PRINTER'S NO. 1113
No. 1029 Session of 1993
INTRODUCED BY HANNA, COLAIZZO, REBER, DEMPSEY, KUKOVICH,
FLEAGLE, ARMSTRONG, NYCE, YANDRISEVITS, B. SMITH, LINTON,
PESCI, COWELL, TRELLO, RUDY, MELIO, PHILLIPS, HESS, ROONEY,
VAN HORNE, KING, CARONE, FARGO, D. W. SNYDER, HENNESSEY,
ADOLPH, LAUGHLIN, CLARK AND REINARD, MARCH 29, 1993
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 29, 1993
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 defining "charitable
8 organization"; and exempting certain charitable organizations
9 from annual registration fees.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The definition of "charitable organization" in
13 section 3 of the act of December 19, 1990 (P.L.1200, No.202),
14 known as the Solicitation of Funds for Charitable Purposes Act,
15 amended July 9, 1992 (P.L.436, No.92), is amended to read:
16 Section 3. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 * * *
1 "Charitable organization." Any person granted tax exempt
2 status under section 501(c)(3) of the Internal Revenue Code of
3 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) or any person
4 who is or holds himself out to be established for any charitable
5 purpose or any person who in any manner employs a charitable
6 appeal as the basis of any solicitation or an appeal which has a
7 tendency to suggest there is a charitable purpose to any
8 solicitation. An affiliate of a charitable organization which
9 has its principal place of business outside this Commonwealth
10 shall be a charitable organization for the purposes of this act.
11 The term shall not be deemed to include:
12 (1) any bona fide duly constituted organization of law
13 enforcement personnel, firefighters or other persons who
14 protect the public safety whose stated purpose in the
15 solicitation does not include any benefit to any person
16 outside the actual active membership of the organization; and
17 (2) any bona fide duly constituted religious
18 institutions and such separate groups or corporations which
19 form an integral part of religious institutions, provided
20 that:
21 (i) such religious institutions, groups or
22 corporations are tax exempt pursuant to the Internal
23 Revenue Code of 1986;
24 (ii) no part of their net income inures to the
25 direct benefit of any individual; [and]
26 (iii) their conduct is primarily supported by
27 government grants or contracts, funds solicited from
28 their own memberships, congregations or previous donors,
29 and fees charged for services rendered[.]; and
30 (3) any organization that conducts its own fundraising
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1 and does not utilize the services of a professional
2 fundraising counsel or professional solicitor.
3 * * *
4 Section 2. Section 5 of the act is amended by adding a
5 subsection to read:
6 Section 5. Registration of charitable organizations; financial
7 reports; fees; failure to file.
8 * * *
9 (p.1) Exempting from registration fee.--Notwithstanding
10 subsection (p), charitable organizations established for persons
11 18 years of age or younger, including, but not limited to, Boy
12 Scouts, Girl Scouts, booster clubs and service clubs shall not
13 be required to pay the annual registration fee under subsection
14 (p).
15 * * *
16 Section 3. This act shall take effect in 60 days.
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