N.Y. Executive Law § 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

or an individual engaged solely to draft applications for funding from a

governmental agency or an entity exempt from taxation pursuant to

section 501(c)(3) of the internal revenue code, 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.