A. Every professional solicitor employed or retained by a professional fundraiser required to register pursuant to this act, shall, before engaging in any solicitation of contributions by the professional fundraiser, register with the Office of the Secretary of State. An application for registration, signed by the solicitor, shall state the full legal name and street address of the professional fundraiser that employs the solicitor and shall be accompanied by a fee in the amount of Twenty-five Dollars ($25.00) of which Ten Dollars ($10.00) shall be deposited to the credit of the General Revenue Fund of the State Treasury. Ten Dollars ($10.00) of the fee shall be deposited to the credit of the Attorney General Charitable Solicitations Enforcement Revolving Fund and the remaining Five Dollars ($5.00) shall be deposited to the credit of the Secretary of State Charitable Solicitations Revolving Fund. Registration shall be for a period of one (1) year from the date of filing with the Secretary of State, and may be renewed annually upon the filing of a renewal application accompanied by a payment of the fee prescribed herein.

B. When requesting a contribution, the professional solicitor shall clearly disclose or provide contact information for the following information, if requested by the person being solicited:

1. The name of the professional fundraiser that employs or retains the professional solicitor, as set out in the registration statement filed with the Secretary of State, and the fact that the professional fundraiser is being paid for his or her services;

2. The name of the charitable organization the person represents and a description of how the contributions raised by the solicitation will be used; and

3. The percentage of the contributions solicited that the professional fundraiser is to receive and the registration number of the professional fundraiser, the charitable organization and the professional solicitor, as requested.

C. No person shall act as a professional solicitor if the person has been convicted by a court of any state or the United States of a felony or of a misdemeanor involving moral turpitude or arising from conduct by the person in connection with fundraising or the solicitation of any funds, for or on behalf of a charitable organization, or the use or expenditure of any funds raised, collected, or received in any fundraising activity.

D. Any registration form required to be filed under this section shall be executed by signature, without more, of the person signing the form, in which case the signature shall constitute the affirmation of the signatory, under penalty of perjury, that the signature is that person’s act and deed, and that the facts stated therein are true.

Added by Laws 1959, p. 90, § 9, emerg. eff. May 8, 1959. Amended by Laws 1978, c. 244, § 7, eff. July 1, 1978; Laws 1984, c. 79, § 6, emerg. eff. April 3, 1984; Laws 1994, c. 235, § 14, eff. Sept. 1, 1994; Laws 1997, c. 334, § 6, eff. July 1, 1997; Laws 1999, c. 421, § 7, eff. Nov. 1, 1999; Laws 2000, c. 6, § 4, emerg. eff. March 20, 2000; Laws 2010, c. 460, § 8, eff. July 1, 2011.

NOTE: Laws 1999, c. 377, § 4 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000.