S.F. _____ H.F. _____ Section 1. NEW SECTION . 13D.1 Definitions. 1 1. “Business association” means the same as defined in 2 section 202B.102. 3 2. “Charitable organization” means a person who solicits or 4 purports to solicit contributions for a charitable purpose and 5 who receives contributions. 6 3. “Charitable purpose” means a benevolent, educational, 7 philanthropic, humane, scientific, patriotic, social welfare or 8 advocacy, public health, environmental, conservation, civic, 9 or other charitable objective. 10 4. “Charitable sales promotion” means an advertising or 11 sales campaign which is conducted by a commercial coventurer 12 and which represents that the purchase or use of goods or 13 services offered by the commercial coventurer will benefit, in 14 whole or in part, a charitable organization or purpose. 15 5. “Commercial coventurer” means a person who, for profit, 16 is regularly and primarily engaged in trade or commerce, other 17 than in connection with soliciting for charitable organizations 18 or purposes, and who conducts a charitable sales promotion. 19 6. a. “Contribution” means the grant, promise, or pledge 20 of money, credit, property, financial assistance, or any other 21 thing of value provided in response to a solicitation. 22 b. “Contribution” does not include bona fide fees, dues, 23 or assessments paid by members of a charitable organization 24 if membership in the organization is not conferred primarily 25 as consideration for making a contribution in response to a 26 solicitation. 27 7. “Internal Revenue Code” means 26 U.S.C. § 1 et seq., 28 designated as the Internal Revenue Code of 1986 by the Tax 29 Reform Act of 1986, Pub. L. No. 99-514, including amendments. 30 8. “Internal revenue service” means the internal revenue 31 service of the United States department of the treasury. 32 9. “Political organization” means a political party, a 33 candidate for federal or state office, or a political action 34 committee formed pursuant to the federal Election Campaign 35 -1- LSB 1247DP (5) 84 da/nh 1/ 16

S.F. _____ H.F. _____ Act, 2 U.S.C. § 431 et seq., and required to file financial 1 information with federal or state elections commissions. 2 10. “Professional commercial fund-raiser” means any person 3 who for compensation solicits contributions in Iowa for a 4 charitable organization other than the person. A person whose 5 sole responsibility is to mail fund-raising literature is not a 6 professional commercial fund-raiser. 7 a. “Professional commercial fund-raiser” includes any 8 person, other than a bona fide officer or regular employee of 9 a charitable organization, who is retained by a charitable 10 organization for a fixed fee or rate under a written agreement 11 to plan, manage, advise, consult, or prepare material for or 12 with respect to the solicitation in this state of contributions 13 for a charitable organization but who does not solicit 14 contributions or employ, procure, or engage any compensated 15 person to solicit contributions. 16 b. “Professional commercial fund-raiser” is not any of the 17 following: 18 (1) An attorney licensed to practice law, an investment 19 adviser or investment adviser representative as defined in 20 section 502.102, or a person engaged in banking as provided in 21 section 554.4105, when advising a person to make a charitable 22 contribution. 23 (2) A bona fide salaried officer, employee, or volunteer of 24 a charitable organization. 25 (3) A person soliciting contributions pursuant to a 26 contract with any of the following: 27 (a) A political organization. 28 (b) A religious organization. 29 11. “Record” means a book, financial statement, paper, 30 correspondence, memorandum, agreement, or other information in 31 a printed or electronic form that the attorney general deems 32 relevant or material to an inquiry made under this chapter. 33 12. “Religious organization” means an organization that 34 is exempt from filing a federal annual information return 35 -2- LSB 1247DP (5) 84 da/nh 2/ 16

