Online Compendium of Federal and State Regulations for U.S. Nonprofit Organizations

State Definitions of Paid Fundraising Contractors

This page presents each state's definitions of the terms "professional solicitor," "fundraising counsel," "solicit" or "solicitation," and "commercial co-venturer," or the closest equivalents to be found within each state's statutes. The terms "solicitor" and "charitable sales promotion" are also defined when they seem directly relevent. Only information for states whose legal code is available online for free has been included. Note that the legal citation given below is not to any published book of state statutes, and therefore may not be suitable for use in materials to be submitted in court. The source, an online reference, is indicated in the citation ahead of the year in which it was obtained, e.g. "(address, date obtained)", but please read the note below.

NOTE

Although this document was prepared using the most currently available free online databases of state laws in
February and March 1999 (unless otherwise noted), it may not be completely up-to-date, nor should it be used
for the determination of any specific legal situation. It is provided for educational purposes only.

Alabama

Source: Code of Alabama
Section: Title 13A: Criminal Code. Chapter 9: Forgery and Fraudulent Practises. Article 3: Charitable Fraud. Section 13A-9-70: Definitions.
Cite: Ala. Code § 13A-9-70 (http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm, Feb. 1999)

Commercial co-venturer

Section 13A-9-70 (4) Commercial co-venturer. Any person who for profit or other commercial consideration, conducts, promotes, underwrites, arranges, or sponsors a sale, performance, or event of any kind which is advertised, and which will benefit, to any extent, a charitable or religious organization. However, any such person who will benefit in good will only, is not a commercial co-venturer if the collection and distribution of the proceeds of the sale, performance, or event are supervised and controlled by the benefiting charitable or religious organization.

Professional fund raiser

Section 13A-9-70 (9) Any person who for compensation or other consideration plans, conducts, manages, or carries on any drive or campaign in this state for the purpose of soliciting contributions for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself or herself out to persons in this state as independently engaged in the business of soliciting contributions for such purposes. A bona fide officer or employee of a charitable organization is not a professional fund raiser unless his or her salary or other compensation is computed on the basis of funds to be raised, or actually raised. This section shall not apply to persons who solicit political campaign contributions on behalf of candidates for public office or initiatives on a ballot.

Professional solicitor

Section 13A-9-70 (10) Any person who is employed or retained for compensation by a professional fund raiser to solicit contributions for charitable purposes in this state.

Alaska

Source: Alaska Statutes
Section: Title 45: Trade and Commerce. Chapter 45.68: Charitable Solicitations. Section 45.68.900: Definitions.
Cite: Alaska Stat. § 45.68.900 (http://www.legis.state.ak.us/cgi-bin/folioisa.dll/stattx98?, Feb. 1999)

Paid solicitor

Section 45.68.900 (4) "paid solicitor" means a person who is required to be registered under AS 45.68.010 (b), and includes a person who is employed, procured, or engaged, directly or indirectly, by a paid solicitor to solicit, if the person is compensated; "paid solicitor" does not include

(A) an attorney licensed to practice law in this or another state, an investment counselor, an insurance company, or a supervised financial institution, to the extent the attorney, investment counselor, insurance company, or supervised financial institution advises the person on whether to make a contribution; or
(B) a bona fide salaried officer, employee, or volunteer of a charitable organization;

Solicit

Section 45.68.900 (5) "solicit" means to request, directly or indirectly, and includes

(A) an oral or written request;
(B) a request made by an announcement to the news media or by radio, television, telephone, telegraph, telefax machine, or other
transmission of images or information;
(C) a request made in a handbill or other written advertisement that is distributed or posted;
(D) the sale of, or attempt to sell, a membership, an advertisement, advertising space, or a tangible item by making a request for financial support for a charitable organization or purpose, by using or referring to the name of a charitable organization as a reason for making the request, or by making a statement that all or part of the sale proceeds will be used for a charitable purpose or benefit a charitable organization;

Arizona

Source: Arizona Revised Statutes
Section: Title 44: Trade and Commerce. Chapter 19: Solicitation of Funds for Charitable Purposes. Article 1: General Provisions. Section 44-6551: Definitions.
Cite: Ariz. Rev. Stat. § 44-6551 (http://www.azleg.state.az.us/ars/ars.htm, Feb. 1999).

Contracted fund raiser

Section 44-6551 (3) "Contracted fund raiser" means a person who for profit either solicits directly or employs, procures or engages another person to solicit for a charitable organization. A contracted fund raiser does not include a lawyer, investment counselor or banker who advises a person to make a charitable contribution, a bona fide salaried officer, employee or volunteer of a charitable organization or a person the contracted fund raiser employs, procures or engages to solicit.

Solicit and Solicitation

Section 44-6551 (5) "Solicit" and "solicitation" means a request of any kind for a contribution or a request for the purchase of goods, tickets or services for a charitable purpose.

Arkansas

Source: Arkansas Code
Section: Title 17: Professions, Occupations, And Businesses. Chapter 41: Professional Fund Raisers and Solicitors. Section 17-41-101: Definitions.
Cite: Ark. Code § 17-41-101 (http://www.arkleg.state.ar.us/lpbin/lpext.dll, Feb.1999).

Professional fund raiser

Section 17-41-101 (2) "Professional fund raiser" means any person who, for compensation or any other consideration, plans, conducts, or manages in this state the solicitation of contributions for or on behalf of any charitable organization or any other person, or any person who engages in the business of, or holds himself out to persons in this state as independently engaged in the business of, soliciting contributions for such purpose, but shall not include a bona fide officer or employee of a charitable organization;

Professional solicitor

Section 17-41-101 (3) "Professional solicitor" means any person who is employed or retained for compensation by a professional fund raiser to solicit contributions in this state for charitable purposes;

Solicitation

Section 17-41-101. (6) "Solicitation" means each request for a contribution.

California

Source: California State Code (also here)
Section: Government Code. Title 2: Government of the State of California. Division 3: Executive Department. Part 2: Constitutional Officers. Chapter 6: Attorney General. Article 7: Uniform Supervision of Trustees for Charitable Purposes Act.
Cite: Cal. Gov. Code § 12599 (http://www.leginfo.ca.gov/calaw.html, Feb. 1999). Cal. Gov. Code § 12599.1 (http://www.leginfo.ca.gov/calaw.html, Feb. 1999).

Commecial fundraiser for charitable purposes

Section 12599 (a) "Commercial fundraiser for charitable purposes" is defined as any individual, corporation, or other legal entity who for compensation does any of the following:

(1) Solicits funds, assets, or property in this state for charitable purposes.
(2) As a result of a solicitation of funds, assets, or property in this state for charitable purposes, receives or controls the funds, assets, or property solicited for charitable purposes.
(3) Employs, procures, or engages any compensated person to solicit, receive, or control funds, assets, or property for charitable purposes.

A commercial fundraiser for charitable purposes shall include any person, association of persons, corporation, or other entity that obtains a majority of its inventory for sale by the purchase, receipt, or control for resale to the general public, of salvageable personal property solicited by an organization qualified to solicit donations pursuant to Section 148.3 of the Welfare and Institutions Code.

A commercial fundraiser for charitable purposes shall not include a "trustee" as defined in Section 12582 or 12583, a "charitable corporation" as defined in Section 12582.1, or any employee thereof. A commercial fundraiser for charitable purposes shall not include an individual who is employed by or under the control of a commercial fundraiser for charitable purposes registered with the Attorney General. A commercial fundraiser for charitable purposes shall not include any federally insured financial institution which holds as a depository funds received as a result of a solicitation for charitable purposes.

Fundraising counsel for charitable purposes

Section 12599.1 (a) "Fundraising counsel for charitable purposes" is defined as any person who is described by all of the following:

(1) For compensation plans, manages, advises, counsels, consults, or prepares material for, or with respect to, the solicitation in this state of funds, assets or property for charitable purposes.
(2) Does not solicit funds, assets, or property for charitable purposes.
(3) Does not receive or control funds, assets, or property solicited for charitable purposes in this state.
(4) Does not employ, procure, or engage any compensated person to
solicit, receive, or control funds, assets, or property for charitable purposes.

Section 12599.1 (b) "Fundraising counsel for charitable purposes" does not include
any of the following:

(1) An attorney, investment counselor, or banker who in the conduct of that person's profession advises a client when actually engaged in the giving of legal, investment, or financial advice.
(2) A trustee as defined in Section 12582 or 12583.
(3) A charitable corporation as defined in Section 12582.1, or any employee thereof.
(4) A person employed by or under the control of a fundraising counsel for charitable purposes, as defined in subdivision (a).
(5) A person, corporation, or other legal entity, engaged as an independent contractor directly by a trustee or a charitable corporation, that prints, reproduces, or distributes written materials prepared by a trustee, a charitable corporation, or any employee thereof, or that performs artistic or graphic services with respect to written materials prepared by a trustee, a charitable corporation, or any employee thereof, provided that the independent contractor does not perform any of the activities described in paragraph (1) of subdivision (a).
(6) A person whose total annual gross compensation for performing any activity described in paragraph (1) of subdivision (a) does not exceed twenty-five thousand dollars ($25,000).

Source: Califonia Code
Section: Business and Professionas Code. Division 7. General Business Regulations. Part 3. Representations t the Public. Chapter 1. Advertising. Article 1.3. Charitable Solicitations. Section 17510.2.
Cite: Cal. Bus. Code § 17510.2 (http://www.leginfo.ca.gov/calaw.html, Feb. 1999).

Solicitation for charitable purposes

Section 17510.2 (a) As used in this article, "solicitation for charitable purposes," means any request, plea, entreaty, demand, or invitation, or attempt thereof, to give money or property, in connection with which:

(1) Any appeal is made for charitable purposes; or
(2) The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal as an inducement for making any such gift; or
(3) Any statement is made to the effect that such gift or any part thereof will go to or be used for any charitable purpose or organization.

Sales solicitation for charitable purposes

Section 17510.2 (b) As used in this article, "sales solicitation for charitable purposes" means the sale of, offer to sell, or attempt to sell any advertisement, advertising space, book, card, chance, coupon device, magazine subscription, membership, merchandise, ticket of admission or any other thing or service in connection with which:

(1) Any appeal is made for charitable purposes; or
(2) The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal as an inducement for making any such sale; or
(3) Any statement is made to the effect that the whole or any part of the proceeds from such sale will go to or be used for any charitable purpose or organization.

(c) A solicitation for charitable purposes, or a sale, offer or attempt to sell for charitable purposes, shall include the making or disseminating or causing to be made or disseminated before the public in this state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatsoever any such solicitation.

Colorado

Source: Colorado Revised Statutes
Section: Article 6-16: Colorado Charitable Solicitations Act. Section 6-16-103: Definitions.
Cite: Colo. Rev. Stat. § 6-16-103 (http://web.intellinetusa.com/stat98/, Feb. 1999).

Charitable sales promotion

Section 6-16-103 (3) "Charitable sales promotion" means an advertising or sales campaign which is conducted by a commercial coventurer and which represents that the purchase or use of goods or services offered by the commercial coventurer will benefit, in whole or in part, a charitable organization or purpose.

Commercial coventurer

Section 6-16-103 (4) "Commercial coventurer" means a person who, for profit, is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or purposes and who conducts a charitable sales promotion.

