§ 33-56-50 — Organizations exempt from registration provisions; alternate filings; fundraising activities.

(A) The following are not required to file registration statements with the Secretary of State if their fundraising activities are not conducted by professional solicitors, professional fundraising counsel, or commercial coventurers: (1) an educational institution which solicits contributions from only its students and their families, alumni, faculty, friends, and other constituencies, trustees, corporations, foundations, and individuals who are interested in and supportive of the programs of the institution; (2) a person requesting contributions for the relief of an individual specified by name at the time of the solicitation when all of the contributions collected, without deductions of any kind, are turned over to the named beneficiary for his use, as long as the person soliciting the contributions is not a named beneficiary; (3) a charitable organization which (a) does not intend to solicit or receive contributions from the public in excess of twenty thousand dollars in a calendar year and (b) has received a letter of tax exemption from the Internal Revenue Service, if all functions, including fundraising activities, of the organization exempted pursuant to this item are conducted by persons who are compensated no more than five hundred dollars in a year for their services and no part of their assets or income inures to the benefit of or is paid to an officer or a member. If the contributions raised from the public, whether or not the contributions are actually received by a charitable organization during any calendar year, are in excess of these amounts, within thirty days after the date the contributions exceed these amounts, the organization must register with and report to the Secretary of State as required by this chapter; (4) an organization which solicits exclusively from its membership, including a utility cooperative; (5) a veterans' organization which has a congressional charter; and (6) the State, its political subdivisions, and an agency or a department of the State which are subject to the disclosure provisions of the Freedom of Information Act. (B) The following are not required to file registration statements with the Secretary of State regardless of whether or not their fundraising activities are conducted by professional solicitors, professional fundraising counsel, or commercial coventurers: (1) a public school district located in the State and any public school teaching pre-K through grade twelve located within the public school district. For purposes of this chapter, the term "public school" includes any student organization within the school that does not maintain separate financial accounts or a separate federal Employer's Identification Number (EIN) from the school and whose fundraising revenues are deposited in the school's student activity fund; and (2) a charitable organization that does not intend to solicit or receive contributions from the public in excess of seven thousand five hundred dollars during a calendar year. If the contributions raised from the public, whether or not the contributions are actually received by a charitable organization during any calendar year, are in excess of these amounts, the organization shall register and report to the Secretary of State as required by this chapter within thirty days after the date the contributions exceed these amounts. (C) A charitable organization claiming to be exempt from the registration provisions of this chapter and which solicits charitable contributions must submit annually to the Secretary of State, on forms prescribed by the Secretary of State, the name, address, and purpose of the organization and a statement setting forth the reason for the claim for exemption. If appropriate, the Secretary of State or his appropriate division shall issue a letter of exemption that may be exhibited to the public. A filing fee is not required of an exempt organization. (D) A professional solicitor, professional fundraising counsel, or commercial coventurer conducting fundraising activities on behalf of an exempt organization must comply with the registration and filing requirements of this chapter.

Legislative History

HISTORY: 1994 Act No. 461, SECTION 1; 1996 Act No. 294, SECTION 1; 1996 Act No. 458, Part II, SECTION 28F; 1998 Act No. 368, SECTION 7; 2000 Act No. 336, SECTION 1; 2007 Act No. 69, SECTION 2, eff June 13, 2007; 2013 Act No. 43, SECTION 1, eff June 7, 2013. Effect of Amendment The 2007 amendment deleted subparagraph (A)(3)(a) which provided "does not intend to solicit or receive contributions from the public in excess of five thousand dollars during a calendar year" and redesignated subparagraphs (A)(3)(b)(i) and (A)(3)(b)(ii) as subparagraphs (A)(3)(a) and (A)(3)(b), respectively; added subsection (B) exempting from registration charities not intending to solicit more than seven thousand five hundred dollars a year; and redesignated subsection (B) as subsection (C). The 2013 amendment rewrote paragraph (B); added subparagraphs (B)(1) and (B)(2); added paragraph (D); and made other nonsubstantive changes.