charitable solicitors;
disclosure and responsibility
DPA S/E |
Committee on Human Services |
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W/D |
Committee on Commerce & Economic Development |
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DPA |
Caucus and COW |
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DPA |
Third Read |
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X |
As Passed the House |
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·
Defines an independent solicitor as a person who
for profit engages to solicit on behalf of a charitable organization
[organization] or on behalf of a contracted fund raiser [fund raiser].
·
Stipulates that an
organization exempt from federal income taxes at the time of initial
registration shall submit a copy of the IRS’s written determination of the
exemption to the Secretary of State [Secretary].
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Requires the
previous fiscal year return to be used when an organization files with the
Secretary.
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Authorizes the
Secretary to deny organization applicant if the name is misleading or
deceptively similar to any existing, licensed, or registered name.
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Allows the
Secretary to deny an application or revoke a registration of an organization or
fund raiser for any of the following reasons:
1) material in the application is
misstated or omitted; 2) an employee,
member, officer, or director holding proprietary or beneficial interest in the
organization is a convicted felon, unless civil rights have been restored; 3)
engagement in deceptive, fraudulent or unlawful business practices related to
solicitation; 4) violating provisions relating to the solicitation of funds for
charitable purposes; or 5) bouncing a
check to the Secretary.
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Requires the
Secretary to notify and explain a denial within 10 days of receiving an
application.
·
Requires
independent solicitors when soliciting to do the following: 1) identify
themselves as for-profit solicitors who are seeking contributions on behalf of
an organization or fund raiser; 2)
state the legal name of the organization or fund raiser; 3) reveal the legal name of the independent
solicitor; and 4) state that the
purpose for soliciting is to raise charitable funds.
·
Requires the
Attorney General to investigate unlawful solicitation acts.
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Prescribes a Class
1 misdemeanor [6 months/$2,500] to an independent solicitor who fails to comply
with the specified laws.
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Contains technical
and conforming changes.