GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

SESSION LAW 2011-27

SENATE BILL 51

AN ACT to clarify that certain organizations of educational institutions are covered by the educational institution exemption from charitable Solicitation licensing requirements.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 131F-3 reads as rewritten:

"§ 131F-3.  Exemptions.

The following are exempt from the provisions of this Chapter:

(1)        Any person who solicits charitable contributions for a religious institution.

(2)        Solicitation of charitable contributions by the federal, State, or local government, or any of their agencies.

(3)        Any person who receives less than twenty-five thousand dollars ($25,000) in contributions in any calendar year and does not provide compensation to any officer, trustee, organizer, incorporator, fund-raiser, or solicitor.

(4)        Any educational institution, the curriculum of which, in whole or in part, is registered, approved, or accredited by the Southern Association of Colleges and Schools or an equivalent regional accrediting body, and any educational institution in compliance with Article 39 of Chapter 115C of the General Statutes, and any foundation or department having an established identity with any of these educational institutions.institutions, and any organization with a membership that is composed solely of 20 or more educational institutions as defined under this Chapter.

(5)        Any hospital licensed pursuant to Article 5 of Chapter 131E or Article 2 of Chapter 122C of the General Statutes and any foundation or department having an established identity with that hospital if the governing board of the hospital, authorizes the solicitation and receives an accounting of the funds collected and expended.

(6)        Any noncommercial radio or television station.

(7)        A qualified community trust as provided in 26 C.F.R. § 1.170A-9(e)(10) through (e)(14).

(8)        A bona fide volunteer or bona fide employee or salaried officer of a charitable organization or sponsor.

(9)        An attorney, investment counselor, or banker who advises a person to make a charitable contribution.

(10)      A volunteer fire department, REACT (Radio Emergency Associated Communications Teams), rescue squad, or emergency medical service.

(11)      A Young Men's Christian Association or a Young Women's Christian Association.

(12)      A nonprofit continuing care facility licensed under Article 64 of Chapter 58 of the General Statutes.

(13)      Any tax exempt nonprofit fire or emergency medical service organization involved in the sale of goods or services that does not ask for a donation."

SECTION 2.  This act becomes effective July 1, 2011.

In the General Assembly read three times and ratified this the 31^st day of March, 2011.

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

                                                                    s/  Beverly E. Perdue

                                                                         Governor

Approved 10:25 a.m. this 7^th day of April, 2011