Engrossed Version
Senate Bill 480 History
OTHER VERSIONS -
Introduced Version
|
Enrolled Version - Final Version
|
| 
Email
Key: Green = existing Code. Red = new code to be enacted
ENGROSSED
Senate Bill No. 480
(By Senator Caldwell)
____________
[Introduced February 6, 2004; referred to the Committee on the
Judiciary.]
____________
A BILL to amend and reenact §29-19-6 of the code of West Virginia,
1931, as amended, relating to exempting nonprofit licensed
nursing homes from registration under the solicitation of
charitable funds act.
Be it enacted by the Legislature of West Virginia:
That §29-19-6
of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 19. SOLICITATION OF CHARITABLE FUNDS ACT.
§29-19-6. Certain persons and organizations exempt from
registration.
The following charitable organizations shall not be 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 any such 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" shall 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, such as the right to vote, to elect officers,
directors and issues, to hold office or otherwise as ordinarily
conferred on members of such 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;
(7) Any charitable organization that does not employ a
professional solicitor or fund-raiser and does not intend to
solicit and receive and does not actually raise or receive
contributions from the public in excess of twenty-five thousand
dollars during a calendar year.
Charitable organizations which do not intend to solicit and
receive in excess of twenty-five thousand dollars, but do receive
in excess of that amount from the public, shall file the annual
registration statement within thirty days after contributions are
in excess of twenty-five thousand dollars.
Webmaster | © 2024 West Virginia Legislature **