Paid Solicitor or Professional fund raiser

Section 6-16-103 (7) "Paid solicitor" or "professional fund raiser" means a person who, for monetary compensation, performs any service in which contributions will be solicited in this state by such compensated person or by any compensated person he employs, procures, or engages, directly or indirectly, to solicit for contributions. The following persons are not "paid solicitors" or "professional fund raisers":

(a) A person whose sole responsibility is to print or mail fund-raising literature;
(b) A lawyer, investment counselor, or banker who, in his professional capacity, advises a person to make a charitable contribution;
(c) A bona fide volunteer; or
(d) A director, officer, or compensated employee who is directly employed by a charitable organization which, at the time of the solicitation, had received a determination letter from the internal revenue service granting the organization tax-exempt status pursuant to 26 U.S.C. sec. 501 (c) (3), (c) (4), (c) (8), (c) (10), or (c) (19). For purposes of this paragraph (d), such a determination letter shall not have retroactive effect.
(e) Any employee of the department of revenue collecting voluntary contributions for organ and tissue donations under the provisions of sections 42-2-107 (4) (b) (V) and 42-2-118 (1) (a) (II), C.R.S.

Connecticut

Source: General Statutes of Connecticut
Section: Title 21a: Consumer Protection. Chapter 419d: Solicitation of Charitable Funds Act. Section 21a-190a: Solicitation of charitable funds: Definitions.
Cite: Conn. Gen. Stat. § 21a-190a (http://www.cslnet.ctstateu.edu/statutes/, Feb. 1999).

Fund-raising counsel

Section 21a-190a (6) "Fund-raising counsel" means a person who for compensation plans, manages, advises or consults with respect to the solicitation in this state of contributions by a charitable organization, but who does not solicit contributions and who does not directly or indirectly employ, procure or engage any person compensated to solicit contributions. A bona fide nontemporary salaried officer or employee of a charitable organization shall not be deemed to be a fund-raising counsel.

Paid solicitor

Section 21a-190a (7) "Paid solicitor" means a person who for compensation, other than any nonmonetary gift of nominal value awarded to a volunteer solicitor as an incentive or token of appreciation, performs for a charitable organization any service in connection with which contributions are solicited by such person or by any person he directly or indirectly employs, procures or engages to solicit for such compensation. A bona fide nontemporary salaried officer or employee of a charitable organization shall not be deemed to be a paid solicitor.

Commercial coventurer

Section 21a-190a (8) "Commercial coventurer" means a person who for profit is regularly and primarily engaged in trade or commerce in this state other than in connection with the raising of funds for charitable organizations or purposes and who conducts a charitable sales promotion.

Charitable sales promotion

Section 21a-190a (9) "Charitable sales promotion" means an advertising or sales campaign, conducted by a commercial coventurer, which represents that the purchase or use of goods or services offered by the commercial coventurer are to benefit a charitable organization or purpose.

Delaware

Source: Delaware Code
Section: Title 6: Commerce and Trade. Subtitle II: Other Laws Relating to Commerce and Trade. Chapter 25: Prohibited Trade Pracitces. Subchapter X: Charitable/Fraternal Solicitation. Section 2593: Definitions.
Cite: Del. Code tit. 6, § 2593 (http://www.lexislawpublishing.com/sdCGI-BIN/om_isapi.dll?&infobase=decode.NFO&softpage=browse_frame_pg, Feb. 1999).

Charitable/fraternal solicitation

Section 2593 (3) "Charitable/fraternal solicitation" means any oral or written request, directly or indirectly, for money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value or any portion thereof, will be used for a charitable/fraternal purpose or the benefit of a charitable/fraternal organization. No actual contribution need be made in order for a charitable/fraternal solicitation to be deemed to have taken place.

Professional solicitor

Section 2593 (6) "Professional solicitor" means a person who, for financial consideration, solicits contributions for a charitable/fraternal purpose or on behalf of a charitable/fraternal organization, either personally or through agents or employees employed or designated for that purpose. The term does not include a charitable/fraternal organization or an officer, director, employee, member or volunteer of a charitable/fraternal organization.

Florida

Source: Florida Statutes
Section: Title XXXIII: Regulatio of Trade, Commerce, Investments, and Solicitations. Chapter 496: Solicitation of Funds. Section 496.404: Definitions.
Cite: Fla. Stat. § 496.404 (http://www.leg.state.fl.us/citizen/documents/statutes/, Feb. 1999).

Charitable sales promotion

Section 496.404 (3) "Charitable sales promotion" means an advertising or sales campaign conducted by a commercial co-venturer which represents that the purchase or use of goods or services offered by the commercial co-venturer are to benefit a charitable organization. The provision of advertising services to a charitable organization does not, in itself, constitute a charitable sales promotion.

Commercial co-venturer

Section 496.404 (4) "Commercial co-venturer" means any person who, for profit, regularly and primarily is engaged in trade or commerce other than in connection with solicitation of contributions and who conducts a charitable sales promotion or a sponsor sales promotion.

Professional fundraising consultant

Section 496.404 (18) "Professional fundraising consultant" means any person who is retained by a charitable organization or sponsor for a fixed fee or rate under a written agreement to plan, manage, conduct, carry on, advise, consult, or prepare material for a solicitation of contributions in this state, but who does not solicit contributions or employ, procure, or engage any compensated person to solicit contributions and who does not at any time have custody or control of contributions. A bona fide volunteer or bona fide employee or salaried officer of a charitable organization or sponsor maintaining a permanent establishment in this state is not a professional fundraising consultant. An attorney, investment counselor, or banker who advises an individual, corporation, or association to make a charitable contribution is not a professional fundraising consultant as the result of such advice.

Professional solicitor

Section 496.404 (19) "Professional solicitor" means any person who, for compensation, performs for a charitable organization or sponsor any service in connection with which contributions are or will be solicited in this state by the compensated person or by any person it employs, procures, or otherwise engages, directly or indirectly, to solicit contributions, or a person who plans, conducts, manages, carries on, advises, consults, whether directly or indirectly, in connection with the solicitation of contributions for or on behalf of a charitable organization or sponsor, but who does not qualify as a professional fundraising consultant. A bona fide volunteer or bona fide employee or salaried officer of a charitable organization or sponsor maintaining a permanent establishment in this state is not a professional solicitor. An attorney, investment counselor, or banker who advises an individual, corporation, or association to make a charitable contribution is not a professional solicitor as the result of such advice.

Solicitation

Section 496.404 (21) "Solicitation" means a request, directly or indirectly, for money, property, financial assistance, or any other thing of value on the plea or representation that such money, property, financial assistance, or other thing of value or a portion of it will be used for a charitable or sponsor purpose or will benefit a charitable organization or sponsor. "Solicitation" includes, but is not limited to, the following methods of requesting or securing the promise, pledge, or grant of money, property, financial assistance, or any other thing of value:

(a) Any oral or written request;
(b) Making any announcement to the press, on radio or television, by telephone or telegraph, or by any other communication device concerning an appeal or campaign by or for any charitable organization or sponsor or for any charitable or sponsor purpose;
(c) Distributing, circulating, posting, or publishing any handbill, written advertisement, or other publication that directly or by implication seeks to obtain any contribution; or
(d) Selling or offering or attempting to sell any advertisement, advertising space, book, card, coupon, chance, device, magazine, membership, merchandise, subscription, sponsorship, flower, admission, ticket, food, or other service or tangible good, item, or thing of value, or any right of any description in connection with which any appeal is made for any charitable organization or sponsor or charitable or sponsor purpose, or when the name of any charitable organization or sponsor is used or referred to in any such appeal as an inducement or reason for making the sale or when, in connection with the sale or offer or attempt to sell, any statement is made that all or part of the proceeds from the sale will be used for any charitable or sponsor purpose or will benefit any charitable organization or sponsor.

A solicitation is considered as having taken place whether or not the person making the solicitation receives any contribution. A solicitation does not occur when a person applies for a grant or an award to the government or to an organization that is exempt from federal income taxation under s. 501(a) of the Internal Revenue Code and described in s. 501(c) of the Internal Revenue Code.

Georgia

Source: Georgia Code
Section: Section 43-17-2.
Cite: Ga. Code § 43-17-2 (http://www.ganet.state.ga.us/services/ocode/ocgsearch.htm, Feb. 1999).

Charitable sales promotion

Section 43-17-2 (4) "Charitable sales promotion" means an advertising or sales campaign, conducted by a commercial coventurer, which represents that the purchase or use of goods or services offered by the commercial coventurer will benefit, in whole or in part, a charitable organization or purpose.

Commercial coventurer

Section 43-17-2 (5) "Commercial coventurer" means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or purposes and who conducts a charitable sales promotion.

Fund raising counsel

Section 43-17-2 (8) "Fund raising counsel" means any person who, for compensation, plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this state of contributionsfor a charitable organization, but who does not solicit contributions and who does not employ, procure, or engage any compensated person to solicit contributions. A lawyer, accountant, investment counselor, or banker who, solely incidental to his or her profession, renders professional services to a charitable organization, paid solicitor, or fund-raising counsel or advises a person to make a contribution or holds charitable funds subject to an escrow or trust agreement shall not be deemed, as a result of such actions, to be a fundraising counsel. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be a fundraising counsel.

Paid solicitor

Section 43-17-2 (10) "Paid solicitor" means a person other than a commercial coventurer or charitable organization who, for compensation, performs for a charitable organization any service in connection with which contributions are, or will be, solicited within or from this state by such compensated person or by any compensated person he employs, procures, or engages, directly or indirectly, to solicit. A paid solicitor shall also include any fundraising counsel who at any time has custody of contributions from a solicitation as defined by this chapter. An attorney, investment counselor, accountant, or banker who, solely incidental to his or her profession, advises a person to make a charitable contribution or who holds funds subject to an escrow or trust agreement shall not be deemed, as the result of such actions, to be a paid solicitor. A bona fide salaried officer, employee, or volunteer of a charitable organization or commercial coventurer shall not be deemed to be a paid solicitor.

Hawaii

Source: Hawaii Revised Statutes
Section: Title 25: Professions and Occupations. Chapter 467B: Solicitation of Funds from the Public. Section 467B-1: Definitions.
Cite: Haw. Rev. Stat. § 467B-1 (http://www.capitol.hawaii.gov/Site1/Documents/HRS.htm, Feb. 1999).

Charitable sales promotion

Section 467B-1 "Charitable sales promotion" means an advertising or sales campaign, conducted by a commercial co-venturer, that represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit, in whole or in part, a charitable organization or charitable purpose.

Commercial co-venturer

Section 467B-1 "Commercial co-venturer" means a person who, for profit, is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or charitable purposes, and who conducts charitable sales promotions.

Professional fund-raising counsel

Section 467B-1 "Professional fund-raising counsel" means any person who, for a fee, plans, conducts, manages, carries on, advises, or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for or on behalf of any charitable organization, but who actually solicits no contributions as a part of the person's services. The term includes a bona fide volunteer, salaried officer, or employee of a charitable organization if the bona fide volunteer, salaried officer, or employee of the charitable organization receives percentage compensation.

Professional solicitor

Section 467B-1 "Professional solicitor" means any person who, for a financial or other consideration, solicits contributions for or on behalf of a charitable organization. The term includes a bona fide volunteer, salaried officer, or employee of a charitable organization if the bona fide volunteer, salaried officer, or employee of the charitable organization receives percentage compensation. The term does not include an attorney, investment counselor or advisor, financial advisor, or banker, or other person who:
(1) Advises another person to make a contribution to a charitable organization as part of the person's
employment; and
(2) Does not receive compensation from the charitable organization for that advice.

