N.Y. Executive Law § 172-a: Certain persons exempted

§ 172-a. Certain persons exempted. 1. This article shall not apply to

corporations organized under the religious corporations law, and other

religious agencies and organizations, and charities, agencies, and

organizations operated, supervised, or controlled by or in connection

with a religious organization.

2. The following persons shall not be required to register with the

attorney general:

(a) An educational institution confining its solicitation of

contributions to its student body, alumni, faculty and trustees, and

their families.

(b) Fraternal, patriotic, social, alumni, law enforcement support

organizations and historical societies chartered by the New York state

board of regents when solicitation of contributions is confined to their

membership.

(c) Persons requesting any contributions for the relief of any

individual, specified by name at the time of the solicitation, if all of

the contributions collected, without any deductions whatsoever, are paid

to or for the benefit of the named beneficiary. Prior to the

commencement of any such solicitation, the principal person requesting

contributions may file with the attorney general a form, provided by the

attorney general, which shall read as follows:

CHARITABLE SOLICITATION FOR THE RELIEF OF AN INDIVIDUAL

______________________________________________________________________

NAME AND ADDRESS OF THE PRINCIPAL PERSON REQUESTING CONTRIBUTIONS

______________________________________________________________________

PURPOSE OF THE SOLICITATION

______________________________________________________________________

NAME AND ADDRESS OF THE PRIMARY INDIVIDUAL BENEFICIARY

______________________________________________________________________

NAME AND ADDRESS OF SECONDARY BENEFICIARY (IF ANY)

LIST NO MORE THAN THREE SECONDARY BENEFICIARIES

The principal person requesting contributions may, on such form

designate up to three secondary individuals or charitable organizations

as charitable beneficiaries who shall be entitled to such contributions

in the event circumstances change rendering it impossible or

impracticable to use any or all of the money collected for the primary

beneficiary. The designation of one or more secondary beneficiaries

shall be ineffective unless such form has been filed with the attorney

general and all persons requesting contributions shall have informed any

person solicited at the time of any solicitation of such filing. In the

event that it is or may be impossible or impracticable to use any or all

of the money collected for the benefit of the primary beneficiary, and

(i) no secondary beneficiary has been properly designated pursuant to

this paragraph, or (ii) no secondary beneficiary exists, then the

attorney general, the primary beneficiary, or any person who requested

contributions may petition the supreme court, on notice to the attorney

general, the primary beneficiary if living, any secondary beneficiaries,

and the principal person who requested the contributions for an order

directing that any moneys remaining shall be transferred to a charitable

organization with purposes similar to those for which such contributions

were collected. In the event that money collected for the relief of any

individual, without any deductions whatsoever, is paid to or for the

benefit of the primary beneficiary within sixty days of its receipt,

then all requirements of this paragraph shall be deemed to have been

complied with. For the purposes of this section, the term "principal

person requesting the contributions" shall mean any person who is

primarily responsible for soliciting funds for the relief of an

individual, but shall not include any person who solicits funds when all

such funds are subsequently transferred over to a principal person

requesting contributions.

(d) Any charitable organization which solicits or receives gross

contributions of less than twenty-five thousand dollars during a fiscal

year of such organization, provided none of its fund raising is carried

on by professional fund raisers or fund raising counsel. However, if the

gross contributions received by such charitable organization during any

fiscal year of such organization shall be in excess of twenty-five

thousand dollars, it shall within thirty days after the date it shall

have received gross contributions in excess of twenty-five thousand

dollars register with the attorney general as required by section one

hundred seventy-two of this article.

(e) Any charitable organization receiving an allocation from a

federated fund, incorporated community appeal or a united way, provided

such fund, appeal or united way is complying with the provisions of this

article relating to registration and filing of financial reports with

the attorney general, and provided such organization does not receive,

in addition to such allocation, gross contributions in excess of

twenty-five thousand dollars during the fiscal year, and provided

further that all the fund-raising functions of such organizations are

carried on by persons who are unpaid for such services. However, if the

gross contributions other than such allocation received by such

charitable organization during any fiscal year of such organization

shall be in excess of twenty-five thousand dollars, it shall within

thirty days after the date it shall have received such contributions in

excess of twenty-five thousand dollars register with the attorney

general as required by section one hundred seventy-two of this article.

(f) A local post, camp, chapter or similarly designated element, or a

county unit of such elements, of a bona fide veterans' organization

which issues charters to such local elements throughout this state, a

bona fide organization of volunteer firefighters, an organization

providing volunteer ambulance service (as defined in section three

thousand one of the public health law) or a bona fide auxiliary or

affiliate of such organizations, provided all its fund-raising

activities are carried on by members of such an organization or an

affiliate thereof and such members receive no compensation, directly or

indirectly, therefor.

(g) An educational institution which files annual financial reports

with the regents of the university of the state of New York as required

by the education law or with an agency having similar jurisdiction in

another state or a library which files annual financial reports as

required by the state education department.

(h) A charitable organization which receives all or substantially all

of its funds from a single governmental agency and reports annually to

that agency provided such reports contain financial information

substantially similar in content to that required by subdivision one of

section one hundred seventy-two-b of this article; provided, however,

that such organization may receive no more than twenty-five thousand

dollars from sources other than the government agency to which it

reports.

(i) Any police department, sheriff's department or other governmental

law enforcement agency.

(j) The state parent teachers association and any parent teachers

association affiliated with an educational institution that is subject

to the jurisdiction of the state education department.