§ 5-53.1-8. Professional fundraisers and fundraising counsel.
(a) No person shall act, operate, or transact business as a professional fundraiser or
fundraising counsel in this state before he, she, or it has registered with the director
or after the expiration or cancellation of such registration. Applications for registration
and re-registration shall be in writing, under oath and penalty of perjury, in the
form prescribed by the director and shall be accompanied by an annual fee in the sum
of two hundred forty dollars ($240). A professional fundraiser who has access or the
ability to access or control funds that are being solicited shall a
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§ 5-53.1-8. Professional fundraisers and fundraising counsel.
(a) No person shall act, operate, or transact business as a professional fundraiser or
fundraising counsel in this state before he, she, or it has registered with the director
or after the expiration or cancellation of such registration. Applications for registration
and re-registration shall be in writing, under oath and penalty of perjury, in the
form prescribed by the director and shall be accompanied by an annual fee in the sum
of two hundred forty dollars ($240). A professional fundraiser who has access or the
ability to access or control funds that are being solicited shall at the time of making
application for registration or re-registration, file with, and have approved by,
the director a bond. In the bond, the filer shall be the principal obligor, in the
sum of ten thousand dollars ($10,000), with one or more sureties whose liability in
the aggregate as sureties will at least equal that sum. The bond, which may be in
the form of a rider to a larger blanket liability bond, shall run to the director
for the use of the state and to any person who may have a cause of action against
the obligor of the bond for any malfeasance or misfeasance in the conduct of the solicitation.
Registration or re-registration when effected shall be for a period of one year, or
a part thereof, expiring on the thirtieth (30th) day of June. An application for re-registration
shall be filed no more than thirty (30) days prior to the expiration of the registration.
Applications for registration and re-registration and bonds, when filed with the director,
shall become public records in the office of the director. If there is any material
change in the information provided in any application for registration and re-registration,
the applicant or registrant shall notify the director, in writing, within twenty (20)
days of the change.
(b) A professional fundraiser and fundraising counsel shall maintain accurate and current
books and records of all activities while required to be registered under subsection
(a); and, until at least three (3) years shall have elapsed after the end of the effective
period of the registration to which they relate, the books and records shall be maintained
in an office available for inspection and examination by the director; provided, that
any books and records obtained by the director shall not be available to the public
for inspection. The professional fundraiser or fundraising counsel shall not be required
to make available to the director the names and addresses of members and donors, except
with their consent or the consent of the organization or through legal process where
good cause has been shown by the director to question compliance with this chapter
and access to the information is necessary to determine compliance. Nothing contained
in this section shall be construed to limit an organization's ability to challenge
the process on constitutional grounds.