Solicit and Solicitation

Section 467B-1 "Solicit" and "solicitation" mean a request directly or indirectly for money, credit, property, financial assistance, or thing of value on the plea or representation that the money, credit, property, financial assistance, or thing of value, or any portion thereof, will be used for a charitable purpose or to benefit a charitable organization. These terms shall include the following:

(1) Any oral or written request.
(2) The making of any announcement to any organization for the purpose of further dissemination, including announcements to the press, over the radio or television, or by telephone, telegraph, or facsimile, concerning an appeal or campaign by or for any charitable organization or purpose.
(3) The distribution, circulation, posting, or publishing of any handbill, written advertisement, or other publication that directly or by implication seeks to obtain public support.
(4) Where the sale or offer or attempted sale, of any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies, or other tangible item in connection with which any appeal is made for any charitable organization or purpose; or where the name of any charitable organization is used or referred to in any appeal as an inducement or reason for making any sale; or where in connection with any sale, any statement is made that the whole or any part of the proceeds from any sale will be used for any charitable purpose or to benefit any charitable organization.
(5) A request made through the use of receptacles for contributions such as honor boxes, vending machines, wishing wells, contribution boxes, and novelty machines, where a charitable appeal is used or referred to or implied as an inducement or reason to contribute.

A solicitation occurs whether or not the person making the solicitation receives any contribution.

Idaho

Source: Idaho State Code (also here)
Section: Title 48: Monopolies and Trade Practices. Chapter 12: Idaho Charitable Solicitation Act. Section 48-1202 Definitions.
Cite: Idaho Code § 48-1202 (http://www.idwr.state.id.us/idstat/TOC/idstTOC.html, Feb. 1999).

Charitable solicitation

Section 48-1202 (3) "Charitable solicitation" means any oral or written request, directly or indirectly, for money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value or any portion thereof, will be used for a charitable purpose or benefit a charitable organization. No contribution need be made in order for a charitable solicitation to be deemed to have taken place.

Contribution

Section 48-1202 (5) "Contribution" means the grant, promise or pledge of money, credit, property, financial assistance or other thing of value in response to a charitable solicitation.

The Idaho Charitable Solicitation Act doesn't specifically address issues of professional fundraising for charities.

Illinois

Source: Illinois State Code (not available online)
Section: ?
Cite: ?

The Illinois state code is not available online. The relevent sections might be in the Solicitation for Charity Act, 225 ILCS 460/1, ch. 23, par. 5100 et. seq.

Indiana

Source: Indiana Code
Section: Title 23: Business and Other Associations. Article 7: General Civil or Charitable Corporations. Chapter 8: Professional Fundraiser Consultant and Solicitor Registration. Section 23-7-8-1.
Cite: Ind. Code § 23-7-8-1 (http://www.ai.org/legislative/ic/code, Feb. 1999).

Professional fundraiser consultant

Section 23-7-8-1 "Professional fundraiser consultant" means any person who is hired for a fee to plan, manage, advise, or act as a consultant in connection with soliciting contributions for, or on behalf of, a charitable organization, but who does not actually solicit contributions as a part of the person's services or employ, procure, or engage a compensated person to solicit contributions. The term does not include a charitable organization or a bona fide officer, employee, member, or volunteer of a charitable organization.

Professional solicitor

Section 23-7-8-1 "Professional solicitor" means a person who for a financial consideration solicits contributions for, or on behalf of, a charitable organization, either personally or through agents or employees specifically employed for that purpose. The term does not include a charitable organization or an officer, employee, member, or volunteer of a charitable organization.

Solicit

Section 23-7-8-1 "Solicit" means:

(1) to request, other than as described in subdivision (2), directly or indirectly, financial assistance in any form on the representation that the financial assistance will be used for a charitable purpose; or
(2) to sell, offer, or attempt to sell any advertisement, advertising space, membership, or tangible item:

(A) in connection with which any appeal is made for any charitable organization or purpose;
(B) where the name of any charitable organization is used or referred to in any appeal made for any charitable organization as an inducement or reason for making a sale described in this subdivision; or
(C) when or where in connection with a sale described in this subdivision any statement is made that the whole or any part of the proceeds from the sale will be used for any charitable purpose or benefit any charitable organization.

A solicitation shall be considered to have taken place whether or not the person making the solicitation receives any contribution.

Iowa

Source: Iowa Code
Section: Chapter 13C. Section 13C.1: Definitions.
Cite: Iowa Code § 13C.1 (http://www.legis.state.ia.us/IACODE/1997/, Feb. 1999).

Professional commercial fund-raiser

Section 13C.1 (4) "Professional commercial fund-raiser" means any person who for compensation solicits contributions in Iowa for a charitable organization other than the person. A person whose sole responsibility is to mail fund-raising literature is not a professional commercial fund-raiser. A lawyer, investment counselor, or banker who advises a person to make a charitable contribution is not, as a result of such advice, a professional commercial fund-raiser. A bona fide salaried officer, employee, or volunteer of a charitable organization is not a professional commercial fund-raiser.

Solicit or Solicitation

Section 13C.1 (6) "Solicit" or "solicitation" means the request, directly or indirectly, for a contribution on the pleas or representation that the contribution will be used for a charitable purpose. A solicitation is deemed to have taken place whether or not the person making the solicitation receives a contribution. "Solicitation" does not include an application for a grant from any governmental entity or private nonprofit foundation.

Kansas

Source: Kansas Statutes
Section: Chapter 17: Corporations. Article 17: Religious, Charitable and Other Organizations. Section 17-1760.
Cite: Kan. Stat. § 17-1760 (http://www.ink.org/public/statutes/statutes.html, Feb. 1999).

Professional fund raiser

Section 17-1760 (d) "professional fund raiser" means any person, who is retained under contract or otherwise compensated by or on behalf of a charitable organization primarily for the purpose of soliciting funds. Professional fund raiser includes a person who plans, manages, advises, consults or prepares material for solicitations. Professional fund raiser shall not include any bona fide employee of a charitable organization who receives regular compensation and is not primarily employed for the purpose of soliciting funds, or an attorney, investment counselor, or banker who in the conduct of such profession advises a client to make a contribution;

Professional solicitor

Section 17-1760 (e) "professional solicitor" means any person who is employed or retained for compensation by a professional fund raiser to solicit contributions for charitable purposes from persons in this state;

Solicitation

Section 17-1760 (f) "solicitation" means any request or appeal, either oral or written, or any endeavor to obtain, seek or plead for funds, property, financial assistance or other thing of value, including the promise or grant of any money or property of any kind or value for a charitable purpose, but excluding:

(1) Direct grants or allocation of funds received or solicited from any affiliated fund-raising organization by a member agency; and
(2) unsolicited contributions received from any individual donor, foundation, trust, governmental agency or other source, unless such contributions are received in conjunction with a solicitation drive.

Kentucky

Source: Kentucky Revised Statutes
Section: Title XXIX: Commerce and Trade. Chapter 367: Consumer Protection. Section 367.650: Solicitation for Charitable and Civic Purposes: Definitions for KRS 367.650 to 367.670.
Cite: Ky. Rev. Stat. § 367.650 (http://www.lrc.state.ky.us/statrev/frontpg.htm, Feb. 1999).

Solicit and Solicitation

Section 367.650 (4) "Solicit" and "solicitation" mean, respectively, to engage in, and the act of, requesting, directly or indirectly, that an addressed person or limited audience or the public generally make a contribution. Solicitation shall be deemed to have taken place when the request is made, whether or not the requested contribution is made.

Professional solicitor

Section 367.650 (6) "Professional solicitor" means a person who for compensation or other financial consideration solicits contributions in this state, directly or indirectly, for or on behalf of a charitable organization. A person qualifies as a professional solicitor if he is hired on a fee, commission, or percentage basis and the work is performed by him or his agents or the employees or volunteers of the benefitting charitable organization under the direction, supervision, or instruction of the solicitor. A professional solicitor conducts or supervises specific fundraising activities or events in which gifts are solicited, received, and deposited by the professional solicitor or his agents, expenses are paid, and net proceeds delivered to the charitable organization. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be a professional solicitor, unless he is employed or engaged as a fundraising onsultant or a professional solicitor by another charitable organization.

Fundraising consultant

Section 367.650 (7) "Fundraising consultant" means any person who, for compensation, plans, manages, advises, consults, or develops material for or with respect to the solicitation for any charitable organization. A fundraising consultant shall not, at any time, have custody of contributions from a solicitation or solicit contributions, directly or indirectly. If a fundraising consultant's fee is related to the amount of contributions received from a solicitation in which he took part, the consultant is considered a professional solicitor. A fundraising consultant shall not employ, procure, or otherwise engage any compensated person to solicit contributions. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be a fundraising consultant, unless he is employed or engaged as a fundraising consultant or a professional solicitor by another charitable organization.

Solicitor

Section 367.650 (9) "Solicitor" means a natural person who, by personal contact, transmitted oral communication or writing which identifies that person, requests a specific person to make a contribution for charitable or civic purposes.

Louisiana

Source: (not available online)
Section: ?
Cite: ?

The Louisana state code is not available online. The relevent sections might be Louisiana Revised Statutes Title 51, Chapter 24, Sec. 1901 et.seq.

Maine

Source: Maine Revised Statutes
Section: Title 9: Banks and Financial Institutions. Part 13. Chapter 385: Charitable Solicitations Act. Section 5003: Definitions.
Cite: Me. Rev. Stat. tit. 9, § 5003 (http://www.lrc.state.ky.us/statrev/frontpg.htm, Mar. 1999).

Commercial co-venturer

Title 9. Chapter 385. Section 5003. (3) Commercial co-venturer. "Commercial co-venturer" shall mean any person who, for profit or other commercial consideration, shall conduct, promote, underwrite, arrange or sponsor a sale, performance or event of any kind which is advertised in conjunction with the name of any charitable organization. Any such person who will benefit in good will only shall not be deemed a commercial co-venturer if the collection and distribution of the proceeds of the sale, performance or event are supervised and controlled by the benefiting charitable organization.

Contribution

Title 9. Chapter 385. Section 5003. (4) Contribution. "Contribution" means the promise or grant of any money or property of any kind or value, including the payment or promise to pay in consideration of a sale, performance or event of any kind which is advertised in conjunction with the name of any charitable organization. This definition does not include:

A. Payments by members of an organization for membership fees, dues, fines or assessments, or for services rendered to individual members, if membership in the organization confers a bona fide right, privilege, professional standing, honor or other direct benefits, other than the right to vote, elect officers or hold offices; or
B. Money or property received from any governmental authority.

Professional fund-raising counsel

Title 9. Chapter 385. Section 5003. (9) Professional fund-raising counsel. "Professional fund-raising counsel" means any person who, for a flat fixed fee under a written agreement or for a fee computed under a written agreement on the basis of funds actually raised or to be raised, or for any financial consideration of any kind or amount, plans, conducts, manages, carries on, advises or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for or on behalf of any charitable organization. A bona fide salaried officer or employee of a charitable organization, including an employee of a parent organization, shall not be deemed to be a professional fund-raising counsel unless that person's salary or other compensation is computed on the basis of funds to be raised or actually raised or the services performed by the person are performed on behalf of some organization other than the one which employs that person or a chapter, branch or affiliate thereof. No attorney, investment counselor or banker who advises any person to make a contribution to a charitable organization shall be deemed, as the result of such advice, to be a professional fund-raising counsel. [1977, c. 654, § 1 (amd).]

