No. 29143 (Amendment): R152-22. Charitable Solicitations Act

DAR File No.: 29143
Filed: 10/20/2006, 04:08
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change accommodates the steady increase each year in the number of applications and renewals for professional fund raiser, fund raising counsel, or consultant permits.

Summary of the rule or change:

The proposed amendment extends the time that initial applications for professional fund raiser, fund raising counsel, or consultant permits and renewals of registration must be processed from 10 business days to 20 business days. The proposed amendment also updates statutory references.

State statutory or constitutional authorization for this rule:

Sections 13-2-5, 13-22-6, and 13-22-9

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget because the proposed amendment only extends the time that initial application and renewals must be processed and updates statutory references.

local governments:

The proposed amendment does not apply to local governments; therefore, no costs or savings are anticipated.

other persons:

There are no anticipated costs or savings to other persons because the proposed amendment only extends the time that initial application and renewals must be processed and updates statutory references.

Compliance costs for affected persons:

No compliance costs will be incurred due to the nature of the rule because the proposed amendment only extends the time that initial application and renewals must be processed and updates statutory references.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing extends the Division's time frame for processing of registration applications and renewals, which is necessary due to the increased applications received by the Division. It is not clear what if any impact there will be to businesses as a result of this filing. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Consumer Protection
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Thomas Copeland at the above address, by phone at 801-530-6601, by FAX at 801-530-6001, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2006

This rule may become effective on:

12/22/2006

Authorized by:

Kevin V Olsen, Director

RULE TEXT

R152. Commerce, Consumer Protection.

R152-22. Charitable Solicitations Act.

R152-22-3. Application for Charitable Organization Permit.

(1) Any application for registration as a charitable organization shall be executed on the form authorized by the Division.

(2) A statement of collections and expenditures shall be executed on the form authorized by the division.

(3) Applicants or registrants shall submit to the division, on request:

(a) an updated copy of a financial statement prepared by an independent certified public accountant;

(b) a copy of any written contracts, agreements or other documents showing to whom the applicant or registrant disbursed the funds or a portion of the funds contributed to it;

(c) a copy of the applicant's or registrant's articles of incorporation or other organizational documentation showing current legal status;

(d) a copy of the applicant's or registrant's current by-laws or other policies and procedures governing day to day operations;

(e) a setting forth of the applicant's or registrant's registered agent within the State of Utah for purposes of service of process, including his, her or its name, street address, telephone and facsimile numbers;

(f) a copy of the applicant's or registrant's IRS Section 501(c)(e) tax exemption letter, if applicable;

(g) either the social security number or driver's license number of each of the applicant's or registrant's board of directors and officers, if a corporation, or partners or the individual applicant or registrant, for the purposes of background checks; and

(h) a copy of the applicant's IRS Form 990, 990EZ or 990PF.

(4) All initial applications and renewals of registration in accordance with Section [13-22-12(5)]13-22-5 shall be processed within twenty (20) business days after their receipt by the division.

 

R152-22-6. Application for Professional Fund Raiser, Fund Raising Counsel or Consultant Permit.

(1) Any application for a professional fund raiser, fund raising counsel or consultant permit shall be executed on the form provided by the Division.

(2) The application shall include a copy of all contracts, agreements, or other documents showing:

(a) the relationship and terms of employment or engagement between the applicant and the organization on whose behalf the applicant proposes to act as a professional fund raiser, fund raising counsel or consultant;

(b) the terms of any direct or indirect compensation, in whatever form, paid or promised to the applicant, including the method of payment and the basis for calculating the amounts of payment;

(c) a copy of the applicant's or registrant's articles of incorporation or other organizational documentation showing current legal status;

(d) a copy of the applicant's or registrant's current by-laws or other policies and procedures governing day to day operations;

(e) a setting forth of the applicant's or registrant's registered agent within the State of Utah for purposes of service of process, including his, her or its name, street address, telephone and facsimile numbers; and

(f) either the social security number or driver's license number of each of the applicant's or registrant's board of directors and officers, if a corporation, or partners or the individual applicant or registrant, for the purposes of background checks.

(3) All initial applications and renewals of registration in accordance with Section [13-22-12(5)]13-22-5 shall be processed within [10]twenty (20) business days [of]after their receipt by the division.

 

KEY: charity, consumer protection, solicitations

Date of Enactment or Last Substantive Amendment: [May 16, ]2006

Notice of Continuation: October 30, 2002

Authorizing, and Implemented or Interpreted Law: 13-2-5; 13-22-6; 13-22-8; 13-22-9; 13-22-10