10 LC
36 1588S
House
Bill 863 (COMMITTEE SUBSTITUTE)
By:
Representatives Dempsey of the
13th,
Peake of the
137th,
Smith of the
131st,
Carter of the
175th,
Stephens of the
164th,
and others
A
BILL TO BE ENTITLED
AN ACT
To
amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating
to charitable solicitations, so as to revise certain provisions related to
charitable solicitations; to define certain terms; to require certain
information be provided as part of the accounting relating to certain
contributions; to provide for applicability of provisions relating to
disclosures required by charitable and religious organizations, paid solicitors,
or solicitor agents; to provide requirements for use of collection receptacles
for certain donations; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable
solicitations, is amended by revising Code Section 43-17-2, relating to
definitions relative to charitable solicitations, by adding a new paragraph to
read as follows:
"(4.1)
'Collection receptacle' means an unattended container for the purpose of
collecting donations of clothing, books, personal or household items, or other
goods. Such term shall not include containers used for the purpose of
collecting monetary
donations."
SECTION
2.
Said
chapter is further amended by revising paragraph (12) of Code Section 43-17-2,
relating to definitions relative to charitable solicitations, as
follows:
"(12)(A)
'Paid solicitor' means a
person:
(i)
other
Other
than a commercial coventurer who, for compensation, performs for a charitable
organization any service in connection with which contributions are, or will be,
solicited within or from this state by such person or by any compensated person
he or she employs, procures, engages, or contracts with, directly or indirectly,
to so
solicit.;
(ii)
Who
A paid
solicitor shall also mean any person who
would be a fundraising counsel but for the fact that such person at any time has
custody of contributions from a solicitation as defined by this
chapter.;
or
An
attorney, investment counselor, accountant, or banker
and
who, solely incidental to his or her profession, advises a person to make a
charitable contribution or who holds funds subject to an escrow or trust
agreement shall not be deemed, as the result of such actions, to be a paid
solicitor.
(iii)
Who services a collection receptacle which purports, either through language
appearing on the receptacle itself or otherwise, to be collecting items for the
purpose of benefitting a charitable purpose or one or more entities espousing a
charitable purpose.
(B)
A 'paid solicitor' shall not mean:
(i)
A bona fide officer, employee, or volunteer of a charitable organization or
commercial coventurer
shall not
be deemed to be a paid solicitor with
respect to contributions solicited for that charitable
organization;
(ii)
An attorney, investment counselor, accountant, or banker who, solely incidental
to his or her profession, advises a person to make a charitable contribution or
who holds funds subject to an escrow or trust agreement;
(iii)
A person who removes or delivers donations placed in a collection receptacle for
a fixed fee and who does not otherwise directly or indirectly receive any of the
proceeds of the sale of such donations or derive any other benefit from such
activity; or
(iv)
A charitable organization registered with the Secretary of State which operates
collection receptacles or a religious organization which operates collection
receptacles."
SECTION
3.
Said
chapter is further amended by revising subsection (g) of Code Section 43-17-3,
relating to registration of paid solicitors, renewal, financial statements,
denial of registration, amendments, contracts, solicitation notices, accounting,
deposit of contributions, and records, as follows:
"(g)
Within 90 days after a solicitation campaign has been completed, and on the
anniversary of the commencement of a solicitation campaign lasting more than one
year, the paid solicitor shall account to the charitable organization with whom
it has contracted and to the Secretary of State for all contributions collected
and expenses paid. The accounting shall be in the form of a written report,
submitted to the charitable organization and to the Secretary of State, shall be
retained by the charitable organization for three years, and shall contain the
following information:
(1)
The total gross receipts;
(2)
A description of how the gross receipts were distributed, including an itemized
list of all expenses, commissions, and other costs of the fundraising campaign
and the net amount paid to the charitable organization for its charitable
purposes after payment of all fundraising expenses, commissions, and other
costs;
(3)
The signature of the charitable organization acknowledging its agreement with
the accuracy of the report, or a statement from the paid solicitor stating the
reasons why such signature has not been obtained within the prescribed period,
including a summary of any communications from the charitable organization
contesting the accuracy of the report;
and
(4)
With respect to any contributions other than monetary donations and securities,
including, but not limited to, boats, motor vehicles, clothing, shoes, books,
appliances, and other household items received as a result of solicitations by a
paid solicitor:
(A)
The names and addresses of any persons to whom such contributions were delivered
by the paid solicitor, by the charitable organization whose name was used in
connection with the solicitation, or by their agents; provided, however, that
this subparagraph shall not require the names and addresses of donees or retail
purchasers of consumer products which are delivered to a charitable organization
to be given away or sold at retail by the charitable organization with the
proceeds of such sales being used to further the stated charitable purpose of
the organization;
(B)
The total consideration, if any, received by the paid solicitor, by the
charitable organization, or by their agents from such persons for such
contributions; and
(C)
The manner in which such consideration was calculated; and
(4)(5)
Such other information as the Secretary of State by rule may
require."
