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                                                      PRINTER'S NO. 1157

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1028 Session of 1997


        INTRODUCED BY FLICK, FAIRCHILD, CLYMER, HUTCHINSON, STERN,
           D. W. SNYDER, PETTIT, HERSHEY, WALKO, BAKER, COY, READSHAW,
           GEORGE, ARMSTRONG, LEH, GRUITZA, TIGUE, SEMMEL, M. N. WRIGHT,
           KENNEY, RUBLEY, SATHER, BELARDI, EGOLF, WAUGH, THOMAS,
           HALUSKA, HENNESSEY, GODSHALL, MILLER, BOSCOLA, TRELLO, ITKIN,
           CLARK, SEYFERT, ROHRER, E. Z. TAYLOR, MELIO, LAUGHLIN,
           BENNINGHOFF AND BARD, MARCH 25, 1997

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 25, 1997

                                     AN ACT

     1  Amending the act of December 19, 1990 (P.L.1200, No.202),
     2     entitled "An act providing for the registration and
     3     regulation of solicitations by charitable organizations,
     4     professional fundraisers and other solicitors; imposing
     5     additional powers on the Department of State and the Office
     6     of Attorney General; prescribing civil and criminal
     7     penalties; and making a repeal," further providing for
     8     reports by charitable organizations.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 5(f) of the act of December 19, 1990
    12  (P.L.1200, No.202), known as the Solicitation of Funds for
    13  Charitable Purposes Act, is amended to read:
    14  Section 5.  Registration of charitable organizations; financial
    15                 reports; fees; failure to file.
    16     * * *
    17     (f)  Audit of certain financial reports.--The financial
    18  report of every charitable organization which [received]


     1  receives annual contributions [in excess of $100,000] of
     2  $200,000 or more shall be audited by an independent certified
     3  public accountant or public accountant. Every charitable
     4  organization which receives annual contributions of at least
     5  $100,000, but less than $200,000, shall be required to have a
     6  review or audit of their financial statements performed by an
     7  independent certified public accountant or public accountant.
     8  Except for the charitable organizations described in section
     9  6(a)(3), [the financial report of] every charitable organization
    10  which receives annual contributions [in excess] of at least
    11  $25,000, but less than $100,000, shall be [reviewed or audited]
    12  required to have a compilation, review or audit of their
    13  financial statements performed by an independent certified
    14  public accountant or public accountant. An audit [or], review or
    15  compilation is optional for any charitable organization which
    16  receives annual contributions of less than $25,000 or for any
    17  charitable organization described in section 6(a)(3) which
    18  receives annual contributions of less than $100,000. Audits
    19  shall be performed in accordance with the [Statement] Statements
    20  on Auditing Standards of the American Institute of Certified
    21  Public Accountants [and], whereas reviews and compilations shall
    22  be performed in accordance with the [Statement] Statements on
    23  Standards for Accounting and Review Services of the American
    24  Institute of Certified Public Accountants.
    25     * * *
    26     Section 2.  The act is amended by adding a section to read:
    27  Section 22.1.  Severability.
    28     The provisions of this act are severable. If any provision of
    29  this act or its application to any person or circumstance is
    30  held invalid, the invalidity shall not affect other provisions
    19970H1028B1157                  - 2 -

     1  or applications of this act which can be given effect without
     2  the invalid provision or application.
     3     Section 3.  This act shall take effect in 60 days.


















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