HF 1999

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; charitable and endorsement 
  1.3             solicitation; defining solicitor; requiring a 
  1.4             solicitor to identify volunteer or paid status and to 
  1.5             provide written information on the solicitor's name, 
  1.6             intent, tax status, and address; providing the 
  1.7             solicited party with a right of cancellation and 
  1.8             requiring that the solicitor provide written notice to 
  1.9             the solicited party of the right of cancellation; 
  1.10            prescribing penalties; proposing coding for new law in 
  1.11            Minnesota Statutes, chapter 325G. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [325G.52] [DEFINITION; SOLICITOR.] 
  1.14     A "solicitor" is a person or organization that solicits 
  1.15  charitable contributions of any kind, or signatures or other 
  1.16  forms of endorsement, from a person by any method, including 
  1.17  door-to-door, telephone, public approach, electronic, and mail.  
  1.18     Sec. 2.  [325G.53] [REQUIRED DISCLOSURE.] 
  1.19     Subdivision 1.  [VOLUNTEER OR PAID STATUS.] A solicitor 
  1.20  must inform the person being solicited at the time of initial 
  1.21  contact that the solicitor is a volunteer solicitor, or a paid 
  1.22  solicitor.  For purposes of this subdivision, a "volunteer 
  1.23  solicitor" is a solicitor that does not receive compensation, 
  1.24  reimbursement, or any other form of remuneration for the 
  1.25  solicitation effort.  A "paid solicitor" is any solicitor who is 
  1.26  not included in the definition of volunteer solicitor. 
  1.27     Subd. 2.  [INFORMATION REGARDING THE SOLICITOR.] A 
  1.28  solicitor must provide the person being solicited with a written 
  2.1   description of the solicitor, including the solicitor's address 
  2.2   and telephone number, the intent of the solicitation, the 
  2.3   person's right to cancel, the solicitor's tax status, and the 
  2.4   deductibility of any contribution made.  For door-to-door, 
  2.5   public approach, or mail solicitation, the solicitor must 
  2.6   provide this information at first contact.  For telephone and 
  2.7   electronic solicitation, the solicitor must provide this 
  2.8   information before accepting a contribution or an endorsement 
  2.9   from a person. 
  2.10     Sec. 3.  [325G.54] [CANCELLATION RIGHT.] 
  2.11     Subdivision 1.  [CONTRIBUTIONS.] In addition to any other 
  2.12  rights, a person solicited has the right to cancel a 
  2.13  contribution until midnight of the third business day after the 
  2.14  day on which the solicited contribution occurs, or until 
  2.15  midnight of the third business day after the day on which the 
  2.16  written materials required by section 325G.53 are received, 
  2.17  whichever is later.  Cancellation is evidenced by the person 
  2.18  giving written notice of cancellation to the solicitor at the 
  2.19  address stated in the information provided by the solicitor.  
  2.20  Notice of cancellation, if given by mail, is effective upon 
  2.21  deposit in a mailbox, properly addressed to the solicitor, and 
  2.22  postage prepaid.  Notice of cancellation need not take a 
  2.23  particular form and is sufficient if it indicates, by any form 
  2.24  of written expression, the intention of the person not to be 
  2.25  bound by the promise to contribute.  The solicitor shall return 
  2.26  to the person the entire amount of the contribution within seven 
  2.27  business days of receiving notice of cancellation. 
  2.28     Subd. 2.  [ENDORSEMENTS.] In addition to any other rights, 
  2.29  a person solicited has the right to cancel an endorsement until 
  2.30  midnight of the third business day after the day on which the 
  2.31  solicited endorsement occurs, or until midnight of the third 
  2.32  business day after the day on which the written materials 
  2.33  required by section 325G.53 are received, whichever is later.  
  2.34  Cancellation is evidenced by the person giving written notice of 
  2.35  cancellation to the solicitor at the address stated in the 
  2.36  information provided by the solicitor.  Notice of cancellation, 
  3.1   if given by mail, is effective upon deposit in a mailbox, 
  3.2   properly addressed to the solicitor, and postage prepaid.  
  3.3   Notice of cancellation need not take a particular form and is 
  3.4   sufficient if it indicates, by any form of written expression, 
  3.5   the intention of the person to revoke the endorsement.  The 
  3.6   solicitor shall remove the person's signature, pledge, or other 
  3.7   endorsement from any document within 24 hours of receiving the 
  3.8   notice of cancellation.  If requested by the person, the 
  3.9   solicitor shall furnish the person with proof of the removal of 
  3.10  the endorsement within three business days of receiving the 
  3.11  request. 
  3.12     Sec. 4.  [325G.55] [PENALTIES FOR VIOLATION.] 
  3.13     Any person who is found to have violated sections 325G.52 
  3.14  to 325G.55 shall be subject to the penalties provided in section 
  3.15  8.31.