Chapter 057
2009 -- H 5195
Enacted 06/26/09
A N A C T
RELATING TO
BUSINESSES AND PROFESSIONS -- SOLICITATION BY CHARITABLE ORGANIZATIONS
Introduced By: Representatives Walsh, Carter, Ferri, Shallcross Smith, and A Rice
Date Introduced: January 28, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Section 5-53.1-3 of the General Laws in Chapter
5-53.1 entitled
"Solicitation by
Charitable Organizations" is hereby amended to read as follows:
5-53.1-3. Certain persons exempted. -- (a) The
following persons shall not be required
to file a registration statement with the department:
(1) Educational
institutions, including parent-teacher associations, the curricula of which
in whole or in part are registered or approved by a
governmental agency as well as all other
educational institutions within this state who are recognized or
certified as educational institutions
by a generally recognized and accepted regional or
national educational accrediting organization.
(2) Persons requesting
any contributions for the relief of any individual, specified by
name at the time of the solicitation, if all of the
contributions collected, without any deductions
whatsoever, are turned over to the named beneficiary.
(3) (i) Any charitable organization
which does not intend to solicit and receive and does
not actually raise or receive contributions in excess of
twenty-five thousand dollars ($25,000)
during a fiscal year of the charitable organization,
provided none of its fundraising functions are
carried on by professional fund raisers and no part of its
assets or income inures to the benefit of
or is paid to any officer, director, member (if a
limited liability company), trustee, partner or
member of the charitable organization.
(ii) For the purpose of
this subdivision, contributions received from corporations,
charitable foundations, government agencies, or a duly
registered federated fund, incorporated
community appeal, or
contributions received.
(iii) If, during the
fiscal year of any charitable organization, the gross contributions
received by the charitable organization, during that fiscal
year exceed twenty-five thousand
dollars ($25,000), it shall within thirty (30) days after the
date it shall have received total
contributions in excess of twenty-five thousand dollars ($25,000)
register with the director as
required by section 5-53.1-2.
(4) Organizations which
solicit only from their own membership. The term
"membership" shall
not include those persons who are granted a membership upon making a
contribution as the result of a solicitation.
(5) Persons soliciting
contributions solely from corporations, charitable foundations, or
governmental agencies.
(6) Foundations or
associations exclusively for the benefit of religious organizations,
education institutions, non-profit or charitable hospitals and
public libraries.
(7) Hospitals, which
are non-profit and charitable.
(8) Veterans'
organizations and their auxiliaries so long as the
veterans' organizations are
chartered under chapter 6 of title 7.
(9) Public libraries.
(10) Historical
societies duly organized under the laws of this state.
(11) Free, not for
profit, public art museums.
(12) Grange
organizations and their auxiliaries.
(13) Churches or
recognized denominations and religious organizations, societies and
institutions operated, supervised or controlled by a religious
organization or society which solicit
from other than their own membership. Institutions
indirectly or affiliated with but which are not
operated, supervised or controlled by any religious
organizations or religious society which own,
maintain and operate homes for the aged, orphanages and homes
for unwed mothers.
(14) Volunteer fire and
rescue associations.
(15) Land trusts duly
organized under the laws of this state.
(b) Any charitable
organization claiming to be exempt from the registration requirements
of this chapter shall submit any information that the
director may request to substantiate an
exemption under this section.
SECTION 2. This act shall take effect upon passage.
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LC00739
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