Professional solicitor

Title 9. Chapter 385. Section 5003. (10) Professional solicitor. "Professional solicitor" means any person who for a financial or other consideration engages, employs, directs or contracts with any other person to solicit contributions or directs agents, servants or employees specially employed by or for a charitable organization for the purpose of soliciting contributions. A bona fide salaried officer or employee of a charitable organization, including an employee of a parent organization, shall not be deemed to be a professional solicitor unless that person's salary or other compensation is computed on the basis of funds to be raised or actually raised or the services performed by the person are performed on behalf of some organization other than the one which employs that person or a chapter, branch or affiliate thereof. [1979, c. 127, § 50 (amd).]

Solicit and solicitation

Title 9. Chapter 385. Section 5003. (11) Solicit and solicitation. "Solicit and solicitation" means any oral or written request, however communicated directly or indirectly, for any contribution. "Solicitation" as defined herein shall be deemed to have taken place when the request is made, whether or not the person making the solicitation receives any contribution in response.

Maryland

Source: (not available online)
Section: ?
Cite: ?

The Maryland state code is not available online. The relevent sections might be 6-101 and 6-102.

Massachusetts

Source: General Laws of Massachusetts
Section: Part I: Administration of the Government. Title XI: Certain Religious and Charitable Matters. Chapter 68: Donations and Conveyances for Pious and Charitable Uses. Section 18: Definitions.
Cite: Mass. Gen. Laws ch. 68, § 18 (http://www.state.ma.us/legis/laws/mgl/, Mar. 1999).

Commercial co-venturer

Chapter 68. Section 18. "Commercial co-venturer", any person who for profit or other commercial consideration, conducts, produces, promotes, underwrites, arranges or sponsors a performance, event, or sale to the public of a good or service which is advertised in conjunction with the name of any charitable organization or as benefiting to any extent any charitable purpose. Any such person who will benefit in good will only shall not be deemed a commercial co-venturer if the collection and distribution of the proceeds of the performance, event or sale are supervised and controlled by the benefiting charitable organization;

Professional fund-raising counsel

Chapter 68. Section 18. "Professional fund-raising counsel", any person who is retained for a financial or other consideration by a charitable organization to plan, conduct, manage, carry on, advise or act as a consultant whether directly or indirectly in connection with the solicitation of contributions in this commonwealth for or on behalf of any charitable organization but who actually solicits no contributions and has neither custody nor control of contributions as part of such services. A bona fide salaried officer or regular, nontemporary employee of a charitable organization maintaining a permanent establishment within the commonwealth shall not be deemed to be a professional fund-raising counsel;

Professional solicitor

Chapter 68. Section 18. "Professional solicitor", any person who is retained for a financial or other consideration by a charitable organization to solicit in this commonwealth contributions for charitable purposes directly or in the form of payment for goods or services, whether such solicitation is done individually or through other persons under the direction of the professional solicitor. A person who otherwise is a professional fund-raising counsel shall be deemed a professional solicitor if at any time he has custody or control of contributions. A bona fide salaried officer or regular, nontemporary employee of a charitable organization maintaining a permanent establishment within the commonwealth shall not be deemed to be a professional solicitor. No attorney, investment counselor or banker who advises an individual corporation or association to make a charitable contribution shall be deemed, as the result of such advice, to be a professional fund-raising counsel or a professional solicitor;

Solicit or solicitation

"Solicit" or "solicitation", any direct or indirect request for a contribution on the representation that such contribution will be used in whole or in part for a charitable purpose, including but not limited to:

(1) any oral request that is made in person, by telephone, radio or television or other advertising or communications media;
(2) any written or otherwise recorded or published request that is mailed, sent, delivered, circulated, distributed, posted in a public place, or advertised or communicated by press, telegraph, television or other media;
(3) any sale of, offer or attempt to sell, any advertisement, advertising space, sponsorship, book, card, chance, coupon, device, food, magazine, merchandise, newspaper, subscription, ticket or other service or tangible good, thing or item of value; or
(4) any announcement requesting the public to attend an appeal, assemblage, athletic or competitive event, carnival, circus, concert, contest, dance, entertainment, exhibition, exposition, game, lecture, meal, party, show, social gathering or other performance or event of any kind.

Michigan

Source: Michigan Compiled Law (not available online)
Section: Section 400.271. (?)
Cite: ?

The Michigan state code is not available online. The relevent sections might be in the Charitable Organizations and Solicitations Act, Act 169 of 1975. MCL 400.271; MSA 3.240(1).

Minnesota

Source: Minnesota Statutes
Section: Corporations. Chapter 309: Social and Charitable Organizations. Section 309.50: Solicitation of charitable funds; definitions.
Cite: Minn. Stat. § 309.50 (http://www.revisor.leg.state.mn.us/stats/, Mar. 1999).

Professional fund raiser

Section 309.50 Subdivision 6. "Professional fund raiser" means any person who for financial compensation or profit performs for a charitable organization any service in connection with which contributions are, or will be, solicited in this state by the compensated person or by any compensated person the person employs, procures, or engages to solicit; or any person who for compensation or profit plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this state of contributions for a charitable organization. No investment adviser, investment adviser representative, broker-dealer, or agent licensed pursuant to chapter 80A, or lawyer, accountant, or banker who advises a person to make a charitable contribution or who provides legal, accounting, or financial advice in the ordinary course of a profession or business shall be deemed, as a result of the advice, to be a professional fund raiser. A bona fide salaried officer, employee, or volunteer of a charitable organization is not a professional fund raiser.

Solicit and solicitation

Section 309.50 Subdivision 10. "Solicit" and "solicitation" mean the request directly or indirectly for any contribution, regardless of which party initiates communication, on the plea or representation that such contribution will or may be used for any charitable purpose, and include any of the following methods of securing contributions:

(1) Oral or written request;
(2) The distribution, circulation, mailing, posting, or publishing of any handbill, written advertisement, or
publication;
(3) The making of any announcement to the press, over the radio, by television, by telephone, or telegraph concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale, or social gathering, which the public is requested to patronize or to which the public is requested to make a contribution;
(4) The sale of, offer, or attempt to sell, any advertisement, advertising space, book, card, magazine, merchandise, subscription, ticket of admission, or any other thing, or the use of the name of any charitable person in any offer or sale as an inducement or reason for purchasing any such item, or the making of any statement in connection with any such sale, that the whole or any part of the proceeds from any such sale will be used for any charitable purpose. A "solicitation" shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any such sale.

Mississippi

Source: Mississippi Code
Section: Title 79: Corporations, Associations, and Partnerships. Chapter 11: Nonprofit, Nonshare Corporations and Religious Societies. Section 79-11-501: Definitions.
Cite: Miss. Code § 79-11-501 (http://www.sos.state.ms.us/policy_admin/mscode/index.html, Mar. 1999).

Fund-raising counsel

Section 79-11-501 (e) "Fund-raising counsel" means a person (i) who for a fixed fee or rate under a written agreement plans, manages, advises or consults with respect to the solicitation in this state of contributions by a charitable organization, (ii) who neither solicits contributions nor directly or indirectly employ, procure or engage any person compensated to solicit contributions, and (iii) who does not at any time, whether directly or indirectly, receive or have custody or control of contributions. A bona fide nontemporary salaried officer or employee of a charitable organization shall not be deemed to be a fund-raising counsel. No attorney, accountant or banker who renders professional services to a charitable organization or advises a person to make a charitable contribution during the course of rendering professional services to that person shall be deemed, as a result of the professional service or advice rendered, to be a fund-raising counsel.

Professional fund-raiser

Section 79-11-501 (g) "Professional fund-raiser" means any person who for compensation or other consideration is retained by a charitable organization to solicit in or from this state contributions for charitable purposes directly or in the form of payment for goods, services or admission to fund-raising events, whether such solicitation is performed personally or through his agents, servants or employees or through agents, servants or employees especially employed by or for a charitable organization who are engaged in the solicitation of contributions, the sale of goods or services or the production of fund-raising events under the direction of such person, or a person who plans, conducts, manages, carries on, advises or consults, whether directly or indirectly, in connection with the solicitation of contributions, sale of goods or services or the production of fund-raising events for or on behalf of any charitable organization, but does not qualify as a fund-raising counsel within the meaning of Sections 79-11-501 through 79-11-529, or who engages in the business of or holds himself out as independently engaged in the business of soliciting contributions for such purposes. A bona fide officer or employee of a charitable organization shall not be deemed a professional fund-raiser unless his salary or other compensation is paid as a commission which is computed on the basis of funds to be raised or actually raised.

Professional solicitor

Section 79-11-501 (h) "Professional solicitor" means any person who is employed or retained for compensation by a professional fund-raiser to solicit contributions for charitable purposes from persons in this state.

Solicitation or solicit

Section 79-11-501 (j) "Solicitation" or "solicit" means the request, directly or indirectly, for money, credit, property, financial assistance, or any other thing of value on the plea or representation that such money, credit, property, financial assistance, or any other thing of value or a portion of it will be used for a charitable purpose or will benefit a charitable organization. "Solicitation" or "solicit" includes, but is not limited to, the following methods of requesting or securing money, credit, property, financial assistance or any other thing of value:

(i) Any oral or written request.
(ii) The making of any announcement in the press, over the radio or television, by telephone, through the mail or any other media concerning an appeal or campaign by or for any charitable organization or purpose.
(iii) The distribution, circulation, posting or publishing of any handbill, written advertisement or other publication which directly or by
implication seeks to obtain a contribution.
(iv) The offer of, attempt to sell, or sale of any advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies or other tangible item in connection with which any appeal is made for any charitable organization or purpose, or where the name of any charitable organization is used or referred to in any appeal as an inducement or reason for making any sale, or where any statement is made that the whole or any part of the proceeds from the sale will be used for any charitable purpose or will benefit any charitable organization.
(v) The use or employment of container, canisters, cards, receptacles or similar devices for the collection of money or other thing of value in connection with which any appeal is made for any charitable organization or purpose.
(vi) Any announcement requesting the public to attend an appeal, assemblage, athletic or competitive event, carnival, circus, concert, contest, dance, entertainment, exhibition, exposition, game, lecture, meal, party, show, social gathering or other performance or event of any kind.

A solicitation shall take place whether or not the person making the solicitation receives any contribution, except that a charitable organization's use of its own name in any communication shall not alone be sufficient to constitute a solicitation.

Missouri

Source: Missouri Revised Statutes
Section: Title XXVI: Trade and Commerce. Chapter 407: Merchandising Practices. Section 407.453: [Charitable Organizations and Solicitations Law] Definitions.
Cite: Mo. Rev. Stat. § 407.453 (http://www.moga.state.mo.us/homestat.htm, Mar. 1999).

Professional fundraiser

Title XXVI. Chapter 407.453 (4) "Professional fundraiser", any person, as defined in section 407.010, who is retained under contract or otherwise compensated by or on behalf of a charitable organization primarily for the purpose of soliciting funds. The term "professional fundraiser" shall not include any bona fide employee of a charitable organization who receives regular compensation and is not primarily employed for the purpose of soliciting funds;

Solicitation

Title XXVI. Chapter 407.453 (6) "Solicitation", any request or appeal, either oral or written, or any endeavor to obtain, seek or plead for funds, property, financial assistance or other thing of value, including the promise or grant of any money or property of any kind or value for a charitable purpose, but excluding:

(a) Direct grants or allocation of funds received or solicited from any affiliated fund-raising organization by a member agency; and
(b) Unsolicited contributions received from any individual donor, foundation, trust, governmental agency or other source, unless such contributions are received in conjunction with a solicitation drive.

