(1) The provisions of this article relating to commercial coventurers and charitable sales promotions shall apply only when a commercial coventurer reasonably expects that more than one-half of all proceeds of a solicitation campaign will be derived from transactions within the state of Colorado.
(2) A commercial coventurer shall disclose in each advertisement for a charitable sales promotion the dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization or purpose. If the actual dollar amount or percentage cannot reasonably be determined prior to the final date of the charitable sales promotion, the commercial coventurer shall disclose an estimated dollar amount or percentage. Any such estimate shall be reasonable and shall be based upon all of the relevant facts known to the commercial coventurer regarding the charitable sales promotion.
(3) A commercial entity which purchases at wholesale a product which is created, manufactured, or produced by a charitable organization for resale to the general public as part of the commercial entity's general stock of merchandise shall be exempt from the provisions of this article relating to commercial coventurers and charitable sales promotions.
Source: L. 88: Entire article added, p. 357, � 1, effective July 1.
6-16-110.5. Secretary of state - dissemination of information - cooperation with other agencies - rules. (1) The secretary of state shall take steps to:
(a) Publicize the requirements of this article and otherwise assist charitable organizations, professional fundraising consultants, and paid solicitors in complying with this article;
(b) Compile and publish, on an annual basis, the information provided by charitable organizations, professional fundraising consultants, and paid solicitors under this article to assist the public in making informed decisions about charitable solicitation and to assist charitable organizations in making informed decisions about contracting with paid solicitors;
(c) Participate in a national online charity information system as soon as a system is established, if the secretary determines that participation will further advance the purposes of this subsection (1) and subsection (2) of this section.
(2) The secretary of state may exchange with appropriate authorities of this state, any other state, and the United States information with respect to charitable organizations, professional fundraising consultants, commercial coventurers, and paid solicitors.
(3) The secretary of state may promulgate rules as needed for the effective implementation of this article 16, including:
(a) Providing for the extension of filing deadlines;
(b) Providing for the online availability of forms required to be filed pursuant to sections 6-16-104 to 6-16-104.6;
(c) Providing for the electronic filing of required forms, including the acceptance of electronic signatures;
(d) Mandating electronic filing and providing, in the secretary of state's discretion, for exceptions to mandatory electronic filing;
(e) Setting fines for noncompliance with this article or rules promulgated pursuant to this article; and
(f) Providing for the withdrawal of an active registration by a charitable organization, professional fundraising consultant, or paid solicitor.
Source: L. 2001: Entire section added, p. 1239, � 3, effective May 9, 2002. L. 2002: (3) amended, p. 949, � 2, effective June 1. L. 2005: (1)(c) added, p. 1288, � 5, effective June 3. L. 2008: (3) amended, p. 807, � 3, effective September 1. L. 2014: IP(3) and (3)(e) amended, (HB 14-1206), ch. 118, p. 421, � 5, effective August 6. L. 2017: IP(3) amended and (3)(f) added, (HB 17-1158), ch. 160, p. 594, � 4, effective October 1, 2018.