---------------------------------------------------------------- ¦ REFERENCE TITLE: charitable organizations; filings; exemptions ¦ ---------------------------------------------------------------- ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ Senate ¦ ¦ Forty-fifth Legislature ¦ ¦ First Regular Session ¦ ¦ 2001 ¦ ---------------------------------------------------------------- ¦ SB 1252 ¦ ---------------------------------------------------------------- ¦ Introduced by ¦ ¦ Senator Smith ¦ ----------------------------------------------------------------
AN ACT
AMENDING SECTION 44-6552, ARIZONA REVISED STATUTES; REPEALING SECTION 44-6553, ARIZONA REVISED STATUTES; AMENDING TITLE 44, CHAPTER 19, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING A NEW SECTION 44-6553; RELATING TO SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 44-6552, Arizona Revised Statutes, is amended to read:
44-6552. Registration of charitable organizations
A. No later than three days after a charitable organization solicits its first
contribution BEFORE SOLICITING ITS FIRST CONTRIBUTION, whether through a
contracted fund raiser or otherwise and each January SEPTEMBER thereafter,
the A charitable organization shall file A STATEMENT with the secretary
of state IN A FORMAT PRESCRIBED AND ADOPTED BY THE SECRETARY OF STATE BY RULE. A
written statement containing the following information:
1. The names, telephone numbers and business street addresses of the charitable
organization and its officers and directors, including a designation of the office held
by each officer and director.
2. The name, telephone number and business street address of any contracted
fund raiser engaged for remuneration to make solicitations on behalf of the charitable
organization. If the contracted fund raiser is located outside of this state, the
statement shall provide the name, telephone number and business street address of a local
contact person.
3. A general description of the methods, locations, types and amounts of
solicitations that the charitable organization, or any of its contracted fund raisers,
will use to solicit charitable contributions.
4. The duration of the solicitation period of the charitable organization and
any of its contracted fund raisers.
5. Either of the following:
(a) A current internal revenue service form 990.
(b) The total dollar amount of all charitable contributions received and a
detailed statement, on a form prescribed by the secretary of state, of all expenditures
relating to solicitations for charitable contributions by the charitable organization
during the preceding calendar year or, if the statement is the charitable organization's
initial statement and it is filed after June 30, the total of all charitable
contributions it received and expenditures it made during that year to date.
6. A description of a conviction or plea of no contest to a felony or
misdemeanor involving fraud, dishonesty, false statement or the receipt or the
expectation of the receipt of anything of pecuniary value or a violation of chapter 9,
article 6 of this title of any contracted fund raiser for the charitable organization
pursuant to paragraph 2 including the date, place and nature of the offense.
7. A specific description of the purpose of the charitable organization.
B. The president and treasurer or equivalent officers of the charitable
organization shall sign and swear to the written statements filed pursuant to this
section.
C. The charitable organization shall report in writing to the secretary of
state any material change in any information filed with the secretary of state pursuant
to this section within sixty days of the change.
D. B. PURSUANT TO RULES ADOPTED BY THE SECRETARY OF STATE, the
secretary of state shall file and preserve all information required to be filed with the
secretary of state pursuant to this section for five years from the date of filing,
after which the information may be destroyed. This information is public information
and is open to public inspection.
C. THE SECRETARY OF STATE MAY DELIVER A NOTICE OF FAILURE TO FILE A REGISTRATION PURSUANT TO THIS SECTION BY CERTIFIED MAIL TO ANY CHARITABLE ORGANIZATION THAT IS REQUIRED TO FILE AND THAT FAILS TO COMPLY WITH THE REGISTRATION REQUIREMENTS OF THIS SECTION. THE CHARITABLE ORGANIZATION SHALL COMPLY WITH THE REGISTRATION REQUIREMENTS OF THIS SECTION WITHIN THIRTY DAYS AFTER RECEIVING THE NOTICE FROM THE SECRETARY OF STATE AND SHALL PAY A LATE REGISTRATION PENALTY OF TWENTY-FIVE DOLLARS. IF THE CHARITABLE ORGANIZATION DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION, THE CHARITABLE ORGANIZATION IS GUILTY OF A CLASS 1 MISDEMEANOR.
Sec. 2. Repeal
Section 44-6553, Arizona Revised Statutes, is repealed.
Sec. 3. Title 44, chapter 19, article 1, Arizona Revised Statutes, is amended by adding a new section 44-6553, to read:
44-6553. Exemptions
POLITICAL PARTIES, CANDIDATES FOR OFFICE AND CAMPAIGN COMMITTEES REQUIRED TO FILE FINANCIAL INFORMATION WITH THE SECRETARY OF STATE ARE EXEMPT FROM THE REGISTRATION REQUIREMENTS WITH THE SECRETARY OF STATE PRESCRIBED IN SECTION 44-6552.