November 18, 2018

HB 14-1206: Modifying the “Colorado Charitable Solicitations Act”

On January 30, 2014, Rep. Kathleen Conti and Sen. Jessie Ulibarri introduced HB 14-1206 – Concerning Modifications to the “Colorado Charitable Solicitations Act,” and, in Connection Therewith, Prohibiting Certain Charitable Solicitation Practices, Modifying the Secretary of State’s Fining Authority, Adjusting Registration Statement Requirements, and Specifying Requirements for Appointing Registered AgentsThis summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

As amended in the Senate, the bill amends the “Colorado Charitable Solicitations Act” (act) as follows:

  • Modifies the required content of charitable organization registration statements to eliminate unnecessary content;
  • Prohibits a charitable organization from aiding, abetting, or permitting a person paid solicitor to solicit contributions on its behalf unless the paid solicitor has complied with the requirements of the act;
  • Specifies that while information filed with the Secretary of State’s office by a charitable organization, professional fundraising consultant, or paid solicitor in connection with the person or organization’s registration is a public record, account numbers at banks or other financial institutions are not a public record;
  • Eliminates the fine amounts specified in the act for soliciting while unregistered, thereby allowing the secretary of state to set those fine amounts by rule;
  • Requires registered individuals and organizations to appoint a registered agent to receive notices, process, and other materials for the individual or organization; and
  • Modifies the fines that may be imposed for failing to timely file required documents with the secretary of state.

On March 4 the House gave final approval to the bill. The bill is assigned to the Senate State, Veterans, & Military Affairs Committee.