GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION

CHAPTER 566
HOUSE BILL 704

AN ACT TO AMEND THE CHARITABLE SOLICITATION LICENSURE ACT.

The General Assembly of North Carolina enacts:

Section 1.  G.S.131C-4 reads as rewritten:
"§ 131C-4.  Licensure required for charitable solicitation.
(a)	Any person who solicits charitable contributions shall apply for and obtain an annual license from the Department of Human Resources. A person who is authorized to solicit on behalf of a licensed or exempt person is not required to obtain a license under this section.
(b)	A person may solicit charitable contributions after filing the completed application until the Department notifies him that the application has been denied and he waives or exhausts his administrative and judicial remedies under Chapter 150B.
(c)	A person who has been denied a license and has waived or exhausted his administrative and judicial remedies under Chapter 150B shall not solicit charitable contributions until another application has been filed with the Department and a license issued by the Department."
Sec. 2.  G.S. 131C-6 reads as rewritten:
"§ 131C-6.  Licensure required for professional fund-raising counsel and professional solicitor.
Any person who acts as a professional fund-raising counsel or professional solicitor shall apply for and obtain an annual license from the Department. A person who is authorized to act on behalf of a licensed professional fund-raising counsel or a licensed professional solicitor is not required to obtain a license under this section."
Sec. 3.  G.S. 131C-16.1 reads as rewritten:
"§ 131C-16.1.  Mandatory disclosures.
During any solicitation by a professional solicitor, before requesting or appealing either directly or indirectly for any charitable contribution, the name of the professional solicitor and the name of the person soliciting shall be disclosed to the person solicited.
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Sec. 4.  G.S. 131C-17.2 is repealed.
Sec. 5.  G.S. 131C-21.1 reads as rewritten:
"§ 131C-21.1.  Other remedies.
(a)	The solicitation of charitable contributions by a professional solicitor or professional fund-raising counsel or by an agent, employee, or servant thereof without making the disclosures required by G.S. 131C-16, and G.S. 131C-16.1 shall be considered an unfair or deceptive trade practice, as prohibited by G.S. 75-1.1, and any person solicited, to whom these disclosures were not made, and who made a charitable contribution in response to such solicitation shall have a right of action on account of such injury done under G.S. 75-16 and G.S. 75-16.1 against the offending professional solicitor or professional fund-raising counsel or an employee of either.  There is no right of action under this section against a person established for a charitable purpose. In any action under this subsection, the measure of damages shall be the amount of the contribution made by the person solicited.
(b)	The Attorney General may bring a civil action as provided in Article 1 of Chapter 75 in order to protect the public from the unfair trade practice or practices described in subsection (a). In prosecuting this civil action, the Attorney General may make use of any and all powers, remedies, and civil penalties provided under Article 1 of Chapter 75.
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Sec. 6.  This act shall become effective October 1, 1989, and applies to licenses issued on or after that date.
In the General Assembly read three times and ratified this the 4th day of July, 1989.