WEST virginia legislature
2020 regular session
House Bill 4714
By Delegates Howell, C.
Martin and Ellington
(By Request of the West Virginia Secretary of State)
[Introduced February 06, 2020; Referred to the Committee on Government Organization.]
A BILL to amend and reenact §29-19-6 of the Code of West Virginia, 1931, as amended, relating to increasing the monetary threshold for requiring nonprofit organizations to register as a charitable organization to be consistent with the United States Internal Revenue Service and other states;
Be it enacted by the Legislature of West Virginia:
ARTICLE 19. SOLICITATION OF CHARITABLE FUNDS ACT.
§29-19-6. Certain persons and organizations exempt from registration.
The following charitable organizations are not required to file an annual registration statement with the Secretary of State:
(1) Educational institutions, the curriculums of which, in whole or in part, are registered or approved by the State Board of Education, either directly or by acceptance of accreditation by an accrediting body recognized by the State Board of Education; and any auxiliary associations, foundations and support groups which are directly responsible to the educational institutions;
(2) Persons requesting contributions for the relief of any individual specified by name at the time of the solicitation when all of the contributions collected without any deductions whatsoever are turned over to the named beneficiary for his or her use;
(3) Hospitals and licensed nursing homes which are nonprofit and charitable;
(4) Organizations which solicit only within the membership of the organization by the members thereof: Provided, That the term “membership” does not include those persons who are granted a membership upon making a contribution as the result of solicitation. For the purpose of this section, “member” means a person having membership in a nonprofit corporation, or other organization, in accordance with the provisions of its articles of incorporation, bylaws or other instruments creating its form and organization; and having bona fide rights and privileges in the organization, including the right to vote, to elect officers, directors and issues, to hold office or otherwise as ordinarily conferred on members of the organizations;
(5) Churches, synagogues, associations or conventions of churches, religious orders or religious organizations that are an integral part of a church which qualifies as tax exempt under the provisions of 26 U.S.C. §501(c)(3) and which qualifies as being exempt from filing an annual return under the provisions of 26 U.S.C. §6033;
(6) Any person, firm, corporation or organization that sponsors a single fund-raising event for the benefit of a named charitable organization where all or part of the funds collected are donated to the named charitable organization: Provided, That the named charitable organization receiving the funds is registered pursuant to this article, reports each of these donations individually and certifies that no funds were withheld by the organization that solicited the funds; and
(7) (A) Any
charitable organization that does not employ a professional solicitor or
fundraiser and does not intend to solicit and receive and does not actually
raise or receive contributions, donations or grants from the public in excess
$25,000 $50,000 during a calendar year.
(B) Charitable organizations which do not intend to
solicit and receive contributions, donations or grants in excess of
$50,000, but do receive in excess of that amount from the public, shall
file the annual registration statement within 30 days after contributions are
in excess of $25,000 $50,000.
NOTE: The purpose of this bill is to increase the monetary threshold for requiring nonprofit organizations to register as a charitable organization, to be consistent with the United States Internal Revenue Service and other states.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.