S.B. 05-89 Unfair drug pricing - deceptive trade practice. Allows the department of public health and environment to determine if there is a shortage of drugs critical to public safety and to declare an emergency for the purpose of preventing the practice of unfair drug pricing. Makes the practice of unfair drug pricing a deceptive trade practice.
APPROVED by Governor April 22, 2005
EFFECTIVE April 22, 2005
S.B. 05-205 Modifications to requirements of charitable solicitations act - definition of "paid solicitor" and "professional fundraising consultant" - charitable organization filing requirements - electronic filing of uniform multistate registration statements and federal annual information returns - appropriation. Amends the "Colorado Charitable Solicitations Act" as follows:
● Clarifies that a lawyer, investment counselor, or banker is not considered a "paid solicitor" or "professional fundraising consultant" as a result of rendering professional services to a charitable organization or advising a person to make a charitable contribution during the course of rendering professional services to the person;
● Obligates a charitable organization that has filed a good faith estimate of financial information for its first fiscal year to amend its initial registration statement within a certain period after the close of its first fiscal year;
● Requires the registration filed by a charitable organization with the secretary of state to also contain the names and addresses of any paid solicitors, professional fundraising consultants, and commercial coventurers who are acting or have agreed to act on behalf of the charitable organization, and specifies that if the paid solicitor, professional fundraising consultant, or commercial coventurer is a partnership, corporation, limited liability company, or other legal entity, the charitable organization need only list the name and address of the legal entity;
● Requires the secretary of state to take steps to enable and promote electronic filing of uniform multistate registration statements and federal annual information returns and to participate in a national online charity information system if deemed appropriate;
● Specifies that the registration exemption available to charitable organizations that do not receive revenues of more than $25,000 in a fiscal year or from more than 10 donors does not apply to a charitable organization that contracts with a paid solicitor to solicit contributions in Colorado for the organization; and
● Modifies the content of the registration form for professional fundraising consultants to require inclusion on the form of the applicant's business and, if not an individual, the place and date of legal formation.
Appropriates from the department of state cash fund to the department of state, $104,317 and 0.3 FTE for the implementation of this act.
APPROVED by Governor June 3, 2005
EFFECTIVE June 3, 2005
H.B. 05-1059 Prohibition against unsolicited facsimiles - exemptions. Adds exemptions to the prohibition against sending an unsolicited facsimile for an existing business relationship and for a nonprofit organization that has the recipient's prior express written invitation or permission to deliver the facsimile.
APPROVED by Governor May 4, 2005
EFFECTIVE May 4, 2005
H.B. 05-1162 Energy efficiency standards - household appliances, commercial equipment, and traffic signals. Declares that the use of more energy-efficient appliances can save money, conserve water, reduce pollution, avoid utility infrastructure costs, and benefit local economies.
Adopts statutory standards for the energy efficiency of the following household appliances, commercial equipment, and traffic signals sold in Colorado on or after January 1, 2008, or installed in Colorado on or after January 1, 2009:
● Automatic commercial ice-makers;
● Commercial pre-rinse spray valves;
● Digital television adapters;
● Illuminated exit signs;
● Low-voltage, dry-type distribution transformers;
● Metal halide lamp fixtures;
● Single-voltage external AC to DC power supplies;
● State-regulated incandescent reflector lamps;
● Torchiere fixtures;
● Traffic signal modules;
● Unit heaters; and
● Swimming pool pump motors.
Adopts statutory standards for the energy efficiency of new commercial refrigerators and freezers and new large packaged air conditioning equipment sold in Colorado on or after January 1, 2010, or installed in Colorado on or after January 1, 2011.
Requires manufacturers of products subject to energy efficiency standards to test samples of the product, when necessary, to determine compliance with applicable standards and to certify in writing to the state attorney general that the product sold in Colorado meets the applicable energy efficiency standards. Allows a manufacturer that has provided a certification to another state that has identical energy efficiency standards for the specific product and that maintains a database of compliant products to comply with the Colorado certification requirement by providing a copy of the certification provided to the other state of other proof of compliance deemed appropriate by the attorney general.
Exempts the following products from the energy efficiency standards:
● New products manufactured in Colorado and sold outside of Colorado;
● New products manufactured outside of Colorado and sold at wholesale in Colorado for final retail sale and installation outside of Colorado;
● Products installed in mobile or manufactured homes at the time of construction; and
● Products designed expressly for installation and use in recreational vehicles.
Specifies that sale or installation of a noncomplying product in violation of the applicable energy efficiency standards constitutes a deceptive trade practice.
VETOED by Governor April 28, 2005
H.B. 05-1166 Health care provider collection of outstanding debt - notice required - definition of "collection activity". For purposes of the notice of debt requirements imposed on health care providers prior to starting collection activities against the debtor, specifies that "collection activity" is limited to those activities of a licensed collection agency, using a business name other than that of the health care provider, provided or performed for purposes of collecting a debt and does not include the normal billing practices of the health care provider.
Modifies the requirement that a health care provider, prior to engaging a collection agency, give notice of the debt to the person who received care or treatment from the provider when the person has notified the provider of health care coverage and the health coverage plan pays only a portion of the debt to specify that the recipient of care or treatment must give notice of health care coverage within 30 days after receipt of the care or treatment. Allows the notice to contain the number of days following the notice that the health care provider will accept payment, rather than just the last date on which the health care provider will accept payment.
Declares that the failure of a health care provider to supply the required notice does not give rise to a cause of action or remedy against a collection agency under the "Colorado Fair Debt Collection Practices Act".
Specifies that the act applies to amounts due and owing on or after August 8, 2005.
APPROVED by Governor April 5, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 05-1288 Commercial solicitations - cellular telephones - penalties. Specifies that, on or after September 1, 2005, a person commits an unlawful telemarketing practice if the person knowingly lists a cellular telephone number in a directory for a commercial purpose without the owner's consent or uses a scanning device or other electronic means to make a commercial telephone solicitation to a cellular telephone. Specifies penalties for violations.
APPROVED by Governor May 27, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
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