L. 2003: Entire section amended, p. 2356, § 345, effective 7/1/2004. L. 2014: Entire section amended, (HB 14-1206), ch. 118, p. 422, § 6, effective August 6. L. 2017: Entire section amended, (HB 17-1158), ch. 160, p. 595, § 6, effective 10/1/2018.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-113 - Severability

If any provision of this article is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this article shall be valid, unless it appears to the court that the valid provisions of this article are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the general assembly would have enacted the valid provisions without the void provision or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.
L. 88: Entire article added, p. 358, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › CHARITABLE SOLICITATIONS (§§ 6-16-101 — 6-16-114) › Article 16 - COLORADO CHARITABLE SOLICITATIONS ACT (§§ 6-16-101 — 6-16-114) › Section 6-16-114 - Fines - required notification - rules

(1)
(a)
Any charitable organization, professional fundraising consultant, or paid solicitor who, after sufficient notification by the secretary of state, fails to properly register, renew a registration, file a financial report required by section
6-16-104 (2)(f), (4)(b), or (5)
, or file a financial report of a solicitation campaign under this article 16 by the end of the seventh day following the issuance of the final notice, is liable for a fine in an amount to be established by rule promulgated by the secretary of state.
(b)
The secretary of state provides sufficient notification under this section if the secretary:
(I)
Mails at least two notices by first-class mail to the address of record for the charitable organization, professional fundraising consultant, or paid solicitor; and
(II)
If the charitable organization, professional fundraising consultant, or paid solicitor has provided the secretary with an e-mail address, sends at least two notices to that e-mail address.
(c)
The fine for filing a registration renewal, financial report required by section
6-16-104 (2)(f), (4)(b), or (5)
, or solicitation campaign financial report late must not exceed one hundred dollars per year for charities or two hundred dollars per year for paid solicitors; except that a charitable organization that fails to timely renew its registration and fails to file the financial report required by section
6-16-104 (5)
is only subject to a single fine for the failure to renew its registration.
(d)
The fine for soliciting before registering must not exceed three hundred dollars per year for a charitable organization or one thousand dollars per year for paid solicitors.
(2)
If a paid solicitor fails to file a solicitation notice at least fifteen days before commencing a solicitation campaign, the secretary of state shall assess against the paid solicitor, at the time the paid solicitor files the solicitation notice, a fine in an amount established in rules promulgated by the secretary of state.
(3)
A fine imposed under this section is in addition to any other filing fee provided by this article.
Amended by 2017 Ch. 160, § 7, eff. 10/1/2018.
Amended by 2014 Ch. 118, § 7, eff. 8/6/2014.
L. 2008: Entire section added, p. 807, § 4, effective September 1. L. 2010: Entire section amended, (HB 10 -1403), ch. 404, p. 1993, § 1, effective August 11. L. 2014: Entire section amended, (HB 14-1206), ch. 118, p. 422, § 7, effective August 6. L. 2017: (1)(a), (1)(b), and (1)(c) amended, (HB 17-1158), ch. 160, p. 596, § 7, effective 10/1/2018.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › RECORDS RETENTION (§§ 6-17-101 — 6-17-106) › Article 17 - UNIFORM RECORDS RETENTION ACT (§§ 6-17-101 — 6-17-106) › Section 6-17-101 - Short title

This article shall be known and may be cited as the "Uniform Records Retention Act".
L. 90: Entire article added, p. 384, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › RECORDS RETENTION (§§ 6-17-101 — 6-17-106) › Article 17 - UNIFORM RECORDS RETENTION ACT (§§ 6-17-101 — 6-17-106) › Section 6-17-102 - Legislative declaration

The general assembly hereby finds that there is a need to minimize the paperwork burden associated with the retention of business records for individuals, small businesses, state and local agencies, corporations, and other persons, and there is a need to minimize the costs of collecting, maintaining, using, storing, and disseminating information and business records. The general assembly therefore finds that the provisions of this article are necessary to promote efficiency and economy.
L. 90: Entire article added, p. 384, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › RECORDS RETENTION (§§ 6-17-101 — 6-17-106) › Article 17 - UNIFORM RECORDS RETENTION ACT (§§ 6-17-101 — 6-17-106) › Section 6-17-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Business record" means books of account; vouchers; documents; canceled checks; payrolls; correspondence; records of sales, personnel, equipment, and production; reports relating to any or all of such records; and other business papers.
(2)
"Record" means any letter, word, sound, number, or its equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical, or electronic recording of other forms of data compilation. Unless otherwise specified, reproductions are records for purposes of this article.
(3)
"Reproduction" means any counterpart produced by the same impression as the original or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording or by chemical reproduction or by any equivalent technique which accurately reproduces the original.
L. 90: Entire article added, p. 384, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › RECORDS RETENTION (§§ 6-17-101 — 6-17-106) › Article 17 - UNIFORM RECORDS RETENTION ACT (§§ 6-17-101 — 6-17-106) › Section 6-17-104 - Records retention period

