Senate Committee of Reference Report
Committee on State, Veterans, & Military Affairs
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
Text that is added to a bill will be indicated by either all capitals or bold & italic as follows:
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April 2, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1088 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend reengrossed bill, page 3, line 27, strike "means, shall:" and
Page 1, Line 2substitute "means: shall:".
Page 1, Line 3Page 4, line 1, strike "Refer" and substitute "Shall refer".
Page 1, Line 4Page 4, strike lines 4 and 5 and substitute:
Page 1, Line 5"(II) May mark the business".
Page 1, Line 6Page 4, line 6, strike "is".
Page 1, Line 7Page 8, after line 27 insert:
Page 1, Line 8"SECTION 5. In Colorado Revised Statutes, 7-90-402, add (6)
Page 1, Line 9as follows:
Page 1, Line 107-90-402. Interrogatories by secretary of state - fraudulent
Page 1, Line 11business records.
Page 1, Line 12(6) (a) If the secretary of state has a reasonable basis to
Page 1, Line 13believe that a record is fraudulent or unauthorized based on
Page 1, Line 14the response or failure to respond to an interrogatory, the
Page 1, Line 15secretary of state may:
Page 1, Line 16(I) Mark the record with a notice that the record is
Page 1, Line 17unauthorized or fraudulent and declare the entity delinquent
Page 1, Line 18pursuant to sections 7-90-901 and 7-90-902;
Page 1, Line 19(II) Redact the unauthorized address or name from the
Page 1, Line 20record and from any other relevant records;
Page 1, Line 21(III) Disable additional filing functionality on the
Page 1, Line 22entity's records; and
Page 2, Line 1(IV) Take actions authorized in section 7-90-314
Page 2, Line 2(4)(g)(VIII).
Page 2, Line 3(b) As used in this section, "reasonable basis" means the
Page 2, Line 4secretary of state has information reasonably demonstrating
Page 2, Line 5that a filing has violated section 7-90-314 (1). This information
Page 2, Line 6includes a record having the following with respect to a record
Page 2, Line 7determined to be fraudulent or unauthorized under section
Page 2, Line 87-90-314:
Page 2, Line 9(I) A match or close similarity in an entity or contact
Page 2, Line 10name or address with the fraudulent or unauthorized record;
Page 2, Line 11(II) Patterns of activity consistent with the fraudulent
Page 2, Line 12or unauthorized record; or
Page 2, Line 13(III) Electronic identifiers associated with the fraudulent
Page 2, Line 14or unauthorized record.
Page 2, Line 15(c) A person aggrieved by an action taken by the
Page 2, Line 16secretary of state under subsection (6)(a) of this section may
Page 2, Line 17request the secretary of state to reverse the actions taken. The
Page 2, Line 18request must be submitted in a form prescribed by the secretary
Page 2, Line 19of state and include evidence showing that the action was an
Page 2, Line 20error. If the secretary of state denies the request, the
Page 2, Line 21aggrieved person may seek judicial review by bringing an action
Page 2, Line 22in the district court in and for the city and county of Denver.".
Page 2, Line 23Renumber succeeding sections accordingly.