PRINTER'S NO. 1785
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1421
Session of
2017
INTRODUCED BY GREINER, RYAN, LONGIETTI, PICKETT, MILLARD,
MENTZER, B. MILLER, WARD, SAINATO, NEILSON, DUNBAR,
ZIMMERMAN, WHEELAND AND MAHER, MAY 19, 2017
REFERRED TO COMMITTEE ON FINANCE, MAY 19, 2017
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 charitable organizations, financial reports,
fees and failure to file, for registration of professional
fundraising counsel and contracts and for registration of
professional solicitors, contract and disclosure
requirements, bonds, records and books.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5(a), (k) and (r), 8(c) and 9(d) of the
act of December 19, 1990 (P.L.1200, No.202), known as the
Solicitation of Funds for Charitable Purposes Act, are amended
to read:
Section 5. Registration of charitable organizations; financial
reports; fees; failure to file.
(a) Registration and approval required.--A charitable
organization, unless exempted from registration requirements
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pursuant to section 6, shall file a registration statement with
the department. This statement must be refiled annually and
postmarked by the fifteenth day of the fifth month following the
close of its fiscal year in which the charitable organization
was engaged in solicitation activities. The department shall
review the statement pursuant to subsection (r). No charitable
organization shall solicit contributions or have contributions
solicited in its behalf before approval of its registration
statement by the department.
* * *
(k) Time extension for filings.--For good cause shown, the
department may extend the time for the annual filing of a
registration statement or financial report to a mailing date not
to exceed the fifteenth day of the eleventh month following the
close of the fiscal year during which time the previous
registration remains in effect.
* * *
(r) Department review.--The department shall examine each
registration statement and supporting documents filed by a
charitable organization and shall determine whether the
registration requirements are satisfied. If the department
determines that the registration requirements are not satisfied,
the department must notify the charitable organization within
[ten] 15 working days of its receipt of the registration
statement; otherwise the registration statement is deemed to be
approved. Within [seven] 15 days after receipt of a notification
that the registration requirements are not satisfied, the
charitable organization may request a hearing. The hearing must
be held within [seven] 15 days of receipt of the request, and a
determination must be rendered within three working days of the
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hearing.
* * *
Section 8. Registration of professional fundraising counsel and
contracts.
* * *
(c) Department review of registration statement.--The
department shall examine each registration statement and
supporting documents filed by a professional fundraising counsel
and shall determine whether the registration requirements are
satisfied. If the department determines that the registration
requirements are not satisfied, the department must notify the
professional fundraising counsel within [ten] 15 working days of
its receipt of its registration statement; otherwise the
registration statement is deemed to be approved. Within [seven]
15 days after receipt of a notification that the registration
requirements are not satisfied, the professional fundraising
counsel may request a hearing. The hearing must be held within
[seven] 15 days of receipt of the request, and a determination
must be rendered within three working days of the hearing.
* * *
Section 9. Registration of professional solicitors; contract
and disclosure requirements; bonds; records; books.
* * *
(d) Department review of registration statement.--The
department shall examine each registration statement and
supporting documents filed by a professional solicitor and shall
determine whether the registration requirements are satisfied.
If the department determines that registration requirements are
not satisfied, the department must notify the professional
solicitor within [ten] 15 working days of its receipt of its
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registration statement; otherwise the registration statement is
deemed to be approved. Within [seven] 15 days after receipt of a
notification that the regulation requirements are not satisfied,
the professional solicitor may request a hearing. The hearing
must be held within [seven] 15 days of receipt of the request,
and a determination must be rendered within three working days
of the hearing.
* * *
Section 2. This act shall take effect in 60 days.
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