SECTION
4.
Said
chapter is further amended by revising Code Section 43-17-8, relating to
registration of paid solicitors and certain disclosures, as
follows:
"43-17-8.
(a)
Every charitable organization, paid solicitor, or solicitor agent required to be
registered under this Code section, at the time of any solicitation that occurs
in or from this state, shall include the following disclosures:
(1)
The name and location of the paid solicitor and solicitor agent, if
any;
(2)
The name and location of the charitable organization for which the solicitation
is being made;
(3)
That the following information will be sent upon request:
(A)
A full and fair description of the charitable program for which the solicitation
campaign is being carried out and, if different, a full and fair description of
the programs and activities of the charitable organization on whose behalf the
solicitation is being carried out; and
(B)
A financial statement or summary which shall be consistent with the financial
statement required to be filed with the Secretary of State pursuant to Code
Section 43-17-5; and
(4)
If made by a solicitor agent or paid solicitor, that the solicitation is being
made by a paid solicitor on behalf of the charitable organization and not by a
volunteer and inform the person being solicited that the contract disclosing the
financial arrangements between the paid solicitor and the charity is on file
with and available from the Secretary of State.
(b)
This Code section shall not apply to charitable solicitations subject to and in
compliance with the provisions of Code Section
43-17-8.1."
SECTION
5.
Said
chapter is further amended by adding a new Code section to read as
follows:
"43-17-8.1.
(a)
When any person makes a solicitation to the public by encouraging donations into
a collection receptacle, the provisions of this Code section shall apply to such
solicitations.
(b)
If the collection receptacle is owned or operated entirely by a charitable
organization exempt from taxation pursuant to Section 501(c)(3) of the United
States Internal Revenue Code of 1986 or by a religious organization, the
receptacle shall contain the following information in boldface letters at least
two inches high on the front of the collection receptacle and directly
underneath the deposit door stating:
(1)
The name, address, website, if any, and telephone number of the charitable
organization or religious organization that owns or operates the collection
receptacle, from which persons may obtain additional information about the
religious or charitable organization, including the address of its principal
office and its telephone number; and
(2)
Whether or not the charitable organization or religious organization is
registered with the Secretary of State and, if it is registered, a statement
that additional information may be obtained from the Secretary of State,
including the charitable or religious purpose for which the charitable
organization or religious organization exists.
(c)
If the collection receptacle is owned or operated entirely or in part by any
entity other than a charitable organization exempt from taxation pursuant to
Section 501(c)(3) of the United States Internal Revenue Code of 1986 or by a
religious organization, then the following shall apply:
(1)
In the case where any of the items collected are to be sold and none of the
proceeds of such sale are to be paid over or otherwise given to a charitable
organization exempt from taxation pursuant to Section 501(c)(3) of the United
States Internal Revenue Code of 1986 or to a religious organization, it shall be
unlawful for any person to collect donations of goods or tangible items in such
collection receptacle unless the collection receptacle displays the following
statement: 'DONATIONS ARE NOT FOR THE BENEFIT OF ANY CHARITABLE OR RELIGIOUS
ORGANIZATION.' The name, address, website, if any, and telephone number of the
operator of the collection receptacle shall also be provided; and
(2)
In the case where any of the items collected are to be sold and some or all of
the proceeds from such sale are to be paid over or otherwise given to one or
more charitable organizations exempt from taxation pursuant to Section 501(c)(3)
of the United States Internal Revenue Code of 1986 or to a religious
organization, it shall be unlawful for any person to collect donations of goods
or tangible items in a collection receptacle unless the collection receptacle
displays the following statement: 'THIS COLLECTION BOX IS OPERATED BY [NAME OF
OPERATOR]. THE ITEMS DEPOSITED IN THIS BOX WILL BE SOLD, AND A PORTION OF THE
PROCEEDS WILL BE PAID TO [NAME OF CHARITABLE ORGANIZATION OR RELIGIOUS
ORGANIZATION]. FURTHER INFORMATION ABOUT THESE PAYMENTS CAN BE OBTAINED FROM
[NAME OF OPERATOR] AT [ADDRESS, WEBSITE, IF ANY, AND TELEPHONE NUMBER OF THE
OPERATOR] AND [ADDRESS, WEBSITE, IF ANY, AND TELEPHONE NUMBER OF THE CHARITABLE
ORGANIZATION OR RELIGIOUS ORGANIZATION]. IN ADDITION, FURTHER INFORMATION ABOUT
THE CHARITABLE ORGANIZATION MAY BE OBTAINED FROM THE SECRETARY OF
STATE.'
The
statements and all information required by paragraphs (1) and (2) of this
subsection shall be prominently displayed in boldface letters at least two
inches high located on the front of the collection receptacle and directly
underneath the deposit door.
(d)
The Secretary of State may by rule specify additional contact information
required to be disclosed pursuant to subsections (b) and (c) of this Code
section."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.