S.F. _____ H.F. _____ pursuant to 26 U.S.C. § 6033(a)(3)(A)(i) or (iii), 26 U.S.C. § 1 6033(a)(3)(C)(i), or pursuant to 26 C.F.R. § 1.6033-2(g)(1)(i) 2 through (iv), or 26 C.F.R. § 1.6033-2(g)(1)(vii). 3 13. a. “Solicit” or “solicitation” means a request, 4 made directly or indirectly, for a contribution on the 5 representation that the contribution will be used for a 6 charitable purpose, regardless of whether or not the person 7 making the solicitation receives a contribution. 8 b. “Solicitation” does not include an application for 9 a grant from any governmental entity or private nonprofit 10 foundation. 11 14. “Solicitation campaign” means more than one solicitation 12 made by the same person, if the solicitations are similar in 13 content or are based on a similar representation, and any of 14 the following applies: 15 a. The solicitations result in or are represented to result 16 in an event. 17 b. The solicitations occur or are intended to occur for a 18 specific time period. 19 c. The solicitations occur for an indefinite period of time 20 within the same calendar year. 21 15. “Volunteer” means a person who performs a service for a 22 charitable organization or charitable purpose and who does not 23 receive financial remuneration or who has not been expressly 24 nor impliedly promised to be paid financial remuneration for 25 performing such service. 26 Sec. 2. NEW SECTION . 13D.2 Charitable organization —— 27 registration requirements. 28 1. A charitable organization must be registered with the 29 attorney general prior to soliciting a contribution in this 30 state by any means, having a contribution solicited in this 31 state on its behalf by any other person, or participating in 32 a charitable sales promotion. 33 2. In order to be registered, a charitable organization must 34 do all of the following: 35 -3- LSB 1247DP (5) 84 da/nh 3/ 16

S.F. _____ H.F. _____ a. File a registration statement with the attorney general. 1 b. Comply with the annual renewal requirement as provided in 2 this chapter. 3 c. Pay any filing fee required pursuant to section 13D.3. 4 3. A registration statement shall contain information 5 required by the attorney general, including but not limited to 6 all of the following: 7 a. The name of the charitable organization, the purpose for 8 which it is organized, and the name or names under which it 9 intends to solicit a contribution. 10 b. The mailing address, electronic mail address, and 11 telephone number of the principal place of business of the 12 charitable organization and the mailing address, electronic 13 mail address, and telephone number of each of its offices 14 maintained in this state. If the charitable organization 15 does not maintain an office in this state, the registration 16 statement shall include the name, mailing address, electronic 17 mail address, and telephone number of the person who has 18 custody of the charitable organization’s financial records. 19 c. The name and address of each officer, director, trustee, 20 or executive personnel of the charitable organization. 21 d. The last day of the fiscal year of the charitable 22 organization. 23 e. The place and date when the charitable organization was 24 legally established, the legal form of its organization, and 25 its tax-exempt status. 26 f. The name and address of each professional commercial 27 fund-raiser and each commercial coventurer who is acting or has 28 agreed to act on behalf of the charitable organization. If the 29 professional commercial fund-raiser or commercial coventurer 30 is a business association organized as a legal entity, the 31 charitable organization shall list only the name and address of 32 the business association. 33 g. Any other information determined relevant by the attorney 34 general. 35 -4- LSB 1247DP (5) 84 da/nh 4/ 16