Montana

Source: Montana Code
Section: n/a
Cite: n/a (http://statedocs.msl.state.mt.us/cgi-bin/om_isapi.dll?clientID=3014&infobase=MCA_97.NFO&softpage=Browse_Frame_Pg, Mar. 1999)

The Montana state code does not define any professional charitable fundraising entities.

Nebraska

Source: Nebraska Statutes (also here)
Section: n/a
Cite: n/a (http://statutes.unicam.state.ne.us/cgi-bin/folioisa.dll/Statutes.nfo?, Mar. 1999)

The Nebraska Charitable Solicitor registration laws were repealed due to a March 1, 1996, Nebraska Supreme Court ruling.

Nevada

Source: Nevada Revised Statutes (and search)
Section: Chapter 598: Deceptive Trade Practices. Section 598.1305: [Solicitations for or on Behalf of Charitable Organizaitons] Prohibited acts; jurisdiction of attorney general; violation constitutes deceptive trade practice.
Cite: Nev. Rev. Stat. § 598.1305 (http://www.leg.state.nv.us/NRS/index.htm, Mar. 1999).

The State of Nevada does not require charitable solicitors in particular to register with any state agency, although it regulates deceptive trade practices specifically with regard to charitable solicitation.

Solicitation

Section 598.1305 (4)(b) "Solicitation" means a request for a contribution to a charitable organization that is made by:

(1) Mail;
(2) Commercial carrier;
(3) Telephone, facsimile or other electronic device; or
(4) A face-to-face meeting.

The term includes solicitations which are made from a location within this state and solicitations which are made from a location outside of this state to persons located in this state.

New Hampshire

Source: New Hampshire Revised Statutes
Section: Title 1: The State And Its Government. Chapter 7: Attorneys General, Director of Charitable Trusts, and County Attorneys. Director of Charitable Trusts. Section 7:21: Definitions.
Cite: N.H. Rev. Stat. § 7:21 (http://199.92.250.14/rsa/, Mar. 1999).

Charitable sales promotion

Section 7:21 I. "Charitable sales promotion" means an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer shall benefit, in whole or in part, a charitable trust or purpose.

Fund raising counsel

Section 7:21 V. "Fund raising counsel" means a person who for compensation plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this state of contributions for a charitable trust, but who does not solicit contributions and who does not employ, procure, or engage any compensated person to solicit contributions. No lawyer, investment counsellor, or banker who advises a person to make a contribution shall be deemed, as a result of such advice, to be a fund raising counsel. A bona fide salaried officer, employee or volunteer of a charitable trust shall not be deemed to be a fund raising counsel.

Paid solicitor

Section 7:21 VI. "Paid solicitor" means a person who for compensation performs for a charitable trust any service in connection with which contributions are or shall be solicited in this state by such compensated person or by any compensated person he employs, procures, or engages, directly or indirectly, to solicit. No lawyer, investment counsellor, or banker who advises a person to make a charitable contribution shall be deemed, as the result of such advice, to be a paid solicitor. A bona fide salaried officer, employee, or volunteer of a charitable trust shall not be deemed to be a paid solicitor.

Solicit and solicitation

Section 7:21. VII. "Solicit" and "solicitation" means the request directly or indirectly for money, credit, property, financial assistance, or other thing of any kind or value on the plea or representation that such money, credit, property, financial assistance, or other thing of any kind or value, or any portion thereof, shall be used for a charitable purpose or benefit a charitable trust. Without limiting the scope of such terms, these words shall include the following methods of requesting or securing such money, credit, property, financial assistance or other thing of value:

(a) Any oral or written request.
(b) The making of any announcement to the press, by radio, television, telephone, or telegraph concerning an appeal or campaign by or for any charitable trust or purpose.
(c) The distribution, circulation, posting or publishing of any handbill, written advertisement or other publication which directly or by implication seeks to obtain public support.
(d) The sale of, offer, or attempt to sell any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies, or other tangible item in connection with which any appeal is made for any charitable trust or purpose, or where the name of any charitable trust is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale shall be used for any charitable purpose or benefit any charitable trust. A solicitation shall be deemed to have taken place whether or not the person making the same receives any contribution.

New Jersey

Source: New Jersey Permanent Statutes
Section: Title 45: Professions and Occupations. Section 45:17A-20. [Charitable Registration and Investigation Act]
Cite: N.J. Stat. § 45:17A-20 (http://www.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=12930&expandheadings=on&headingswithhits=on&infobase=Statutes.nfo&softpage=HitList_Frame_Pg, Mar. 1999).

Charitable sales promotion

Section 45:17A-20 "Charitable sales promotion" means an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit a charitable organization or purpose.

Commercial co-venturer

Section 45:17A-20 "Commercial co-venturer" means any person who, for profit or other consideration 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 his goods, services, entertainment or any other thing of value will benefit a charitable organization.

Fund raising counsel

Section 45:17A-20 "Fund raising counsel" means any person who is retained by a charitable organization for a fixed fee or rate to plan, manage, advise, consult or prepare material for or with respect to the solicitation in this State of contributions for a charitable organization, but who does not solicit contributions or employ, procure or engage any compensated person to solicit contributions. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be a fund raising counsel. No attorney, accountant or banker who renders professional services to a charitable organization or advises a person to make a charitable contribution during the course of rendering professional services to that person shall be deemed, as a result of the professional service or advice rendered, to be a fund raising counsel.

Independent paid fund raiser

Section 45:17A-20 "Independent paid fund raiser" means any person who for compensation performs for a charitable organization any service in connection with which contributions are, or will be solicited in this State by that compensated person or by any compensated person he employs, procures, or engages, directly or indirectly to solicit contributions. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be an independent paid fund raiser. No attorney, accountant or banker who advises a person to make a charitable contribution during the course of rendering professional services to that person shall be deemed, as a result of that advice, to be an independent paid fund raiser.

Solicitation or solicit

Section 45:17A-20 "Solicitation" or "solicit" means the request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind or value which will be used for a charitable purpose or benefit a charitable organization. Solicitation shall include, but not be limited to, the following methods of requesting or securing money, credit, property, financial assistance or other thing of value:

(1) Any oral or written request;
(2) The making of any announcement in the press, over the radio or television, by telephone, through the mail or any other media concerning an appeal or campaign by or for any charitable organization or purpose;
(3) The distribution, circulation, posting or publishing of any handbill, written advertisement or other publication which directly or by implication seeks to obtain a contribution;
(4) The offer of, attempt to sell, or sale of any advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies or other tangible item in connection with which any appeal is made for any charitable organization or purpose, or where the name of any charitable organization is used or referred to in any appeal as an inducement or reason for making any sale, or where any statement is made that the whole or any part of the proceeds from the sale will be used for any charitable purpose or benefit any charitable organization;
(5) The use or employment of canisters, cards, receptacles or similar devices for the collection of money or other thing of value in connection with which any appeal is made for any charitable organization or purpose.

A solicitation shall take place whether or not the person making the solicitation receives any contribution, except that a charitable organization's use of its own name in any communication shall not alone be sufficient to constitute a solicitation.

Solicitor

Section 45:17A-20 "Solicitor" means any individual who attempts to solicit or solicits contributions, for compensation, and who is subject to the control of an independent paid fund raiser. The term "control" means the direct management, direction and supervision of performance of a solicitor's activities in connection with the solicitation of contributions by the independent paid fund raiser.

New Mexico

Source: New Mexico Statutes
Section: Chapter 57: Trade Practices and Regulations. Article 22: Charitable Organizations and Solicitations. Sections 57-22-3: Definitions, and 57-22-8: Disclosure of fund raising costs.
Cite: N.M. Stat. § 57-22-3 (http://www.lexislawpublishing.com/sdCGI-BIN/om_isapi.dll?&infobase=nmsa1978.NFO&softpage=browse_frame_pg, Mar. 1999).

Solicitation

Section 57-22-3 E. "solicitation" means any request or appeal, either oral or written, or any endeavor to obtain, seek or plead for funds, property, financial assistance or other thing of value, including the promise or grant of any money or property of any kind or value for a charitable purpose, but excluding:

(1) direct grants or allocation of funds received or solicited from any affiliated fund raising organization by a member agency; and
(2) unsolicited contributions received from any individual donor, foundation, trust, governmental agency or other source, unless such contributions are received in conjunction with a solicitation drive.

Professional fundraiser

The term "professional fundraiser" is used in the New Mexico Charitable Organizations and Solicitations Act, Section 57-22-8 (disclosure of fund raising costs), but is never defined.

New York

Source: New York State Consolidated Laws
Section: Chapter 18: Executive Law. Article 7-A: Solicitation and Collection of Funds for Charitable Purposes. Section 171-a: Definitions.
Cite: N.Y. Exec. Law § 171-a (http://assembly.state.ny.us/cgi-bin/claws, Mar. 1999).

Professional fund raiser

Executive Law. Article 7A. Section 171-a (4) "Professional fund raiser." Any person who directly or indirectly: (a) for compensation or other consideration plans, manages, conducts, carries on, or assists in connection with a charitable solicitation or individually solicits or who employs or otherwise engages on any basis another person to solicit 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 by telephone or door-to-door and advertises a sale, performance, or event will benefit a charitable organization; or (c) who advertises a sale, performance, or event will benefit a charitable organization but is not a commercial co-venturer. A bona fide officer, volunteer or employee of a charitable organization or fund raising counsel shall not be deemed a professional fund raiser.

Professional solicitor

Executive Law. Article 7A. Section 171-a (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.

Commercial co-venturer

Executive Law. Article 7A. Section 171-a (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.

Fund raising counsel

Executive Law. Article 7A. Section 171-a (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.

Solicit

Executive Law. Article 7A. Section 171-a (10) "Solicit." To directly or indirectly make a request, whether express or implied, through any medium. A "solicitation" shall be deemed to have taken place whether or not the solicitor receives a contribution. 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 preparation 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 prepared and mailed such solicitation if such person does not receive or have access to such contributions.

North Carolina

Source: North Carolina General Statutes
Section: Chapter 131F: Solicitation of Contributions. Section 131F-2: Definitions.
Cite: N.C. Gen. Stat. § 131F-2 (http://www.ncga.state.nc.us/html1999/statutes/statutes.html, Mar. 1999).

Charitable sales promotion

Section 131F-2 (4) "Charitable sales promotion" means an advertising or sales campaign that represents that the purchase or use of goods or services offered by a coventurer is to benefit a charitable organization. The provision of advertising services alone to a charitable organization does not constitute a charitable sales promotion.

Coventurer

Section 131F-2 (6) "Coventurer" means any person who, for compensation, conducts a charitable sales promotion or a sponsor sales promotion, other than in connection with the solicitation of contributions.

Fund-raising consultant

Section 131F-2 (10) "Fund-raising consultant" means any person who meets all of the following:

a. Is retained by a charitable organization or sponsor for a fixed fee or rate under a written agreement to plan, manage, conduct, consult, or prepare material for the solicitation of contributions in this State.
b. Does not solicit contributions or employ, procure, or engage any person to solicit contributions.
c. Does not at any time have custody or control of contributions.

