HB 17-1158

HB 17-1158, also known as the Charitable Solicitations Regulation bill, requires charitable organizations that solicit donations in Colorado to renew their registration annually with the secretary of state. If an organization fails to renew its registration or update its information within 30 days of any changes, it can no longer continue soliciting funds. The bill also extends the time for requesting a hearing if the secretary of state denies, suspends, or revokes a registration from 5 to 30 days and imposes fines on organizations that fail to file their financial reports accurately. This bill was signed into law and went into effect on October 1, 2018, impacting how charitable organizations operate in Colorado.

Official 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 donations in Colorado, and an organization may not continue to solicit if it fails to renew its registration. The bill also requires an organization to update information in its registration within 30 days after any change. Sections 1 to 3 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, Inc. Section 4 authorizes the secretary of state to promulgate rules providing for the withdrawal of an active registration by a charitable organization, professional fundraising consultant, or paid solicitor. Section 5 changes the time limit for a request for a hearing on the denial, suspension, or revocation of a registration from 5 days after receipt of notice of the action by the secretary of state to 30 days after the date of the notice. Section 6 deletes the requirement that an organization designate a registered agent for service of process and notices and substitutes a requirement that the organization provide an address of record. If no alternative address is provided, the address of the organization's principal place of business is its address of record. Section 7 specifies that if an organization fails to file its actual financial report to replace estimated financial reports, the organization is subject to statutory fines. Notice of the failure to file is deemed received if mailed twice to the organization's address of record and, if the organization has given the secretary of state an email address, sent twice to that email address. Section 7 also limits the penalties that can be assessed against a charitable organization that fails to both renew its registration and timely file a financial report in the same year. Section 8 makes the bill effective October 1, 2018.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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