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§ 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 firemen, 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.

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