PRINTER'S NO. 2769
No. 2068 Session of 2003
INTRODUCED BY WHEATLEY, BELFANTI, CRAHALLA, DALEY, FABRIZIO,
FRANKEL, GERGELY, GOODMAN, HARRIS, HORSEY, JOSEPHS, MUNDY,
PETRARCA, READSHAW, REICHLEY, WASHINGTON AND YOUNGBLOOD,
OCTOBER 14, 2003
REFERRED TO COMMITTEE ON FINANCE, OCTOBER 14, 2003
AN ACT
1 Amending the act of December 19, 1990 (P.L.1200, No.202),
2 entitled "An act providing for the registration and
3 regulation of solicitations by charitable organizations,
4 professional fundraisers and other solicitors; imposing
5 additional powers on the Department of State and the Office
6 of Attorney General; prescribing civil and criminal
7 penalties; and making a repeal," further providing for
8 definitions.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The definitions of "Professional fundraising
12 counsel" and "Professional solicitor" in section 3 of the act of
13 December 19, 1990 (P.L.1200, No.202), known as the Solicitation
14 of Funds for Charitable Purposes Act, amended July 9, 1992
15 (P.L.436, No.92), are amended to read:
16 Section 3. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 * * *
1 "Professional fundraising counsel." Any person who is
2 retained by a charitable organization for a fixed fee or rate
3 under a written agreement to plan, manage, advise, consult or
4 prepare material for or with respect to the solicitation in this
5 Commonwealth of contributions for a charitable organization, but
6 who does not solicit contributions or employ, procure or engage
7 any compensated person to solicit contributions and who does not
8 have custody or control of contributions. This shall not include
9 persons who engage only in professional grant-writing
10 activities, or in the preparation of grant material to solicit
11 grant awards, or both, from foundations that are recognized
12 under section 501(c) of the Internal Revenue Code of 1986
13 (Public Law 99-514, 26 U.S.C. § 501(c)) and are domiciled within
14 this Commonwealth. A bona fide salaried officer or regular,
15 nontemporary employee of a charitable organization shall not be
16 deemed to be a professional fundraising counsel provided that
17 the individual is not employed or engaged as professional
18 fundraising counsel or as a professional solicitor by any other
19 person.
20 "Professional solicitor." Any person who is retained for
21 financial or other consideration by a charitable organization to
22 solicit in this Commonwealth contributions for charitable
23 purposes directly or in the form of payment for goods, services
24 or admission to fundraising events, whether such solicitation is
25 performed personally or through his agents, servants or
26 employees or through agents, servants or employees especially
27 employed by or for a charitable organization who are engaged in
28 the solicitation of contributions, the sale of goods or services
29 or the production of fundraising events under the direction of
30 such person, or a person who plans, conducts, manages, carries
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1 on, advises, consults, whether directly or indirectly, in
2 connection with the solicitation of contributions, sale of goods
3 or services or the production of fundraising events for or on
4 behalf of any charitable organization, but does not qualify as a
5 professional fundraising counsel within the meaning of this act.
6 This shall not include persons who engage only in professional
7 grant-writing activities, or in the preparation of grant
8 material to solicit grant awards, or both, from foundations that
9 are recognized under section 501(c) of the Internal Revenue Code
10 of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)) and are
11 domiciled within this Commonwealth. A person who is otherwise a
12 professional fundraising counsel shall be deemed a professional
13 solicitor if his compensation is related to the amount of
14 contributions received. A bona fide salaried officer or regular,
15 nontemporary employee of a charitable organization shall not be
16 deemed to be a professional solicitor provided that the
17 individual is not employed or engaged as professional
18 fundraising counsel or as a professional solicitor by any other
19 person.
20 * * *
21 Section 2. This act shall take effect in 60 days.
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