2012 New York Consolidated Laws
EXC - Executive
Article 7-A - (171-A - 177) SOLICITATION AND COLLECTION OF FUNDS FOR CHARITABLE PURPOSES
171-A - Definitions.

 
    § 171-a. Definitions.  The following words and phrases as used in this
  article shall have the following meanings unless a different meaning  is
  required  by the context. 1. "Charitable organizations." Any benevolent,
  philanthropic, patriotic, or eleemosynary person or one purporting to be
  such or law enforcement support organization as defined  in  subdivision
  eleven of this section.
    2.  "Contribution."  The  promise or grant of any money or property of
  any kind or value, whether or not in combination with the sale of goods,
  services, entertainment or any other thing of value, including  a  grant
  or  other  financial  assistance  from  any agency of government, except
  payments by members of any organization for membership, for services  or
  other  benefit,  other than the right to vote for directors or trustees,
  elect officers, or hold offices.
    3.  "Person."  Any  individual,  organization,   group,   association,
  partnership, corporation, or any combination of them.
    4.  "Professional fund raiser." Any person who directly or indirectly,
  by contract, including but not limited to sub-contract, letter or  other
  agreement  or  other  engagement on any basis, for compensation or other
  consideration (a) plans, manages, conducts, carries on,  or  assists  in
  connection  with  a  charitable solicitation or who employs or otherwise
  engages on any basis another person to  solicit  from  persons  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  on  behalf  of  a  charitable
  organization  or  any  other  person;  or  (c)  who  advertises that the
  purchase or use of goods, services, entertainment or any other thing  of
  value  will  benefit  a  charitable organization but is not a commercial
  co-venturer. A  bona  fide  director,  trustee,  officer,  volunteer  or
  employee  of a charitable organization or fund raising counsel shall not
  be deemed a professional fund raiser.
    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.
    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.
    7. "Secretary." The secretary of state.
    8.  "Membership."  The  collective body of any charitable organization
  comprised  of  persons  having  voting  rights  and  other   powers   of
  governance.
    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.
    10. "Solicit."  To  directly  or  indirectly  make  a  request  for  a
  contribution,   whether  express  or  implied,  through  any  medium.  A
  "solicitation" shall be deemed to have taken  place  whether  or  not  a
  contribution  is made. 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  printing  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 printed and mailed such solicitation if such persons
  do not otherwise solicit, receive or have access to contributions.
    11.  "Law  enforcement  support   organization."   Any   organization,
  association,  union  or  conference of or purporting to be of current or
  former law enforcement officers, including,  without  limitation,  peace
  officers and police officers as defined in subdivisions thirty-three and
  thirty-four  of  section  1.20  of the criminal procedure law, sheriffs,
  deputy  sheriffs,  detectives,  investigators  or  constables   or   any
  auxiliary  or  affiliate  of such an organization, association, union or
  conference composed of one or more such organizations.
    12. "Attorney general". The attorney general of the state of New York.