§ 6-16-101. Short Title
This article shall be known and may be cited as the “Colorado Charitable Solicitations Act”. Source: L. 88: Entire article added, p. 350, § 1, effective July 1.
§ 6-16-102. Legislative Declaration
The general assembly hereby finds that fraudulent charitable solicitations are a widespread practice in this state that results in millions of dollars of losses to contributors and legitimate charities each year. Legitimate charities are harmed by such fraud because the money available for contributions continually is being siphoned off by fraudulent charities, and the goodwill […]
§ 6-16-103. Definitions
As used in this article, unless the context otherwise requires: “Charitable organization” means any person who is or holds himself out to be established for any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary purpose, any person who operates for the benefit of the objectives […]
§ 6-16-104. Charitable Organizations – Initial Registration – Annual Filing – Fees
Every charitable organization, except those exempted under subsection (6) of this section, that intends to solicit contributions in this state by any means or to have contributions solicited in this state on its behalf by any other person or entity or that participates in a charitable sales promotion shall, prior to engaging in any of […]
§ 6-16-104.3. Professional Fundraising Consultants – Annual Registration – Fees
No person shall act as a professional fundraising consultant without first complying with the requirements of this section. Every contract between a professional fundraising consultant and a charitable organization or sponsor shall be in writing and signed by an authorized official of the charitable organization. The professional fundraising consultant shall provide a copy of the […]
§ 6-16-104.6. Paid Solicitors – Annual Registration – Filing of Contracts – Fees
No person shall act as a paid solicitor without first complying with the requirements of this section. Every paid solicitor shall register in accordance with subsection (3) of this section before soliciting contributions in this state. Every contract between a paid solicitor and a charitable organization or sponsor for each solicitation campaign shall be in […]
§ 6-16-105. Written Confirmation of Contribution – Disclosures
A paid solicitor who makes an oral solicitation by telephone, door-to-door, or otherwise must furnish to each contributor, prior to collecting or attempting to collect any contribution, a written confirmation of the expected contribution, which confirmation shall contain the following information clearly and conspicuously: The full legal name, address, telephone number, and registration number of […]
§ 6-16-105.3. Solicitations by Telephone
In addition to any other disclosure required for solicitations by telephone under section 6-16-105 , a paid solicitor who makes an oral solicitation to any person by a telephone call received in Colorado regarding a charitable contribution shall make the following oral disclosures as part of the telephone solicitation: A statement that the person soliciting […]
§ 6-16-105.5. Solicitations by Container – Disclosures
No person or charitable organization, or agent of a person or charitable organization, whether paid or not paid, shall place any container offering a product for sale or distribution in a public place for solicitation purposes unless the container is affixed with a disclosure label conspicuously displaying the information set forth in subsection (2) of […]
§ 6-16-106. Contributor’s Right to Cancel
In addition to any right otherwise provided by law with respect to the binding nature of an agreement or pledge to make a charitable contribution, a contributor shall have the right to cancel his agreement or pledge to contribute as follows: With respect to a solicitation in which the paid solicitor knowingly fails to comply […]
§ 6-16-107. Donated Tickets – Sponsored Attendance
No person, in the course of or in aid of a solicitation, shall represent that a contribution will purchase a ticket or tickets to be donated for use by another, sponsor the attendance of another at an event, or sponsor the receipt of a benefit by another while knowing that the donated tickets or sponsorships […]
§ 6-16-109. Records – Accounts
During each solicitation campaign, a paid solicitor shall create and maintain, for not less than two years after the completion of such campaign, the following records: Copies of all written confirmations or any standardized written confirmations provided pursuant to section 6-16-105; The name and residence address of each employee, agent, or other person involved in […]
§ 6-16-110. Charitable Sales Promotions
The provisions of this article relating to commercial coventurers and charitable sales promotions shall apply only when a commercial coventurer reasonably expects that more than one-half of all proceeds of a solicitation campaign will be derived from transactions within the state of Colorado. A commercial coventurer shall disclose in each advertisement for a charitable sales […]
§ 6-16-110.5. Secretary of State – Dissemination of Information – Cooperation With Other Agencies – Rules
The secretary of state shall take steps to: Publicize the requirements of this article and otherwise assist charitable organizations, professional fundraising consultants, and paid solicitors in complying with this article; Compile and publish, on an annual basis, the information provided by charitable organizations, professional fundraising consultants, and paid solicitors under this article to assist the […]
§ 6-16-111. Violations – Rules
A person commits charitable fraud if he or she: Knowingly solicits any contribution and in the course of such solicitation knowingly performs any act or omission in violation of any of the provisions of sections 6-16-104 to 6-16-107 and 6-16-110; Knowingly solicits any contribution and, in aid of or in the course of such solicitation, […]
§ 6-16-111.5. Investigations
Whenever the secretary of state or the secretary of state’s designee believes that a violation of this article has occurred, the secretary of state or the secretary of state’s designee may investigate any such violation. Upon demand, records shall be made available and produced to the secretary of state for inspection. Such records shall not […]
§ 6-16-112. Address of Record – Service of Process
Any person required under this article 16 to register with the secretary of state shall, in his or her initial registration or application and in every renewal, provide an address of record. Unless the registrant designates an alternative address, the address of record is the registrant’s principal place of business. Any notice, order, or document […]
§ 6-16-113. Severability
If any provision of this article is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this article shall be valid, unless it appears to the court that the valid provisions of this article are so essentially and inseparably connected with, and so dependent upon, the void provision that it […]
§ 6-16-114. Fines – Required Notification – Rules
Any charitable organization, professional fundraising consultant, or paid solicitor who, after sufficient notification by the secretary of state, fails to properly register, renew a registration, file a financial report required by section 6-16-104 (2)(f), (4)(b), or (5), or file a financial report of a solicitation campaign under this article 16 by the end of the […]