h_jud_2016a_2016-02-18t13:33:20z1 Hearing Summary

Date: 02/18/2016

02:21 PM -- HB16-1129



Representatives Lawrence and McCann, prime sponsors, presented House Bill 16-1129, concerning measures for enhanced enforcement against acts of charitable fraud. Representative Lawrence explained the effect of the bill and discussed its need, and Representative McCann provided a further explanation as to why the bill is needed. The following persons testified regarding HB 16-1129:



02:30 PM -- Ms. Alissa Gardenswartz, representing the Attorney General's Office, testified in support of the bill. Committee members received a fact sheet supporting the bill (Attachment C). Ms. Gardenswartz explained that the bill will help her office to further eradicate charitable fraud, and provided background on laws that prohibit charitable fraud. She then explained the effect of HB 16-1129. Ms. Gardenswartz responded to questions regarding a charitable fraud case she outlined. Ms. Gardenswartz continued to provide an overview of the effect of the bill.



16HouseJud0218AttachC.pdf



02:40 PM



Ms. Gardenswartz responded to questions regarding the penalty provisions in the bill, and the amount of money involved in charitable fraud. Ms. Gardenswartz responded to further questions regarding how fraudulent charities would be pursued under the bill, and the remittance of civil penalties.





02:53 PM



Ms. Gardenswartz responded to questions regarding the charity industry.



02:56 PM -- Mr. Ben Waters, representing Mile High United Way, testified in support of the bill. Mr. Waters responded to questions regarding a potentially chilling effect that the bill may have on legitimate charities.



02:58 PM -- Mr. Mark Turner, representing the Colorado Nonprofit Association, testified in support of HB 16-1129. Mr. Turner addressed the question about the potential chilling effect of the bill on small, legitimate charities.



03:02 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman discussed fraudulent fund raising in the name of law enforcement agencies.





03:03 PM



Representative Lawrence explained the effect of amendment L.001 (Attachment D). Ms. Gardenswartz returned to address questions about amendment L.001.



16HouseJud0218AttachD.pdf

03:12 PM



Representative Lawrence explained the effect of amendment L.002 (Attachment E). Discussion ensued regarding the effect of the amendment.



16HouseJud0218AttachE.pdf

03:14 PM



Representative Lawrence explained the effect of amendment L.003 (Attachment F). Ms. Gardenswartz responded to questions regarding a statutory cite in the amendment.



16HouseJud0218AttachF.pdf

03:16 PM



Representative Lawrence provided closing remarks in support of HB 16-1129. Various committee members provided their positions on the bill.