TITLE 5

Businesses and Professions

CHAPTER 5-53.1

Solicitation by Charitable Organizations

SECTION 5-53.1-8



   § 5-53.1-8  Professional fund raisers and

fund raising counsel. –

(a) No person shall act, operate or transact business as a professional fund

raiser or fund raising counsel in this state before he, she or it has

registered with the director or after the expiration or cancellation of such

registration. Applications for registration and re-registration shall be in

writing, under oath and penalty of perjury, in the form prescribed by the

director and shall be accompanied by an annual fee in the sum of two hundred

forty dollars ($240). A professional fund raiser who has access or the ability

to access or control funds that are being solicited shall at the time of making

application for registration or re-registration, file with, and have approved

by, the director a bond. In the bond, the filer shall be the principal obligor,

in the sum of ten thousand dollars ($10,000), with one or more sureties whose

liability in the aggregate as sureties will at least equal that sum. The bond

which may be in the form of a rider to a larger blanket liability bond shall

run to the director for the use of the state and to any person who may have a

cause of action against the obligor of the bond for any malfeasance or

misfeasance in the conduct of the solicitation. Registration or re-registration

when effected shall be for a period of one year, or a part thereof, expiring on

the thirtieth (30th) day of June. An application for re-registration shall be

filed no more than thirty (30) days prior to the expiration of the

registration. Applications for registration and re-registration and bonds when

filed with the director, shall become public records in the office of the

director. If there is any material change in the information provided in any

application for registration and re-registration, the applicant or registrant

shall notify the director, in writing, within twenty (20) days of the change.



   (b) A professional fund raiser and fund raising counsel shall

maintain accurate and current books and records of all activities while

required to be registered under subsection (a) of this section; and, until at

least three (3) years shall have elapsed after the end of the effective period

of the registration to which they relate, the books and records shall be

maintained in an office available for inspection and examination by the

director; provided, that any books and records obtained by the director shall

not be available to the public for inspection. The professional fund raiser or

fund raising counsel shall not be required to make available to the director

the names and addresses of members and donors, except with their consent or the

consent of the organization or through legal process where good cause has been

shown by the director to question compliance with this chapter and access to

the information is necessary to determine compliance. Nothing contained in this

section shall be construed to limit an organization's ability to challenge the

process on constitutional grounds.



History of Section.

(P.L. 1999, ch. 152, § 2; P.L. 2009, ch. 68, art. 12, § 4.)