HB16-1129

HB16-1129 - Charitable Fraud Enhanced Enforcement Measures

Passed/Signed into Law
Concerning Measures For Enhanced Enforcement Against Acts Of Charitable Fraud.

Section 1 of the bill creates enhanced penalties under the "Colorado Consumer Protection Act" for committing acts of charitable fraud involving knowledge or intent under the "Colorado Charitable Solicitations Act". The penalty for each violation is $10,000 with no cap for a related series of violations.

Sections 2 and 4 of the bill require:

  • A statement on applications for registration by a paid solicitor to the secretary of state that neither the paid solicitor nor any officer, director or employee serves on the board of directors of a charitable organization or directs the operations of a charitable organization for which the paid solicitor solicits contributions and that no officer, director, or employee of the paid solicitor's charitable organization clients have a financial interest in the paid solicitor;
  • Paid solicitors to either have a bond or a savings account, deposit, or certificate of deposit in a financial institution payable to the state of Colorado conditioned upon the performance of the paid solicitor in good faith without fraud or fraudulent representation and without the violation of any provision of the "Colorado Charitable Solicitations Act".

Section 3 of the bill makes it charitable fraud to misrepresent that a charitable organization for which a paid solicitor solicits has a significant membership of a certain type, such as active police, sheriff, patrol, firefighters, first responders, or veterans. Section 3 of the bill makes a charitable organization also liable with a paid solicitor if the charitable organization knew or should have known that the paid solicitor was engaged in charitable fraud on behalf of the charitable organization.

Latest update: June 8, 2016
06/08/2016 Governor Signed
05/20/2016 Sent to the Governor
05/20/2016 Signed by the Speaker of the House
05/17/2016 Signed by the President of the Senate
05/11/2016 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
05/10/2016 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
05/10/2016 First Conference Committee Result was to Adopt Rerevised w/ Amendments
05/03/2016 House Considered Senate Amendments - Result was to Not Concur - Request Conference Committee
05/03/2016 House Considered Senate Amendments - Result was to Laid Over Daily
05/02/2016 Senate Third Reading Passed with Amendments - Floor
04/29/2016 Senate Second Reading Passed with Amendments - Committee, Floor
04/28/2016 Senate Second Reading Special Order - Laid Over Daily - No Amendments
04/27/2016 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
04/19/2016 Senate Committee on Judiciary Refer Amended to Appropriations
03/28/2016 Introduced In Senate - Assigned to Judiciary
03/28/2016 House Third Reading Passed - No Amendments
03/24/2016 House Second Reading Passed with Amendments - Committee, Floor
03/21/2016 House Second Reading Laid Over Daily - No Amendments
03/18/2016 House Committee on Appropriations Refer Amended to House Committee of the Whole
02/18/2016 House Committee on Judiciary Refer Amended to Appropriations
01/20/2016 Introduced In House - Assigned to Judiciary