[COMMITTEE PRINT] A SURVEY OF LEGISLATION AFFECTING THE SOLICITATION OF EDUCATIONAL CONTRIBUTIONS' Compiled by J. L. Evans, Jr., and L. O. Slagle, Jr., College of Law, Sponsored by the Ohio State University Development Fund CONTENTS Analysis of State legislation by State: Alabama. Arizona. Arkansas. California. Colorado. Connecticut. Delaware. District of Columbia. Florida. Georgia. Idaho. Illinois. Indiana. Iowa. Kansas. Kentucky. Louisiana. Maine. Maryland. Massachusetts. Michigan. Minnesota. Mississippi. Missouri. Montana. Appendix I. Text of solicitation statutes. Nebraska. New Hampshire. New York. Ohio. Pennsylvania. Rhode Island. South Carolina. South Dakota. Tennessee. Texas. Utah. Vermont. Virginia. Wyoming. Appendix II. Text of statutes restricting charitable giving at death. Alabama STATE LEGISLATION AFFECTING CHARITABLE SOLICITATION Solicitation: No applicable legislation. Giving restrictions: No applicable restrictions. Power of corporations to donate: No specific permission. Arizona Solicitation: No applicable legislation. Giving restrictions: No applicable restrictions. Power of corporations to donate: No specific permission. The survey was placed at the subcommittee's disposal by the American Alumni Council, 1785 Massachusetts Avenue NW., Washington, D. C. 1 Arkansas Solicitation: No applicable legislation. Giving restrictions: No applicable restrictions. Power of corporations to donate: Specifically allowed by Ark. Stat., 1940, § 64-112. California Solicitation: 1. Statute: Welfare & Institutions Code, West's Ann. 1956, Chap. 1.7, s. 147 et seq. 2. Coverage: Foreign educational institutions are within the scope of the law. 3. Exemptions: Do not include foreign educational institutions. 4. Requirements: On soliciting for the first time an information report must be filed; thereafter, financial reports. 5. State agency: Department of social welfare. Giving restrictions: 1. Statute: Probate Code, s. 41. 2. Coverage: Gifts by will only. 3. When applicable: If certain named relatives survive, and the will was made less than 30 days prior to death leaving real or personal property to a charitable organization, such bequest or devise shall be invalid. If the will was executed more than 30 days prior to death, such bequest or devise will be valid, but only to the extent that such charitable bequests or devises become equal collectively to one-third of the total estate as against certain named relatives, and any excess will be reduced to the one-third proportion. However, if the excess amount when reduced would not go to the named relatives, the term of the will shall not be affected. Power of corporation to donate: Specifically allowed by Corporations Code, § 802 (g). Colorado Solicitation: No applicable legislation. Giving restrictions: No applicable restrictions. Power of corporations to donate: Specifically allowed by Colorado Rev. Stat. § 31-1-28. Connecticut Solicitation: 1. Statute: General Statutes, 1955 Supp., vol. 2, § 3301-D. 2. Coverage: Includes solicitation by educational institutions and alumni. 3. Exemptions: Groups soliciting solely within their own membership. 4. Requirements: Registration and the issuance of a certificate are necessary. No financial report nor bond is needed. 5. State agency: Welfare commissioner. Giving restrictions: No applicable restrictions. Powers of corporations to donate: Specifically allowed by Gen. Stat. 1955 Supp. § 2570-D amending Gen. Stat. 5136 Delaware Solicitation: No applicable legislation. Giving Restrictions: No applicable restrictions. Power of corporations to donate: Specifically permitted under Del. Code, Ann. § 8-122 District of Columbia Solicitation: 1. Statute: 71 Stat. 278. 2. Coverage: Includes educational solicitation, advertising, and fund raising. 3. Exemptions: Exempts solicitations solely within the membership of the group; solicitation by religious organizations, including that for educational purposes, and solicitation for the American Red Cross. 4. Requirements: Registration and the procurement of a certificate are necessary. 5. Agency: The Commissioners of the District of Columbia. Giving restrictions: 1. Statute: 19-202. 2. Coverage: Gifts by will to preachers, public teachers or ministers. 3. When applicable: If the will is executed less than 1 month prior to death. Power of corporations to donate: Specifically authorized by 29-904 (m) Florida Solicitations: 1. Statute: Florida Statutes Annotated, 1956, § 617, 22 (Supp. 1957), 617, 23, et seq. 2. Coverage: Includes educational solicitation. 3. Exemption: Exempts nationally recognized organizations, unless locally retaining 50 percent. 4. Requirements: Registration and the issuance of a permit are required. Also annual financial statements must be filed. 5. Agency: State department of public welfare. Giving restrictions: 1. Statute: Florida Statutes, Annotated, § 731.19. 2. Coverage: Gifts by will to charitable causes. 3. When applicable: If the will is executed within 6 months immediately before death, and certain named persons survive, then the attempted gift shall be invalid. Power of corporation to donate: Specifically authorized by Florida Statutes, Annotated, § 608.13 (13). Georgia Solicitation: No applicable legislation. Giving restrictions: 1. Statute: Georgia Code, Annotated, § 113–107. 2. Coverage: Gifts by will to charitable causes. 3. When applicable: If the testator is survived by the spouse and/or children, and the will is executed less than 90 days prior to death, or being properly executed, passes over one-third of the estate, such gift to the . charitable cause will be voidable if the named parties desire to object do it. Power of corporation to donate: Specifically authorized by Georgia Code, Annotated, 22–728. Idaho Solicitation: No applicable legislation. 1. Statute: Idaho Code, 14–326. 