SENATE AMENDED
PRIOR PRINTER'S NOS. 1570, 2423, 3504 PRINTER'S NO. 3573
No. 1321 Session of 1985
INTRODUCED BY DALEY, KUKOVICH, BELFANTI, LESCOVITZ, HALUSKA,
STABACK, J. L. WRIGHT, BATTISTO, COWELL, PISTELLA, McVERRY,
CIMINI, BROUJOS, COLAFELLA, DORR, GANNON, FISCHER, MERRY,
DeLUCA, E. Z. TAYLOR, MICHLOVIC, FOX, DEAL AND DAWIDA,
MAY 29, 1985
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 3, 1986
AN ACT
1 Amending the act of August 9, 1963 (P.L.628, No.337), entitled <--
2 "An act relating to charitable organizations; requiring the
3 registration of such organizations; and regulating the
4 solicitation of money and property by or on behalf of
5 charitable organizations," further providing for exclusions
6 from registration.
7 AMENDING THE ACT OF APRIL 30, 1986 (P.L.107, NO.36), ENTITLED <--
8 "AN ACT RELATING TO CHARITABLE ORGANIZATIONS; REQUIRING THE
9 REGISTRATION OF SUCH ORGANIZATIONS; AND REGULATING THE
10 SOLICITATION OF MONEY AND PROPERTY BY, OR ON BEHALF OF,
11 CHARITABLE ORGANIZATIONS," FURTHER DEFINING "CHARITABLE
12 ORGANIZATION."
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 4(a) of the act of August 9, 1963 <--
16 (P.L.628, No.337), known as the Solicitation of Charitable Funds
17 Act, is amended by adding a clause to read:
18 Section 4. Exclusions and Short Form Registration.--(a) The
19 following charitable organizations shall be excluded from the
20 registration requirements in this act:
21 * * *
1 (5) Bona fide parent-teacher associations or organizations.
2 * * *
3 Section 2. This act shall take effect in 60 days.
4 SECTION 1. THE DEFINITION OF "CHARITABLE ORGANIZATION" IN <--
5 SECTION 3 OF THE ACT OF APRIL 30, 1986 (P.L.107, NO.36), KNOWN
6 AS THE CHARITABLE ORGANIZATION REFORM ACT, IS AMENDED TO READ:
7 SECTION 3. DEFINITIONS.
8 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
9 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
10 CONTEXT CLEARLY INDICATES OTHERWISE:
11 * * *
12 "CHARITABLE ORGANIZATION." A PERSON WHICH IS OR HOLDS ITSELF
13 OUT TO BE A BENEVOLENT, EDUCATIONAL, PHILANTHROPIC, HUMANE,
14 PATRIOTIC, RELIGIOUS OR ELEEMOSYNARY ORGANIZATION OR ANY PERSON
15 WHICH SOLICITS OR OBTAINS CONTRIBUTIONS SOLICITED FROM THE
16 PUBLIC FOR CHARITABLE PURPOSES AFTER THE EFFECTIVE DATE OF THIS
17 ACT. A CHAPTER, BRANCH, AREA, OFFICE OR SIMILAR AFFILIATE OR ANY
18 PERSON SOLICITING CONTRIBUTIONS WITHIN THIS COMMONWEALTH FOR A
19 CHARITABLE ORGANIZATION WHICH HAS ITS PRINCIPAL PLACE OF
20 BUSINESS OUTSIDE THIS COMMONWEALTH SHALL BE A CHARITABLE
21 ORGANIZATION FOR THE PURPOSES OF THIS ACT. THIS DEFINITION SHALL
22 NOT BE DEEMED TO INCLUDE DULY CONSTITUTED RELIGIOUS
23 ORGANIZATIONS OR ANY GROUP AFFILIATED WITH AND FORMING AN
24 INTEGRAL PART OF SAID ORGANIZATION NO PART OF THE NET INCOME OF
25 WHICH INURES TO THE DIRECT BENEFIT OF ANY INDIVIDUAL AND WHICH
26 HAVE RECEIVED A DECLARATION OF CURRENT TAX-EXEMPT STATUS FROM
27 THE GOVERNMENT OF THE UNITED STATES: PROVIDED, THAT NO
28 AFFILIATED GROUP SHALL BE REQUIRED TO OBTAIN SUCH DECLARATION IF
29 THE PARENT OR PRINCIPAL ORGANIZATION SHALL HAVE OBTAINED SAME.
30 * * *
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1 SECTION 2. SECTION 7(A) OF THE ACT IS AMENDED TO READ:
2 SECTION 7. EXEMPTIONS AND SHORT FORM REGISTRATION.
3 (A) EXEMPTIONS.--THE FOLLOWING CHARITABLE ORGANIZATIONS
4 SHALL BE EXEMPTED FROM THE REGISTRATION REQUIREMENTS IN THIS
5 ACT:
6 [(1) RELIGIOUS ORGANIZATIONS WHICH ARE DULY CONSTITUTED,
7 OR A GROUP AFFILIATED WITH AND FORMING AN INTEGRAL PART OF
8 THE RELIGIOUS ORGANIZATIONS, AND IN WHICH NO PART OF THEIR
9 NET INCOME INURES TO THE DIRECT BENEFIT OF AN INDIVIDUAL AND
10 WHICH HAS RECEIVED A DECLARATION OF CURRENT TAX-EXEMPT STATUS
11 FROM THE FEDERAL GOVERNMENT.]
12 [(2)] (1) EDUCATIONAL INSTITUTIONS, THE CURRICULUMS OF
13 WHICH, IN WHOLE OR IN PART, ARE REGISTERED OR APPROVED BY THE
14 STATE BOARD OF EDUCATION OF THE COMMONWEALTH OF PENNSYLVANIA,
15 EITHER DIRECTLY OR BY ACCEPTANCE OF ACCREDITATION BY AN
16 ACCREDITING BODY RECOGNIZED BY THE STATE BOARD OF EDUCATION.
17 [(3)] (2) HOSPITALS WHICH ARE NONPROFIT AND CHARITABLE
18 AND ARE REQUIRED BY LAW TO FILE FINANCIAL REPORTS AT LEAST
19 ANNUALLY WITH THE AUDITOR GENERAL OF THE COMMONWEALTH OF
20 PENNSYLVANIA: PROVIDED, THAT A COPY OF THE ANNUAL FISCAL
21 REPORT SO FILED IS ALSO FILED SIMULTANEOUSLY WITH THE BUREAU.
22 [(4)] (3) A LOCAL POST, CAMP, CHAPTER OR SIMILARLY
23 DESIGNATED ELEMENT OR A COUNTY UNIT OF SUCH ELEMENTS OF A
24 BONA FIDE VETERANS' ORGANIZATION WHICH ISSUES CHARTERS TO
25 SUCH LOCAL ELEMENTS THROUGHOUT THIS COMMONWEALTH, A BONA FIDE
26 ORGANIZATION OF VOLUNTEER FIREMEN, A BONA FIDE AMBULANCE
27 ASSOCIATION OR BONA FIDE RESCUE SQUAD ASSOCIATION OR A BONA
28 FIDE AUXILIARY OR AFFILIATE OF ANY SUCH ORGANIZATION,
29 PROVIDED ALL ITS FUNDRAISING ACTIVITIES ARE CARRIED ON BY
30 MEMBERS OF SUCH AN ORGANIZATION OR AN AFFILIATE THEREOF AND
19850H1321B3573 - 3 -
1 SUCH MEMBERS RECEIVE NO COMPENSATION DIRECTLY OR INDIRECTLY
2 THEREFOR.
3 [(5)] (4) PUBLIC NONPROFIT LIBRARY ORGANIZATIONS WHICH
4 RECEIVE FINANCIAL AID FROM MUNICIPAL AND STATE GOVERNMENTS
5 AND FILE AN ANNUAL FISCAL REPORT WITH THE STATE LIBRARY
6 SYSTEM.
7 [(6)] (5) SENIOR CITIZEN CENTERS WHICH ARE NONPROFIT AND
8 CHARITABLE AND WHICH HAVE BEEN GRANTED TAX-EXEMPT STATUS
9 UNDER THE INTERNAL REVENUE CODE OF 1954 (68A STAT. 3, 26
10 U.S.C. § 1 ET SEQ.), PROVIDED ALL FUNDRAISING ACTIVITIES ARE
11 CARRIED ON BY MEMBERS OR OFFICERS OF SUCH AN ORGANIZATION AND
12 SUCH MEMBERS OR OFFICERS RECEIVE NO COMPENSATION DIRECTLY OR
13 INDIRECTLY THEREFOR.
14 [(7)] (6) BONA FIDE PARENT/TEACHER ASSOCIATIONS OR
15 ORGANIZATIONS AS RECOGNIZED IN A NOTARIZED LETTER FROM THE
16 SCHOOL DISTRICT IN WHICH THEY ARE LOCATED.
17 * * *
18 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY AND SHALL <--
19 BE RETROACTIVE TO APRIL 30, 1986.
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