State Definitions of Paid Fundraising Contractors
This page presents each state's definitions of the terms "professional solicitor," "fundraising
counsel," "solicit" or "solicitation," and "commercial co-venturer," or the
closest equivalents to be found within each state's statutes. The terms "solicitor" and "charitable
sales promotion" are also defined when they seem directly relevent. Only information for states whose legal
code is available online for free has been included. Note that the legal citation given below is not to any published
book of state statutes, and therefore may not be suitable for use in materials to be submitted in court. The source,
an online reference, is indicated in the citation ahead of the year in which it was obtained, e.g. "(address,
date obtained)", but please read the note below.
NOTE
Although this document was prepared using the most currently available free online databases
of state laws in
February and March 1999 (unless otherwise noted), it may not be completely up-to-date, nor should it be used
for the determination of any specific legal situation. It is provided for educational purposes only.
Alabama
Source: Code of Alabama
Section: Title 13A: Criminal Code. Chapter 9: Forgery and Fraudulent Practises. Article 3: Charitable Fraud.
Section 13A-9-70: Definitions.
Cite: Ala. Code § 13A-9-70 (http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm, Feb.
1999)
- Commercial co-venturer
- Section 13A-9-70 (4) Commercial
co-venturer. Any person who for profit or other commercial consideration, conducts, promotes, underwrites, arranges,
or sponsors a sale, performance, or event of any kind which is advertised, and which will benefit, to any extent,
a charitable or religious organization. However, any such person who will benefit in good will only, is not a commercial
co-venturer if the collection and distribution of the proceeds of the sale, performance, or event are supervised
and controlled by the benefiting charitable or religious organization.
- Professional fund raiser
- Section 13A-9-70 (9) Any person
who for compensation or other consideration plans, conducts, manages, or carries on any drive or campaign in this
state for the purpose of soliciting contributions for or on behalf of any charitable organization or any other
person, or who engages in the business of, or holds himself or herself out to persons in this state as independently
engaged in the business of soliciting contributions for such purposes. A bona fide officer or employee of a charitable
organization is not a professional fund raiser unless his or her salary or other compensation is computed on the
basis of funds to be raised, or actually raised. This section shall not apply to persons who solicit political
campaign contributions on behalf of candidates for public office or initiatives on a ballot.
- Professional solicitor
- Section 13A-9-70 (10) Any
person who is employed or retained for compensation by a professional fund raiser to solicit contributions for
charitable purposes in this state.
Alaska
Source: Alaska Statutes
Section: Title 45: Trade and Commerce. Chapter 45.68: Charitable Solicitations. Section 45.68.900: Definitions.
Cite: Alaska Stat. § 45.68.900 (http://www.legis.state.ak.us/cgi-bin/folioisa.dll/stattx98?, Feb. 1999)
- Paid solicitor
- Section 45.68.900
(4) "paid solicitor" means a person who is required to be registered under AS 45.68.010 (b), and includes
a person who is employed, procured, or engaged, directly or indirectly, by a paid solicitor to solicit, if the
person is compensated; "paid solicitor" does not include
- (A) an attorney licensed to practice law in this or another state, an investment counselor, an insurance company,
or a supervised financial institution, to the extent the attorney, investment counselor, insurance company, or
supervised financial institution advises the person on whether to make a contribution; or
(B) a bona fide salaried officer, employee, or volunteer of a charitable organization;
- Solicit
- Section 45.68.900
(5) "solicit" means to request, directly or indirectly, and includes
- (A) an oral or written request;
(B) a request made by an announcement to the news media or by radio, television, telephone, telegraph, telefax
machine, or other
transmission of images or information;
(C) a request made in a handbill or other written advertisement that is distributed or posted;
(D) the sale of, or attempt to sell, a membership, an advertisement, advertising space, or a tangible item by making
a request for financial support for a charitable organization or purpose, by using or referring to the name of
a charitable organization as a reason for making the request, or by making a statement that all or part of the
sale proceeds will be used for a charitable purpose or benefit a charitable organization;
Arizona
Source: Arizona Revised Statutes
Section: Title 44: Trade and Commerce. Chapter 19: Solicitation of Funds for Charitable Purposes. Article
1: General Provisions. Section 44-6551: Definitions.
Cite: Ariz. Rev. Stat. § 44-6551 (http://www.azleg.state.az.us/ars/ars.htm, Feb. 1999).
- Contracted fund raiser
- Section 44-6551 (3) "Contracted fund raiser"
means a person who for profit either solicits directly or employs, procures or engages another person to solicit
for a charitable organization. A contracted fund raiser does not include a lawyer, investment counselor or banker
who advises a person to make a charitable contribution, a bona fide salaried officer, employee or volunteer of
a charitable organization or a person the contracted fund raiser employs, procures or engages to solicit.
- Solicit and Solicitation
- Section 44-6551 (5) "Solicit" and "solicitation"
means a request of any kind for a contribution or a request for the purchase of goods, tickets or services for
a charitable purpose.
Arkansas
Source: Arkansas Code
Section: Title 17: Professions, Occupations, And Businesses. Chapter 41: Professional Fund Raisers and Solicitors.
Section 17-41-101: Definitions.
Cite: Ark. Code § 17-41-101 (http://www.arkleg.state.ar.us/lpbin/lpext.dll, Feb.1999).
- Professional fund raiser
- Section
17-41-101 (2) "Professional fund raiser" means any person who, for compensation or any other consideration,
plans, conducts, or manages in this state the solicitation of contributions for or on behalf of any charitable
organization or any other person, or any person who engages in the business of, or holds himself out to persons
in this state as independently engaged in the business of, soliciting contributions for such purpose, but shall
not include a bona fide officer or employee of a charitable organization;
- Professional solicitor
- Section
17-41-101 (3) "Professional solicitor" means any person who is employed or retained for compensation
by a professional fund raiser to solicit contributions in this state for charitable purposes;
- Solicitation
- Section
17-41-101. (6) "Solicitation" means each request for a contribution.
California
Source: California State Code (also here)
Section: Government Code. Title 2: Government of the State of California. Division 3: Executive Department.
Part 2: Constitutional Officers. Chapter 6: Attorney General. Article 7: Uniform Supervision of Trustees for Charitable
Purposes Act.
Cite: Cal. Gov. Code § 12599 (http://www.leginfo.ca.gov/calaw.html, Feb. 1999). Cal. Gov. Code §
12599.1 (http://www.leginfo.ca.gov/calaw.html, Feb. 1999).
- Commecial fundraiser for charitable purposes
- Section
12599 (a) "Commercial fundraiser for charitable purposes" is defined as any individual, corporation,
or other legal entity who for compensation does any of the following:
- (1) Solicits funds, assets, or property in this state for charitable purposes.
(2) As a result of a solicitation of funds, assets, or property in this state for charitable purposes, receives
or controls the funds, assets, or property solicited for charitable purposes.
(3) Employs, procures, or engages any compensated person to solicit, receive, or control funds, assets, or property
for charitable purposes.
- A commercial fundraiser for charitable purposes shall include any person, association of persons, corporation,
or other entity that obtains a majority of its inventory for sale by the purchase, receipt, or control for resale
to the general public, of salvageable personal property solicited by an organization qualified to solicit donations
pursuant to Section 148.3 of the Welfare and Institutions Code.
A commercial fundraiser for charitable purposes shall not include a "trustee" as defined in Section
12582 or 12583, a "charitable corporation" as defined in Section 12582.1, or any employee thereof. A
commercial fundraiser for charitable purposes shall not include an individual who is employed by or under the control
of a commercial fundraiser for charitable purposes registered with the Attorney General. A commercial fundraiser
for charitable purposes shall not include any federally insured financial institution which holds as a depository
funds received as a result of a solicitation for charitable purposes.
- Fundraising counsel for charitable purposes
- Section
12599.1 (a) "Fundraising counsel for charitable purposes" is defined as any person who is described
by all of the following:
- (1) For compensation plans, manages, advises, counsels, consults, or prepares material for, or with respect
to, the solicitation in this state of funds, assets or property for charitable purposes.
(2) Does not solicit funds, assets, or property for charitable purposes.
(3) Does not receive or control funds, assets, or property solicited for charitable purposes in this state.
(4) Does not employ, procure, or engage any compensated person to
solicit, receive, or control funds, assets, or property for charitable purposes.
- Section
12599.1 (b) "Fundraising counsel for charitable purposes" does not include
any of the following:
- (1) An attorney, investment counselor, or banker who in the conduct of that person's profession advises a client
when actually engaged in the giving of legal, investment, or financial advice.
(2) A trustee as defined in Section 12582 or 12583.
(3) A charitable corporation as defined in Section 12582.1, or any employee thereof.
(4) A person employed by or under the control of a fundraising counsel for charitable purposes, as defined in subdivision
(a).
(5) A person, corporation, or other legal entity, engaged as an independent contractor directly by a trustee or
a charitable corporation, that prints, reproduces, or distributes written materials prepared by a trustee, a charitable
corporation, or any employee thereof, or that performs artistic or graphic services with respect to written materials
prepared by a trustee, a charitable corporation, or any employee thereof, provided that the independent contractor
does not perform any of the activities described in paragraph (1) of subdivision (a).