S.F. _____ H.F. _____ 4. A charitable organization required to register under 1 this chapter shall file a financial report with the attorney 2 general. The financial report shall include information for 3 the charitable organization’s most recent fiscal year. The 4 charitable organization shall file the financial report on or 5 before the fifteenth day of the fifth calendar month after the 6 close of each fiscal year of the charitable organization. 7 a. The charitable organization may file, in lieu of a 8 financial report, a copy of its completed federal tax form 9 990 as promulgated by the internal revenue service for the 10 charitable organization’s most recent fiscal year, including 11 all schedules except schedules of donors, for the most recent 12 fiscal year. 13 b. A charitable organization may apply to the attorney 14 general requesting an extension of time to file a financial 15 report or a copy of a federal tax form 990 as provided in 16 paragraph “a” . The attorney general shall consider and approve 17 or disapprove such application under terms, conditions, 18 and procedures that are substantially similar to the terms, 19 conditions, and procedures established by the internal revenue 20 service when considering and approving or disapproving an 21 extension of time to file a federal tax form 990. During the 22 extension period the charitable organization shall file a copy 23 of its most recently filed federal tax form 990 or such other 24 financial information that the attorney general may require. 25 c. A charitable organization that was first legally 26 established within twelve months prior to being required to 27 register and thus cannot complete a financial report or a 28 federal tax form 990 as provided in paragraph “a” , shall file a 29 preliminary financial report based on a good faith estimate for 30 its first full fiscal year. 31 5. a. A charitable organization required to register under 32 this chapter shall file with the attorney general a statement 33 of amendment reflecting any changes materially affecting the 34 charitable organization’s identity or business, including but 35 -5- LSB 1247DP (5) 84 da/nh 5/ 16

S.F. _____ H.F. _____ not limited to a change to its: 1 (1) Name. 2 (2) Address. 3 (3) Officers, directors, trustees, or executive personnel. 4 (4) Form of business association. 5 (5) Tax status. 6 b. The statement of amendment shall be filed concurrently 7 with the next financial report required to be filed pursuant to 8 this chapter. 9 6. Each chapter, branch, or affiliate of a charitable 10 organization that is required to file a registration statement 11 or statement of amendment under this section shall do one of 12 the following: 13 a. File a separate registration statement or statement of 14 amendment. 15 b. Report the necessary information to its parent charitable 16 organization which shall file a consolidated registration 17 statement or statement of amendment. 18 7. Each registration application, financial report, or 19 statement of amendment required to be filed pursuant to this 20 section shall be signed and sworn to under oath by an officer 21 of the charitable organization, which may include but is not 22 limited to its chief fiscal officer. 23 Sec. 3. NEW SECTION . 13D.3 Charitable organization —— 24 filing fee. 25 1. A charitable organization required to file a financial 26 report or a federal tax form 990 in lieu of the financial 27 report as provided in section 13D.2, shall pay an annual filing 28 fee to the attorney general, as provided in subsection 2. 29 2. The amount of the annual filing fee shall be based on the 30 total receipts collected by the charitable organization from 31 all solicitations in this state during the period covered in 32 its financial report, or its federal tax form 990, being filed. 33 a. For receipts of $100,000 or 34 more but less than $250,000 ............................... $50 35 -6- LSB 1247DP (5) 84 da/nh 6/ 16

S.F. _____ H.F. _____ b. For receipts of $250,000 or 1 more but less than $500,000 ............................... $75 2 c. For receipts of $500,000 or 3 more but less than $2,000,000 ............................ $150 4 d. For receipts of $2,000,000 or 5 more but less than $5,000,000 ............................ $250 6 e. For receipts of $5,000,000 or 7 more ..................................................... $500 8 Sec. 4. NEW SECTION . 13D.4 Charitable organization —— 9 exemptions. 10 A charitable organization is not required to be registered 11 and is not required to file a financial report as provided in 12 section 13D.2, if the charitable organization is any of the 13 following: 14 1. A political organization. 15 2. A religious organization. 16 3. a. A charitable organization, if any of the following 17 applies: 18 (1) It is required to furnish the internal revenue service 19 an electronic annual notification pursuant to the Internal 20 Revenue Code, 26 U.S.C. § 6033(i). 21 (2) It does not receive contributions from more than ten 22 persons during the charitable organization’s fiscal year. 23 b. The exemption authorized in paragraph “a” does not 24 apply to a charitable organization that has contracted with a 25 professional commercial fund-raiser to solicit contributions in 26 this state for the charitable organization. 27 4. a. A foundation acting solely for the support of an 28 institution governed by the state board of regents. 29 b. A foundation acting solely for the support of an 30 institution governed by chapter 260C. 31 c. A private foundation as defined in the Internal Revenue 32 Code, 26 U.S.C. § 509(a), organized for the support of a 33 government body. 34 5. a. A member organization which is limited to 35 -7- LSB 1247DP (5) 84 da/nh 7/ 16

