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2019 Utah Code
Title 13 - Commerce and Trade
Chapter 22 - Charitable Solicitations Act
Section 8 - Exemptions.
Universal Citation: UT Code § 13-22-8 (2019)
Effective 3/22/2018
13-22-8. Exemptions.
Amended by Chapter 267, 2018 General Session
Amended by Chapter 415, 2018 General Session
13-22-8. Exemptions.
- (1) Section 13-22-5 does not apply to:
- (a) a bona fide religious, ecclesiastical, or denominational organization if:
- (i) the solicitation is made for a church, missionary, religious, or humanitarian purpose; and
- (ii) the organization is either:
- (A) a lawfully organized corporation, institution, society, church, or established physical place of worship, at which nonprofit religious services and activities are regularly conducted and carried on;
- (B) a bona fide religious group:
- (I) that does not maintain specific places of worship;
- (II) that is not subject to federal income tax; and
- (III) that is not required to file an IRS Form 990 under any circumstance; or
- (C) a separate group or corporation that is an integral part of an institution that is an income tax exempt organization under 26 U.S.C. Sec. 501(c)(3) and is not primarily supported by funds solicited outside the group's or corporation's own membership or congregation;
- (b) a solicitation by a broadcast media owned or operated by an educational institution or governmental entity, or any entity organized solely for the support of that broadcast media;
- (c) subject to Subsection 13-22-21(1), an individual soliciting a contribution for the relief or benefit of another individual, who is specified by name at the time of the solicitation, if:
- (i) all contributions are turned over to the named beneficiary after deducting actual expenses necessary for the cost of solicitation, if any; and
- (ii) all individuals that carry out any fund-raising function for the benefit of the named individual are unpaid, directly or indirectly, for services rendered;
- (d) a political party authorized to transact the political party's affairs within this state and any candidate and campaign worker of the political party if the content and manner of any solicitation make clear that the solicitation is for the benefit of the political party or candidate;
- (e) a political action committee or group soliciting funds relating to issues or candidates on the ballot if the committee or group is required to file financial information with a federal or state election commission;
- (f)
- (i) a public school;
- (ii) a public institution of higher learning;
- (iii) a school accredited by an accreditation body recognized within the state or the United States;
- (iv) an institution of higher learning accredited by an accreditation body recognized within the state or the United States;
- (v) an organization within, and authorized by, an entity described in Subsections (1)(f)(i) through (iv); or
- (vi) a parent organization, teacher organization, or student organization authorized by an entity described in Subsection (1)(f)(i) or (iii) if:
- (A) the parent organization, teacher organization, or student organization is a branch of, or is affiliated with, a central organization;
- (B) the parent organization, teacher organization, or student organization is subject to the central organization's general control and supervision;
- (C) the central organization holds a United States Internal Revenue Service group tax exemption that covers the parent organization, teacher organization, or student organization; and
- (D) the central organization is registered with the division under this chapter;
- (g) a public or higher education foundation established under Title 53E, Public Education System -- State Administration, Title 53G, Public Education System -- Local Administration, or Title 53B, State System of Higher Education;
- (h) a television station, radio station, or newspaper of general circulation that donates air time or print space for no consideration as part of a cooperative solicitation effort on behalf of a charitable organization, whether or not that organization is required to register under this chapter;
- (i) a volunteer fire department, rescue squad, or local civil defense organization whose financial oversight is under the control of a local governmental entity;
- (j) any governmental unit of any state or the United States;
- (k) any corporation:
- (i) established by an act of the United States Congress; and
- (ii) that is required by federal law to submit an annual report:
- (A) on the activities of the corporation, including an itemized report of all receipts and expenditures of the corporation; and
- (B) to the United States Secretary of Defense to be:
- (I) audited; and
- (II) submitted to the United States Congress;
- (l) a solicitation by an applicant for a grant offered by a state agency if:
- (i) the terms of the grant provide that the state agency monitors a grant recipient to ensure that grant funds are used in accordance with the grant's purpose; and
- (ii) the sum of the amount available to the applicant under grants offered by a state agency that the applicant applies for in a calendar year is less than or equal to $1,500;
- (m) a chapter of a charitable organization or a person who solicits contributions for a charitable organization, if the charitable organization is registered with the division pursuant to Section 13-22-5 or is exempt from registration under this section, and:
- (i) all contributions solicited by the chapter or person are delivered directly to the control of the charitable organization; or
- (ii)
- (A) the charitable organization holds a United States Internal Revenue Service group tax exemption that covers the chapter;
- (B) the charitable organization provides a list of its chapters to the division with its registration or renewal of registration;
- (C) the chapter is on the list provided under Subsection (1)(m)(ii)(B);
- (D) the chapter maintains the information required under Section 13-22-15 and provides the information to the division upon request; and
- (E) solicitations by the chapter or the person are limited to the collection of membership-related fees, dues, or assessments from new and existing members;
- (n) a solicitation in an obituary; or
- (o) a solicitation made exclusively to a family member of the individual making the solicitation.
- (a) a bona fide religious, ecclesiastical, or denominational organization if:
- (2) An organization claiming an exemption under this section bears the burden of proving the organization's eligibility for, or the applicability of, the exemption claimed.
- (3) An organization exempt from registration pursuant to this section that makes a material change in the organization's legal status, officers, address, or similar changes shall file a report informing the division of the organization's current legal status, business address, business phone, officers, and primary contact person within 30 days of the change.
- (4) The division may by rule:
- (a) require an organization that is exempt from registration under this section to:
- (i) file a notice of claim of exemption; and
- (ii) file a renewal of a notice of claim of exemption;
- (b) prescribe the contents of a notice of claim of exemption and a renewal of a notice of claim of exemption; and
- (c) require a filing fee for a notice of claim of exemption and a renewal of a notice of claim of exemption as determined under Section 63J-1-504.
- (a) require an organization that is exempt from registration under this section to:
Amended by Chapter 267, 2018 General Session
Amended by Chapter 415, 2018 General Session
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