(6) A person whose total annual gross compensation for performing any activity described in paragraph (1) of subdivision
(a) does not exceed twenty-five thousand dollars ($25,000).
Source: Califonia Code
Section: Business and Professionas Code. Division 7. General Business Regulations. Part 3. Representations
t the Public. Chapter 1. Advertising. Article 1.3. Charitable Solicitations. Section 17510.2.
Cite: Cal. Bus. Code § 17510.2 (http://www.leginfo.ca.gov/calaw.html, Feb. 1999).
- Solicitation for charitable purposes
- Section
17510.2 (a) As used in this article, "solicitation for charitable purposes," means any request, plea,
entreaty, demand, or invitation, or attempt thereof, to give money or property, in connection with which:
- (1) Any appeal is made for charitable purposes; or
(2) The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal
as an inducement for making any such gift; or
(3) Any statement is made to the effect that such gift or any part thereof will go to or be used for any charitable
purpose or organization.
- Sales solicitation for charitable purposes
- Section
17510.2 (b) As used in this article, "sales solicitation for charitable purposes" means the sale
of, offer to sell, or attempt to sell any advertisement, advertising space, book, card, chance, coupon device,
magazine subscription, membership, merchandise, ticket of admission or any other thing or service in connection
with which:
- (1) Any appeal is made for charitable purposes; or
(2) The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal
as an inducement for making any such sale; or
(3) Any statement is made to the effect that the whole or any part of the proceeds from such sale will go to or
be used for any charitable purpose or organization.
- (c) A solicitation for charitable purposes, or a sale, offer or attempt to sell for charitable purposes, shall
include the making or disseminating or causing to be made or disseminated before the public in this state, in any
newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other
manner or means whatsoever any such solicitation.
Colorado
Source: Colorado Revised Statutes
Section: Article 6-16: Colorado Charitable Solicitations Act. Section 6-16-103: Definitions.
Cite: Colo. Rev. Stat. § 6-16-103 (http://web.intellinetusa.com/stat98/, Feb. 1999).
- Charitable sales promotion
- Section 6-16-103
(3) "Charitable sales promotion" means an advertising or sales campaign which is conducted by a commercial
coventurer and which represents that the purchase or use of goods or services offered by the commercial coventurer
will benefit, in whole or in part, a charitable organization or purpose.
- Commercial coventurer
- Section 6-16-103
(4) "Commercial coventurer" means a person who, for profit, is regularly and primarily engaged in trade
or commerce other than in connection with soliciting for charitable organizations or purposes and who conducts
a charitable sales promotion.
- Paid Solicitor or Professional fund raiser
- Section 6-16-103
(7) "Paid solicitor" or "professional fund raiser" means a person who, for monetary compensation,
performs any service in which contributions will be solicited in this state by such compensated person or by any
compensated person he employs, procures, or engages, directly or indirectly, to solicit for contributions. The
following persons are not "paid solicitors" or "professional fund raisers":
- (a) A person whose sole responsibility is to print or mail fund-raising literature;
(b) A lawyer, investment counselor, or banker who, in his professional capacity, advises a person to make a charitable
contribution;
(c) A bona fide volunteer; or
(d) A director, officer, or compensated employee who is directly employed by a charitable organization which, at
the time of the solicitation, had received a determination letter from the internal revenue service granting the
organization tax-exempt status pursuant to 26 U.S.C. sec. 501 (c) (3), (c) (4), (c) (8), (c) (10), or (c) (19).
For purposes of this paragraph (d), such a determination letter shall not have retroactive effect.
(e) Any employee of the department of revenue collecting voluntary contributions for organ and tissue donations
under the provisions of sections 42-2-107 (4) (b) (V) and 42-2-118 (1) (a) (II), C.R.S.
Connecticut
Source: General Statutes of Connecticut
Section: Title 21a: Consumer Protection. Chapter 419d: Solicitation of Charitable Funds Act. Section 21a-190a:
Solicitation of charitable funds: Definitions.
Cite: Conn. Gen. Stat. § 21a-190a (http://www.cslnet.ctstateu.edu/statutes/, Feb. 1999).
- Fund-raising counsel
- Section 21a-190a (6) "Fund-raising
counsel" means a person who for compensation plans, manages, advises or consults with respect to the solicitation
in this state of contributions by a charitable organization, but who does not solicit contributions and who does
not directly or indirectly employ, procure or engage any person compensated to solicit contributions. A bona fide
nontemporary salaried officer or employee of a charitable organization shall not be deemed to be a fund-raising
counsel.
- Paid solicitor
- Section 21a-190a (7) "Paid
solicitor" means a person who for compensation, other than any nonmonetary gift of nominal value awarded to
a volunteer solicitor as an incentive or token of appreciation, performs for a charitable organization any service
in connection with which contributions are solicited by such person or by any person he directly or indirectly
employs, procures or engages to solicit for such compensation. A bona fide nontemporary salaried officer or employee
of a charitable organization shall not be deemed to be a paid solicitor.
- Commercial coventurer
- Section 21a-190a (8) "Commercial
coventurer" means a person who for profit is regularly and primarily engaged in trade or commerce in this
state other than in connection with the raising of funds for charitable organizations or purposes and who conducts
a charitable sales promotion.
- Charitable sales promotion
- Section 21a-190a (9) "Charitable
sales promotion" means an advertising or sales campaign, conducted by a commercial coventurer, which represents
that the purchase or use of goods or services offered by the commercial coventurer are to benefit a charitable
organization or purpose.
Delaware
Source: Delaware
Code
Section: Title 6: Commerce and Trade. Subtitle II: Other Laws Relating to Commerce and Trade. Chapter 25:
Prohibited Trade Pracitces. Subchapter X: Charitable/Fraternal Solicitation. Section 2593: Definitions.
Cite: Del. Code tit. 6, § 2593 (http://www.lexislawpublishing.com/sdCGI-BIN/om_isapi.dll?&infobase=decode.NFO&softpage=browse_frame_pg,
Feb. 1999).
- Charitable/fraternal solicitation
- Section
2593 (3) "Charitable/fraternal solicitation" means any oral or written request, directly or indirectly,
for money, credit, property, financial assistance or other thing of value on the plea or representation that such
money, credit, property, financial assistance or other thing of value or any portion thereof, will be used for
a charitable/fraternal purpose or the benefit of a charitable/fraternal organization. No actual contribution need
be made in order for a charitable/fraternal solicitation to be deemed to have taken place.
- Professional solicitor
- Section
2593 (6) "Professional solicitor" means a person who, for financial consideration, solicits contributions
for a charitable/fraternal purpose or on behalf of a charitable/fraternal organization, either personally or through
agents or employees employed or designated for that purpose. The term does not include a charitable/fraternal organization
or an officer, director, employee, member or volunteer of a charitable/fraternal organization.
Florida
Source: Florida Statutes
Section: Title XXXIII: Regulatio of Trade, Commerce, Investments, and Solicitations. Chapter 496: Solicitation
of Funds. Section 496.404: Definitions.
Cite: Fla. Stat. § 496.404 (http://www.leg.state.fl.us/citizen/documents/statutes/, Feb. 1999).
- Charitable sales promotion
- Section 496.404
(3) "Charitable sales promotion" means an advertising or sales campaign conducted by a commercial co-venturer
which represents that the purchase or use of goods or services offered by the commercial co-venturer are to benefit
a charitable organization. The provision of advertising services to a charitable organization does not, in itself,
constitute a charitable sales promotion.
- Commercial co-venturer
- Section 496.404
(4) "Commercial co-venturer" means any person who, for profit, regularly and primarily is engaged in
trade or commerce other than in connection with solicitation of contributions and who conducts a charitable sales
promotion or a sponsor sales promotion.
- Professional fundraising consultant
- Section 496.404
(18) "Professional fundraising consultant" means any person who is retained by a charitable organization
or sponsor for a fixed fee or rate under a written agreement to plan, manage, conduct, carry on, advise, consult,
or prepare material for a solicitation of contributions in this state, but who does not solicit contributions or
employ, procure, or engage any compensated person to solicit contributions and who does not at any time have custody
or control of contributions. A bona fide volunteer or bona fide employee or salaried officer of a charitable organization
or sponsor maintaining a permanent establishment in this state is not a professional fundraising consultant. An
attorney, investment counselor, or banker who advises an individual, corporation, or association to make a charitable
contribution is not a professional fundraising consultant as the result of such advice.
- Professional solicitor
- Section 496.404
(19) "Professional solicitor" means any person who, for compensation, performs for a charitable organization
or sponsor any service in connection with which contributions are or will be solicited in this state by the compensated
person or by any person it employs, procures, or otherwise engages, directly or indirectly, to solicit contributions,
or a person who plans, conducts, manages, carries on, advises, consults, whether directly or indirectly, in connection
with the solicitation of contributions for or on behalf of a charitable organization or sponsor, but who does not
qualify as a professional fundraising consultant. A bona fide volunteer or bona fide employee or salaried officer
of a charitable organization or sponsor maintaining a permanent establishment in this state is not a professional
solicitor. An attorney, investment counselor, or banker who advises an individual, corporation, or association
to make a charitable contribution is not a professional solicitor as the result of such advice.