S.F. _____ H.F. _____ a fraternal, patriotic, social, educational, alumni, 1 professional, or trade association which restricts the 2 solicitation of contributions to persons who have a right to 3 vote as a member. 4 b. As used in paragraph “a” , “member” does not include a 5 person who is granted a membership to an organization upon 6 making a contribution as a result of a solicitation. 7 Sec. 5. NEW SECTION . 13D.5 Attorney general —— electronic 8 filing. 9 The attorney general shall take steps to cooperate with 10 other states and the federal government to establish a joint 11 state and federal electronic filing project for charitable 12 organizations making solicitations as provided in this chapter. 13 To every extent feasible, the project shall involve state 14 government offices regulating charitable promotion and the 15 internal revenue service to enable and promote the electronic 16 filing of uniform multistate registration statements and 17 federal annual information returns. 18 Sec. 6. NEW SECTION . 13D.6 Charitable organization —— use 19 of another organization’s name in solicitation. 20 A charitable organization shall not solicit contributions 21 for a charitable purpose in this state, where the charitable 22 organization claims that a portion or all of the contributions 23 received will be given to another charitable organization 24 in this state, without permission from the other charitable 25 organization that its name may be referred to as part of the 26 solicitation. 27 Sec. 7. NEW SECTION . 13D.7 Professional commercial 28 fund-raiser —— registration and filing fee. 29 1. A professional commercial fund-raiser must be registered 30 with the attorney general prior to soliciting a contribution in 31 this state on behalf of a charitable organization. 32 2. In order to be registered, a professional commercial 33 fund-raiser shall file a registration statement as described in 34 this section. 35 -8- LSB 1247DP (5) 84 da/nh 8/ 16

S.F. _____ H.F. _____ 3. A registration statement shall contain information 1 required by the attorney general, including but not limited to 2 all of the following: 3 a. The mailing address, electronic mail address, and 4 telephone number of the principal place of business of the 5 professional commercial fund-raiser, and the electronic mail 6 address and telephone number of its principal contact person. 7 b. A listing of the professional commercial fund-raiser’s 8 clients. 9 c. Financial disclosure information concerning 10 contributions received and disbursements made during the 11 previous fiscal year. Financial disclosure information shall 12 not include an applicant’s donor lists. 13 d. Copies of contracts executed by the professional 14 commercial fund-raiser and a charitable organization as 15 provided in section 13D.8. 16 e. Any other information deemed relevant by the attorney 17 general. 18 4. The attorney general may require that registration 19 information be updated on a quarterly basis. 20 5. A professional commercial fund-raiser shall pay 21 the attorney general a fee of one hundred dollars for each 22 registration. 23 6. A professional commercial fund-raiser shall file with 24 the attorney general a statement of amendment reflecting any 25 changes to its client list or to its existing contracts within 26 sixty days of such changes. 27 7. The registration of a professional commercial 28 fund-raiser with the attorney general is valid for twelve 29 months. 30 8. A professional commercial fund-raiser may submit an 31 application for renewal of registration in the same manner as 32 for initial registration. 33 Sec. 8. NEW SECTION . 13D.8 Professional commercial 34 fund-raiser —— contract with a charitable organization. 35 -9- LSB 1247DP (5) 84 da/nh 9/ 16

