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§ 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
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
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.
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