ARIZONA
HOUSE OF REPRESENTATIVES
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SB 1077: fund solicitations; charities; unlawful acts |
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PRIME SPONSOR: Senator Barto, LD 15 BILL STATUS: Caucus & COW |
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Relating to unlawful acts for fund
solicitations.
Provisions
1. Makes it unlawful for a person to knowingly solicit a donation for a charitable purpose and misrepresent the donation as:
a. Being tax deductible;
b. Going to a non-profit corporation; or
c. Qualifying for a tax credit. (Sec. 1)
2. Makes technical changes. (Sec. 1)
Current Law
When planning, conducting or executing a solicitation for funds, it is unlawful to knowingly:
1. Use another organization's emblem, device or print without written consent;
2. Use a name, symbol or statement closely related to another organization to mislead the donor;
3. Misrepresent oneself or a business as a charitable organization;
4. Represent sponsors without written consent; or
5. Fail to post a clear and conspicuous sign stating that the donations received at a location will be resold to financially benefit another charitable organization.
The Arizona Attorney General may investigate and charge a person for a violation of the stated acts. A contracted fundraiser who knowingly commits any of the above acts is guilty of a Class 6 felony (1 yr./$150,000) and an independent solicitor who knowingly conducts any of the above acts is guilty of a Class 1 misdemeanor (6 mos./$2,500). (A.R.S. § 44-6561)
Knowingly means a person is aware or believes that his or her conduct or circumstances can be described as an offense and does not require any knowledge that the act or omission is unlawful. (A.R.S. § 13-105)
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Fifty-third Legislature SB 1077
Second Regular Session Version 2: Caucus & COW
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