Solicitation

Section 131F-2 (18) "Solicitation" means a request, directly or indirectly, for money, property, financial assistance, or any other thing of value on the plea or representation that it will be used for a charitable or sponsor purpose or will benefit a charitable organization or sponsor. "Solicitation" may occur by any of the following methods:

a.Any oral or written request.
b.Any announcement to the press, radio, or television, by telephone or telegraph, or by any other communication device.
c.Distributing, posting, or publishing any handbill, written advertisement, or other publication that directly or by implication seeks to obtain any contribution.
d.Selling or offering or attempting to sell any good, service, chance, right, or any thing of value to benefit a charitable organization or sponsor.

The selling or offering or attempting to sell is a "solicitation" whether or not the person making the solicitation receives any contribution. It is not a "solicitation" when a person applies for a grant or an award to the government or to an organization that is exempt from federal income taxation under section 501(a) of the Internal Revenue Code and described in section 501(c) of the Internal Revenue Code.

Solicitor

Section 131F-2 (19) "Solicitor" means any person who, for compensation, does not qualify as a fund-raising consultant and does either of the following:

a. Performs any service, 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 the solicitation of contributions for a charitable organization or sponsor.

Sponsor

Section 131F-2 (20) "Sponsor" means a person who is or holds out to others as soliciting contributions by the use of any name that implies affiliation with emergency service employees or law enforcement officers and who is not a charitable organization. "Sponsor" includes a chapter, branch, or affiliate that has its principal place of business outside the State, if this chapter, branch, or affiliate solicits or holds out to be soliciting contributions in this State.

Sponsor purpose

Section 131F-2 (21) "Sponsor purpose" means any program or endeavor performed to benefit emergency service employees or law enforcement officers.

Sponsor sales promotion

Section 131F-2 (22) "Sponsor sales promotion" means an advertising or sales campaign conducted by a coventurer who represents that the purchase or use of goods or services offered by 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 a sponsor sales promotion.

North Dakota

Source: North Dakota Century Code
Section: Title 50: Public Welfare. Section 50-22-01
Cite: N.D. Cent. Code § 50-22-01 (http://www.state.nd.us/lr/centurycode.html, Mar. 1999).

Professional fundraiser

Section 50-22-01 (4) "Professional fundraiser" means any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises, or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on behalf of, any charitable organization but who actually solicits no contributions as a part of such services. A bona fide salaried officer or employee of a charitable organization maintaining a permanent establishment within the state shall not be deemed to be a professional fundraiser.

Professional solicitor

Section 50-22-01 (5) "Professional solicitor" means any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable organization whether such solicitation is performed personally or through the person's agents, servants, or employees or through agents, servants, or employees specially employed by, or for, a charitable organization, who are engaged in the solicitation of contributions under the direction of such person, or a person who plans, conducts, manages, carries on, advises, or acts as a consultant, whether directly or indirectly, to a charitable organization in connection with the solicitation of contributions but does not qualify as a professional fundraiser within the meaning of this chapter. A bona fide full-time salaried officer or employee of a charitable organization maintaining a permanent establishment within the state may not be deemed to be a professional solicitor. No attorney, investment counselor, or banker who advises any person to make a contribution to a charitable organization may be deemed, as the result of such advice, to be a professional fundraiser or a professional solicitor.

Solicitation

Section 50-22-01 (6) "Solicitation" means the asking, seeking, appealing, requesting, directly or indirectly by means of mail, personal contact, written material, radio, television, news media, magazines or other periodicals, or any other means of communication, of money or property of any kind or value or pledges for the same.

Ohio

Source: Ohio Revised Code
Section: Title 17: Corporations--Partnerships. Chapter 1716: Charitable Organizations. Section 1716.01.
Cite: Ohio Rev. Code § 1716.01 (http://orc.avv.com/, Mar. 1999).

Charitable sales promotion

Section 1716.01 (C) "Charitable sales promotion" means any advertising or sale conducted by a person who represents that the purchase or use of goods or services offered by the person will benefit, in whole or in part, any charitable organization or charitable purpose. The provision of advertising services to a charitable organization, either for compensation or as a donation, does not of itself constitute a charitable sales promotion.

Commercial co-venturer

Section 1716.01 (D) "Commercial co-venturer" means any person who for profit regularly and primarily is engaged in trade or commerce other than in connection with soliciting for charitable organizations or charitable purposes and who conducts a charitable sales promotion.

Fund-raising counsel

Section 1716.01 (F) "Fund-raising counsel" means any person who, for compensation, plans, manages, advises, consults, or prepares material for or with respect to the solicitation in this state of contributions for any charitable organization or at any time has custody of contributions from a solicitation, but does not solicit contributions and does not employ, procure, or otherwise engage any compensated person to solicit contributions. "Fund-raising counsel" does not include the following:

(1) An attorney, investment counselor, or banker who in the conduct of his profession advises a client;

(2) A charitable organization or a bona fide officer, employee, or volunteer of a charitable organization,
when the charitable organization has full knowledge of the services being performed on its behalf and
either of the following applies:

(a) The services performed by the charitable organization, bona fide officer, employee, or volunteer are performed on behalf of the charitable organization that employs the bona fide officer or employee or engages the services of the bona fide volunteer;

(b) The charitable organization on whose behalf the services are performed shares some element of common control or an historic or continuing relationship with the charitable organization that performs the services or employs the bona fide officer or employee or engages the services of the bona fide volunteer;

(3) An employer who is not engaged in the business of soliciting contributions or conducting charitable sales promotions but who incidentally solicits contributions for a charitable organization or purpose without compensation;

(4) A compensated employee of an employer who is not engaged in the business of soliciting contributions or conducting charitable sales promotions, when the employee solicits contributions or conducts charitable sales promotions at the direction of his employer.

Professional solicitor

Section 1716.01 (I) "Professional solicitor" means any person who, for compensation, performs on behalf of or for the benefit of a charitable organization any service in connection with which contributions are or will be solicited in this state by the compensated person or by any person it employs, procures, or otherwise engages directly or indirectly to solicit contributions. "Professional solicitor" does not include the following:

(1) An attorney, investment counselor, or banker who in the conduct of his profession advises a client;
(2) A charitable organization or a bona fide officer, employee, or volunteer of a charitable organization, when the charitable organization has full knowledge of the services being performed on its behalf and either of the following applies:

(a) The services performed by the charitable organization, bona fide officer, employee, or volunteer are performed on behalf of the charitable organization that employs the bona fide officer or employee or engages the services of the bona fide volunteer;
(b) The charitable organization on whose behalf the services are performed shares some element of common control or an historic or continuing relationship with the charitable organization that performs the services or employs the bona fide officer or employee or engages the services of the bona fide volunteer;

(3) An employer who is not engaged in the business of soliciting contributions or conducting charitable sales promotions but who incidentally solicits contributions for a charitable organization or purpose without compensation;
(4) A compensated employee of an employer who is not engaged in the business of soliciting contributions or conducting charitable sales promotions, when the employee solicits contributions or conducts charitable sales promotions at the direction of his employer.

Solicit or solicitation

(J) "Solicit" or "solicitation" means to request or a request directly or indirectly for money, property, financial assistance, or any other thing of value on the plea or representation that such money, property, financial assistance, or other thing of value or a portion of it will be used for a charitable purpose or will benefit a charitable organization. "Solicit" or "solicitation" includes but is not limited to the following methods of requesting or securing the promise, pledge, or grant of money, property, financial assistance, or any other thing of value:

(1) Any oral or written request;
(2) Making any announcement to the press, on radio or television, by telephone or telegraph, or by any other communication device concerning an appeal or campaign by or for any charitable organization or for any charitable purpose;
(3) Distributing, circulating, posting, or publishing any handbill, written advertisement, or other publication that directly or by implication seeks to obtain any contribution;
(4) Selling or offering or attempting to sell any advertisement, advertising space, book, card, tag, coupon, chance, device, magazine, membership, merchandise, subscription, sponsorship, flower, ticket, admission, candy, cookies, or other tangible item, or any right of any description in connection with which an appeal is made for any charitable organization or charitable purpose, or when the name of any charitable organization is used or referred to in any such appeal as an inducement or reason for making the sale, or when in connection with the sale or offer or attempt to sell, any statement is made that all or part of the proceeds from the sale will be used for any charitable purpose or will benefit any charitable organization.

A solicitation is considered as having taken place whether or not the person making the solicitation receives any contribution. A solicitation does not occur when a person applies for a grant or an award to the government or to an organization that is exempt from federal income taxation under section 501(a) and described in section 501(c)(3) of the Internal Revenue Code.

Oklahoma

Source: Oklahoma State Statutes
Section: Title 18. Section 18-552.2
Cite: Okla. Stat. tit. 18, § 18-552.2 (http://oklegal.onenet.net/statutes.basic.html, Mar. 1999).

Professional fund raiser

Section 18-552.2 (4) "Professional fund raiser" means any person who for compensation or other consideration plans, conducts or manages in this state the solicitation of contributions 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 contributions for such purpose; and

Professional solicitor

Section 18-552.2 (5) "Professional solicitor" means any person who is employed or retained for compensation or other consideration of any kind whatsoever by a professional fund raiser to solicit contributions in this state for or on behalf of any charitable organization or any other person.

Oregon

Source: Oregon Revised Statutes
Section: Chapter 128: Trusts; Charitable Activities. Section 128.801: [Charitable Solicitations Act] Definitions for ORS 128.801 to 128.898.
Cite: Or. Rev. Stat. § 128.801 (http://landru.leg.state.or.us/ors/, Mar. 1999).

Commercial fund raising solicitation

Section 128.801 (2) "Commercial fund raising solicitation" means the solicitation of funds for nonprofit beneficiaries, whether named or unspecified, through the sale of goods or services, whether the goods or services are delivered to a purchaser or donated to third parties, and where the solicitation is conducted by a commercial fund raising firm or commercial coventurer. If donors receive insubstantial items or other benefits in return for contributions, such a solicitation of funds is not a commercial fund raising solicitation if the items or benefits received are considered premiums and do not affect the deductibility of the contributions for federal income tax purposes. A solicitation is conducted by a commercial fund raising firm or commercial coventurer if the soliciting agents are under the direction and control of a commercial fund raising firm or commercial coventurer; the fact that the solicitors are paid by the beneficiary is of no consequence.

Commercial coventurer

Section 128.801 (3) "Commercial coventurer" means any sole proprietorship, partnership, corporation or any other legal entity, organized for profit or formed as a nonprofit mutual benefit corporation, who is regularly and primarily engaged in trade or commerce in this state other than in conjunction with the raising of funds for nonprofit purposes and who conducts commercial fund raising solicitations on an infrequent basis.

Commercial fund raising firm

Section 128.801 (4) "Commercial fund raising firm" means any sole proprietorship, partnership, corporation or any other legal entity, organized for profit or formed as a nonprofit mutual benefit corporation, who, for compensation or other consideration regularly conducts commercial fund raising solicitations.

Professional fund raising firm

Section 128.801 (5) "Professional fund raising firm" means any sole proprietorship, partnership, corporation or any other legal entity, organized for profit or as a nonprofit mutual benefit corporation, who, for compensation or other consideration, manages or conducts the solicitation of funds, not including commercial fund raising solicitations, on behalf of any nonprofit organization.

