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HB16-1318

Charitable Solicitations Regulation

Concerning the regulation of charitable solicitations by the secretary of state, and, in connection therewith, modifying and clarifying filing requirements and enforcement of the "Colorado Charitable Solicitations Act" and making an appropriation.
Session:
2016 Regular Session
Subjects:
Civil Law
State Government
Bill Summary

Section 1 of the bill clarifies that a charitable organization's registration with the secretary of state must be renewed on an annual basis if the charitable organization intends to solicit in Colorado, and an organization may not continue to solicit donations if it fails to renew its registration. The bill also requires an organization to update information in its registration within thirty days after any change.

Sections 1 to of the bill make consistent the requirements for affirmations and declarations required on various forms under the charitable solicitation laws so that these laws are consistent with the multistate registration and filing portal. of the bill make consistent the requirements for affirmations and declarations required on various forms under the charitable solicitation laws so that these laws are consistent with the multistate registration and filing portal.

Section 5 of the bill allows the secretary of state, after a hearing, to issue a cease-and-desist order to enforce provisions of law prohibiting soliciting contributions, acting as a paid solicitor, or acting as a professional fundraiser without registering with the secretary of state as provided by law. This section also revises hearing requirements to be consistent with the 'State Administrative Procedure Act'.

Section 6 of the bill specifies that if an organization fails to file its actual financial report to replace estimated financial reports, the organization is subject to statutory fines.

Section 7 of the bill appropriates, for the 2016-17 state fiscal year, $65,290 to the department of state. This appropriation is from the department of state cash fund, and the department may use this money for personal services related to information technology services.

Section 8 of the bill makes sections 1 to 6 of the bill effective July 1, 2017, and the remainder of the bill after the expiration of the 90-day period after the end of the 2016 regular session of the general assembly.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Lost

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Bill Text

Sponsors

Sponsor Type Legislators
Prime Sponsor

Rep. C. Wist
Sen. L. Newell

Sponsor

Co-sponsor

Rep. M. Foote, Rep. D. Kagan, Rep. S. Lontine, Rep. K. Priola

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The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details