HB 1545 - Charities; registration renewal; include additional information

First Reader Summary

A BILL to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to change the requirements for renewal of registration of paid solicitors and charitable organizations; and for other purposes.

Sherrill, Tom (62nd)
Status Summary HC: Ind SC: LA: 02/06/98 H - Read 2nd Time
Page Numbers - 1/ 2/ 3
House Action Senate
2/5/98 Read 1st Time
2/6/98 Read 2nd Time

HB 1545                                            LC 27 0458 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 17 of Title 43 of the Official Code of 
  1- 2  Georgia Annotated, relating to charitable solicitations, so 
  1- 3  as to change the requirements for renewal of registration of 
  1- 4  paid solicitors and charitable organizations; to provide an 
  1- 5  effective date and applicability; to repeal conflicting 
  1- 6  laws; and for other purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Chapter 17 of Title 43 of the Official Code of Georgia 
  1-10  Annotated, relating to charitable solicitations, is amended 
  1-11  in Code Section 43-17-3, relating to the registration of 
  1-12  paid solicitors, by striking in its entirety paragraph (6) 
  1-13  of subsection (c) and inserting in lieu thereof a new 
  1-14  paragraph (6) to read as follows: 
 
  1-15      "(6) Every registration under this Code section shall 
  1-16      expire on December 31 of each year.  The registration of 
  1-17      a paid solicitor must be renewed each year by the 
  1-18      submission of a renewal application containing the 
  1-19      information required in an application for registration, 
  1-20      to the extent that such information has not previously 
  1-21      been included in an application or renewal application 
  1-22      previously filed, and any such additional information as 
  1-23      may be required by the Secretary of State, by the 
  1-24      payment of the proper registration fee, and by the 
  1-25      filing of a financial statement as of a date within one 
  1-26      year prior to the date of filing. If the paid solicitor 
  1-27      has received or collected more than $50,000.00 during 
  1-28      its preceding fiscal year, the financial statement shall 
  1-29      be a certified financial statement as of a date within 
  1-30      one year of the date of filing unless the fiscal year of 
  1-31      the applicant has ended within 90 days prior to the date 
  1-32      of filing, in which case the financial statement may be 
  1-33      dated as of the end of the preceding fiscal year.  Such 
  1-34      financial statements shall be prepared in accordance 
  1-35      with generally accepted accounting principles and, if 
 
 
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  2- 1      required to be certified, shall be certified by an 
  2- 2      independent public accountant duly registered and in 
  2- 3      good standing as such under the laws of the place of his 
  2- 4      or her residence or principal office." 
 
  2- 5                           SECTION 2. 
 
  2- 6  Said chapter is further amended in Code Section 43-17-5, 
  2- 7  relating to the registration of charitable organizations, by 
  2- 8  striking in its entirety paragraph (9) of subsection (b) and 
  2- 9  inserting in lieu thereof a new paragraph (9) to read as 
  2-10  follows: 
 
  2-11      "(9) Every registration under this Code section shall be 
  2-12      valid for a period of 12 months from its date of 
  2-13      effectiveness.  The registration must be renewed on or 
  2-14      before the expiration date each year by the submission 
  2-15      of a renewal application containing the information 
  2-16      required in an application for registration, to the 
  2-17      extent that such information has not previously been 
  2-18      included in an application or renewal application 
  2-19      previously filed, and such other information as the 
  2-20      Secretary of State may require, by the payment of the 
  2-21      proper registration fee, and by the filing of a 
  2-22      financial statement as of a date within one year prior 
  2-23      to the date of filing.  If the charitable organization 
  2-24      has received or collected more than $500,000.00 during 
  2-25      its preceding fiscal year, the financial statement shall 
  2-26      be prepared by an independent certified public 
  2-27      accountant and shall be a certified financial statement 
  2-28      of the charitable organization or a certified 
  2-29      consolidated financial statement of the charitable 
  2-30      organization and its subsidiaries as of a date within 
  2-31      one year of the date of filing unless the fiscal year of 
  2-32      the applicant has ended within 90 days prior to the date 
  2-33      of filing, in which case the financial statement may be 
  2-34      dated as of the end of the preceding fiscal year. If the 
  2-35      charitable organization has received or collected more 
  2-36      than $100,000.00 but not more than $500,000.00 during 
  2-37      its preceding fiscal year, the financial statement shall 
  2-38      be reviewed by an independent certified public 
  2-39      accountant and such certified public accountant's review 
  2-40      report, prepared in accordance with generally accepted 
  2-41      accounting principles as of a date within one year prior 
  2-42      to the date of filing, shall be filed with the financial 
  2-43      statement.  If the charitable organization has received 
  2-44      or collected less than $100,000.00 during its preceding 
 
 
 
                                 -2- 
 
 
 
  3- 1      fiscal year, the financial statement shall have attached 
  3- 2      thereto a copy of the Form 990, Return of Organization 
  3- 3      Exempt From Income Tax, or the Form 990EZ, Short Form 
  3- 4      Return of Organization Exempt From Income Tax, which the 
  3- 5      organization filed for the previous taxable year 
  3- 6      pursuant to the United States Internal Revenue Code. 
  3- 7      Such financial statements shall be prepared in 
  3- 8      accordance with generally accepted accounting principles 
  3- 9      and, if required to be certified, shall be certified by 
  3-10      an independent public accountant duly registered and in 
  3-11      good standing as such under the laws of the place of his 
  3-12      or her residence or principal office." 
 
  3-13                           SECTION 3. 
 
  3-14  This Act shall become effective on July 1, 1998, and shall 
  3-15  apply to renewal applications which are filed on and after 
  3-16  that date. 
 
  3-17                           SECTION 4. 
 
  3-18  All laws and parts of laws in conflict with this Act are 
  3-19  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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