- Solicitation
- Section 496.404
(21) "Solicitation" means a request, directly or indirectly, for money, property, financial assistance,
or any other thing of value on the plea or representation that such money, property, financial assistance, or other
thing of value or a portion of it will be used for a charitable or sponsor purpose or will benefit a charitable
organization or sponsor. "Solicitation" includes, but is not limited to, the following methods of requesting
or securing the promise, pledge, or grant of money, property, financial assistance, or any other thing of value:
- (a) Any oral or written request;
(b) Making any announcement to the press, on radio or television, by telephone or telegraph, or by any other communication
device concerning an appeal or campaign by or for any charitable organization or sponsor or for any charitable
or sponsor purpose;
(c) Distributing, circulating, posting, or publishing any handbill, written advertisement, or other publication
that directly or by implication seeks to obtain any contribution; or
(d) Selling or offering or attempting to sell any advertisement, advertising space, book, card, coupon, chance,
device, magazine, membership, merchandise, subscription, sponsorship, flower, admission, ticket, food, or other
service or tangible good, item, or thing of value, or any right of any description in connection with which any
appeal is made for any charitable organization or sponsor or charitable or sponsor purpose, or when the name of
any charitable organization or sponsor is used or referred to in any such appeal as an inducement or reason for
making the sale or when, in connection with the sale or offer or attempt to sell, any statement is made that all
or part of the proceeds from the sale will be used for any charitable or sponsor purpose or will benefit any charitable
organization or sponsor.
- A solicitation is considered as having taken place whether or not the person making the solicitation receives
any contribution. A solicitation does not occur when a person applies for a grant or an award to the government
or to an organization that is exempt from federal income taxation under s. 501(a) of the Internal Revenue Code
and described in s. 501(c) of the Internal Revenue Code.
Georgia
Source: Georgia Code
Section: Section 43-17-2.
Cite: Ga. Code § 43-17-2 (http://www.ganet.state.ga.us/services/ocode/ocgsearch.htm, Feb. 1999).
- Charitable sales promotion
- Section 43-17-2
(4) "Charitable sales promotion" means an advertising or sales campaign, conducted by a commercial coventurer,
which represents that the purchase or use of goods or services offered by the commercial coventurer will benefit,
in whole or in part, a charitable organization or purpose.
- Commercial coventurer
- Section 43-17-2
(5) "Commercial coventurer" means a person who for profit is regularly and primarily engaged in trade
or commerce other than in connection with soliciting for charitable organizations or purposes and who conducts
a charitable sales promotion.
- Fund raising counsel
- Section 43-17-2
(8) "Fund raising counsel" means any person who, for compensation, plans, manages, advises, consults,
or prepares material for, or with respect to, the solicitation in this state of contributionsfor a charitable organization,
but who does not solicit contributions and who does not employ, procure, or engage any compensated person to solicit
contributions. A lawyer, accountant, investment counselor, or banker who, solely incidental to his or her profession,
renders professional services to a charitable organization, paid solicitor, or fund-raising counsel or advises
a person to make a contribution or holds charitable funds subject to an escrow or trust agreement shall not be
deemed, as a result of such actions, to be a fundraising counsel. A bona fide salaried officer, employee, or volunteer
of a charitable organization shall not be deemed to be a fundraising counsel.
- Paid solicitor
- Section 43-17-2
(10) "Paid solicitor" means a person other than a commercial coventurer or charitable organization who,
for compensation, performs for a charitable organization any service in connection with which contributions are,
or will be, solicited within or from this state by such compensated person or by any compensated person he employs,
procures, or engages, directly or indirectly, to solicit. A paid solicitor shall also include any fundraising counsel
who at any time has custody of contributions from a solicitation as defined by this chapter. An attorney, investment
counselor, accountant, or banker who, solely incidental to his or her profession, advises a person to make a charitable
contribution or who holds funds subject to an escrow or trust agreement shall not be deemed, as the result of such
actions, to be a paid solicitor. A bona fide salaried officer, employee, or volunteer of a charitable organization
or commercial coventurer shall not be deemed to be a paid solicitor.
Hawaii
Source: Hawaii Revised Statutes
Section: Title 25: Professions and Occupations. Chapter 467B: Solicitation of Funds from the Public. Section
467B-1: Definitions.
Cite: Haw. Rev. Stat. § 467B-1 (http://www.capitol.hawaii.gov/Site1/Documents/HRS.htm, Feb. 1999).
- Charitable sales promotion
- Section 467B-1 "Charitable
sales promotion" means an advertising or sales campaign, conducted by a commercial co-venturer, that represents
that the purchase or use of goods or services offered by the commercial co-venturer will benefit, in whole or in
part, a charitable organization or charitable purpose.
- Commercial co-venturer
- Section 467B-1 "Commercial
co-venturer" means a person who, for profit, is regularly and primarily engaged in trade or commerce other
than in connection with soliciting for charitable organizations or charitable purposes, and who conducts charitable
sales promotions.
- Professional fund-raising counsel
- Section 467B-1 "Professional
fund-raising counsel" means any person who, for a fee, plans, conducts, manages, carries on, advises, or acts
as a consultant, whether directly or indirectly, in connection with soliciting contributions for or on behalf of
any charitable organization, but who actually solicits no contributions as a part of the person's services. The
term includes a bona fide volunteer, salaried officer, or employee of a charitable organization if the bona fide
volunteer, salaried officer, or employee of the charitable organization receives percentage compensation.
- Professional solicitor
- Section 467B-1 "Professional
solicitor" means any person who, for a financial or other consideration, solicits contributions for or on
behalf of a charitable organization. The term includes a bona fide volunteer, salaried officer, or employee of
a charitable organization if the bona fide volunteer, salaried officer, or employee of the charitable organization
receives percentage compensation. The term does not include an attorney, investment counselor or advisor, financial
advisor, or banker, or other person who:
(1) Advises another person to make a contribution to a charitable organization as part of the person's
employment; and
(2) Does not receive compensation from the charitable organization for that advice.
- Solicit and Solicitation
- Section 467B-1 "Solicit"
and "solicitation" mean a request directly or indirectly for money, credit, property, financial assistance,
or thing of value on the plea or representation that the money, credit, property, financial assistance, or thing
of value, or any portion thereof, will be used for a charitable purpose or to benefit a charitable organization.
These terms shall include the following:
- (1) Any oral or written request.
(2) The making of any announcement to any organization for the purpose of further dissemination, including announcements
to the press, over the radio or television, or by telephone, telegraph, or facsimile, concerning an appeal or campaign
by or for any charitable organization or purpose.
(3) The distribution, circulation, posting, or publishing of any handbill, written advertisement, or other publication
that directly or by implication seeks to obtain public support.
(4) Where the sale or offer or attempted sale, of any advertisement, advertising space, book, card, tag, coupon,
device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies, or other tangible item
in connection with which any appeal is made for any charitable organization or purpose; or where the name of any
charitable organization is used or referred to in any appeal as an inducement or reason for making any sale; or
where in connection with any sale, any statement is made that the whole or any part of the proceeds from any sale
will be used for any charitable purpose or to benefit any charitable organization.
(5) A request made through the use of receptacles for contributions such as honor boxes, vending machines, wishing
wells, contribution boxes, and novelty machines, where a charitable appeal is used or referred to or implied as
an inducement or reason to contribute.
- A solicitation occurs whether or not the person making the solicitation receives any contribution.
Idaho
Source: Idaho State Code (also here)
Section: Title 48: Monopolies and Trade Practices. Chapter 12: Idaho Charitable Solicitation Act. Section
48-1202 Definitions.
Cite: Idaho Code § 48-1202 (http://www.idwr.state.id.us/idstat/TOC/idstTOC.html, Feb. 1999).
- Charitable solicitation
- Section 48-1202 (3) "Charitable
solicitation" means any oral or written request, directly or indirectly, for money, credit, property, financial
assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance
or other thing of value or any portion thereof, will be used for a charitable purpose or benefit a charitable organization.
No contribution need be made in order for a charitable solicitation to be deemed to have taken place.
- Contribution
- Section 48-1202 (5) "Contribution"
means the grant, promise or pledge of money, credit, property, financial assistance or other thing of value in
response to a charitable solicitation.
The Idaho Charitable Solicitation Act doesn't
specifically address issues of professional fundraising for charities.
Illinois
Source: Illinois State Code (not available online)
Section: ?
Cite: ?
The Illinois state code is not available online. The relevent sections might be in the Solicitation for Charity
Act, 225 ILCS 460/1, ch. 23, par. 5100 et. seq.
Indiana
Source: Indiana Code
Section: Title 23: Business and Other Associations. Article 7: General Civil or Charitable Corporations.
Chapter 8: Professional Fundraiser Consultant and Solicitor Registration. Section 23-7-8-1.
Cite: Ind. Code § 23-7-8-1 (http://www.ai.org/legislative/ic/code, Feb. 1999).
- Professional fundraiser consultant
- Section 23-7-8-1 "Professional
fundraiser consultant" means any person who is hired for a fee to plan, manage, advise, or act as a consultant
in connection with soliciting contributions for, or on behalf of, a charitable organization, but who does not actually
solicit contributions as a part of the person's services or employ, procure, or engage a compensated person to
solicit contributions. The term does not include a charitable organization or a bona fide officer, employee, member,
or volunteer of a charitable organization.
- Professional solicitor
- Section 23-7-8-1 "Professional
solicitor" means a person who for a financial consideration solicits contributions for, or on behalf of, a
charitable organization, either personally or through agents or employees specifically employed for that purpose.
The term does not include a charitable organization or an officer, employee, member, or volunteer of a charitable
organization.
- Solicit
- Section 23-7-8-1 "Solicit"
means:
- (1) to request, other than as described in subdivision (2), directly or indirectly, financial assistance in
any form on the representation that the financial assistance will be used for a charitable purpose; or
(2) to sell, offer, or attempt to sell any advertisement, advertising space, membership, or tangible item:
- (A) in connection with which any appeal is made for any charitable organization or purpose;
(B) where the name of any charitable organization is used or referred to in any appeal made for any charitable
organization as an inducement or reason for making a sale described in this subdivision; or
(C) when or where in connection with a sale described in this subdivision any statement is made that the whole
or any part of the proceeds from the sale will be used for any charitable purpose or benefit any charitable organization.
- A solicitation shall be considered to have taken place whether or not the person making the solicitation receives
any contribution.
Iowa
Source: Iowa Code
Section: Chapter 13C. Section 13C.1: Definitions.
Cite: Iowa Code § 13C.1 (http://www.legis.state.ia.us/IACODE/1997/, Feb. 1999).
- Professional commercial fund-raiser
- Section 13C.1 (4) "Professional commercial
fund-raiser" means any person who for compensation solicits contributions in Iowa for a charitable organization
other than the person. A person whose sole responsibility is to mail fund-raising literature is not a professional
commercial fund-raiser. A lawyer, investment counselor, or banker who advises a person to make a charitable contribution
is not, as a result of such advice, a professional commercial fund-raiser. A bona fide salaried officer, employee,
or volunteer of a charitable organization is not a professional commercial fund-raiser.
- Solicit or Solicitation
- Section 13C.1 (6) "Solicit" or
"solicitation" means the request, directly or indirectly, for a contribution on the pleas or representation
that the contribution will be used for a charitable purpose. A solicitation is deemed to have taken place whether
or not the person making the solicitation receives a contribution. "Solicitation" does not include an
application for a grant from any governmental entity or private nonprofit foundation.
Kansas
Source: Kansas Statutes
Section: Chapter 17: Corporations. Article 17: Religious, Charitable and Other Organizations. Section 17-1760.
Cite: Kan. Stat. § 17-1760 (http://www.ink.org/public/statutes/statutes.html, Feb. 1999).
- Professional fund raiser
- Section 17-1760 (d) "professional fund
raiser" means any person, who is retained under contract or otherwise compensated by or on behalf of a charitable
organization primarily for the purpose of soliciting funds. Professional fund raiser includes a person who plans,
manages, advises, consults or prepares material for solicitations. Professional fund raiser shall not include any
bona fide employee of a charitable organization who receives regular compensation and is not primarily employed
for the purpose of soliciting funds, or an attorney, investment counselor, or banker who in the conduct of such
profession advises a client to make a contribution;
- Professional solicitor
- Section 17-1760 (e) "professional solicitor"
means any person who is employed or retained for compensation by a professional fund raiser to solicit contributions
for charitable purposes from persons in this state;
- Solicitation
- Section 17-1760 (f) "solicitation"
means any request or appeal, either oral or written, or any endeavor to obtain, seek or plead for funds, property,
financial assistance or other thing of value, including the promise or grant of any money or property of any kind
or value for a charitable purpose, but excluding:
- (1) Direct grants or allocation of funds received or solicited from any affiliated fund-raising organization
by a member agency; and
(2) unsolicited contributions received from any individual donor, foundation, trust, governmental agency or other
source, unless such contributions are received in conjunction with a solicitation drive.
Kentucky
Source: Kentucky Revised Statutes
Section: Title XXIX: Commerce and Trade. Chapter 367: Consumer Protection. Section 367.650: Solicitation
for Charitable and Civic Purposes: Definitions for KRS 367.650 to 367.670.
Cite: Ky. Rev. Stat. § 367.650 (http://www.lrc.state.ky.us/statrev/frontpg.htm, Feb. 1999).
- Solicit and Solicitation
- Section 367.650 (4) "Solicit" and
"solicitation" mean, respectively, to engage in, and the act of, requesting, directly or indirectly,
that an addressed person or limited audience or the public generally make a contribution. Solicitation shall be
deemed to have taken place when the request is made, whether or not the requested contribution is made.
- Professional solicitor
- Section 367.650 (6) "Professional solicitor"
means a person who for compensation or other financial consideration solicits contributions in this state, directly
or indirectly, for or on behalf of a charitable organization. A person qualifies as a professional solicitor if
he is hired on a fee, commission, or percentage basis and the work is performed by him or his agents or the employees
or volunteers of the benefitting charitable organization under the direction, supervision, or instruction of the
solicitor. A professional solicitor conducts or supervises specific fundraising activities or events in which gifts
are solicited, received, and deposited by the professional solicitor or his agents, expenses are paid, and net
proceeds delivered to the charitable organization. A bona fide salaried officer, employee, or volunteer of a charitable
organization shall not be deemed to be a professional solicitor, unless he is employed or engaged as a fundraising
onsultant or a professional solicitor by another charitable organization.
- Fundraising consultant
- Section 367.650 (7) "Fundraising consultant"
means any person who, for compensation, plans, manages, advises, consults, or develops material for or with respect
to the solicitation for any charitable organization. A fundraising consultant shall not, at any time, have custody
of contributions from a solicitation or solicit contributions, directly or indirectly. If a fundraising consultant's
fee is related to the amount of contributions received from a solicitation in which he took part, the consultant
is considered a professional solicitor. A fundraising consultant shall not employ, procure, or otherwise engage
any compensated person to solicit contributions. A bona fide salaried officer, employee, or volunteer of a charitable
organization shall not be deemed to be a fundraising consultant, unless he is employed or engaged as a fundraising
consultant or a professional solicitor by another charitable organization.
- Solicitor
- Section 367.650 (9) "Solicitor"
means a natural person who, by personal contact, transmitted oral communication or writing which identifies that
person, requests a specific person to make a contribution for charitable or civic purposes.
Louisiana
Source: (not available online)
Section: ?
Cite: ?
The Louisana state code is not available online. The relevent sections might be Louisiana Revised Statutes Title
51, Chapter 24, Sec. 1901 et.seq.
Maine
Source: Maine Revised Statutes
Section: Title 9: Banks and Financial Institutions. Part 13. Chapter 385: Charitable Solicitations Act.
Section 5003: Definitions.
Cite: Me. Rev. Stat. tit. 9, § 5003 (http://www.lrc.state.ky.us/statrev/frontpg.htm, Mar. 1999).
- Commercial co-venturer
- Title 9. Chapter 385. Section
5003. (3) Commercial co-venturer. "Commercial co-venturer" shall mean any person who, for profit
or other commercial consideration, shall conduct, promote, underwrite, arrange or sponsor a sale, performance or
event of any kind which is advertised in conjunction with the name of any charitable organization. Any such person
who will benefit in good will only shall not be deemed a commercial co-venturer if the collection and distribution
of the proceeds of the sale, performance or event are supervised and controlled by the benefiting charitable organization.
- Contribution
- Title 9. Chapter 385. Section
5003. (4) Contribution. "Contribution" means the promise or grant of any money or property of any
kind or value, including the payment or promise to pay in consideration of a sale, performance or event of any
kind which is advertised in conjunction with the name of any charitable organization. This definition does not
include:
- A. Payments by members of an organization for membership fees, dues, fines or assessments, or for services
rendered to individual members, if membership in the organization confers a bona fide right, privilege, professional
standing, honor or other direct benefits, other than the right to vote, elect officers or hold offices; or
B. Money or property received from any governmental authority.
- Professional fund-raising counsel
- Title 9. Chapter 385. Section
5003. (9) Professional fund-raising counsel. "Professional fund-raising counsel" means any person
who, for a flat fixed fee under a written agreement or for a fee computed under a written agreement on the basis
of funds actually raised or to be raised, or for any financial consideration of any kind or amount, plans, conducts,
manages, carries on, advises or acts as a consultant, whether directly or indirectly, in connection with soliciting
contributions for or on behalf of any charitable organization. A bona fide salaried officer or employee of a charitable
organization, including an employee of a parent organization, shall not be deemed to be a professional fund-raising
counsel unless that person's salary or other compensation is computed on the basis of funds to be raised or actually
raised or the services performed by the person are performed on behalf of some organization other than the one
which employs that person or a chapter, branch or affiliate thereof. No attorney, investment counselor or banker
who advises any person to make a contribution to a charitable organization shall be deemed, as the result of such
advice, to be a professional fund-raising counsel. [1977, c. 654, § 1 (amd).]
- Professional solicitor
- Title 9. Chapter 385. Section
5003. (10) Professional solicitor. "Professional solicitor" means any person who for a financial
or other consideration engages, employs, directs or contracts with any other person to solicit contributions or
directs agents, servants or employees specially employed by or for a charitable organization for the purpose of
soliciting contributions. A bona fide salaried officer or employee of a charitable organization, including an employee
of a parent organization, shall not be deemed to be a professional solicitor unless that person's salary or other
compensation is computed on the basis of funds to be raised or actually raised or the services performed by the
person are performed on behalf of some organization other than the one which employs that person or a chapter,
branch or affiliate thereof. [1979, c. 127, § 50 (amd).]
- Solicit and solicitation
- Title 9. Chapter 385. Section
5003. (11) Solicit and solicitation. "Solicit and solicitation" means any oral or written request,
however communicated directly or indirectly, for any contribution. "Solicitation" as defined herein shall
be deemed to have taken place when the request is made, whether or not the person making the solicitation receives
any contribution in response.
Maryland
Source: (not available online)
Section: ?
Cite: ?
The Maryland state code is not available online. The relevent sections might be 6-101 and 6-102.
Massachusetts
Source: General Laws of Massachusetts
Section: Part I: Administration of the Government. Title XI: Certain Religious and Charitable Matters. Chapter
68: Donations and Conveyances for Pious and Charitable Uses. Section 18: Definitions.
Cite: Mass. Gen. Laws ch. 68, § 18 (http://www.state.ma.us/legis/laws/mgl/, Mar. 1999).
- Commercial co-venturer
- Chapter 68. Section 18. "Commercial co-venturer",
any person who for profit or other commercial consideration, conducts, produces, promotes, underwrites, arranges
or sponsors a performance, event, or sale to the public of a good or service which is advertised in conjunction
with the name of any charitable organization or as benefiting to any extent any charitable purpose. Any such person
who will benefit in good will only shall not be deemed a commercial co-venturer if the collection and distribution
of the proceeds of the performance, event or sale are supervised and controlled by the benefiting charitable organization;
- Professional fund-raising counsel
- Chapter 68. Section 18. "Professional fund-raising
counsel", any person who is retained for a financial or other consideration by a charitable organization to
plan, conduct, manage, carry on, advise or act as a consultant whether directly or indirectly in connection with
the solicitation of contributions in this commonwealth for or on behalf of any charitable organization but who
actually solicits no contributions and has neither custody nor control of contributions as part of such services.
A bona fide salaried officer or regular, nontemporary employee of a charitable organization maintaining a permanent
establishment within the commonwealth shall not be deemed to be a professional fund-raising counsel;
- Professional solicitor
- Chapter 68. Section 18. "Professional solicitor",
any person who is retained for a financial or other consideration by a charitable organization to solicit in this
commonwealth contributions for charitable purposes directly or in the form of payment for goods or services, whether
such solicitation is done individually or through other persons under the direction of the professional solicitor.
A person who otherwise is a professional fund-raising counsel shall be deemed a professional solicitor if at any
time he has custody or control of contributions. A bona fide salaried officer or regular, nontemporary employee
of a charitable organization maintaining a permanent establishment within the commonwealth shall not be deemed
to be a professional solicitor. No attorney, investment counselor or banker who advises an individual corporation
or association to make a charitable contribution shall be deemed, as the result of such advice, to be a professional
fund-raising counsel or a professional solicitor;
- Solicit or solicitation
- "Solicit" or "solicitation", any direct or indirect request for a contribution on the representation
that such contribution will be used in whole or in part for a charitable purpose, including but not limited to:
- (1) any oral request that is made in person, by telephone, radio or television or other advertising or communications
media;
(2) any written or otherwise recorded or published request that is mailed, sent, delivered, circulated, distributed,
posted in a public place, or advertised or communicated by press, telegraph, television or other media;
(3) any sale of, offer or attempt to sell, any advertisement, advertising space, sponsorship, book, card, chance,
coupon, device, food, magazine, merchandise, newspaper, subscription, ticket or other service or tangible good,
thing or item of value; or
(4) any announcement requesting the public to attend an appeal, assemblage, athletic or competitive event, carnival,
circus, concert, contest, dance, entertainment, exhibition, exposition, game, lecture, meal, party, show, social
gathering or other performance or event of any kind.
Michigan
Source: Michigan Compiled Law (not available online)
Section: Section 400.271. (?)
Cite: ?
The Michigan state code is not available online. The relevent sections might be in the Charitable Organizations
and Solicitations Act, Act 169 of 1975. MCL 400.271; MSA 3.240(1).
Minnesota
Source: Minnesota Statutes
Section: Corporations. Chapter 309: Social and Charitable Organizations. Section 309.50: Solicitation of
charitable funds; definitions.
Cite: Minn. Stat. § 309.50 (http://www.revisor.leg.state.mn.us/stats/, Mar. 1999).
- Professional fund raiser
- Section 309.50 Subdivision 6. "Professional
fund raiser" means any person who for financial compensation or profit performs for a charitable organization
any service in connection with which contributions are, or will be, solicited in this state by the compensated
person or by any compensated person the person employs, procures, or engages to solicit; or any person who for
compensation or profit plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation
in this state of contributions for a charitable organization. No investment adviser, investment adviser representative,
broker-dealer, or agent licensed pursuant to chapter 80A, or lawyer, accountant, or banker who advises a person
to make a charitable contribution or who provides legal, accounting, or financial advice in the ordinary course
of a profession or business shall be deemed, as a result of the advice, to be a professional fund raiser. A bona
fide salaried officer, employee, or volunteer of a charitable organization is not a professional fund raiser.
- Solicit and solicitation
- Section 309.50 Subdivision 10. "Solicit"
and "solicitation" mean the request directly or indirectly for any contribution, regardless of which
party initiates communication, on the plea or representation that such contribution will or may be used for any
charitable purpose, and include any of the following methods of securing contributions:
- (1) Oral or written request;
(2) The distribution, circulation, mailing, posting, or publishing of any handbill, written advertisement, or
publication;
(3) The making of any announcement to the press, over the radio, by television, by telephone, or telegraph concerning
an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment,
exhibition, exposition, party, performance, picnic, sale, or social gathering, which the public is requested to
patronize or to which the public is requested to make a contribution;
(4) The sale of, offer, or attempt to sell, any advertisement, advertising space, book, card, magazine, merchandise,
subscription, ticket of admission, or any other thing, or the use of the name of any charitable person in any offer
or sale as an inducement or reason for purchasing any such item, or the making of any statement in connection with
any such sale, that the whole or any part of the proceeds from any such sale will be used for any charitable purpose.
A "solicitation" shall be deemed completed when made, whether or not the person making the same receives
any contribution or makes any such sale.
Mississippi
Source: Mississippi Code
Section: Title 79: Corporations, Associations, and Partnerships. Chapter 11: Nonprofit, Nonshare Corporations
and Religious Societies. Section 79-11-501: Definitions.
Cite: Miss. Code § 79-11-501 (http://www.sos.state.ms.us/policy_admin/mscode/index.html, Mar. 1999).
- Fund-raising counsel
- Section 79-11-501 (e) "Fund-raising counsel"
means a person (i) who for a fixed fee or rate under a written agreement plans, manages, advises or consults with
respect to the solicitation in this state of contributions by a charitable organization, (ii) who neither solicits
contributions nor directly or indirectly employ, procure or engage any person compensated to solicit contributions,
and (iii) who does not at any time, whether directly or indirectly, receive or have custody or control of contributions.
A bona fide nontemporary salaried officer or employee of a charitable organization shall not be deemed to be a
fund-raising counsel. No attorney, accountant or banker who renders professional services to a charitable organization
or advises a person to make a charitable contribution during the course of rendering professional services to that
person shall be deemed, as a result of the professional service or advice rendered, to be a fund-raising counsel.
- Professional fund-raiser
- Section 79-11-501 (g) "Professional fund-raiser"
means any person who for compensation or other consideration is retained by a charitable organization to solicit
in or from this state contributions for charitable purposes directly or in the form of payment for goods, services
or admission to fund-raising events, whether such solicitation is performed personally or through his agents, servants
or employees or through agents, servants or employees especially employed by or for a charitable organization who
are engaged in the solicitation of contributions, the sale of goods or services or the production of fund-raising
events under the direction of such person, or a person who plans, conducts, manages, carries on, advises or consults,
whether directly or indirectly, in connection with the solicitation of contributions, sale of goods or services
or the production of fund-raising events for or on behalf of any charitable organization, but does not qualify
as a fund-raising counsel within the meaning of Sections 79-11-501 through 79-11-529, or who engages in the business
of or holds himself out as independently engaged in the business of soliciting contributions for such purposes.
A bona fide officer or employee of a charitable organization shall not be deemed a professional fund-raiser unless
his salary or other compensation is paid as a commission which is computed on the basis of funds to be raised or
actually raised.
- Professional solicitor
- Section 79-11-501 (h) "Professional solicitor"
means any person who is employed or retained for compensation by a professional fund-raiser to solicit contributions
for charitable purposes from persons in this state.
- Solicitation or solicit
- Section 79-11-501 (j) "Solicitation"
or "solicit" means the request, directly or indirectly, for money, credit, property, financial assistance,
or any other thing of value on the plea or representation that such money, credit, property, financial assistance,
or any other thing of value or a portion of it will be used for a charitable purpose or will benefit a charitable
organization. "Solicitation" or "solicit" includes, but is not limited to, the following methods
of requesting or securing money, credit, property, financial assistance or any other thing of value:
- (i) Any oral or written request.
(ii) The making of any announcement in the press, over the radio or television, by telephone, through the mail
or any other media concerning an appeal or campaign by or for any charitable organization or purpose.
(iii) The distribution, circulation, posting or publishing of any handbill, written advertisement or other publication
which directly or by
implication seeks to obtain a contribution.
(iv) The offer of, attempt to sell, or sale of any advertising space, book, card, tag, coupon, device, magazine,
membership, merchandise, subscription, flower, ticket, candy, cookies or other tangible item in connection with
which any appeal is made for any charitable organization or purpose, or where the name of any charitable organization
is used or referred to in any appeal as an inducement or reason for making any sale, or where any statement is
made that the whole or any part of the proceeds from the sale will be used for any charitable purpose or will benefit
any charitable organization.
(v) The use or employment of container, canisters, cards, receptacles or similar devices for the collection of
money or other thing of value in connection with which any appeal is made for any charitable organization or purpose.
(vi) Any announcement requesting the public to attend an appeal, assemblage, athletic or competitive event, carnival,
circus, concert, contest, dance, entertainment, exhibition, exposition, game, lecture, meal, party, show, social
gathering or other performance or event of any kind.
- A solicitation shall take place whether or not the person making the solicitation receives any contribution,
except that a charitable organization's use of its own name in any communication shall not alone be sufficient
to constitute a solicitation.
Missouri
Source: Missouri Revised Statutes
Section: Title XXVI: Trade and Commerce. Chapter 407: Merchandising Practices. Section 407.453: [Charitable
Organizations and Solicitations Law] Definitions.
Cite: Mo. Rev. Stat. § 407.453 (http://www.moga.state.mo.us/homestat.htm, Mar. 1999).
- Professional fundraiser
- Title XXVI. Chapter 407.453 (4) "Professional
fundraiser", any person, as defined in section 407.010, who is retained under contract or otherwise compensated
by or on behalf of a charitable organization primarily for the purpose of soliciting funds. The term "professional
fundraiser" shall not include any bona fide employee of a charitable organization who receives regular compensation
and is not primarily employed for the purpose of soliciting funds;
- Solicitation
- Title XXVI. Chapter 407.453 (6) "Solicitation",
any request or appeal, either oral or written, or any endeavor to obtain, seek or plead for funds, property, financial
assistance or other thing of value, including the promise or grant of any money or property of any kind or value
for a charitable purpose, but excluding:
- (a) Direct grants or allocation of funds received or solicited from any affiliated fund-raising organization
by a member agency; and
(b) Unsolicited contributions received from any individual donor, foundation, trust, governmental agency or other
source, unless such contributions are received in conjunction with a solicitation drive.
Montana
Source: Montana
Code
Section: n/a
Cite: n/a (http://statedocs.msl.state.mt.us/cgi-bin/om_isapi.dll?clientID=3014&infobase=MCA_97.NFO&softpage=Browse_Frame_Pg,
Mar. 1999)
The Montana state code does not define any professional charitable fundraising entities.
Nebraska
Source: Nebraska Statutes
(also here)
Section: n/a
Cite: n/a (http://statutes.unicam.state.ne.us/cgi-bin/folioisa.dll/Statutes.nfo?, Mar. 1999)
The Nebraska Charitable Solicitor registration laws were repealed due to a March 1, 1996, Nebraska Supreme Court
ruling.
Nevada
Source: Nevada Revised Statutes (and search)
Section: Chapter 598: Deceptive Trade Practices. Section 598.1305: [Solicitations for or on Behalf of Charitable
Organizaitons] Prohibited acts; jurisdiction of attorney general; violation constitutes deceptive trade practice.
Cite: Nev. Rev. Stat. § 598.1305 (http://www.leg.state.nv.us/NRS/index.htm, Mar. 1999).
The State of Nevada does not require charitable solicitors in particular to register with any state agency,
although it regulates deceptive trade practices specifically with regard to charitable solicitation.
- Solicitation
- Section 598.1305 (4)(b) "Solicitation" means
a request for a contribution to a charitable organization that is made by:
- (1) Mail;
(2) Commercial carrier;
(3) Telephone, facsimile or other electronic device; or
(4) A face-to-face meeting.
- The term includes solicitations which are made from a location within this state and solicitations which are
made from a location outside of this state to persons located in this state.
New Hampshire
Source: New Hampshire Revised Statutes
Section: Title 1: The State And Its Government. Chapter 7: Attorneys General, Director of Charitable Trusts,
and County Attorneys. Director of Charitable Trusts. Section 7:21: Definitions.
Cite: N.H. Rev. Stat. § 7:21 (http://199.92.250.14/rsa/, Mar. 1999).
- Charitable sales promotion
- Section 7:21 I. "Charitable sales promotion" means
an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or
use of goods or services offered by the commercial co-venturer shall benefit, in whole or in part, a charitable
trust or purpose.
- Fund raising counsel
- Section 7:21 V. "Fund raising counsel" means a
person who for compensation plans, manages, advises, consults, or prepares material for, or with respect to, the
solicitation in this state of contributions for a charitable trust, but who does not solicit contributions and
who does not employ, procure, or engage any compensated person to solicit contributions. No lawyer, investment
counsellor, or banker who advises a person to make a contribution shall be deemed, as a result of such advice,
to be a fund raising counsel. A bona fide salaried officer, employee or volunteer of a charitable trust shall not
be deemed to be a fund raising counsel.
- Paid solicitor
- Section 7:21 VI. "Paid solicitor" means a person
who for compensation performs for a charitable trust any service in connection with which contributions are or
shall be solicited in this state by such compensated person or by any compensated person he employs, procures,
or engages, directly or indirectly, to solicit. No lawyer, investment counsellor, or banker who advises a person
to make a charitable contribution shall be deemed, as the result of such advice, to be a paid solicitor. A bona
fide salaried officer, employee, or volunteer of a charitable trust shall not be deemed to be a paid solicitor.
- Solicit and solicitation
- Section 7:21. VII. "Solicit" and "solicitation"
means the request directly or indirectly for money, credit, property, financial assistance, or other thing of any
kind or value on the plea or representation that such money, credit, property, financial assistance, or other thing
of any kind or value, or any portion thereof, shall be used for a charitable purpose or benefit a charitable trust.
Without limiting the scope of such terms, these words shall include the following methods of requesting or securing
such money, credit, property, financial assistance or other thing of value:
- (a) Any oral or written request.
(b) The making of any announcement to the press, by radio, television, telephone, or telegraph concerning an appeal
or campaign by or for any charitable trust or purpose.
(c) The distribution, circulation, posting or publishing of any handbill, written advertisement or other publication
which directly or by implication seeks to obtain public support.
(d) The sale of, offer, or attempt to sell any advertisement, advertising space, book, card, tag, coupon, device,
magazine, membership, merchandise, subscription, flower, ticket, candy, cookies, or other tangible item in connection
with which any appeal is made for any charitable trust or purpose, or where the name of any charitable trust is
used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in
connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale
shall be used for any charitable purpose or benefit any charitable trust. A solicitation shall be deemed to have
taken place whether or not the person making the same receives any contribution.
New Jersey
Source: New
Jersey Permanent Statutes
Section: Title 45: Professions and Occupations. Section 45:17A-20. [Charitable Registration and Investigation
Act]
Cite: N.J. Stat. § 45:17A-20 (http://www.njleg.state.nj.us/cgi-bin/om_isapi.dll? clientID=12930&expandheadings=on&headingswithhits=on &infobase=Statutes.nfo&softpage=HitList_Frame_Pg,
Mar. 1999).
- Charitable sales promotion
- Section
45:17A-20 "Charitable sales promotion" means an advertising or sales campaign, conducted by a commercial
co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer
will benefit a charitable organization or purpose.
- Commercial co-venturer
- Section
45:17A-20 "Commercial co-venturer" means any person who, for profit or other consideration is regularly
and primarily engaged in trade or commerce other than in connection with the raising of funds or any other thing
of value for a charitable organization, and who advertises that the purchase or use of his goods, services, entertainment
or any other thing of value will benefit a charitable organization.
- Fund raising counsel
- Section
45:17A-20 "Fund raising counsel" means any person who is retained by a charitable organization for
a fixed fee or rate to plan, manage, advise, consult or prepare material for or with respect to the solicitation
in this State of contributions for a charitable organization, but who does not solicit contributions or employ,
procure or engage any compensated person to solicit contributions. A bona fide salaried officer, employee, or volunteer
of a charitable organization shall not be deemed to be a fund raising counsel. No attorney, accountant or banker
who renders professional services to a charitable organization or advises a person to make a charitable contribution
during the course of rendering professional services to that person shall be deemed, as a result of the professional
service or advice rendered, to be a fund raising counsel.