S.F. _____ H.F. _____ This section applies to a professional commercial 1 fund-raiser’s contractual relationship with a charitable 2 organization that is required to be registered as provided in 3 section 13D.2 or is not required to be registered as provided 4 in that section because it is a member organization exempt from 5 registration pursuant to section 13D.4. 6 1. A contract executed between a professional commercial 7 fund-raiser and a charitable organization shall be in writing 8 and signed by an authorized official of the charitable 9 organization. The professional commercial fund-raiser shall 10 provide a copy of the contract to the charitable organization 11 prior to the performance of any material services under the 12 contract. 13 2. A contract executed between the professional commercial 14 fund-raiser and a charitable organization shall contain at 15 least all of the following provisions: 16 a. A statement of the charitable purpose for which the 17 solicitation campaign is being conducted. 18 b. A statement of the respective obligations of the 19 professional commercial fund-raiser and the charitable 20 organization. 21 c. Whether the professional commercial fund-raiser will at 22 any time have custody or control of contributions. 23 d. A clear statement of the fees that will be paid to the 24 professional commercial fund-raiser or, if the fees are to be 25 calculated based on a percentage of contributions or other 26 formula, a clear statement of the percentage or other formula. 27 e. The effective and termination dates of the contract. 28 Sec. 9. NEW SECTION . 13D.9 Professional commercial 29 fund-raiser —— solicitation campaign. 30 Prior to commencing a solicitation campaign in the state, a 31 professional commercial fund-raiser must file with the attorney 32 general a description of the manner in which the solicitation 33 campaign will be conducted, including but not limited to copies 34 of any telephone calling scripts, mail solicitations, and 35 -10- LSB 1247DP (5) 84 da/nh 10/ 16

S.F. _____ H.F. _____ pledge mailing materials. 1 Sec. 10. NEW SECTION . 13D.10 Rules and forms. 2 1. The attorney general may adopt rules as necessary to 3 administer and enforce the provisions of this chapter. 4 2. The attorney general may prescribe forms determined 5 necessary or convenient to administer this chapter, including 6 but not limited to forms associated with registration 7 requirements for charitable organizations and professional 8 commercial fund-raisers. 9 Sec. 11. NEW SECTION . 13D.11 Attorney general authority to 10 administer this chapter. 11 1. The submission of records including but not limited to 12 contracts, scripts, and mail solicitations to the attorney 13 general pursuant to the filing requirements of this chapter do 14 not constitute the attorney general’s approval of the records 15 submitted. 16 2. The attorney general may reject the registration of a 17 charitable organization or professional commercial fund-raiser 18 for failing to comply with the requirements of this chapter. 19 3. The attorney general may examine any information that the 20 attorney general deems is or may be relevant to a filing by a 21 charitable organization or professional commercial fund-raiser 22 pursuant to this chapter. 23 Sec. 12. NEW SECTION . 13D.12 Enforcement —— penalty. 24 1. The attorney general shall enforce the provisions of this 25 chapter. 26 2. A violation of this chapter is a violation of section 27 714.16, subsection 2, paragraph “a” . The provisions of section 28 714.16, including but not limited to provisions relating to 29 investigation, injunctive relief, and penalties, shall apply to 30 this chapter. 31 Sec. 13. NEW SECTION . 13D.13 Funds collected —— charitable 32 solicitations administration fund —— appropriation. 33 A charitable solicitations administration fund is created 34 as a separate fund in the state treasury to be administered 35 -11- LSB 1247DP (5) 84 da/nh 11/ 16

