3. Legislative Update

House Bill 12-1236

During the 2012 session, the 68th General Assembly, the state adopted House Bill 12‑1236, concerning the regulation of charitable solicitations.

Changes Effective January 1, 2013:

A grant writer is excluded from the definition of “paid solicitor,” unless the grant writer’s compensation is computed on the basis of funds raised from the grant.
A fundraiser does not have to register with the Secretary of State if fundraising on behalf of a specific individual named in the solicitation and when the proceeds of the solicitation are given to or expended for the direct benefit of the specified individual.
If a charity has filed for an extension with the Internal Revenue Service, the charity does not need to request a three-month extension for the filing of its initial or annual financial report with the Secretary of State.
A charitable organization is only required to deposit monetary contributions into a financial institution within two days of receipt. This clarifies that noncash contributions are not subject to the two-day deposit requirement.
In the opening greeting, a paid solicitor must now state their full and complete name.
Near the beginning of a telephone solicitation, a paid solicitor must disclose that a contribution is not tax-deductible, if that is the case, before soliciting the donation.