- Independent paid fund raiser
- Section
45:17A-20 "Independent paid fund raiser" means any person who for compensation performs for a charitable
organization any service in connection with which contributions are, or will be solicited in this State by that
compensated person or by any compensated person he employs, procures, or engages, directly or indirectly to solicit
contributions. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed
to be an independent paid fund raiser. No attorney, accountant or banker who advises a person to make a charitable
contribution during the course of rendering professional services to that person shall be deemed, as a result of
that advice, to be an independent paid fund raiser.
- Solicitation or solicit
- Section
45:17A-20 "Solicitation" or "solicit" means the request, directly or indirectly, for money,
credit, property, financial assistance, or other thing of any kind or value which will be used for a charitable
purpose or benefit a charitable organization. Solicitation shall include, but not be limited to, the following
methods of requesting or securing money, credit, property, financial assistance or other thing of value:
- (1) Any oral or written request;
(2) The making of any announcement in the press, over the radio or television, by telephone, through the mail or
any other media concerning an appeal or campaign by or for any charitable organization or purpose;
(3) The distribution, circulation, posting or publishing of any handbill, written advertisement or other publication
which directly or by implication seeks to obtain a contribution;
(4) The offer of, attempt to sell, or sale of any advertising space, book, card, tag, coupon, device, magazine,
membership, merchandise, subscription, flower, ticket, candy, cookies or other tangible item in connection with
which any appeal is made for any charitable organization or purpose, or where the name of any charitable organization
is used or referred to in any appeal as an inducement or reason for making any sale, or where any statement is
made that the whole or any part of the proceeds from the sale will be used for any charitable purpose or benefit
any charitable organization;
(5) The use or employment of canisters, cards, receptacles or similar devices for the collection of money or other
thing of value in connection with which any appeal is made for any charitable organization or purpose.
- A solicitation shall take place whether or not the person making the solicitation receives any contribution,
except that a charitable organization's use of its own name in any communication shall not alone be sufficient
to constitute a solicitation.
- Solicitor
- Section
45:17A-20 "Solicitor" means any individual who attempts to solicit or solicits contributions, for
compensation, and who is subject to the control of an independent paid fund raiser. The term "control"
means the direct management, direction and supervision of performance of a solicitor's activities in connection
with the solicitation of contributions by the independent paid fund raiser.
New Mexico
Source: New
Mexico Statutes
Section: Chapter 57: Trade Practices and Regulations. Article 22: Charitable Organizations and Solicitations.
Sections 57-22-3: Definitions, and 57-22-8: Disclosure of fund raising costs.
Cite: N.M. Stat. § 57-22-3 (http://www.lexislawpublishing.com/sdCGI-BIN/om_isapi.dll?&infobase=nmsa1978.NFO&softpage=browse_frame_pg,
Mar. 1999).
- Solicitation
- Section
57-22-3 E. "solicitation" means any request or appeal, either oral or written, or any endeavor to
obtain, seek or plead for funds, property, financial assistance or other thing of value, including the promise
or grant of any money or property of any kind or value for a charitable purpose, but excluding:
- (1) direct grants or allocation of funds received or solicited from any affiliated fund raising organization
by a member agency; and
(2) unsolicited contributions received from any individual donor, foundation, trust, governmental agency or other
source, unless such contributions are received in conjunction with a solicitation drive.
- Professional fundraiser
- The term "professional fundraiser" is used in the New Mexico Charitable Organizations and Solicitations
Act, Section
57-22-8 (disclosure of fund raising costs), but is never defined.
New York
Source: New York State Consolidated Laws
Section: Chapter 18: Executive Law. Article 7-A: Solicitation and Collection of Funds for Charitable Purposes.
Section 171-a: Definitions.
Cite: N.Y. Exec. Law § 171-a (http://assembly.state.ny.us/cgi-bin/claws, Mar. 1999).
- Professional fund raiser
- Executive Law. Article 7A. Section 171-a
(4) "Professional fund raiser." Any person who directly or indirectly: (a) for compensation or other
consideration plans, manages, conducts, carries on, or assists in connection with a charitable solicitation or
individually solicits or who employs or otherwise engages on any basis another person to solicit in this state
for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds
himself out to persons in this state as independently engaged in the business of soliciting for such purpose; (b)
solicits by telephone or door-to-door and advertises a sale, performance, or event will benefit a charitable organization;
or (c) who advertises a sale, performance, or event will benefit a charitable organization but is not a commercial
co-venturer. A bona fide officer, volunteer or employee of a charitable organization or fund raising counsel shall
not be deemed a professional fund raiser.
- Professional solicitor
- Executive Law. Article 7A. Section 171-a
(5) "Professional solicitor." Any person who is employed or retained for compensation by a professional
fund raiser to solicit contributions for charitable purposes or for the purposes of any law enforcement support
organization from persons in this state.
- Commercial co-venturer
- Executive Law. Article 7A. Section 171-a
(6) "Commercial co-venturer." Any person who for profit is regularly and primarily engaged in trade or
commerce other than in connection with the raising of funds or any other thing of value for a charitable organization
and who advertises that the purchase or use of goods, services, entertainment, or any other thing of value will
benefit a charitable organization.
- Fund raising counsel
- Executive Law. Article 7A. Section 171-a
(9) "Fund raising counsel." Any person who for compensation consults with a charitable organization or
who plans, manages, advises, or assists with respect to the solicitation in this state of contributions for or
on behalf of a charitable organization, but who does not have access to contributions or other receipts from a
solicitation or authority to pay expenses associated with a solicitation and who does not solicit. A bona fide
officer, volunteer, or employee of a charitable organization or an attorney at law retained by a charitable organization,
shall not be deemed a fund raising counsel.
- Solicit
- Executive Law. Article 7A. Section 171-a
(10) "Solicit." To directly or indirectly make a request, whether express or implied, through any medium.
A "solicitation" shall be deemed to have taken place whether or not the solicitor receives a contribution.
For purposes of this article, a "solicitation" or a "solicitation of contributions" includes
any advertising which represents that the purchase or use of goods, services, entertainment or any other thing
of value will benefit a charitable organization. Provided, however, that the preparation and the mailing of a written
solicitation for funds or any other thing of value to benefit a charitable organization shall not alone constitute
soliciting on the part of persons who prepared and mailed such solicitation if such person does not receive or
have access to such contributions.
North Carolina
Source: North Carolina General
Statutes
Section: Chapter 131F: Solicitation of Contributions. Section 131F-2: Definitions.
Cite: N.C. Gen. Stat. § 131F-2 (http://www.ncga.state.nc.us/html1999/statutes/statutes.html, Mar. 1999).
- Charitable sales promotion
- Section
131F-2 (4) "Charitable sales promotion" means an advertising or sales campaign that represents that
the purchase or use of goods or services offered by a coventurer is to benefit a charitable organization. The provision
of advertising services alone to a charitable organization does not constitute a charitable sales promotion.
- Coventurer
- Section
131F-2 (6) "Coventurer" means any person who, for compensation, conducts a charitable sales promotion
or a sponsor sales promotion, other than in connection with the solicitation of contributions.
- Fund-raising consultant
- Section
131F-2 (10) "Fund-raising consultant" means any person who meets all of the following:
- a. Is retained by a charitable organization or sponsor for a fixed fee or rate under a written agreement to
plan, manage, conduct, consult, or prepare material for the solicitation of contributions in this State.
b. Does not solicit contributions or employ, procure, or engage any person to solicit contributions.
c. Does not at any time have custody or control of contributions.
- Solicitation
- Section
131F-2 (18) "Solicitation" means a request, directly or indirectly, for money, property, financial
assistance, or any other thing of value on the plea or representation that it will be used for a charitable or
sponsor purpose or will benefit a charitable organization or sponsor. "Solicitation" may occur by any
of the following methods:
- a.Any oral or written request.
b.Any announcement to the press, radio, or television, by telephone or telegraph, or by any other communication
device.
c.Distributing, posting, or publishing any handbill, written advertisement, or other publication that directly
or by implication seeks to obtain any contribution.
d.Selling or offering or attempting to sell any good, service, chance, right, or any thing of value to benefit
a charitable organization or sponsor.
- The selling or offering or attempting to sell is a "solicitation" whether or not the person making
the solicitation receives any contribution. It is not a "solicitation" when a person applies for a grant
or an award to the government or to an organization that is exempt from federal income taxation under section 501(a)
of the Internal Revenue Code and described in section 501(c) of the Internal Revenue Code.
- Solicitor
- Section
131F-2 (19) "Solicitor" means any person who, for compensation, does not qualify as a fund-raising
consultant and does either of the following:
- a. Performs any service, including the employment or engagement of other persons or services, to solicit contributions
for a charitable organization or sponsor.
b. Plans, conducts, manages, consults, whether directly or indirectly, in connection with the solicitation of contributions
for a charitable organization or sponsor.
