NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 09-1052
      
      
      BY REPRESENTATIVE(S) Waller, Court, Labuda, Priola, Ryden,
      Scanlan, Soper, Todd, Balmer, Carroll T., Frangas, Hullinghorst, Looper,
      Stephens;
      also SENATOR(S) Heath, Boyd, Foster, Newell.
      
      
      Concerning limitations on the solicitation of donated items that
           will be sold for profit.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  6-16-105.5 (1) and the introductory portion to
      6-16-105.5 (2), Colorado Revised Statutes, are amended to read:
      
           6-16-105.5.  Solicitations by container - disclosures.  (1) (a)  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 this section in a
      typed or printed clearly legible form.
      
           (b) (I)  A person other than an organization that has
      received a determination that it is exempt under section 501 (c) (3)
      of the federal "Internal Revenue Code of 1986", as amended, who
      places a container in a public place for solicitation purposes and
      who does not direct all of the items placed in the container to a
      charitable purpose or, if the items are sold, does not direct all
      proceeds of such sale to a charitable purpose, shall affix to the
      container a disclosure label that clearly and conspicuously
      displays the following legend:
      
              DONATED ITEMS WILL BE SOLD FOR PROFIT
           The value of items placed in this container is NOT
           tax-deductible.
      
           (II)  This paragraph (b) shall not apply to containers used
      exclusively for the collection of used paper, cardboard, motor
      oil, bottles, cans, or other containers or materials for recycling
      or waste diversion purposes.
      
           (2)  The disclosure label required pursuant to paragraph (a) of
      subsection (1) of this section shall state the following:
      
           SECTION 2.  Act subject to petition - effective date.  This act
      shall take effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly that is
      allowed for submitting a referendum petition pursuant to article V, section
      1 (3) of the state constitution, (August 4, 2009, if adjournment sine die is on
      May 6, 2009); except that, if a referendum petition is filed against this act
      or an item, section, or part of this act within such period, then the act, item,
      section, or part, if approved by the people, shall take effect on the date of
      the official declaration of the vote thereon by proclamation of the governor.
      
      
      
      
      ________________________________________________________
      Terrance D. Carroll                    Peter C. Groff
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO