As used in this article, unless the context otherwise
requires:
(1) Charitable organization means any person who is or holds himself out to
be established for any benevolent, educational, philanthropic, humane, scientific,
patriotic, social welfare or advocacy, public health, environmental conservation,
civic, or other eleemosynary purpose, any person who operates for the benefit of
the objectives of law enforcement officers, firefighters, other persons who protect
the public safety, or veterans, or any person who in any manner employs a
charitable appeal or an appeal which suggests that there is a charitable purpose as
the basis for any solicitation. Charitable organization does not include the
department of revenue collecting voluntary contributions for organ and tissue
donations under the provisions of sections 42-2-107 (4)(b)(V) and 42-2-118 (1)(a)(II),
C.R.S.
(2) Charitable purpose means any benevolent, educational, philanthropic,
humane, scientific, patriotic, social welfare or advocacy, public health,
environmental conservation, civic, or other eleemosynary purpose, any objective of
law enforcement officers, firefighters, other persons who protect the public safety,
or veterans, or any objective of sponsoring the free or subsidized attendance of
persons at any event.
(3) Charitable sales promotion means an advertising or sales campaign
which is conducted by a commercial coventurer and which represents that the
purchase or use of goods or services offered by the commercial coventurer will
benefit, in whole or in part, a charitable organization or purpose.
(4) Commercial coventurer means a person who, for profit, is regularly and
primarily engaged in trade or commerce other than in connection with soliciting for
charitable organizations or purposes and who conducts a charitable sales
promotion.
(5) Contribution means the grant, promise, or pledge of money, credit,
property, financial assistance, or any other thing of value in response to a
solicitation. Contribution does not include voluntary contributions for organ and
tissue donations under the provisions of sections 42-2-107 (4)(b)(V) and 42-2-118
(1)(a)(II), C.R.S., and bona fide fees, dues, or assessments paid by members of a
charitable organization if membership is not conferred primarily as consideration
for making a contribution in response to a solicitation.
(6) Repealed.
(7) Paid solicitor means a person who, for monetary compensation,
performs any service in which contributions will be solicited in this state by such
compensated person or by any compensated person he or she employs, procures, or
engages to solicit for contributions. The following persons are not paid solicitors:
(a) A person whose sole responsibility is to print or mail fund-raising
literature;
(b) A lawyer, investment counselor, or banker who renders professional
services to a charitable organization or advises a person to make a charitable
contribution during the course of rendering such professional services or advice to
the charitable organization or person;
(c) A bona fide volunteer;
(d) A director, officer, or compensated employee who is directly employed by
a charitable organization which, at the time of the solicitation, had received a
determination letter from the internal revenue service granting the organization
tax-exempt status pursuant to 26 U.S.C. sec. 501 (c)(3), (c)(4), (c)(8), (c)(10), or
(c)(19). For purposes of this paragraph (d), such a determination letter shall not have
retroactive effect.
(e) Any employee of the department of revenue collecting voluntary
contributions for organ and tissue donations under sections 42-2-107 (4)(b)(V) and
42-2-118 (1)(a)(II), C.R.S.;
(f) A person whose only responsibility in connection with a charitable
contribution is to provide a merchant account to process credit card payments
using the internet;
(g) A person who prepares a grant application for a charitable organization
or purpose, unless the person's compensation is computed on the basis of funds to
be raised or actually raised as a result of the grant application; or
(h) A person who provides any service or product to a charitable organization
who does not directly solicit for a charitable contribution.
(8) Person means an individual, a corporation, an association, a partnership,
a trust, a foundation, or any other entity however organized or any group of
individuals associated in fact but not a legal entity.
(9) Repealed.
(9.3) Professional fundraising consultant means any person, other than a
bona fide officer or regular employee of a charitable organization, who is retained
by a charitable organization for a fixed fee or rate under a written agreement to
plan, manage, advise, consult, or prepare material for or with respect to the
solicitation in this state of contributions for a charitable organization but who does
not solicit contributions or employ, procure, or engage any compensated person to
solicit contributions. No lawyer, investment counselor, or banker who renders
professional services to a charitable organization or advises a person to make a
charitable contribution during the course of rendering professional services to the
person shall be deemed, as a result of such professional services or advice, to be a
professional fundraising consultant.
(9.5) Records means books, financial statements, papers, correspondence,
memoranda, agreements, or other documents or records that the secretary of state
deems relevant or material to an inquiry.
(10) Solicit or solicitation means to request, or the request for, directly or
indirectly, money, credit, property, financial assistance, or any other thing of value
on the plea or representation that such money, credit, property, financial
assistance, or other thing of value, or any portion thereof, will be used for a
charitable purpose or will benefit a charitable organization. The term solicit or
solicitation shall include, but need not be limited to, the following methods of
requesting or securing such money, credit, property, financial assistance, or other
thing of value:
(a) Any oral or written request; or
(b) Any sale or attempted sale of or any offer to sell any advertisement,
advertising space, book, card, tag, coupon, device, magazine, membership,
merchandise, subscription, flower, ticket, candy, cookies, or other tangible item in
which any appeal is made for any charitable organization or purpose, or for which
the name of any charitable organization is used or referred to in any such appeal as
an inducement or reason for making any such sale, or for which any statement is
made that the proceeds or any portion thereof from such sale will be used for any
charitable purpose or will benefit any charitable organization. A solicitation shall
be deemed to have taken place whether or not the person making the solicitation
receives any contribution.
(11) Solicitation campaign means a series of solicitations which are made
by the same person and which are similar in content or are based on a similar pitch
or sales approach, which series leads up to or is represented to lead up to an event
or lasts or is intended to last for a definite period of time. If the series of
solicitations lasts or is intended to last for an indefinite period of time or for more
than one year, a solicitation campaign means all similar solicitations made by the
same person occurring within a particular calendar year.
(11.5) Suspend means that a charitable organization, professional fund-raising consultant, or paid solicitor is prohibited from soliciting contributions,
providing consulting services in connection with a solicitation campaign, or
conducting a solicitation campaign in Colorado.
(12) Volunteer means a person who renders services to a charitable
organization or for a charitable purpose and who neither receives nor is expressly or
impliedly promised financial remuneration for said services.