2. Coverage: Gifts by will to charitable causes. 3. When applicable: If the will is executed less than 30 days prior to death, the attempted gift shall be void. If the will is executed more than 30 days prior to death, but such gifts collectively exceed one-third of the estate, and lineal descendants of the testator survive, and such descendants would benefit by the reduction of the charitable gift, then such gift shall be reduced pro rata in the amount that they exceed one-third of the estate. Power of corporation to donate: No statutory authority. Illinois Solicitation: No applicable legislation. Giving restrictions: No applicable restrictions. Power of corporation to donate: Illinois Annotated Statutes, c. 32, s. 157.5 (m). Indiana Solicitation: No applicable legislation. Giving restrictions: No applicable restrictions. Power of corporation to donate: Specifically authorized by Indiana Statutes, 25-211 (b), but subject to certain limitations specified therein. Iowa Solicitations: 1. Statute: Iowa Code Annotated, 1949, § 122.1 et seq. 2. Coverage: Includes educational solicitation. 3. Exemptions: Do not exempt educational institutions. 4. Requirements: Registration and the issuance of a permit are required. An annual financial report must also be filed. 5. Agency: Secretary of State. Giving restrictions: 1. Statute: Iowa Code, Annotated, 633.3. 2. Coverage: Gifts by will to charitable causes. 3. When applicable: If the spouse, child or its lineal descendants, or the parents of the testator survive, gifts to charitable cause may not exteed onefourth of the estate after the payment of debts. Power of corporations to donate: No specific permission. Kansas Solicitation: 1. Statute: General Statutes, 1949, § 17-1706; 1957 Supp., § 17-1707, § 17-1708. 2. Coverage: Includes educational solicitation. 3. Exemptions: Only exclude solicitation confined to one county. 4. Requirements: A copy of the institution's charter must be filed and a certificate must be issued. No financial report is required. 5. Agency: Executive director, State department of administration. Giving restrictions: No applicable restrictions. Power of corporation to donate: Specifically authorized by General Statutes, 17-3009. Kentucky Solicitation: No applicable legislation. Giving restrictions: No applicable restrictions. Power of corporation to donate: Specifically authorized by Kentucky Revised Statutes, section 271-125 (13). Louisiana Solicitation: No applicable legislation. Giving restrictions: No applicable restrictions. Power of corporation to donate: Specifically authorized by Louisiana Statutes, Annotated, section 9-2280, but subject to certain limitations as imposed by that section. Maine Solicitation: 1. Statute: Revised Statutes, 1954 (1957 supplement), § 274-A, et seq. 2. Coverage: Includes educational solicitation only when paid solicitors are utilized. 3. Exemptions: None. 4. Requirements: License only. 5. Agency Department of health and welfare. Giving restrictions: No applicable restrictions. Power of corporation to donate: Specifically authorized by Revised Statutes of Maine, section 53-16. Maryland Solicitation: No applicable legislation. Giving restrictions: No applicable restrictions. Power of corporation to donate: Specifically authorized by section 23-9 of the Maryland Code. Massachusetts Solicitation: 1. Statute: Annotated Law, 1953, ch. 68, § 16, et seq. 3. Exemptions: Solicitations solely among members are exempt, and for other solicitation foreign educational institutions may be exempted by proving that they are exempt from Federal income tax and on providing their most recent financial statement. 4. Requirements: Registration and information reports, which in their contents include financial statements. 5. Agency: Attorney general. Giving restrictions: No applicable restrictions. Power of corporation to donate: Specifically authorized by Massachusetts Annotated Laws, chapter 155, section 12 (c), but with some limitation on amount and source of the donation. Michigan Solicitations: 1. Statute: Michigan Statutes Annotated, ch. 147, § 16.71 et seq. 2. Coverage: Includes educational solicitation and other fund raising by sales, etc. 3. Exemptions: Do not exempt educational institutions. 4. Requirements: A license is required. No financial reports as such are needed. 5. Agency: Director, State welfare department. Giving restrictions: No applicable restrictions. Power of corporation to donate: Specifically authorized by Michigan Statutes Annotated, sec. 21-10 (1). Minnesota Solicitation: No applicable legislation. Giving restrictions: No applicable restrictions. Power of corporation to donate: Specifically authorized by Minnesota Statutes Annotated, section 300.66. Mississippi Solicitation: No applicable legislation. Giving restrictions: 1. Statute: Mississippi Code, 1942, section 671. 2. Coverage: Gifts by will to charitable causes. 3. When applicable: If the will was executed less than 90 days prior to death, or if the spouse or child survives and the charitable gifts exceed onethird of the estate, then the gift shall be invalid. Holding restriction: 1. Statute: Mississippi Code, 1942, section 671. 2. Application: The charitable recipient of a devise of realty may only hold the devised estate for 10 years, during which time it may sell the realty and give full title, but in the event that such property is held for 10 years it shall revert to the persons who would be entitled to it from the testator's estate. Power of corporation to donate: Specifically authorized by Mississippi Code, 1942, section 5325.7, but with the limits therein set forth on the permissible source of the funds. Missouri Solicitation: No applicable legislation. Giving restrictions: No applicable restrictions. Power of corporation to donate: Specifically authorized by Missouri Statutes, section 351.385. |