Solicitation

Section 128.801 (6)(a) "Solicitation" means any oral or written request for a contribution, including the solicitor's offer or attempt to sell any property, rights, services or other thing, in connection with which:

(A) The name of any nonprofit organization is used as an inducement for making the contribution or consummating the sale; or
(B) Any statement is made which implies that the whole or any part of the contribution or proceeds from the sale will be donated to any nonprofit organization.

(b) "Solicitation" does not include the making of any request or appeal on behalf of a candidate, political committee or easure as defined in ORS 260.005, unless the appeal states or implies that contributions will be used, in whole or in part, for a charitable purpose or includes a representation that a ticket to an event may be donated by a contributor to the solicitors for use by another.

Pennsylvania

Source: Pennsylvania Consolidated Statutes (only partially available here and also here)
Section: Title 10: Charities. Chapter 4B: Solicitation of Funds for Charitable Purposes Act. Section 162.3. Definitions.
Cite: 10 Pa. Cons. Stat. § 162.3 (http://www.attorneygeneral.gov/ppd/charity/charact.htm, Mar. 30, 1999).

The Pennsylvania "Solicitation of Funds for Charitable Purpose Act" is posted online by the PA Attorney General's Charitable Trusts and Organizations Section.

Charitable promotion

Section 162.3 "Charitable promotion." Any advertising or sales campaign, event or performance, conducted, produced, promoted, underwritten, arranged or sponsored by a commercial coventurer, which represents that the purchase or use of goods or services or attendance at events or performances offered or sponsored by the commercial coventurer will benefit, in whole or in part, a charitable organization or purpose.

Commercial coventurer

Section 162.3 "Commercial coventurer." 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 when offered at the usual retail price comparable to similar goods or services in the market 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.

Professional fundraising counsel

Section 162.3 "Professional fundraising counsel." Any person who is retained by a charitable organization for a fixed fee or rate under a written agreement to plan, manage, advise, consult or prepare material for or with respect to the solicitation in this Commonwealth of contributions for a charitable organization, but who does not solicit contributions or employ, procure or engage any compensated person to solicit contributions and who does not have custody or control of contributions. A bona fide salaried officer or regular, nontemporary employee of a charitable organization shall not be deemed to be a professional fundraising counsel provided that the individual is not employed or engaged as professional fundraising counsel or as a professional solicitor by any other person.

Professional solicitor

Section 162.3 "Professional solicitor." Any person who is retained for financial or other consideration by a charitable organization to solicit in this Commonwealth contributions for charitable purposes directly or in the form of payment for goods, services or admission to fundraising events, whether such solicitation is performed personally or through his agents, servants or employees or through agents, servants or employees especially employed by or for a charitable organization who are engaged in the solicitation of contributions, the sale of goods or services or the production of fundraising events under the direction of such person, or a person who plans, conducts, manages, carries on, advises, consults, whether directly or indirectly, in connection with the solicitation of contributions, sale of goods or services or the production of fundraising events for or on behalf of any charitable organization, but does not qualify as a professional fundraising counsel within the meaning of this act. A person who is otherwise a professional fundraising counsel shall be deemed a professional solicitor if his compensation is related to the amount of contributions received. A bona fide salaried officer or regular, nontemporary employee of a charitable organization shall not be deemed to be a professional solicitor provided that the individual is not employed or engaged as professional fundraising counsel or as a professional solicitor by any other person.

Solicitation

Section 162.3 "Solicitation." Any direct or indirect request for a contribution on the representation that such contribution will be used in whole or in part for a charitable purpose, including, but not limited to, any of the following:

(1) Any oral request that is made in person, by telephone, radio or television or other advertising or communication media.
(2) Any written or otherwise recorded or published request that is mailed, sent, delivered, circulated, distributed, posted in a public place or advertised or communicated by press, telegraph, television or any other media.
(3) Any sale of, offer or attempt to sell any advertisement, advertising space, sponsorship, book, card, chance, coupon, device, food, magazine, merchandise, newspaper, subscription, ticket or other service or tangible good, thing or item of value.
(4) Any announcement requesting the public to attend an appeal, assemblage, athletic or competitive event, carnival, circus, concert, contest, dance, entertainment, exhibition, exposition, game, lecture, meal, party, show, social gathering or other performance or event of any kind.

Rhode Island

Source: Rhode Island General Laws
Section: Title 5: Businesses and Professions. Chapter 5-53: Solicitation by Charitable Organizations. Section 5-53-1: Definitions.
Cite: R.I. Gen. Laws § 5-53-1 (http://www.rilin.state.ri.us/Statutes/Statutes.html, Mar. 1999).

Professional fund-raising counsel

Section 5-53-1 (9) "Professional fund-raising counsel" means

(1) any person who, whether within or without the state for compensation or other consideration plans, conducts, manages, carries on, advises, or performs any services whether directly or indirectly in connection with soliciting contributions in Rhode Island for or on behalf of any charitable organization whether such solicitation is done individually or through agents, servants or employees of that person or through agents, servants or employees specially recruited for a charitable solicitation on the payroll of a charitable organization who are engaged in the solicitation of contributions under the direction of that person.

(2) A bona fide salaried officer or regular, non-temporary employee of a charitable organization shall not be deemed to be a professional fund-raising counsel. No attorney, investment counselor, or banker who advises an individual, corporation, or association to make a charitable contribution shall be deemed, as a result of that advice, to be a professional fund-raising counsel.

Professional solicitor

Section 5-53-1 (10) "Professional solicitor" means any person who, for compensation or other consideration, solicits contributions for, or on behalf of a charitable organization, whether such solicitation is performed personally or through their agents, servants, or employees or through agents, servants, or employees specially employed by, or for, a charitable organization, who are engaged in the solicitation of contributions under the direction of that person, or a person who plans, conducts, manages, carries on, advises, or acts as a consultant, whether directly or indirectly, to a charitable organization in connection with the solicitation of contributions but does not qualify as a "professional fund-raising counsel" within the meaning of this chapter. A bona fide full time salaried officer or employee of a charitable organization maintaining a permanent establishment within the state shall not be deemed to be a professional solicitor. No attorney, investment counselor, or banker who advises an individual or association to make a charitable contribution shall be deemed, as a result of such advice, to be a professional solicitor.

Solicit and solicitation

Section 5-53-1 (11) "Solicit" and "solicitation" means

(i) to appeal, request, directly or indirectly for money, credit, property, financial assistance, or other thing of value by means of mail, personal contact, written material, radio, television, news media, magazines, or other periodicals or any means of communication on the plea or representation that such money, credit, property, financial assistance, or other thing of value will be used for a charitable purpose as those purposes are defined in this section.
(ii) "Solicitation" shall be deemed to have taken place when the request sought is made, whether or not the person making the request receives any contribution referred to in this section.

South Carolina

Source: South Carolina Code of Laws
Section: Title 33: Corporations, Partnerships and Associations. Chapter 56: Solicitation of Charitable Funds. Section 33-56-20: Definitions.
Cite: S.C. Code § 33-56-20 (http://www.lpitr.state.sc.us/code/statmast.htm, Mar. 1999).

Solicit and solicitation

Section 33-56-20 (4) "Solicit" and "solicitation" means the request for money, credit, property, financial assistance, or other thing of value, or any portion of it, which will be used for a charitable purpose or benefit a charitable organization. A solicitation is considered to have taken place whether or not the person making the same receives any contribution.

Professional fund-raising counsel

Section 33-56-20 (7) "Professional fund-raising counsel" means a person who for compensation plans, conducts, manages, prepares materials for, advises, or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for or on behalf of a charitable organization but who actually does not solicit contributions as a part of these services. A bona fide salaried officer or employee of a charitable organization maintaining a permanent establishment within this State, or the bona fide salaried officer or employee of a parent organization certified as tax exempt, is not considered to be a professional fund-raising counsel.

Professional solicitor

Section 33-56-20 (8) "Professional solicitor" means a person who, for monetary consideration, solicits contributions for or on behalf of a charitable organization, whether the solicitation is performed personally or through its agents, servants, or employees specially employed by or for a charitable organization, who are engaged in the solicitation of contributions under the direction of such person. "Professional solicitor" also means a person who plans, conducts, manages, carries on, advises, or acts as a consultant to a charitable organization in connection with the solicitation of contributions but does not qualify as "professional fund-raising counsel" within the meaning of this chapter. A bonafide salaried officer, unpaid director, or a bonafide full-time employee of a charitable organization or a part-time student employee of an educational institution is not considered to be a professional solicitor.

South Dakota

Source: South Dakota Codified Laws
Section: Title 37. Trade Regulation. Chapter 37-27: Charitable and Professional Solicitation of Contributions. [Repealed by SL 1984, ch 260, §§ 1-4]
Section: Title 37. Trade Regulation. Chapter 37-30: Telephone Solicitation. Section 37-30-2: Sale of items associated with charity as solicitation - Includes offer or attempt to sell.
Cite: n/a (http://www.lexislawpublishing.com/sdCGI-BIN/om_isapi.dll?&infobase=sdcode.NFO&softpage=browse_frame_pg, Mar. 1999)

South Dakota only regulates the solicitation of charitable contributions conducted by telephone (Section 37-30-2 and 37-30-3), treating them like other telephone solicitors (which are required to register).

Tennessee

Source: Tennessee Code
Section: Title 48: Corporations And Associations. Chapter 101: Special Purpose Corporations and Associations. Part 5: Solicitation of Charitable Funds. Section 48-101-501: Definitions.
Cite: Tenn. Code § 48-101-501 (http://www.lexislawpublishing.com/sdCGI-BIN/om_isapi.dll?&infobase=tncode.NFO&softpage=browse_frame_pg, Mar. 1999).

Professional fund raising counsel

Section 48-101-501 (6) "Professional fund raising counsel" means any person who, for compensation, plans, manages, advises, consults or prepares material for a charitable organization for the solicitation of contributions in this state, but who does not solicit contributions and does not employ, procure, or engage any person to solicit contributions on behalf of a charitable organization;

Professional solicitor

Section 48-101-501 (7) "Professional solicitor" means any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable organization, whether such solicitation is performed personally or through such person's agents, servants or employees or through agents, servants or employees specially employed by or for a charitable organization, who are engaged in the solicitation of contributions under the direction of such person, or a person who plans, conducts, manages, carries on or advises a charitable organization in connection with the solicitation of contributions. Any independent marketing agent or entity to whom a professional solicitor assigns fund raising or solicitation responsibilities shall be deemed to be a professional solicitor for purposes of this part. A salaried officer or permanent employee of a charitable organization is not deemed to be a professional solicitor. However, any salaried officer or employee of a charitable organization that engages in the solicitation of contributions for compensation in any manner for more than one (1) charitable organization is deemed a professional solicitor. A professional solicitor does not include an attorney, investment counselor, or banker who in the conduct of such person's profession advises a client.

Solicit or solicitation

Section 48-101-501 (9) "Solicit" or "solicitation" means any oral or written request, however communicated, whether directly or indirectly, for a contribution;

Vending device

Section 48-101-501 (11) "Vending device" means any container used by a vendor for the purpose of collecting a charitable contribution or donation and includes machines, boxes, jars, wishing wells, barrels, or any other container so used; and

Vendor

Section 48-101-501 (12) "Vendor" means any person who solicits contributions through the sale of goods or services through the use of vending devices, if the device displays a statement, whether directly or indirectly, that a charitable organization receives or benefits from a portion of the sales, or that a portion of the sales will be used for a charitable purpose. For purposes of this part, a vending device with multiple dispensing units on a single stand is considered a single vending device.

