PRINTER'S NO. 3900
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2358
Session of
2015
INTRODUCED BY ENGLISH, FEE, MILLARD AND D. COSTA,
SEPTEMBER 22, 2016
REFERRED TO COMMITTEE ON FINANCE, SEPTEMBER 22, 2016
AN ACT
Amending the act of December 19, 1990 (P.L.1200, No.202),
entitled "An act providing for the registration and
regulation of solicitations by charitable organizations,
professional fundraisers and other solicitors; imposing
additional powers on the Department of State and the Office
of Attorney General; prescribing civil and criminal
penalties; and making a repeal," further providing for
registration of professional solicitors, contract and
disclosure requirements, bonds, records and books and for
limitation on activities of charitable organizations and
disclosure requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9(h) of the act of December 19, 1990
(P.L.1200, No.202), known as the Solicitation of Funds for
Charitable Purposes Act, is amended by adding paragraphs and the
section is amended by adding a subsection to read:
Section 9. Registration of professional solicitors; contract
and disclosure requirements; bonds; records; books.
* * *
(h) Required disclosures.--Prior to orally requesting a
contribution or contemporaneously with a written request for a
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contribution, a professional solicitor shall be responsible for
clearly and conspicuously disclosing:
* * *
(4) A statement of the percentage of total contributions
received and retained by the charitable organization during
the previous calendar year that was expended by the
organization for charitable purposes.
(5) A statement of the guaranteed minimum percentage of
the gross receipts from contributions that will be remitted
to or retained by the charitable organization for the
solicitation campaign.
(6) A statement of the percentage of the gross revenue
that the professional solicitor will be compensated for the
solicitation campaign or a reasonable estimate thereof as
provided in the written contract for the campaign.
(h.1) Required disclosure for oral requests for
contributions.--In addition to making the disclosures required
under subsection (h), an individual who acts on behalf of a
professional solicitor and intends to orally request a
contribution shall, prior to making the request, disclose that
the individual is not a volunteer but is compensated by the
professional solicitor.
* * *
Section 2. Section 13(b) of the act is amended by adding
paragraphs to read:
Section 13. Limitation on activities of charitable
organizations; disclosure requirements.
* * *
(b) Solicitation disclosures.--A charitable organization
soliciting in this Commonwealth shall include all of the
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following disclosures at the point of solicitation:
* * *
(5) The percentage of total contributions received by
the charitable organization during the previous calendar year
that was expended by the organization for charitable
purposes.
(6) If the request is an oral request for contributions,
a statement as to whether the representative making the
request is a volunteer, a paid employee of the organization
or a representative of a professional solicitor.
* * *
Section 3. This act shall take effect in 60 days.
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