September 18, 2008, Introduced by Senators JANSEN and GEORGE and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1975 PA 169, entitled
"Charitable organizations and solicitations act,"
by amending section 13 (MCL 400.283), as amended by 1992 PA 299.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 13. The licensing and financial statement requirements of
this act do not apply to any of the following:
(a)
A person who that requests a contribution for the relief
or benefit of an individual, specified by name at the time of the
solicitation, if the contributions collected are turned over to the
named beneficiary after deducting reasonable expenses for costs of
solicitation, if any, and if all fund-raising functions are carried
on by persons who are unpaid, directly or indirectly, for their
services.
(b)
A person who charitable
organization that does not intend
to
solicit and receive and does not actually receive contributions
in
excess of $8,000.00 during any 12-month period if all of its
fund-raising
functions are carried on by persons who are unpaid for
their
services and if the organization makes available to its
members
and the public a financial statement of its activities for
the
most recent fiscal year. If the gross contributions received
during
any 12-month period exceed $8,000.00, the person shall file
an
application for license with required supporting information as
provided
in section 3 within 30 days after the date it has received
total
contributions in excess of $8,000.00 of more than $25,000.00
in its current fiscal year if all of the charitable organization's
fund-raising functions are carried on by persons who are not paid
for their services. However, if a charitable organization otherwise
exempt under this subdivision receives actual total contributions
in that fiscal year of more than $25,000.00, the charitable
organization must obtain a license under this act within 30 days
after the date its total contributions in that fiscal year first
exceed $25,000.00.
(c)
An A charitable organization that does not invite the
general public to become a member of the organization and confines
solicitation activities to solicitation drives solely among its
members, and
the members' directors,
trustees, or their immediate
families. ,
if the drives are not held more frequently than
quarterly.
"Immediate family" for purposes of this subdivision
means the grandparents, parents, spouse, brothers, sisters,
children, and grandchildren of a member, director, or trustee.
(d) An educational institution certified by the state board of
education.
(e) A veterans' organization incorporated under federal law.
(f) An organization that receives funds from a charitable
organization licensed under this act that does not solicit or
intend to solicit or receive or intend to receive contributions
from
persons other than a the charitable organization, if the
organization makes available to its members and the public a
financial
statement of its activities for the its most recent
fiscal year.
(g)
A licensed hospital, hospital based foundation, and or
hospital
auxiliary that solicit funds solicits
money solely for 1
or more licensed hospitals.
(h) A nonprofit service organization that is exempt from
taxation pursuant to a provision of the United States internal
revenue code other than section 501(c)(3), whose principal purpose
is
not charitable, but that solicits money
from time to time funds
for
a charitable purpose by using
members of the organization who
are
not paid for the solicitation. The funds shall be wholly used A
nonprofit service organization must use all money it solicits under
this
subdivision for the charitable purposes
for which they were it
was solicited, and the organization shall file with the attorney
general a federal form 990 or 990 AR.
(i) A nonprofit corporation whose stock is wholly owned by a
religious or fraternal society that owns and operates facilities
for
the aged and chronically ill in which no part and does not use
any part of the net income from the operation of the corporation
inures
to for the benefit of a any person
other than the residents
of the facilities.
(j)
Charitable organizations A
charitable organization
licensed
by the department of social human
services that serve
serves children and families.
(k) A person registered under and complying with the
requirements of the public safety solicitation act, 1992 PA 298,
MCL 14.301 to 14.327.