S.F. _____ H.F. _____ by the attorney general. Moneys collected by the attorney 1 general under this chapter shall be deposited in the fund. 2 The moneys in the fund are appropriated to the department of 3 justice exclusively for public education relating to charitable 4 solicitations and for enforcement of the provisions of this 5 chapter. Notwithstanding section 8.33, any moneys in the fund 6 shall not revert. Notwithstanding section 12C.7, subsection 7 2, interest or earnings on moneys deposited in the fund shall 8 be credited to the fund. 9 Sec. 14. Section 714H.2, Code 2011, is amended by adding the 10 following new subsections: 11 NEW SUBSECTION . 7A. “Political organization” means a 12 political party, a candidate for office, or a political action 13 committee required to file financial information with federal 14 or state election or campaign commissions. 15 NEW SUBSECTION . 7B. “Religious organization” means 16 a religious corporation, trust, foundation, association, 17 or organization incorporated or established for religious 18 purposes. 19 Sec. 15. Section 714H.3, subsection 1, Code 2011, is amended 20 to read as follows: 21 1. A person shall not engage in a practice or act the 22 person knows or reasonably should know is an unfair practice, 23 deception, fraud, false pretense, or false promise, or the 24 misrepresentation, concealment, suppression, or omission of 25 a material fact, with the intent that others rely upon the 26 unfair practice, deception, fraud, false pretense, false 27 promise, misrepresentation, concealment, suppression, or 28 omission in connection with the advertisement, sale, or lease 29 of consumer merchandise, or the solicitation of contributions 30 for charitable purposes. For the purposes of this chapter , 31 a claimant alleging an unfair practice, deception, fraud, 32 false pretense, false promise, or misrepresentation must prove 33 that the prohibited practice related to a material fact or 34 facts. “Solicitations of contributions for charitable purposes” 35 -12- LSB 1247DP (5) 84 da/nh 12/ 16

S.F. _____ H.F. _____ does not include solicitations made on behalf of a political 1 organization as defined in section 13C.1 , solicitations made 2 on behalf of a religious organization as defined in section 3 13C.1 , solicitations made on behalf of a state, regionally, or 4 nationally accredited college or university, or solicitations 5 made on behalf of a nonprofit foundation benefiting a state, 6 regionally, or nationally accredited college or university 7 subject to section 509(a)(1) or 509(a)(3) of the Internal 8 Revenue Code of 1986. 9 Sec. 16. APPROPRIATIONS —— CHARITABLE SOLICITATIONS 10 ADMINISTRATION. 11 1. There is appropriated from the consumer education and 12 litigation fund created in section 714.16C to the department 13 of justice for the fiscal period beginning July 1, 2011, and 14 ending June 30, 2013, the following amount, or so much thereof 15 as is necessary, to be used for the purposes designated: 16 For supporting the administration and enforcement of this 17 Act, including the registration of charitable organizations 18 and professional fund-raisers and the collection and public 19 dissemination of information: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 21 2. The department of justice shall repay the amount 22 appropriated in subsection 1 to the consumer education 23 and litigation fund from the charitable solicitations 24 administration fund, as created in this Act, not later than 25 June 30, 2013. 26 Sec. 17. REPEAL. Chapter 13C, Code 2011, is repealed. 27 Sec. 18. EFFECTIVE DATE. Except as otherwise provided in 28 this Act, this Act takes effect January 1, 2012. 29 Sec. 19. EFFECTIVE DATE. The section of this Act 30 appropriating moneys to the department of justice from the 31 consumer education and litigation fund takes effect July 1, 32 2011. 33 EXPLANATION 34 GENERAL. This bill provides for solicitations for 35 -13- LSB 1247DP (5) 84 da/nh 13/ 16

S.F. _____ H.F. _____ contributions by or on behalf of a charitable organization. 1 The bill eliminates Code chapter 13C referring to the same 2 subject and rewrites those provisions in proposed new Code 3 chapter 13D. 4 The bill regulates charitable organizations that solicit 5 contributions for a charitable purpose associated with a 6 benevolent, educational, philanthropic, humane, scientific, 7 patriotic, social welfare or advocacy, public health, 8 environmental, conservation, civic, or other charitable 9 objective. 10 CHARITABLE ORGANIZATION. The bill contains a number of new 11 provisions regulating a charitable organization. According to 12 the bill, a charitable organization must be registered with 13 the attorney general prior to soliciting contributions in this 14 state. The registration statement must include information 15 regarding its business and fund-raising activities. The 16 charitable organization must also file amendment statements 17 that reflect material changes to the organization. The 18 charitable organization must file a financial report which 19 includes information for the charitable organization’s most 20 recent fiscal year as provided by the attorney general or, in 21 the discretion of the attorney general, a copy of a completed 22 federal tax form 990 filed by nonprofit organizations. A 23 charitable organization with annual collection receipts 24 equalling more than $100,000 must also pay a filing fee with 25 the fee based on the amount of receipts collected by the 26 charitable organization. 27 The bill provides for a number of exceptions from 28 the registration requirements, which apply to religious 29 organizations; political parties, political candidates, 30 and political action committees; organizations that receive 31 contributions from 10 persons or less; foundations including 32 those associated with the state board of regents and community 33 colleges; and member organizations which are fraternal, 34 patriotic, social, educational, alumni, professional, or trade 35 -14- LSB 1247DP (5) 84 da/nh 14/ 16

