HB2133112th GA (Historical)Introduced

Amends TCA Title 48.

This bill requires certain disclosure with respect to the manner in which certain charitable organizations solicit funds and the manner and for what purpose those funds are expended. Under present law, every charitable organization that intends to solicit contributions from or within this state, or have funds solicited on its behalf must file a registration statement with the secretary of state. The initial registration statement must contain certain information, such as the name and principal address of the organization. This bill adds the following to the information required to be provided in the initial registration statement: (1) The name and mailing address of each professional fundraising counsel utilized by the charitable organization; (2) For charitable organizations that register for the first time, a statement of whether or not the charitable organization believes contributions for the first year of registration will exceed $10,000; (3) The approximate percentage of contributions solicited in a fiscal year to remain in this state; (4) For the initial registration of a newly formed charitable organization, a copy of a letter from the internal revenue service, or other evidence, showing that the organization is exempt from federal income taxation, or, for a charitable organization that has not applied for federal income tax exemption with the internal revenue service or is not required to apply for federal income tax exemption, evidence showing that the charitable organization is organized in a state or jurisdiction as a not-for-profit entity; (5) An identification of the period of time or periods during which solicitations are to be conducted, which may be specific periods, estimated or projected time frames, or continuous, and which may involve different periods for different types of solicitations by the same charitable organization; (6) An identification of the specific method or methods of solicitation utilized by the charitable organization and its agents; (7) Whether the solicitation is to be conducted by professional solicitors, employees, or volunteers of the charitable organization, or others; and (8) If the solicitation is to be conducted in whole or in part by professional solicitors, certain contact information and information regarding payment. This bill requires charitable organizations and professional solicitors that are required to be registered with the secretary of state to: (1) Disclose the following information at the time of solicitation about the charitable organization on whose behalf the solicitation is being made: (A) The legal name of the charitable organization; (B) Each trade name that the charitable organization uses; (C) Each name the organization may be identified or known as; and (D) Each distinctive name the organization uses for purposes of solicitation of contributions, as each name appears on file with the secretary of state; and (2) Upon request, disclose all of the following information at the time of solicitation: (A) The program or programs the funds solicited will be used to support; (B) The approximate percentage of contributions solicited in a fiscal year to remain in this state; and (C) The process to obtain for free a copy of the charitable organization's registration and financial information from the secretary of state. This bill also requires each written or printed solicitation to prominently include a notice that the organization's registration and financial information are available for free from the secretary of state. If the solicitation occurs on a website, the disclosure statement must be prominently displayed on a webpage that identifies a mailing address where contributions are to be sent, identifies a telephone number to call to process contributions, or provides for online processing of contributions. This bill requires each charitable organization that has solicited contributions during the organization's previous fiscal year to provide the following information: (A) The gross amount of the contributions, gifts, grants, and other similar amounts received by the charitable organization; (B) The total program service expenses of the charitable organization; (C) The total management and general expenses of the charitable organization; (D) The total fundraising expenses of the charitable organization; (E) The actual percentage of contributions solicited that remained in this state; and (F) The aggregate amount paid, or payable, to professional solicitors and professional fundraising counsel.

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Overview

This bill requires certain disclosure with respect to the manner in which certain charitable organizations solicit funds and the manner and for what purpose those funds are expended. Under present law, every charitable organization that intends to solicit contributions from or within this state, or have funds solicited on its behalf must file a registration statement with the secretary of state. The initial registration statement must contain certain information, such as the name and principal address of the organization. This bill adds the following to the information required to be provided in the initial registration statement: (1) The name and mailing address of each professional fundraising counsel utilized by the charitable organization; (2) For charitable organizations that register for the first time, a statement of whether or not the charitable organization believes contributions for the first year of registration will exceed $10,000; (3) The approximate percentage of contributions solicited in a fiscal year to remain in this state; (4) For the initial registration of a newly formed charitable organization, a copy of a letter from the internal revenue service, or other evidence, showing that the organization is exempt from federal income taxation, or, for a charitable organization that has not applied for federal income tax exemption with the internal revenue service or is not required to apply for federal income tax exemption, evidence showing that the charitable organization is organized in a state or jurisdiction as a not-for-profit entity; (5) An identification of the period of time or periods during which solicitations are to be conducted, which may be specific periods, estimated or projected time frames, or continuous, and which may involve different periods for different types of solicitations by the same charitable organization; (6) An identification of the specific method or methods of solicitation utilized by the charitable organization and its agents; (7) Whether the solicitation is to be conducted by professional solicitors, employees, or volunteers of the charitable organization, or others; and (8) If the solicitation is to be conducted in whole or in part by professional solicitors, certain contact information and information regarding payment. This bill requires charitable organizations and professional solicitors that are required to be registered with the secretary of state to: (1) Disclose the following information at the time of solicitation about the charitable organization on whose behalf the solicitation is being made: (A) The legal name of the charitable organization; (B) Each trade name that the charitable organization uses; (C) Each name the organization may be identified or known as; and (D) Each distinctive name the organization uses for purposes of solicitation of contributions, as each name appears on file with the secretary of state; and (2) Upon request, disclose all of the following information at the time of solicitation: (A) The program or programs the funds solicited will be used to support; (B) The approximate percentage of contributions solicited in a fiscal year to remain in this state; and (C) The process to obtain for free a copy of the charitable organization's registration and financial information from the secretary of state. This bill also requires each written or printed solicitation to prominently include a notice that the organization's registration and financial information are available for free from the secretary of state. If the solicitation occurs on a website, the disclosure statement must be prominently displayed on a webpage that identifies a mailing address where contributions are to be sent, identifies a telephone number to call to process contributions, or provides for online processing of contributions. This bill requires each charitable organization that has solicited contributions during the organization's previous fiscal year to provide the following information: (A) The gross amount of the contributions, gifts, grants, and other similar amounts received by the charitable organization; (B) The total program service expenses of the charitable organization; (C) The total management and general expenses of the charitable organization; (D) The total fundraising expenses of the charitable organization; (E) The actual percentage of contributions solicited that remained in this state; and (F) The aggregate amount paid, or payable, to professional solicitors and professional fundraising counsel.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 31, 2022

Subjects
071505934295

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HB2133: Amends TCA Title 48. | LegisGo