NOTE: The governor signed this measure on 3/22/2012.
      
      
      HOUSE BILL 12-1117
      
      
      BY REPRESENTATIVE(S) Balmer, Casso, Fields, Fischer, Hamner,
      Jones, Kagan, Kerr A., Kerr J., Labuda, Miklosi, Pabon, Pace, Peniston,
      Priola, Ryden, Schafer S., Singer, Soper, Todd, Vigil, Wilson, Young;
      also SENATOR(S) Nicholson, Aguilar.
      
      
      Concerning the ability of a local government to permit, in its
           discretion, the collection of charitable solicitations from
           motorists on a certain number of days per calendar year.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add article 6.5 to title
      29 as follows:
      
                           ARTICLE 6.5
             Charitable Solicitations from Motorists
      
           29-6.5-101.  Legislative declaration. (1)  The general assembly
      hereby finds, determines, and declares that:
      
           (a)  For over fifty years, firefighters across Colorado have
      engaged in charitable fundraising events to:
      
           (I)  Support medical research of debilitating diseases such
      as muscular dystrophy;
      
           (II)  Provide comprehensive health care and support services,
      advocacy, and education on behalf of children and adults with
      neuromuscular diseases; and
      
           (III)  Conduct summer camps for children with muscular
      dystrophy;
      
           (b)  The most successful fundraising event that firefighters
      have employed is the signature "fill the boot" campaign, which
      consists of firefighters asking motorists passing fire stations to
      contribute to the causes specified in paragraph (a) of this
      subsection (1) by putting money into firefighter boots or
      facsimiles of firefighter boots; and
      
           (c)  Other nonprofit and charitable organizations would
      benefit from the ability to solicit and accept donations in a
      similar manner.
      
           (2)  Therefore, it is the intent of the general assembly in
      enacting this article to clarify that local governments may, in
      their discretion, allow law enforcement personnel and
      firefighters, other local public safety personnel, and nonprofit
      or charitable organizations to conduct fundraising activities.
      
           29-6.5-102.  Definitions. As used in this article, unless the
      context otherwise requires:
      
           (1)  "Charitable organization" has the same meaning as set
      forth in section 6-16-103 (1), C.R.S.
      
           (2)  "Charitable purpose" has the same meaning as set forth
      in section 6-16-103 (2), C.R.S.
      
           (3)  "Local government" means any county, town, city, city
      and county, municipality, or other local entity having the
      authority to enact local ordinances.
      
           29-6.5-103.  Local government authorization for solicitation of
      charitable donations. (1)  A local government may permit, in its
      discretion, a charitable organization to engage in a solicitation
      for a charitable purpose, which solicitation involves persons
      standing in or adjacent to a public roadway and soliciting
      donations from motorists, if:
      
           (a)  The persons solicit in an area that is entirely within the
      jurisdiction of the local government; and
      
           (b)  The number of days for which a local government
      grants permission for such solicitations does not exceed five days
      in any calendar year per charitable organization.
      
           SECTION 2.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO