Reference is to the bill as introduced.
Amend the bill, and if amended, by striking all after the enacting words 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 shall
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 of whether or not their fundraising activities are
conducted by professional solicitors, professional fundraising
counsel, or commercial co-venturers:
(1)
a public school district located in this State and
any K-12 or pre-kindergarten public school 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, the
organization shall register with and report to the Secretary of
State as required by this chapter within thirty days after the
date the contributions exceed these amounts.
(C) A charitable
organization claiming to be exempt from the registration
provisions of this chapter and which solicits charitable
contributions must shall 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 shall comply with the registration and
filing requirements of this chapter."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.