HB 17-1158 Charitable Solicitations Regulation

Rep. Hugh McKean (R-Loveland) and Senators Beth Martinez-Humenik (R-Thornton) and Jim Smallwood (R-Centennial) sponsored HB 17-1158, which was signed by the Governor on April 28,2017. A similar bill, HB 16-1318, passed the House in 2016 but did not pass the Senate.

HB 17-1158 would clarify the charitable solicitations registration process and strengthen the ability of the Secretary of State’s office to ensure compliance with the law as follows:

• If a charity withdraws its registration or allows its registration to expire, it must file a financial report that year to cover the period through the date its registration is withdrawn or expires.
• Requires an organization to report changes that materially affect its business identity no more than 30 days after the change.
• Allows a party to request an administrative hearing within 30 days of issuance of a suspension notice rather than 5 days after receiving the notice.
• Requires a nonprofit to maintain an address of record rather than a registered agent.
• Requires that the two notices be sent to the address of record and by email before a charity is subject to fines.