Summary of 2012 Rulemaking
On November 9, 2012, the Secretary of State
permanently adopted rule amendments to ensure the uniform and proper
administration, implementation, and enforcement of Colorado Charitable
Solicitations laws. The revisions are also intended to improve the
administration of charities and fundraisers in Colorado and to answer questions
arising under law as follows:
- Clarify and establish definitions.
- Amendments to require a federal Employer Identification Number (EIN) for each user account. Additionally, the amendments clarify that user email addresses are not public records.
- Amendments to provide a timeline for suspended and revoked organizations to submit hearing requests, and allow the Secretary of State more time to prepare for suspension hearings.
- Amendments to allow the Secretary of State flexibility in delivery method of confirmations. Additionally, the amendments clarify the purpose and content of web-based registration certificates. They also clarify that the Secretary may request a copy of the charity’s IRS Form 990. The Secretary of State may also request that the organization file an amended IRS Form 990, or otherwise correct inconsistencies between or within the state registration statement and the IRS Form 990.
- Amendments to implement changes made by section 2 of House Bill 12 1236. Specifically, in accordance with revisions to section 6-16-104, C.R.S., if a charity files for an extension with the IRS, the Secretary will automatically grant the charity a three-month extension for filing its initial or annual financial report with the Secretary of State. The amendments specify when an extension may be filed and when a solicitation notice may be amended.
- Current Rule 6, which lays out the schedule for reminders and notices, is repealed. The Secretary of State will continue to send reminders and notices to customers, but the schedule will be posted on the department’s website rather than being enumerated in rules.
- Amendments to make changes to late fee amounts and state when the Secretary of State will send uncollected late fees to State Collections. The amendments require two years of returns for operational, unregistered charities that wish to register, and provides more flexibility for the Secretary to approve waiver requests by making stipulations for administrator or website errors.
- Amendments to clarify the consequences of suspension and revocation of a registration and make minor clarifications to how the suspension and revocation will work.
- Amendments to codify internal administrative procedures regarding withdrawals.
- Amendments to clarify the reinstatement process and what information a charity must provide to be reinstated.
- Amendments to clarify that paid solicitor disclosure requirements also apply to subcontractors.
- Other changes to rules not specifically listed are entirely non-substantive. Some words and phrases are changed to simplify or clarify, but the meaning is not intended to be altered unless as described above. Cross-references in rules are also corrected or updated. Re-numbering the rules is necessary for consistency with Department rulemaking format/style.
Secretary of State rules concerning the Colorado Charitable Solicitations Act
Notice of Adoption, including the complete statement of basis and purpose and adopted rules (PDF)
Information about the October 25, 2012 rulemaking hearing
If you would like to receive notices or other
alerts concerning rulemaking, send an email with the subject line "Charitable
Solicitations Rules Notification List" to SoS.Rulemaking@sos.state.co.us. Please provide your name, title, organization, and email address.