November 12, 2008, Introduced by Rep. Tobocman and referred to the Committee on Commerce.
A bill to amend 1975 PA 169, entitled
"Charitable organizations and solicitations act,"
by amending section 3 (MCL 400.273).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
3. (1) Before a solicitation, a Unless the charitable
organization
which is not an exempt organization and which is not
described
in that is exempt from
licensing and reporting under
section
13, which a charitable
organization that solicits or
intends to solicit or receives or intends to receive contributions
from
persons by any means whatsoever, shall file an application for
a
license under this act with the
attorney general, upon on forms
prescribed
by him , an application for a license or her.
It
(2) An application for a license under this act shall include
the following information:
(a)
The name of the organization and the any name under which
it
intends it uses or intends to
use to solicit contributions.
(b) The principal address of the organization and the address
of any office in this state. If the organization does not maintain
a principal office, the organization shall include the name and
address
of the person having that
has custody of its financial
records.
(c) The names and addresses of the officers, directors,
trustees, chief executive officer, and state agent of the
organization.
(d) Where and when the organization was legally established,
the form of its organization, and its tax exempt status.
(e)
The purpose for which it the
organization is organized and
the purposes for which contributions to be solicited will be used.
(f) The fiscal year date of the organization.
(g) Whether the organization is or has ever been enjoined from
soliciting contributions.
(h) All methods by which solicitations will be made.
(i) Copies of contracts between charitable organizations and
professional fund raisers relating to financial compensation or
profit
to be derived by the professional fund raisers. When the If
a contract described in this subdivision is executed after filing
of
the application, statement, the organization shall file a
copy
shall
be filed of the contract with
the attorney general within 10
days of the date of execution.
(j) For the purpose of determining whether a charitable
organization meets the monetary thresholds described in subdivision
(k), the amount of contributions and net fund-raising revenue it
received in its immediately preceding tax year, as reported on the
charitable organization's internal revenue form 990, 990-EZ, or
990-PF, excluding government grants and contributions and
restricted grants from foundations.
(k) If the charitable organization received contributions in
its immediately preceding tax year, as reported on the charitable
organization's internal revenue service form 990, 990-EZ, or 990-
PF, excluding government grants and contributions and restricted
grants from foundations, in the amount of $500,000.00 or more,
financial statements prepared according to generally accepted
accounting principles that are audited by an independent certified
public accountant. If the charitable organization received
contributions in its immediately preceding tax year, as reported on
the charitable organization's internal revenue service form 990,
990-EZ, or 990-PF, excluding government grants and contributions
and restricted grants from foundations, in the amount of
$250,000.00 or more, but less that $500,000.00, the charitable
organization shall provide financial statements that are either
reviewed or audited by an independent certified public accountant.
The attorney general may waive this requirement 1 time for a
charitable organization.
(l) (j)
Other information as required by
rule.