Any record required to be created or kept by any state or local law or regulation may be destroyed after three years from the date of creation, unless such law or regulation establishes a specified records retention period or a specific procedure to be followed prior to destruction.
L. 90: Entire article added, p. 385, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › RECORDS RETENTION (§§ 6-17-101 — 6-17-106) › Article 17 - UNIFORM RECORDS RETENTION ACT (§§ 6-17-101 — 6-17-106) › Section 6-17-105 - Form of record

Retention of reproductions produced pursuant to this article shall constitute compliance with any state or local law requiring that any record be created or kept.
L. 90: Entire article added, p. 385, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › RECORDS RETENTION (§§ 6-17-101 — 6-17-106) › Article 17 - UNIFORM RECORDS RETENTION ACT (§§ 6-17-101 — 6-17-106) › Section 6-17-106 - Scope of article

This article shall apply to all records prepared by private individuals, partnerships, corporations, or any other association, whether carried on for profit or not, and to any government entity operating under the laws of this state and shall apply to all records created before and after July 1, 1990.
L. 90: Entire article added, p. 385, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › HEALTH CARE COVERAGE COOPERATIVES (§§ 6-18-101 — 6-18-401) › Article 18 - HEALTH CARE COVERAGE COOPERATIVES - PROVIDER NETWORKS (§§ 6-18-101 — 6-18-401) › Part 1 - [Repealed] GENERAL PROVISIONS (§ 6-18-101) › Section 6-18-101 - to 6-18-103 - [Repealed]

L. 2004: Entire part repealed, p. 1011, § 23, effective August 4.
This article was added in 1994, and this part 1 was subsequently repealed in 2004.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › HEALTH CARE COVERAGE COOPERATIVES (§§ 6-18-101 — 6-18-401) › Article 18 - HEALTH CARE COVERAGE COOPERATIVES - PROVIDER NETWORKS (§§ 6-18-101 — 6-18-401) › Part 2 - [Repealed] HEALTH CARE COVERAGE COOPERATIVES (§ 6-18-201) › Section 6-18-201 - to 6-18-208 - [Repealed]

L. 2004: Entire part repealed, p. 1011, § 23, effective August 4.
(1) This article was added in 1994, and this part 2 was subsequently repealed in 2004.
(2) Section 6-18-206(1)(e) and (2)(c) were amended in Senate Bill 04-239. Those amendments were superseded by the repeal of this part 2 in Senate Bill 04-105.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › HEALTH CARE COVERAGE COOPERATIVES (§§ 6-18-101 — 6-18-401) › Article 18 - HEALTH CARE COVERAGE COOPERATIVES - PROVIDER NETWORKS (§§ 6-18-101 — 6-18-401) › Part 3 - PROVIDER NETWORKS (§§ 6-18-301 — 6-18-304) › Section 6-18-301 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that the rapidly changing health-care market provides unique opportunities for health-care providers to organize themselves into new forms of collaborative systems to deliver high quality health care at competitive market prices to cooperatives and other purchasers. This part 3 is enacted to encourage such collaborative arrangements and to further market-based competition among health-care providers.
(2)
The general assembly further recognizes that in order to achieve the most effective use of resources and medical technology to respond to changing market conditions, providers who would otherwise be competitors with each other will need to horizontally integrate in order to develop collaborative arrangements to guarantee an adequate number of providers to service the market and to vertically integrate in order to guarantee that those who receive services will have a continuum of care as appropriate to their care needs.
(3)
The general assembly also recognizes that to effect such new forms of collaborative systems and integration of providers to service the market will require an analysis of existing methods of providing services, contracting, collaborating, and networking among providers and the extent and type of regulatory oversight of licensed provider networks or licensed individual providers which is appropriate to protect the public.
L. 94: Entire article added, p. 1937, § 1, effective July 1.