Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 33-56-50 of the 1976 Code, as last amended by Act 69 of 2007, is further amended to read:
"Section 33-56-50.
(A) The following are not required to
file registration statements with the Secretary of State if
their fundraising activities are not conducted by professional
solicitors, professional fundraising counsel, or commercial
co-venturers:
(1)
an educational institution which solicits contributions
from only its students and their families, alumni, faculty,
friends, and other constituencies, trustees, corporations,
foundations, and individuals who are interested in and
supportive of the programs of the institution;
(2)
a person requesting contributions for the relief of an
individual specified by name at the time of the solicitation
when all of the contributions collected, without deductions of
any kind, are turned over to the named beneficiary for his use,
as long as the person soliciting the contributions is not a
named beneficiary;
(3)
a charitable organization which (a) does not intend to
solicit or receive contributions from the public in excess of
twenty thousand dollars in a calendar year and (b) has received
a letter of tax exemption from the Internal Revenue Service, if
all functions, including fundraising activities, of the
organization exempted pursuant to this item are conducted by
persons who are compensated no more than five hundred dollars in
a year for their services and no part of their assets or income
inures to the benefit of or is paid to an officer or a member.
If the contributions raised from the public, whether or not the
contributions are actually received by a charitable organization
during any calendar year, are in excess of these amounts, within
thirty days after the date the contributions exceed these
amounts, the organization must register with and report to the
Secretary of State as required by this chapter;
(4)
an organization which solicits exclusively from its
membership, including a utility cooperative;
(5)
a veterans' organization which has a congressional
charter; and
(6)
the State, its political subdivisions, and an agency or a
department of the State which are subject to the disclosure
provisions of the Freedom of Information Act.
(B) A
charitable organization that does not intend to solicit or
receive contributions from the public in excess of seven
thousand five hundred dollars during a calendar year is not
required to file registration statements with the Secretary of
State without regard to the fact that their fundraising
activities are or are not conducted by professional solicitors,
professional fundraising counsel, or commercial
co-venturers The following are not required to file
registration statements with the Secretary of State regardless
if their fundraising activities are conducted by professional
solicitors, professional fundraising counsel, or commercial
co-venturers:
(1) A
public school district located in the State and any public
school teaching pre-K through grade twelve located within the
public school district. For purposes of this chapter, the term
public school includes any student organization within the
school that does not maintain separate financial accounts or a
separate Federal Employer's Identification Number (EIN) from the
school and whose fundraising revenues are deposited in the
school's student activity fund; and
(2) A
charitable organization that does not intend to solicit or
receive contributions from the public in excess of seven
thousand five hundred dollars during a calendar year. If the
contributions raised from the public, whether or not the
contributions are actually received by a charitable organization
during any calendar year, are in excess of these amounts, within
thirty days after the date the contributions exceed these
amounts, the organization must register with and report to the
Secretary of State as required by this chapter.
(C) A charitable
organization claiming to be exempt from the registration
provisions of this chapter and which solicits charitable
contributions must submit annually to the Secretary of State, on
forms prescribed by the Secretary of State, the name, address,
and purpose of the organization and a statement setting forth
the reason for the claim for exemption. If appropriate, the
Secretary of State or his appropriate division shall issue a
letter of exemption that may be exhibited to the public. A
filing fee is not required of an exempt organization.
(D) A
professional solicitor, professional fundraising counsel, or
commercial co-venturer conducting fundraising activities on
behalf of an exempt organization must comply with the
registration and filing requirements of this chapter."
/
Renumber sections to conform.
Amend title to conform.