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 Transmitted to the Governor |
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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].
·
Requires the
previous fiscal year return to be used when an organization files with the
Secretary.
·
Authorizes the
Secretary to deny organization applicant if the name is misleading or
deceptively similar to any existing, licensed, or registered name.
·
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 having solicitation responsibilities or any other
person holding proprietary or beneficial interest in the organization has been
convicted of a felony related to solicitation, unless civil rights have been
restored; 3) court order or judgement that the organization has engaged 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.
·
Requires the
Secretary to notify and explain a denial within 10 days of receiving an
application.
·
Requires
independent solicitors when soliciting to relay 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.
·
Prescribes a Class
1 misdemeanor [6 months/$2,500] to an independent solicitor who fails to comply
with the specified laws.
·
Clarifies penalties
for an organization that fails to file a registration statement with the
Secretary.
·
Contains technical
and conforming changes.
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DOCUMENT FOOTER ---------
45th Legislature
Second Regular Session 3 May
15, 2002
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DOCUMENT FOOTER ---------