First Regular Session
Sixty-first General Assembly
LLS NO. 970598.01 EBD
HOUSE BILL 971306
STATE OF COLORADO
BY REPRESENTATIVES Veiga, Gotlieb, S. Johnson, Morrison, and Tate.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING MANDATORY DISCLOSURES FOR CHARITABLE SOLICITATIONS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
At the time a charitable solicitation is made by telephone, requires the person making the solicitation to disclose the following information: The percentage of annual contributions paid to all persons to solicit or collect contributions on behalf of the charitable organization; whether the person making the telephone solicitation is a volunteer or is paid for the services; and that the contribution is not tax deductible, if such disclosure is applicable.
Specifies that this act shall not abrogate or supersede
any state or federal law or regulation regarding charitable solicitations.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 16 of title 6, Colorado Revised Statutes, 1992 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
616105.3. Solicitations by telephone disclosures. (1) A PERSON WHO MAKES A SOLICITATION BY TELEPHONE ON BEHALF OF A CHARITABLE ORGANIZATION, OR AS AN AGENT OF A CHARITABLE ORGANIZATION, WHETHER SUCH PERSON IS PAID OR NOT PAID, SHALL MAKE THE FOLLOWING ORAL DISCLOSURES AS PART OF A TELEPHONE SOLICITATION:
(a) WHETHER THE PERSON SOLICITING THE CONTRIBUTION PURSUANT TO THE TELEPHONE SOLICITATION IS A VOLUNTEER OR IS PAID TO MAKE THE SOLICITATION; AND
(b) THAT THE CONTRIBUTION IS NOT TAX DEDUCTIBLE, IF SUCH DISCLOSURE IS APPLICABLE.
(2) UPON REQUEST BY A PERSON FROM WHOM A CONTRIBUTION IS SOUGHT, A PERSON WHO MAKES A SOLICITATION BY TELEPHONE SHALL DISCLOSE THE PERCENTAGE OF THE CONTRIBUTION THAT WILL BE PAID TO THE CHARITABLE ORGANIZATION AS THE RESULT OF SUCH PERSON'S CONTRIBUTION.
(3) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS RESTRICTING, SUPERSEDING, ABROGATING, OR CONTRAVENING ANY STATE OR FEDERAL LAW OR REGULATION REGARDING CHARITABLE SOLICITATIONS.
SECTION 2. Effective date applicability. This act shall take effect July 1, 1997, and shall apply to solicitations made on or after said date.
SECTION 3. 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.