HB1370113th GA (Historical)Introduced

Amends TCA Title 47, Chapter 18; Title 48, Chapter 101 and Title 58.

Under present law, every charitable organization that intends to solicit contributions from or within this state, or have funds solicited on its behalf, must, prior to any solicitation, file a registration statement with the secretary of state, upon forms prescribed by the secretary of state. The secretary of state may prescribe and furnish forms and filing methods for all filings required. A registration statement that contains false, misleading, deceptive, or incomplete information or documentation is not considered sufficient, except as specifically otherwise. Every charitable organization required to register, having completed a fiscal year of operation, must file with the secretary of state a financial report for its most recently completed fiscal year. <br /> <br /> Present law provides that a person who willfully and knowingly violates the provisions above, or who willfully and knowingly gives false or incorrect information to the secretary of state in filing statements or reports, whether such report or statement is verified or not, commits a Class B misdemeanor for the first offense, and for the second and a subsequent offense commits a Class E felony. <br /> <br /> CONTRIBUTIONS RELATED TO A DISASTER<br /> <br /> This bill requires that a charitable organization, other than a bona fide religious institution, that solicits and receives contributions for a charitable purpose related to a disaster in this state, must ensure that the contributions received are expended or distributed in a manner that is consistent with that charitable purpose within 24 months of the date the disaster is first declared by a county, the governor, or the president of the United States. A person who willingly and knowingly violates this provision is subject to the penalties described above.<br /> <br /> SUPRPLUS DISASTER RELIEF CONTRIBUTIONS FUND<br /> <br /> This bill establishes a special agency account in the state general fund to be known as the "surplus disaster relief contributions fund." This fund is to be administered by the director of TEMA and moneys in the fund must be invested by the state treasurer in accordance with law. A charitable organization must surrender to the fund any contributions that have not been expended or distributed within 24 months after the date the disaster for which they were for is first declared. Any fund balance remaining unexpended at the end of a fiscal year in the fund must be carried forward into the subsequent fiscal year. Interest accruing on investments and deposits of the fund must also be carried forward into the subsequent fiscal year. No part of the fund can be diverted to the general fund or another other public fund. Moneys in the fund are only to be expended and obligated for the purpose of disaster relief activities in this state. <br />

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Overview

Under present law, every charitable organization that intends to solicit contributions from or within this state, or have funds solicited on its behalf, must, prior to any solicitation, file a registration statement with the secretary of state, upon forms prescribed by the secretary of state. The secretary of state may prescribe and furnish forms and filing methods for all filings required. A registration statement that contains false, misleading, deceptive, or incomplete information or documentation is not considered sufficient, except as specifically otherwise. Every charitable organization required to register, having completed a fiscal year of operation, must file with the secretary of state a financial report for its most recently completed fiscal year. <br /> <br /> Present law provides that a person who willfully and knowingly violates the provisions above, or who willfully and knowingly gives false or incorrect information to the secretary of state in filing statements or reports, whether such report or statement is verified or not, commits a Class B misdemeanor for the first offense, and for the second and a subsequent offense commits a Class E felony. <br /> <br /> CONTRIBUTIONS RELATED TO A DISASTER<br /> <br /> This bill requires that a charitable organization, other than a bona fide religious institution, that solicits and receives contributions for a charitable purpose related to a disaster in this state, must ensure that the contributions received are expended or distributed in a manner that is consistent with that charitable purpose within 24 months of the date the disaster is first declared by a county, the governor, or the president of the United States. A person who willingly and knowingly violates this provision is subject to the penalties described above.<br /> <br /> SUPRPLUS DISASTER RELIEF CONTRIBUTIONS FUND<br /> <br /> This bill establishes a special agency account in the state general fund to be known as the "surplus disaster relief contributions fund." This fund is to be administered by the director of TEMA and moneys in the fund must be invested by the state treasurer in accordance with law. A charitable organization must surrender to the fund any contributions that have not been expended or distributed within 24 months after the date the disaster for which they were for is first declared. Any fund balance remaining unexpended at the end of a fiscal year in the fund must be carried forward into the subsequent fiscal year. Interest accruing on investments and deposits of the fund must also be carried forward into the subsequent fiscal year. No part of the fund can be diverted to the general fund or another other public fund. Moneys in the fund are only to be expended and obligated for the purpose of disaster relief activities in this state. <br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2023

Subjects
07154773

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HB1370: Amends TCA Title 47, Chapter 18; Title 48, Chapter 101 and Title 58. | LegisGo