S.F. _____ H.F. _____ associations which restrict solicitations to the members of the 1 organization. 2 The bill authorizes the attorney general to cooperate with 3 the federal government and state government to establish a 4 state electronic filing project. 5 PROFESSIONAL COMMERCIAL FUND-RAISERS. The bill provides for 6 the registration of professional commercial fund-raisers who 7 for compensation solicit contributions in Iowa for a charitable 8 organization (but does not include attorneys, investment 9 advisers, or investment adviser representatives regulated 10 under Code chapter 502, persons engaged in banking, persons 11 soliciting contributions pursuant to contracts with political 12 or religious organizations). The bill rewrites provisions 13 contained in Code section 13C.2. It retains requirements that 14 prohibit a person from soliciting contributions for charitable 15 purposes in this state unless the professional commercial 16 fund-raiser registers with the attorney general. It eliminates 17 a number of requirements in Code section 13C.2, including 18 (1) the option to forgo registration by promising to provide 19 financial disclosure information to a person or government 20 entity requesting the information and (2) a provision requiring 21 the confidentiality of client lists owned by a professional 22 commercial fund-raiser. The bill increases the fee required 23 for registering from $10 to $100. 24 USE OF A CHARITABLE ORGANIZATION’S NAME. The bill retains 25 other provisions from Code chapter 13C, including provisions in 26 Code section 13C.3, which prohibit a charitable organization 27 from soliciting contributions for a charitable purpose where 28 the organization claims that a portion of or all of the 29 contributions received will be given to another charitable 30 organization in this state, without permission from the other 31 charitable organization. 32 ADMINISTRATION. The bill retains a provision that delegates 33 rule making authority to the attorney general, and authorizes 34 the attorney general to promulgate forms. 35 -15- LSB 1247DP (5) 84 da/nh 15/ 16

S.F. _____ H.F. _____ FUNDING. The bill establishes a charitable solicitations 1 administration fund under the control of the attorney general. 2 Moneys collected by the attorney general under the bill are 3 deposited in the fund, and are appropriated from the fund for 4 the use by the attorney general in administering and enforcing 5 its provisions. 6 APPROPRIATIONS. The bill appropriates moneys to the 7 department of justice from the consumer education and 8 litigation fund for the fiscal period beginning July 1, 2011, 9 and ending June 30, 2013. The department must repay the moneys 10 at the end of that period. 11 PENALTIES. The bill also retains language from Code section 12 13C.8 which provides the attorney general with enforcement 13 authority, and makes a violation of the Code chapter an 14 unlawful practice under Code section 714.16(2)(a). Code 15 section 714.16(7) authorizes the attorney general to bring an 16 equitable proceeding to restrain a person from a continuing 17 violation. The attorney general may also request the court 18 impose a civil penalty not to exceed $40,000. 19 EFFECTIVE DATE. Generally the bill takes effect on January 20 1, 2012. The section of the bill making an appropriation 21 to the department of justice from the consumer education and 22 litigation fund takes effect July 1, 2011. 23 -16- LSB 1247DP (5) 84 da/nh 16/ 16