17-1762. Same; exemptions from registration.
17-1762
17-1762. Same; exemptions from registration.The following persons shall not be required to register with thesecretary of state:
(a) State educational institutions under the control and supervisionof the state board of regents, unified school districts, educationalinterlocals, educational cooperatives, areavocational-technical schools, alleducational institutionsthat are accredited by a regional accrediting association or by anorganization affiliated with the national commission of accrediting, anyfoundation having an established identity with any of the aforementionededucational institutions, any other educational institution confining itssolicitation of contributions to the student body, alumni, faculty andtrustees of such institution, and their families, or a library establishedunder the laws ofthis state, provided that the annual financial report of such institutionor library shall be filed with the attorney general;
(b) fraternal, patriotic, social, educational, alumni organizations andhistorical societies when solicitation of contributions is confined totheir membership. This exemption shall be extended to any subsidiary of aparent or superior organization exempted by this subsection where suchsolicitation is confined to the membership of the subsidiary, parent orsuperior organization;
(c) persons requesting any contributions for the relief or benefit of anyindividual, specified by name at the time of the solicitation, if thecontributions collected are turned over to the named beneficiary, firstdeducting reasonable expenses for costs of banquets, or social gatherings,if any, provided all fund raising functions are carried on by persons whoare unpaid, directly or indirectly, for such services;
(d) any charitable organization which does not intend to solicit andreceive and does not actually receive contributions in excess of$10,000 during such organization's tax period, as defined by K.S.A.17-7501 and amendments thereto, if all of such organization's fund-raisingfunctions are carried on bypersons who are unpaid for such services. However, if the grosscontributions received by such charitable organization during any such taxperiod is in excess of $10,000, such organization,within 30 days after the end of such tax period, shall register with thesecretary of state as provided in K.S.A. 17-1763 and amendments thereto;
(e) any incorporated community chest, united fund, united way or anycharitable organization receiving an allocation from anincorporated community chest, united fund or united way;
(f) a bona fide organization of volunteer firemen, or a bona fideauxiliary or affiliate of such organization, if all fund-raisingactivities are carried on by members of such organization or anaffiliate thereof and such members receive no compensation, directly orindirectly, therefor;
(g) any charitable organization operating a nursery for infants awaitingadoption if all fund-raising activities are carried on by members ofsuch an organization or an affiliate thereof and such members receive nocompensation, directly or indirectly, therefor;
(h) any corporation established by the federal congress that is requiredby federal law to submit annual reports of such corporation's activities to congresscontaining itemized accounts of all receipts and expenditures after beingduly audited by the department of defense or other federal department;
(i) any girls' club which is affiliated with the girls' club ofAmerica, a corporation chartered by congress, if such an affiliate properlyfiles the reports required by the girls' club of America and that thegirls' club of America files with the government of the United States thereports required by such federal charter;
(j) any boys' club which is affiliated with the boys' club of America, acorporation chartered by congress, if such anaffiliate properly files the reports required by the boys' club of Americaand that the boys' club of America files with the government of the UnitedStates the reports required by such federal charter;
(k) any corporation, trust ororganization incorporated or established for religious purposes, orestablished for charitable, hospital or educational purposes and engaged ineffectuating one or more of such purposes, that is affiliated with,operated by or supervised or controlled by a corporation,trust or organization incorporated or establishedfor religious purposes, or to any other religious agency or organizationwhich serves religion by the preservation of religious rights and freedomfrom persecution or prejudice or by fostering religion, including the moraland ethical aspects of a particular religious faith;
(l) the boy scouts of America and the girl scouts of America, includingany regional or local organization affiliated therewith;
(m) the young men's christian association and the young women's christianassociation, including any regional or local organization affiliated therewith;
(n) any licensed medical care facility which is organized as a nonprofitcorporation under the laws of this state;
(o) any licensed community mental health center or licensed mental health clinic;
(p) any licensed communitymental retardation center and its affiliates as determined by thedepartment of social and rehabilitation services;
(q) any charitable organization of employees of a corporation whose principalgifts are made to an incorporated community chest, united fund or unitedway, and whose solicitation is limited to such employees;
(r) any community foundation or community trust to which deductiblecontributions can be made by individuals, corporations, public charitiesand private foundations, as well as other charitable organizations andgovernmental agencies for the overall purposes of the foundation or toparticular charitable and endowment funds established under agreement withthe foundation or trust for the charitable benefit of the people of aspecific geographic area and which is a nonprofit organization exempt fromfederal income taxation pursuant to section 501(a) of the internal revenuecode of 1986, as in effect on the effective date of this act, by reason ofqualification under section 501(c)(3) of the internal revenue code of 1986,as in effect on the effective date of this act, and which is deemed apublicly supported organization and not a private foundation within themeaning of section 509(a)(1) of the internal revenue code of 1986, as ineffect on the effective date of this act;
(s) any charitable organization which does not intend to or does notactually solicit or receive contributions from more than 100 persons;
(t) any charitable organization the funds of which are used to supportan activity of a municipality of this state; and
(u) the junior league, including any local community organizationaffiliated therewith.
History: L. 1988, ch. 96, § 4;L. 1989, ch. 76, § 1; July 1.