Bill Text: AZ HB2315 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Veterans' organization; solicitation.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2010-01-20 - Referred to House MAPS Committee [HB2315 Detail]
Download: Arizona-2010-HB2315-Introduced.html
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REFERENCE TITLE: veterans' organization; solicitation. |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2315 |
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Introduced by Representatives Deschene, Fleming, Pancrazi, Patterson, Young Wright: Antenori, Campbell CL, Tovar, Waters, Senator Hale
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AN ACT
transferring and renumbering Section 13‑3722, Arizona Revised Statutes, for placement in title 44, chapter 19, article 1, Arizona Revised Statutes, as section 44‑6562; amending title 44, chapter 19, article 1, Arizona Revised Statutes, by adding section 44‑6563; relating to solicitations for veterans' organizations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Transfer and renumber
Section 13‑3722, Arizona Revised Statutes, is transferred and renumbered for placement in title 44, chapter 19, article 1, Arizona Revised Statutes, as section 44‑6562.
Sec. 2. Title 44, chapter 19, article 1, Arizona Revised Statutes, is amended by adding section 44-6563, to read:
44-6563. American veterans' organizations; application; renewal request
A. To apply for approval from the department of veterans' services pursuant to section 41-603, a person who solicits money or other support in the name of American veterans must Submit the following to the department:
1. An application on the form prescribed by the department.
2. A copy of the organization's registration statement filed with the secretary of state.
3. A copy of the organization's articles of incorporation and bylaws and any amendments to those documents.
4. A copy of the organization's most recent annual report filed with the Arizona corporation commission, if applicable.
5. A copy of any other document the organization filed with the Arizona corporation commission.
6. A copy of documentation showing the organization's nonprofit tax status with the internal revenue service.
7. A copy of the five most recent annual reports and returns the organization filed with the internal revenue service.
8. A copy of the organization's organizational chart identifying each position and the name of each person who holds the position as of the time the application is submitted and whether that person is compensated.
B. Any organization that has been approved by the department of veterans' services pursuant to subsection A of this section must annually renew its request for approval every September. To renew its request, the organization must submit the following to the department:
1. A renewal request on the form prescribed by the department.
2. A copy of the organization's current registration statement filed with the secretary of state.
3. A copy of any amendments made to the organization's articles of incorporation and bylaws since the last filing with the department under this section.
4. A copy of the organization's most recent annual report filed with the Arizona corporation commission.
5. A copy of any other document the organization filed with the Arizona corporation commission since the last filing with the department under this section.
6. Documentation showing any change to the organization's nonprofit tax status with the internal revenue service since the last filing with the department under this section.
7. A copy of the organization's most recent annual report and return filed with the internal revenue service.
8. A copy of the organization's organizational chart, identifying each position and the name of each person who holds the position as of the time the renewal request is submitted and whether that person is compensated.
C. If the department of veterans' services rejects an organization's application or renewal request, the organization may submit a reregistration request to the department. To request a reregistration, the organization must submit the following to the department:
1. All documents required for an applicant pursuant to subsection A of this section.
2. A reregistration penalty of one hundred dollars payable to the department.
D. The department of veterans' services may reject an initial application, a renewal request or a reregistration request if it finds any of the following is true:
1. The organization spends more than thirty-five per cent of its money for fund-raising and administrative costs.
2. The organization's unrestricted assets, including unrestricted cash and securities, equal more than three times the organization’s annual expenses.
3. The organization's board of directors has fewer than five voting members.
4. More than ten per cent of the organization's board members are compensated.
5. The chairman of the organization's board is compensated.
6. The organization's board treasurer is compensated.
7. Any other factor that in the sole discretion of the department of veterans' services warrants rejection.
E. If the department of veterans' services rejects an organization's initial application, renewal request or reregistration request:
1. The department shall notify the organization by sending notice by certified mail to the address identified in the initial application, renewal request or reregistration request.
2. The organization may request a hearing pursuant to title 41, chapter 6, article 10.
F. On receipt of a notice that the department of veterans' services has rejected an organization's renewal request, the organization must immediately discontinue soliciting money or other support in the name of American veterans.
G. If an organization does not submit a timely renewal request, the organization must discontinue soliciting money or other support in the name of American veterans on or before the first day of October of that year.
H. An organization may not employ the services of a professional fund‑raiser to solicit money or other support in the name of American veterans unless the professional fund-raiser is registered with the secretary of state as provided by section 44-6554.
I. Soliciting money or other support in the name of American veterans from consumers in this state in violation of this section constitutes an unlawful practice pursuant to section 44-1522.
J. The provisions of this section are in addition to all other causes of action, remedies and penalties available to this state.
