PRINTER'S NO.  427

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

456

Session of

2011

  

  

INTRODUCED BY PETRI, CALTAGIRONE, DENLINGER, FLECK, GEIST, GIBBONS, HENNESSEY, HESS, MARSICO, MOUL, MURT, RAPP, READSHAW, K. SMITH AND WAGNER, FEBRUARY 4, 2011

  

  

REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 4, 2011  

  

  

  

AN ACT

  

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Amending the act of December 19, 1990 (P.L.1200, No.202),

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entitled "An act providing for the registration and

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regulation of solicitations by charitable organizations,

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professional fundraisers and other solicitors; imposing

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additional powers on the Department of State and the Office

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of Attorney General; prescribing civil and criminal

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penalties; and making a repeal," defining "youth athletic

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organization"; and providing for exemptions.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 3 of the act of December 19, 1990 (P.L.

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1200, No.202), known as the Solicitation of Funds for Charitable

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Purposes Act, is amended by adding a definition to read:

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Section 3.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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* * *

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"Youth athletic organization."  Any organization composed

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mainly of youth and organized for the purpose of promoting

 


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healthy competition in a sport.

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Section 2.  The act is amended by adding a section to read:

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Section 15.1.  Exemptions from this act.

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(a)  General rule.--If all fundraising activities of an

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organization or association under paragraph (1) or (2) are

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performed by volunteers, members of an auxiliary or affiliate

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thereof, and the volunteers, members and affiliates receive no

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compensation, directly or indirectly, for the fundraising

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activities, the following charitable organizations shall be

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exempt from the requirements of this act except as set forth in

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subsection (b):

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(1)  A bona fide organization of volunteer firemen.

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(2)  A bona fide youth athletic organization.

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(b)  Use of professional fundraiser.--If the charitable

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organization that uses a professional solicitor or professional

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fundraising counsel to act on the charitable organization's

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behalf, the exemption provided under subsection (a) does not

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apply, except that the written notice prescribed under sections

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9(k) and 13(c) shall not be required.

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Section 3.  This act shall take effect immediately.

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