Chapter 131 |
2022 -- H 7911 SUBSTITUTE A Enacted 06/21/2022 |
A N A C T |
RELATING TO BUSINESSES AND PROFESSIONS -- SOLICITATION BY CHARITABLE ORGANIZATIONS |
Introduced By: Representatives Casimiro, Noret, Kazarian, Cardillo, Tanzi, Batista, Donovan, Corvese, and Alzate |
Date Introduced: March 07, 2022 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 5-53.1-3 of the General Laws in Chapter 5-53.1 entitled "Solicitation |
by Charitable Organizations" is hereby amended to read as follows: |
5-53.1-3. Certain persons exempted. |
(a) The following persons shall not be required to file a registration statement with the |
department: |
(1) Educational institutions, including parent-teacher associations, the curricula of which |
in whole or in part are registered or approved by a governmental agency as well as all other |
educational institutions within this state recognized or certified as educational institutions by a |
generally recognized and accepted regional or national educational accrediting organization. |
(2) Persons requesting any contributions for the relief of any individual, specified by name |
at the time of the solicitation, if all of the contributions collected, without any deductions |
whatsoever, are turned over to the named beneficiary. |
(3)(i) Any charitable organization that does not intend to solicit and receive and does not |
actually raise or receive contributions in excess of twenty-five thousand dollars ($25,000) during a |
fiscal year of the charitable organization, provided none of its fundraising functions are carried on |
by professional fundraisers and no part of its assets or income inures to the benefit of or is paid to |
any officer, director, member (if a limited-liability company), trustee, partner, or member of the |
charitable organization. |
(ii) For the purpose of this subdivision, contributions received from corporations, charitable |
foundations, government agencies, or a duly registered federated fund, incorporated community |
appeal, or United Way, shall not be included in determining the total amount of contributions |
received. |
(iii) If, during the fiscal year of any charitable organization, the gross contributions |
received by the charitable organization during that fiscal year exceed twenty-five thousand dollars |
($25,000), it shall, within thirty (30) days after the date it shall have received total contributions in |
excess of twenty-five thousand dollars ($25,000), register with the director as required by ยง 5-53.1- |
2. |
(4) Organizations that solicit only from their own membership. The term "membership" |
shall not include those persons who are granted a membership upon making a contribution as the |
result of a solicitation. |
(5) Persons soliciting contributions solely from corporations, charitable foundations, or |
governmental agencies. |
(6) Foundations or associations exclusively for the benefit of religious organizations, |
education institutions, nonprofit or charitable hospitals, and public libraries. |
(7) Hospitals that are nonprofit and charitable. |
(8) Veterans' organizations and their auxiliaries so long as the veterans' organizations are |
chartered under chapter 6 of title 7. |
(9) Public libraries. |
(10) Historical societies duly organized under the laws of this state. |
(11) Free, not-for-profit, public art museums. |
(12) Grange organizations and their auxiliaries. |
(13) Churches or recognized denominations and religious organizations, societies, and |
institutions operated, supervised, or controlled by a religious organization or society that solicit |
from other than their own membership. Institutions indirectly or affiliated with but that are not |
operated, supervised, or controlled by any religious organizations or religious society that own, |
maintain, and operate homes for the aged, orphanages, and homes for unwed mothers. |
(14) Volunteer fire and rescue associations. |
(15) Land trusts duly organized under the laws of this state. |
(16) Nonprofit Not-for-profit and not-for-profit nonprofit food bank banks or food |
pantry pantries; provided, however, the Rhode Island community food bank shall not be included |
within this classification. |
(b) Any charitable organization claiming to be exempt from the registration requirements |
of this chapter shall submit any information that the director may request to substantiate an |
exemption under this section. |
SECTION 2. This act shall take effect upon passage. |
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LC004855/SUB A |
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