CHAPTER 13C ORGANIZATIONS SOLICITING PUBLIC DONATIONS
This chapter not enacted as a part of this title; transferred from chapter 122 in Code 1993

13C.1 DEFINITIONS.
13C.2 REGISTRATION PERMIT REQUIRED -- DISCLOSURE.
13C.3 USE OF ANOTHER ORGANIZATION'S NAME IN SOLICITATION.
13C.4 THROUGH 13C.7
13C.8 ENFORCEMENT -- PENALTY.



        

13C.1 DEFINITIONS. 1. "Charitable organization" means a person who solicits or purports to solicit contributions for a charitable purpose and which receives contributions. "Charitable organization" does not include a political organization, a religious organization, or a state, regionally, or nationally accredited college or university. 2. "Charitable purpose" means a benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental, conservation, civic, or other charitable objective. In the case of law enforcement, emergency medical technician, paramedic, and fire fighter organizations, "charitable purpose" does not include funds raised through the sale of advertisements, products, or tickets for an event unless the organization represents that part of proceeds will be used to assist individuals other than the organization, its members, or their families. 3. "Political organization" means a political party, a candidate for office, or a political action committee required to file financial information with federal or state election or campaign commissions. 4. "Professional commercial fund-raiser" means any person who for compensation solicits contributions in Iowa for a charitable organization other than the person. A person whose sole responsibility is to mail fund-raising literature is not a professional commercial fund-raiser. A lawyer, investment counselor, or banker who advises a person to make a charitable contribution is not, as a result of such advice, a professional commercial fund-raiser. A bona fide salaried officer, employee, or volunteer of a charitable organization is not a professional commercial fund-raiser. 5. "Religious organization" means a religious corporation, trust, foundation, association, or organization incorporated or established for religious purposes. 6. "Solicit" or "solicitation" means the request, directly or indirectly, for a contribution on the pleas or representation that the contribution will be used for a charitable purpose. A solicitation is deemed to have taken place whether or not the person making the solicitation receives a contribution. "Solicitation" does not include an application for a grant from any governmental entity or private nonprofit foundation.

         Section History: Early Form

         [S13, § 5077-c; C24, § 1916; C27, 31, 35, § 1921-b1; C39, §
      1915.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 122.1]
      

         Section History: Recent Form

         89 Acts, ch 93, § 1; 90 Acts, ch 1202, § 1
         C93, § 13C.1
         Referred to in § 714H.3
        

13C.2 REGISTRATION PERMIT REQUIRED -- DISCLOSURE. 1. a. A professional commercial fund-raiser shall not solicit contributions for charitable purposes in this state unless the professional commercial fund-raiser has registered with the attorney general, has provided the attorney general with a listing of the professional commercial fund-raiser's clients, and has obtained a registration permit from the attorney general. The attorney general may require that registration information be updated on a quarterly basis. b. The attorney general shall prescribe and furnish the registration permit application form which shall include provisions for financial disclosure information concerning contributions received and disbursements made during the previous year by the professional commercial fund-raiser applying for registration. Financial disclosure information shall not include an applicant's donor lists. c. In lieu of filing the financial disclosure information at the time of registration, the professional commercial fund- raiser may file a statement with its permit application where it agrees to provide, without cost, the financial disclosure information required to be disclosed pursuant to this subsection to a person or government entity requesting the information within one day of the request. The statement shall include the telephone number, mailing address, and names of persons to be contacted to obtain the financial disclosure information of the fund-raiser. Failure to provide this information upon request shall be a violation of this chapter. 2. A charitable organization shall provide, upon request and without cost to the requesting party, financial disclosure information concerning contributions received and disbursements for the organization's last complete fiscal year, or, if the organization has not completed a full fiscal year, for its current fiscal year, to the attorney general or a person requesting the information within five days of the request. 3. a. If a professional commercial fund-raiser or charitable organization fails to provide financial information as required or requested, the fund-raiser or organization shall file the financial disclosure information with the attorney general within seven days of its failure to have provided the disclosure information and, thereafter, file, if required by the attorney general, annual financial disclosure information with the attorney general. b. The attorney general may seek an injunction pursuant to section 714.16 prohibiting the professional commercial fund- raiser or charitable organization from soliciting contributions until the required financial information has been disclosed to the attorney general, person, or government entity making the request. 4. The client lists of a professional commercial fund- raiser, if required to be filed as part of the application for registration, shall be confidential and may be used only for law enforcement purposes. 5. The attorney general shall collect a fee of ten dollars for each registration permit issued. A permit shall expire twelve months following the date of issuance. 6. The attorney general may make reasonable rules to enforce the provisions of this chapter.

         Section History: Early Form

         [S13, § 5077-c; C24, § 1917; C27, 31, 35, § 1921-b2; C39, §
      1915.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 122.2]
      

         Section History: Recent Form

         89 Acts, ch 93, § 2; 90 Acts, ch 1202, § 2
         C93, § 13C.2
        

13C.3 USE OF ANOTHER ORGANIZATION'S NAME IN SOLICITATION. A charitable organization shall not solicit contributions for a charitable purpose in this state, where the charitable organization claims that a portion or all of the contributions received will be given to another charitable organization in this state, without permission from the other charitable organization that its name may be referred to as part of the solicitation.

         Section History: Recent Form

         90 Acts, ch 1202, §3
         C93, § 13C.3
        

13C.4 THROUGH 13C.7 Reserved.

13C.8 ENFORCEMENT -- PENALTY. The attorney general shall enforce the provisions of this chapter. A violation of this chapter is a violation of section 714.16, subsection 2, paragraph "a". The provisions of section 714.16, including but not limited to provisions relating to investigation, injunctive relief, and penalties, shall apply to this chapter.

         Section History: Early Form

         [C24, § 1918; C27, 31, 35, § 1921-b3; C39, § 1915.3; C46, 50,
      54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 122.3] 

         Section History: Recent Form

         89 Acts, ch 93, § 3; 90 Acts, ch 1202, § 4
         C91, § 122.8
         C93, § 13C.8

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