House Bill 1104

Chair's Name: Wendell Willard

Committee: Judiciary Civil

House Sponsor: Katie Dempsey

Chairman Willard’s Opinion of the Legislation:

HB 1104 amends provisions concerning charitable solicitations.  Section 1 amends the definition of educational institutions, fundraising counsel, and paid solicitor.  Sections 2 and 3 require paid solicitors to register with the Secretary of State prior to engaging in solicitations, and disclose details concerning their compensation.  Section 4 amends the financial reporting provisions for charities.  Section 5 allows the Secretary of State to suspend or otherwise discipline a fundraiser for failing to respond to a subpoena from the Secretary of State.  Section 6 requires disclosures to be made at the time of solicitation.  Section 7 amends the list of exemptions.  Section 8 addresses investigations by the Secretary of State.  Section 9 adds an emergency orders provision to the law. 

The Secretary of State’s Securities Division requested the bill to ensure that charitable solicitations are performed in Georgia by trustworthy people and with more transparency.  The Secretary of State’s office consulted with the charitable community, and drew from other state’s laws, in crafting the bill.

This bill comes to the House Floor under the Open Rule and is Rep. Dempsey’s first general bill to come to the Floor.