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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1175 By: Stark
AS INTRODUCED
An Act relating to charitable organizations; amending
18 O.S. 2021, Section 552.3, which relates to
registration under the Oklahoma Solicitation of
Charitable Contributions Act; modifying fees; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 18 O.S. 2021, Section 552.3, is
amended to read as follows:
Section 552.3. A. No charitable organization that is either
located within this state or that is soliciting contributions from
any person in this state, except those specifically exempt under
Section 552.4 of this title, shall solicit contributions until the
charitable organization shall have registered with the Office of the
Secretary of State and filed information, as required by the
Oklahoma Solicitation of Charitable Contributions Act, on forms
approved by that office. At the time of registration, each
charitable organization, except as otherwise provided in this
section, shall pay a fee of Sixty-five Dollars ($65.00) Forty
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Dollars ($40.00). The first Fifteen Dollars ($15.00) of the fee
shall be deposited to the credit of the General Revenue Fund of the
State Treasury. Thirty-four Dollars ($34.00) Twenty-five Dollars
($25.00) of the fee shall be deposited to the credit of the Attorney
General Charitable Solicitations Enforcement Revolving Fund and the
remaining Sixteen Dollars ($16.00) Fifteen Dollars ($15.00) shall be
deposited to the credit of the Secretary of State Charitable
Solicitations Revolving Fund. Provided, a charitable organization
whose contributions during the previous registration period did not
exceed Ten Thousand Dollars ($10,000.00) or if this is the
charitable organization's first registration period and the
anticipated contributions for the current registration period are
not expected to exceed Ten Thousand Dollars ($10,000.00), shall pay
a fee of Fifteen Dollars ($15.00) of which Ten Dollars ($10.00)
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. Each charitable
organization that is required to register under this act shall
register annually with the Secretary of State by the date that the
charitable organization files its Form 990 or by the date, plus
extensions, that it is required to file its Form 990, whichever
occurs first. Registration shall not be deemed to constitute an
endorsement by the state or by the Secretary of State of any
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charitable organization or the proposed uses of the funds solicited.
The information so filed shall be available to the general public.
The charitable organization shall provide the following information
on the required forms:
1. The legal name of the charitable organization, any trade
names that the charitable organization uses, any other name the
organization may be identified or known as, and any distinctive
names the organization uses for purposes of solicitation of
contributions;
2. The mailing address of the charitable organization;
3. The name and mailing address of:
a. each officer, director, trustee, and/or equivalent, and
b. each salaried executive employee of the charitable
organization;
4. The name and mailing address of:
a. each professional fundraiser or professional solicitor
that will have custody of the contributions, and
b. each person associated with a professional fundraiser,
professional solicitor or charitable organization that
is directly responsible for the payment and
distribution of funds collected;
5. The name and mailing address of each professional
fundraising counsel utilized by the charitable organization;
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6. For charitable organizations that register for the first
time, a statement of whether or not the charitable organization
believes contributions for the first year of registration will
exceed Ten Thousand Dollars ($10,000.00);
7. The purposes for which the contributions solicited are to be
used;
8. For the initial registration of a newly formed charitable
organization, a copy of a letter from the Internal Revenue Service,
or other evidence, showing that such organization is exempt from
federal income taxation; or, for a charitable organization that has
not applied for federal income tax exemption with the Internal
Revenue Service or is not required to apply for federal income tax
exemption, evidence showing that said charitable organization is
organized in any state or jurisdiction as a not-for-profit entity;
9. An identification of the period of time or periods during
which solicitations are to be conducted, which may be specific
periods, estimated or projected time frames, or continuous, and
which may involve different periods for different types of
solicitations by the same charitable organization;
10. An identification of the specific method or methods of
solicitation utilized by the charitable organization and its agents;
11. Whether the solicitation is to be conducted by the
following for or on behalf of the charitable organization:
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professional fundraisers, employees or volunteers of the charitable
organization, and/or others; and
12. If the solicitation is to be conducted in whole or in part
by professional fundraisers, the names and addresses of each
professional fundraiser involved in the solicitation; the basis of
payment or other consideration payable to each professional
fundraiser and the nature of the arrangements between the charitable
organization and each professional fundraiser, the specific amount,
formula or percentage of compensation, or property of any kind or
value to be paid or provided to each professional fundraiser; and if
payment is based on a percentage, the amount of compensation as a
percentage of the total contributions received, and the net amount
of the total contributions received (total contributions received,
less expenses of solicitation other than amounts payable to any
professional fundraiser).
B. In addition to the required information in subsection A of
this section, every charitable organization subject to the
provisions of the Oklahoma Solicitation of Charitable Contributions
Act that has solicited contributions during the previous fiscal year
shall provide the following information:
1. The gross amount of the contributions, gifts, grants and
other similar amounts received by the charitable organization;
2. The total Program Service Expenses of the charitable
organization;
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3. The total Management and General Expenses of the charitable
organization;
4. The total Fundraising Expenses of the charitable
organization; and
5. The aggregate amount paid, or payable, to professional
fundraisers and professional fundraising counsel.
C. Any registration form required to be filed under this
section shall be executed by signature, without more, of the person
or persons signing the form, in which case the signature or
signatures shall constitute the affirmation of the signatory, under
penalty of perjury, that the signature is that person's act and deed
or the act and deed of the organization, and that the facts stated
therein are true.
D. If a charitable organization that is registered with the
Secretary of State to solicit contributions in this state changes
its name or the mailing address of its principal office, or plans to
engage in the solicitation of contributions using a name that is not
listed on its registration form, then it shall, prior to soliciting
any funds in this state using any such name, file with the Secretary
of State a statement executed by an authorized officer of the
organization setting forth any new name and mailing address along
with a fee of Twenty-five Dollars ($25.00). Such fee shall be
deposited to the credit of the General Revenue Fund of the State
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Treasury Attorney General Charitable Solicitations Enforcement
Revolving Fund.
E. Any fraternal or membership organization not based in
Oklahoma which solicits contributions from any person of this state
by telephone, or contracts with professional fundraisers to solicit
such contributions, shall be required to have at least one member or
employee of the fraternal or membership organization residing within
the county where the call is received.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10855 AQH 12/11/24