17-1760. Same; definitions.
17-1760
17-1760. Same; definitions.
As used in this act:
(a) "Charitable organization" means any person who engages in the
activity of soliciting funds or donations for, or purported to be for, any
fraternal, benevolent, social, educational, alumni, historical, humane,
public health or other
charitable purpose.
Charitable organization does not include political parties, political
candidates or committees formed in support of political candidates or political
parties;
(b) "charitable purpose" means any purpose which promotes, or purports
to promote, directly or indirectly, the well-being of the public at large
or any number of persons, or any humane purpose, whether such
well-being is in general or limited
to certain activities, endeavors or projects;
(c) "person" means any individual, group, association, partnership,
corporation, trust or any combination thereof;
(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;
(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; and
(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.
History: L. 1988, ch. 96, § 2;
L. 1990, ch. 84, § 1; July 1.