- Sponsor
- Section
131F-2 (20) "Sponsor" means a person who is or holds out to others as soliciting contributions by
the use of any name that implies affiliation with emergency service employees or law enforcement officers and who
is not a charitable organization. "Sponsor" includes a chapter, branch, or affiliate that has its principal
place of business outside the State, if this chapter, branch, or affiliate solicits or holds out to be soliciting
contributions in this State.
- Sponsor purpose
- Section
131F-2 (21) "Sponsor purpose" means any program or endeavor performed to benefit emergency service
employees or law enforcement officers.
- Sponsor sales promotion
- Section
131F-2 (22) "Sponsor sales promotion" means an advertising or sales campaign conducted by a coventurer
who represents that the purchase or use of goods or services offered by the coventurer will be used for a sponsor
purpose or donated to a sponsor. The provision of advertising services alone to a sponsor does not constitute a
sponsor sales promotion.
North Dakota
Source: North Dakota Century Code
Section: Title 50: Public Welfare. Section 50-22-01
Cite: N.D. Cent. Code § 50-22-01 (http://www.state.nd.us/lr/centurycode.html, Mar. 1999).
- Professional fundraiser
- Section 50-22-01 (4) "Professional fundraiser"
means any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises,
or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on
behalf of, any charitable organization but who actually solicits no contributions as a part of such services. A
bona fide salaried officer or employee of a charitable organization maintaining a permanent establishment within
the state shall not be deemed to be a professional fundraiser.
- Professional solicitor
- Section 50-22-01 (5) "Professional solicitor"
means any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable
organization whether such solicitation is performed personally or through the person's agents, servants, or employees
or through agents, servants, or employees specially employed by, or for, a charitable organization, who are engaged
in the solicitation of contributions under the direction of such person, or a person who plans, conducts, manages,
carries on, advises, or acts as a consultant, whether directly or indirectly, to a charitable organization in connection
with the solicitation of contributions but does not qualify as a professional fundraiser within the meaning of
this chapter. A bona fide full-time salaried officer or employee of a charitable organization maintaining a permanent
establishment within the state may not be deemed to be a professional solicitor. No attorney, investment counselor,
or banker who advises any person to make a contribution to a charitable organization may be deemed, as the result
of such advice, to be a professional fundraiser or a professional solicitor.
- Solicitation
- Section 50-22-01 (6) "Solicitation"
means the asking, seeking, appealing, requesting, directly or indirectly by means of mail, personal contact, written
material, radio, television, news media, magazines or other periodicals, or any other means of communication, of
money or property of any kind or value or pledges for the same.
Ohio
Source: Ohio Revised Code
Section: Title 17: Corporations--Partnerships. Chapter 1716: Charitable Organizations. Section 1716.01.
Cite: Ohio Rev. Code § 1716.01 (http://orc.avv.com/, Mar. 1999).
- Charitable sales promotion
- Section 1716.01 (C) "Charitable sales
promotion" means any advertising or sale conducted by a person who represents that the purchase or use of
goods or services offered by the person will benefit, in whole or in part, any charitable organization or charitable
purpose. The provision of advertising services to a charitable organization, either for compensation or as a donation,
does not of itself constitute a charitable sales promotion.
- Commercial co-venturer
- Section 1716.01 (D) "Commercial co-venturer"
means any person who for profit regularly and primarily is engaged in trade or commerce other than in connection
with soliciting for charitable organizations or charitable purposes and who conducts a charitable sales promotion.
- Fund-raising counsel
- Section 1716.01 (F) "Fund-raising counsel"
means any person who, for compensation, plans, manages, advises, consults, or prepares material for or with respect
to the solicitation in this state of contributions for any charitable organization or at any time has custody of
contributions from a solicitation, but does not solicit contributions and does not employ, procure, or otherwise
engage any compensated person to solicit contributions. "Fund-raising counsel" does not include the following:
- (1) An attorney, investment counselor, or banker who in the conduct of his profession advises a client;
(2) A charitable organization or a bona fide officer, employee, or volunteer of a charitable organization,
when the charitable organization has full knowledge of the services being performed on its behalf and
either of the following applies:
- (a) The services performed by the charitable organization, bona fide officer, employee, or volunteer are performed
on behalf of the charitable organization that employs the bona fide officer or employee or engages the services
of the bona fide volunteer;
(b) The charitable organization on whose behalf the services are performed shares some element of common control
or an historic or continuing relationship with the charitable organization that performs the services or employs
the bona fide officer or employee or engages the services of the bona fide volunteer;
- (3) An employer who is not engaged in the business of soliciting contributions or conducting charitable sales
promotions but who incidentally solicits contributions for a charitable organization or purpose without compensation;
(4) A compensated employee of an employer who is not engaged in the business of soliciting contributions or
conducting charitable sales promotions, when the employee solicits contributions or conducts charitable sales promotions
at the direction of his employer.
- Professional solicitor
- Section 1716.01 (I) "Professional solicitor"
means any person who, for compensation, performs on behalf of or for the benefit of a charitable organization any
service in connection with which contributions are or will be solicited in this state by the compensated person
or by any person it employs, procures, or otherwise engages directly or indirectly to solicit contributions. "Professional
solicitor" does not include the following:
- (1) An attorney, investment counselor, or banker who in the conduct of his profession advises a client;
(2) A charitable organization or a bona fide officer, employee, or volunteer of a charitable organization, when
the charitable organization has full knowledge of the services being performed on its behalf and either of the
following applies:
- (a) The services performed by the charitable organization, bona fide officer, employee, or volunteer are performed
on behalf of the charitable organization that employs the bona fide officer or employee or engages the services
of the bona fide volunteer;
(b) The charitable organization on whose behalf the services are performed shares some element of common control
or an historic or continuing relationship with the charitable organization that performs the services or employs
the bona fide officer or employee or engages the services of the bona fide volunteer;
- (3) An employer who is not engaged in the business of soliciting contributions or conducting charitable sales
promotions but who incidentally solicits contributions for a charitable organization or purpose without compensation;
(4) A compensated employee of an employer who is not engaged in the business of soliciting contributions or conducting
charitable sales promotions, when the employee solicits contributions or conducts charitable sales promotions at
the direction of his employer.
- Solicit or solicitation
- (J) "Solicit" or "solicitation" means to request or a request directly or indirectly for
money, property, financial assistance, or any other thing of value on the plea or representation that such money,
property, financial assistance, or other thing of value or a portion of it will be used for a charitable purpose
or will benefit a charitable organization. "Solicit" or "solicitation" includes but is not
limited to the following methods of requesting or securing the promise, pledge, or grant of money, property, financial
assistance, or any other thing of value:
- (1) Any oral or written request;
(2) Making any announcement to the press, on radio or television, by telephone or telegraph, or by any other communication
device concerning an appeal or campaign by or for any charitable organization or for any charitable purpose;
(3) Distributing, circulating, posting, or publishing any handbill, written advertisement, or other publication
that directly or by implication seeks to obtain any contribution;
(4) Selling or offering or attempting to sell any advertisement, advertising space, book, card, tag, coupon, chance,
device, magazine, membership, merchandise, subscription, sponsorship, flower, ticket, admission, candy, cookies,
or other tangible item, or any right of any description in connection with which an appeal is made for any charitable
organization or charitable purpose, or when the name of any charitable organization is used or referred to in any
such appeal as an inducement or reason for making the sale, or when in connection with the sale or offer or attempt
to sell, any statement is made that all or part of the proceeds from the sale will be used for any charitable purpose
or will benefit any charitable organization.
- A solicitation is considered as having taken place whether or not the person making the solicitation receives
any contribution. A solicitation does not occur when a person applies for a grant or an award to the government
or to an organization that is exempt from federal income taxation under section 501(a) and described in section
501(c)(3) of the Internal Revenue Code.
Oklahoma
Source: Oklahoma State Statutes
Section: Title 18. Section 18-552.2
Cite: Okla. Stat. tit. 18, § 18-552.2 (http://oklegal.onenet.net/statutes.basic.html, Mar. 1999).
- Professional fund raiser
- Section 18-552.2
(4) "Professional fund raiser" means any person who for compensation or other consideration plans, conducts
or manages in this state the solicitation of contributions for or on behalf of any charitable organization or any
other person, or who engages in the business of or holds himself out to persons in this state as independently
engaged in the business of soliciting contributions for such purpose; and
- Professional solicitor
- Section 18-552.2
(5) "Professional solicitor" means any person who is employed or retained for compensation or other consideration
of any kind whatsoever by a professional fund raiser to solicit contributions in this state for or on behalf of
any charitable organization or any other person.
Oregon
Source: Oregon Revised Statutes
Section: Chapter 128: Trusts; Charitable Activities. Section 128.801: [Charitable Solicitations Act] Definitions
for ORS 128.801 to 128.898.
Cite: Or. Rev. Stat. § 128.801 (http://landru.leg.state.or.us/ors/, Mar. 1999).
- Commercial fund raising solicitation
- Section 128.801 (2) "Commercial fund raising
solicitation"
|
