§ 131F-2. Definitions.
§131F‑2. Definitions.
The following definitionsapply in this Chapter:
(1) "Association"means any voluntary statewide organization of persons for common endsespecially as in an organized group working together or periodically meetingbecause of common interests, beliefs, or professions. These associations mayserve charitable organizations including environmental, health, educational,humane, patriotic, scientific, artistic, social welfare, and civic.
(2) "Charitable"means for a benevolent purpose, including environmental, health, educational,humane, patriotic, scientific, artistic, social welfare, and civic.
(3) "Charitableorganization" means any person who has or holds out as having a section501(c)(3) tax exempt determination by the Internal Revenue Service and operatesfor a charitable purpose, or a person who is or holds himself out to beestablished for a charitable or civic purpose; or a person who employs acharitable or civic appeal as the basis of a solicitation, or employs an appealthat suggests there is a charitable or civic purpose for the appeal."Charitable organization" includes a chapter, branch, area office, orsimilar affiliate soliciting contributions within the State for a charitableorganization which has its principal place of business outside the State.
(4) "Charitablesales promotion" means an advertising or sales campaign that representsthat the purchase or use of goods or services offered by a coventurer is tobenefit a charitable organization. The provision of advertising services aloneto a charitable organization does not constitute a charitable sales promotion.
(5) "Contribution"means a promise, pledge, grant of any money or property, financial assistance,or any other thing of value in response to a solicitation. "Contribution"includes, in the case of a charitable organization or sponsor offering a goodor service to the public, the excess of the price at which the charitableorganization or sponsor or any person acting on behalf of the charitableorganization or sponsor sells the good or service to the public over the fairmarket value of the good or service. "Contribution" does not includebona fide fees, dues, or assessments paid by members if the membership is notconferred solely as consideration for making a contribution in response to asolicitation. "Contribution" does not include funds obtained by acharitable organization or sponsor under government grants or contracts.
(6) "Coventurer"means any person who, for compensation, conducts a charitable sales promotionor a sponsor sales promotion, other than in connection with the solicitation ofcontributions.
(7) "Department"means the Department of the Secretary of State.
(8) "Emergencyservice employees" means employees who are firefighters, ambulancedrivers, emergency medical technicians, or paramedics.
(9) "Federated fund‑raisingorganization" means a federation of independent charitable organizationswhich have voluntarily joined together, including a united way, united artsfund, or community chest, for the purpose of raising and distributingcontributions and where membership does not confer operating authority andcontrol of the individual organization upon the federated group organization.
(10) "Fund‑raisingconsultant" means any person who meets all of the following:
a. Is retained by acharitable organization or sponsor for a fixed fee or rate under a writtenagreement to plan, manage, conduct, consult, or prepare material for thesolicitation of contributions in this State.
b. Does not solicitcontributions or employ, procure, or engage any person to solicitcontributions.
c. Does not at any timehave custody or control of contributions.
(11) "Fund‑raisingcosts" means those costs incurred in inducing others to make contributionsto a charitable organization or sponsor for which the contributors will receiveno direct economic benefit. Fund‑raising costs include salaries, rent,acquiring and obtaining mailing lists, printing, mailing, all direct andindirect costs of soliciting, and the cost of unsolicited merchandise sent toencourage contributions.
(12) "Law enforcementofficers" means persons who are elected, appointed, or employed by theState or any political subdivision of the State and who meet either of thefollowing:
a. Are vested with theauthority to bear arms and make arrests and have primary responsibility toprevent and detect crime or enforce the criminal, traffic, or highway laws ofthe State.
b. Have responsibilityfor supervision, protection, care, custody, or control of inmates within acorrectional institution.
(13) "Membership"means the relationship of a person to an organization that entitles that personto the privileges, professional standing, honors, or other direct benefits ofthe organization in addition to the right to vote, elect officers, and holdoffice in the organization.
(14) "Owner"means any person who has a direct or indirect interest in any fund‑raisingconsultant or solicitor.
(15) "Parentorganization" means that part of a charitable organization or sponsorwhich coordinates, supervises, or exercises control over policy, fund‑raising,and expenditures, or assists or advises one or more chapters, branches, oraffiliates of a charitable organization or sponsor.
(16) "Person"means any individual, organization, trust, foundation, association, group,entity, partnership, corporation, society, or any combination of these actingas a unit.
(17) "Religiousinstitution" means any church, ecclesiastical, or denominationalorganization, or any established physical place for worship in this State atwhich nonprofit religious services and activities are regularly conducted, andany bona fide religious groups that do not maintain specific places of worship."Religious institution" includes any separate group or corporationthat forms an integral part of a religious institution that is exempt fromfederal income tax under the provisions of section 501(c)(3) of the InternalRevenue Code, and that is primarily supported by funds solicited inside its ownmembership or congregation.
(18) "Solicitation"means a request, directly or indirectly, for money, property, financialassistance, or any other thing of value on the plea or representation that itwill be used for a charitable or sponsor purpose or will benefit a charitableorganization or sponsor. "Solicitation" may occur by any of thefollowing methods:
a. Any oral or writtenrequest.
b. Any announcement tothe press, radio, or television, by telephone or telegraph, or by any othercommunication device.
c. Distributing,posting, or publishing any handbill, written advertisement, or otherpublication that directly or by implication seeks to obtain any contribution.
d. Selling or offeringor attempting to sell any good, service, chance, right, or any thing of valueto benefit a charitable organization or sponsor.
The selling oroffering or attempting to sell is a "solicitation" whether or not theperson making the solicitation receives any contribution. It is not a"solicitation" when a person applies for a grant or an award to thegovernment or to an organization that is exempt from federal income taxationunder section 501(a) of the Internal Revenue Code and described in section501(c) of the Internal Revenue Code.
(19) "Solicitor"means any person who, for compensation, does not qualify as a fund‑raisingconsultant and does either of the following:
a. Performs anyservice, including the employment or engagement of other persons or services,to solicit contributions for a charitable organization or sponsor.
b. Plans, conducts,manages, consults, whether directly or indirectly, in connection with thesolicitation of contributions for a charitable organization or sponsor.
(20) "Sponsor"means a person who is or holds out to others as soliciting contributions by theuse of any name that implies affiliation with emergency service employees orlaw enforcement officers and who is not a charitable organization."Sponsor" includes a chapter, branch, or affiliate that has itsprincipal place of business outside the State, if this chapter, branch, oraffiliate solicits or holds out to be soliciting contributions in this State.
(21) "Sponsorpurpose" means any program or endeavor performed to benefit emergencyservice employees or law enforcement officers.
(22) "Sponsor salespromotion" means an advertising or sales campaign conducted by acoventurer who represents that the purchase or use of goods or services offeredby the coventurer will be used for a sponsor purpose or donated to a sponsor.The provision of advertising services alone to a sponsor does not constitute asponsor sales promotion. (1981, c. 886, s. 1; 1985, c. 497, s. 2; 1993 (Reg.Sess., 1994), c. 759, s. 2; 1997‑443, s. 11A.118(a); 1998‑212, s.12.14(b).)