BILL REQ. #: H-1567.1
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 02/06/09. Referred to Committee on Judiciary.
AN ACT Relating to charitable organizations; amending RCW 19.09.076, 19.09.520, and 19.09.530; adding new sections to chapter 19.09 RCW; and adding a new section to chapter 24.03 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A charitable organization that is exempt
under RCW 19.09.076(1)(a) must register with the secretary in a form to
be prescribed by the secretary if the charitable organization raises
more than one thousand dollars in charitable solicitations in any
accounting year and engages in solicitations from the general public
more than once in any accounting year. The form must include the name,
address, and telephone number of the charitable organization; a
statement that the charitable organization meets the requirements for
the exemption under RCW 19.09.076(1)(a); and other information as
determined by the secretary. The form must be signed and dated by the
president, treasurer, or other officer of the charitable organization.
Sec. 2 RCW 19.09.076 and 2007 c 471 s 4 are each amended to read
as follows:
(1) The application requirements of RCW 19.09.075 do not apply to:
(a) Any charitable organization raising less than an amount as set
by rule adopted by the secretary in any accounting year when all the
activities of the organization, including all fund raising activities,
are carried on by persons who are unpaid for their services and no part
of the charitable organization's assets or income inures to the benefit
of or is paid to any officer or member of the organization. A
charitable organization exempt under this subsection must comply with
the registration requirements in section 1 of this act;
(b) Political organizations; or
(c) Appeals for funds on behalf of a specific individual named in
the solicitation, but only if all of the proceeds of the solicitation
are given to or expended for the direct benefit of that individual.
(2) All entities soliciting contributions for charitable purposes
shall comply with the requirements of RCW 19.09.100.
NEW SECTION. Sec. 3 The secretary shall refer to the attorney
general for enforcement any case involving a charitable organization
that:
(1) Files the registration required under section 1 of this act
when the charitable organization does not meet the requirements for the
exemption under RCW 19.09.076(1)(a);
(2) Is required to file the registration required under section 1
of this act and the charitable organization, after notification from
the secretary, fails to file the registration within forty-five days
following the issuance of the notice; or
(3) Fails to comply with the requirements of section 4 of this act.
NEW SECTION. Sec. 4 A new section is added to chapter 24.03 RCW
to read as follows:
A corporation organized under this chapter that is a charitable
organization as defined in RCW 19.09.020 must register as a charitable
organization in accordance with chapter 19.09 RCW within forty-five
days of the issuance of a certificate of incorporation by the secretary
of state. At the time the certificate of incorporation is issued, the
secretary of state shall notify the corporation of the requirement
imposed by this section.
NEW SECTION. Sec. 5 A governmental entity may not contract with
or provide grants to a charitable organization or an organization that
holds itself out as a charitable organization unless the governmental
entity has determined that the organization is in compliance with the
registration requirements of chapter 19.09 RCW. For the purposes of
this section, "governmental entity" means any agency, department, or
division of the state, or a county, city, town, municipal corporation,
quasi-municipal corporation, school district, special purpose district,
or other political subdivision of the state.
Sec. 6 RCW 19.09.520 and 2007 c 471 s 13 are each amended to read
as follows:
(1) To provide for a charitable organization education program as
authorized in RCW 19.09.510, the secretary ((may establish)) shall
charge an additional fee((s)) of ten dollars on original registrations
and annual renewals for entities filing with the secretary as
organizations pursuant to this chapter.
(2) The fee((s)) authorized in this section ((are)) is in addition
to the ((existing)) fees established under section 8 of this act and
other fees established by the secretary in rule for organizations
required to register under this chapter.
Sec. 7 RCW 19.09.530 and 2007 c 471 s 14 are each amended to read
as follows:
The charitable organization education account is created in
(([the])) the custody of the state ((treasury)) treasurer. All
receipts from the fee((s)) authorized in RCW 19.09.520(1) must be
deposited into the account. ((Moneys in the account may be spent only
after appropriation.)) Expenditures from the account may be used only
for the charitable organization education program authorized in RCW
19.09.510. Only the secretary may authorize expenditures from the
account. The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
NEW SECTION. Sec. 8 The secretary of state shall charge and
collect:
(1) For an original registration of a charitable organization, a
fee of fifty dollars for the first year of registration; and
(2) For an annual renewal of a charitable organization
registration, a renewal fee of forty dollars.
NEW SECTION. Sec. 9 Sections 1, 3, 5, and 8 of this act are each
added to chapter