Texas

Source: Texas State Statutes (also here)
Section: n/a
Cite: n/a (http://www.capitol.state.tx.us/statutes/statutes.html, Mar. 1999)

Only persons who solicit in Texas on behalf of law enforcement or public safety organizations are required to provide information to the Attorney General's Office prior to commencing a solicitation campaign.

Utah

Source: Utah Code
Section: Title 13: Commerce and Trade. Chapter 22: Charitable Solicitations Act. Section 13-22-2: Definitions.
Cite: Utah Code § 13-22-2 (http://www.le.state.ut.us/~code/code.htm, Mar. 1999).

Charitable solicitation or solicitation

Section 13-22-2 (3) "Charitable solicitation" or "solicitation" means any request, directly or indirectly, for money, credit, property, financial assistance, or any other thing of value on the plea or representation that it will be used for a charitable purpose. A charitable solicitation may be made in any manner, including:

(a) any oral or written request, including any telephonic request;
(b) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or
(c) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket, flower, flag, button, sticker, ribbon, token, trinket, tag, souvenir, candy, or any other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose.

Paid solicitor

Section 13-22-2 (9) (a) "Paid solicitor" means any person who, for financial or other consideration:

(i) solicits contribution for charitable purposes; or
(ii) acts as an employee or agent for any charitable organization or professional fund raiser to solicit contributions for charitable purposes.

(b) "Paid solicitor" does not include any clerical employee who is not primarily involved with soliciting.

Professional fund raiser

Section 13-22-2 (10) (a) "Professional fund raiser," except as provided in Subsection (10)(b), means any person who:

(i) for compensation or any other consideration plans or manages the solicitation of contributions for or on behalf of any charitable organization or any other person;
(ii) engages in, or who holds himself out to persons in this state as being independently engaged in, the business of soliciting contributions for a charitable organization;
(iii) manages, supervises, or trains any paid solicitor; or
(iv) uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes.

(b) "Professional fund raiser" does not include a bona fide officer, director, volunteer, or full-time employee of a charitable organization.

Professional fund raising counsel or consultant

Section 13-22-2 (11) (a) "Professional fund raising counsel or consultant" or other comparable designation or title means a person who:

(i) for compensation plans, manages, advises, counsels, consults, or prepares material for, or with respect to, the solicitation in this state of contributions for a charitable organization, whether or not at any time the person has custody of contributions from a solicitation;
(ii) does not solicit contributions; and
(iii) does not employ, procure, or engage any compensated person to solicit or receive contributions.

(b) "Professional fund raising counsel or consultant" does not include an attorney, investment counselor, or banker who in the conduct of that person's profession advises a client when actually engaged in the giving of legal, investment, or financial advice.

Vermont

Source: Vermont Statutes
Section: Title 9. Commerce and Trade. Chapter 63: Consumer Fraud. Section 2471: Definitions.
Cite: Vt. Stat. tit. 9, § 2471 (http://www.leg.state.vt.us/statutes/statutes.htm, Mar. 1999).

Paid fundraiser

Title 9. Section 2471. (8) "Paid fundraiser" means a person who, for financial consideration, solicits contributions from persons in this state, either directly or through employees, agents, or those with whom the paid fundraiser is in privity. A paid fundraiser does not include:

(A) Any person who, for compensation, plans, manages, advises or consults in connection with the solicitation of contributions in this state, but does not solicit contributions; except that if the compensation is in whole or in part dependent on the number or value of contributions received, the person shall be considered a paid fundraiser.
(B) Any person who for profit is regularly and primarily engaged in trade or commerce in this state other than in connection with the raising of funds for charitable purposes and who represents to the public that an amount per unit of goods or services purchased by the public will benefit a charitable purpose.
(C) A bona fide officer or employee of a charitable organization.
(D) A person who solicits for an educational institution at which he or she is a bona fide student, unless the person is paid compensation which is in whole or in part dependent upon the number or value of contributions received.

Solicit and solicitation

Title 9. Section 2471. (9) "Solicit" and "solicitation" mean the direct or indirect request for a contribution, including the solicitor's offer or attempt to sell any property, rights, services or other thing, in connection with which:

(A) The name of any charitable organization or name similar to any charitable organization is used as an inducement for making the contribution or consummating the sale.
(B) Any statement is made which implies that the whole or any part of the contribution will be donated to any charitable organization or will go to any charitable purpose. A solicitation shall be deemed to have taken place when the request for a contribution is made and at the place where the request is received, whether or not the person making the solicitation receives a contribution. A request or appeal on behalf of a candidate for office or a political committee is not a solicitation.

Virginia

Source: Code of Virginia
Section: Title 57: Religious and Charitable Matters; Cemeteries. Chapter 5: Solicitation of Contributions. Section 57-48: Definitions.
Cite: Va. Code § 57-48 (http://leg1.state.va.us/000/src.htm, Mar. 1999).

Professional fund-raising counsel

Section 57-48 "Professional fund-raising counsel" means any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on behalf of, any charitable or civic organization, but who actually solicits no contributions as a part of such services. A bona fide salaried officer or employee of a registered or exempt charitable organization or the bona fide salaried officer or employee of a registered parent organization shall not be deemed to be a professional fund-raising counsel.

Professional solicitor

Section 57-48 "Professional solicitor" means any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable or civic organization, whether such solicitation is performed personally or through his agents, servants, or employees or through agents, servants, or employees specially employed by, or for a charitable or civic organization, who are engaged in the solicitation of contributions under the direction of such person, or any person who, for a financial or other consideration, plans, conducts, manages, carries on, advises or acts as a consultant to a charitable or civic organization in connection with the solicitation of contributions but does not qualify as a professional fund-raising counsel. A bona fide salaried officer or employee of a registered or exempt charitable organization or a bona fide salaried officer or employee of a registered parent organization shall not be deemed to be a professional solicitor.

Sale, sell and sold

Section 57-48 "Sale," "sell" and "sold" mean the transfer of any property or the rendition of any service to any person in exchange for consideration, including any purported contribution without which such property would not have been transferred or such services would not have been rendered.

Solicit and solicitation

Section 57-48 "Solicit" and "solicitation" mean the request or appeal, directly or indirectly, for any contribution on the plea or representation that such contribution will be used for a charitable purpose, including, without limitation, the following methods of requesting such contribution:

1. Any oral or written request;
2. Any announcement to the press, over the radio or television, or by telephone or telegraph concerning an appeal or campaign to which the public is requested to make a contribution for any charitable purpose connected therewith;
3. The distribution, circulation, posting or publishing of any handbill, written advertisement or other publication which directly or by implication seeks to obtain public support; or
4. The sale of, offer or attempt to sell, any advertisement, advertising space, subscription, ticket, or any service or tangible item in connection with which any appeal is made for any charitable purpose or where the name of any charitable or civic organization is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will be donated to any charitable purpose.

"Solicitation" as defined herein, shall be deemed to occur when the request is made, at the place the request is received, whether or not the person making the same actually receives any contribution.

Washington

Source: Revised Code of Washington
Section: Title 19: Business Regulations--Miscellaneous. Chapter 19.09: Charitable Solicitations. Section 19.09.020: Definitions.
Cite: Wash. Rev. Code § 19.09.020 (http://www.leg.wa.gov/wsladm/rcw.htm, Mar. 1999).

Commercial fund raiser or commercial fund-raising entity

Section 19.09.020 (8) "Commercial fund raiser" or "commercial fund-raising entity" means any entity that for compensation or other consideration within this state directly or indirectly solicits or receives contributions for or on behalf of any charitable organization or charitable purpose, or that is engaged in the business of or is held out to persons in this state as independently engaged in the business of soliciting or receiving contributions for such purposes. However, the following shall not be deemed a commercial fund raiser or "commercial fund-raising entity": (a) Any entity that provides fund-raising advice or consultation to a charitable organization within this state but neither directly nor indirectly solicits or receives any contribution for or on behalf of any such charitable organization; and (b) a bona fide officer or other employee of a charitable organization.

Solicitation

Section 19.09.020 (15) "Solicitation" means any oral or written request for a contribution, including the solicitor's offer or attempt to sell any property, rights, services, or other thing in connection with which:

(a) Any appeal is made for any charitable purpose; or
(b) The name of any charitable organization is used as an inducement for consummating the sale; or
(c) Any statement is made that implies that the whole or any part of the proceeds from the sale will be applied toward any charitable purpose or donated to any charitable organization.

The solicitation shall be deemed completed when made, whether or not the person making it receives any contribution or makes any sale.
Bingo activities, raffles, and amusement games conducted under chapter 9.46 RCW and applicable rules of the Washington state gambling commission are specifically excluded and shall not be deemed a solicitation under this chapter.

Washington, D.C.

Source: (not available online)
Section: ?
Cite: ?

The relevent parts of the Washington, D.C. state code are not available online. The significant sections might be in the D.C. Code, Title 2, Chapter 21.

West Virginia

Source: West Virginia State Code
Section: Chapter 29. Article 19: Solicitation of Charitable Funds Act. Section 29-19-2: Definitions.
Cite: W. Va. Code § 29-19-2 (http://www.legis.state.wv.us/Code/toc.html, Mar. 1999).

Solicit and solicitation

Section 29-19-2 (3) "Solicit" and "solicitation" means the request or appeal, directly or indirectly, for any contribution on the plea or representation that such contribution will be used for a charitable purpose, including, without limitation, the following methods of requesting such contribution:

(a) Any oral or written request;
(b) Any announcement to the press, over the radio or television, or by telephone or telegraph, concerning an appeal or campaign to which the public is requested to make a contribution for any charitable purpose connected therewith;
(c) The distribution, circulation, posting or publishing of any handbill, written advertisement or other publication which directly or by implication seeks to obtain public support; or
(d) The sale of, offer or attempt to sell, any advertisement, advertising space, subscription, ticket or any service or tangible item in connection with which any appeal is made for any charitable purpose or where the name of any charitable or civic organization is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will be donated to any charitable purpose.

"Solicitation", as defined herein, shall be deemed to occur when the request is made, at the place the request is received, whether or not the person making the same actually receives any contribution.

Professional fund-raising counsel

Section 29-19-2 (7) "Professional fund-raising counsel" means any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on behalf of any charitable organization but who actually solicits no contributions as a part of such services. A bona fide salaried officer or employee of a charitable organization maintaining a permanent establishment within the state shall not be deemed to be a professional fund-raising counsel.

Professional solicitor

Section 29-19-2 (8) "Professional solicitor" means any person who, for a financial or other consideration, solicits contributions for, or on behalf of a charitable organization, whether such solicitation is performed personally or through said person's agents, servants or employees specially employed by, or for a charitable organization, who are engaged in the solicitation of contributions under the direction of such person, or a person who plans, conducts, manages, carries on, advises or acts as a consultant to a charitable organization in connection with the solicitation of contributions but does not qualify as "professional fund-raising counsel" within the meaning of this article. A bona fide salaried officer or employee of a charitable organization maintaining a permanent establishment within the state is not a professional solicitor.

No attorney, investment counselor or banker, who advises any person to make a contribution to a charitable organization, shall be considered, as the result of such advice, a professional fund-raising counsel or a professional solicitor.

Wisconsin

Source: Wisconsin Statutes
Section: Chapter 440. Department of Regulation and Licensing. Subchapter III: Solicitation of Funds for Charitable Purposes. Section 440.41: Definitions.
Cite: Wis. Stat. § 440.41 (http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=105530&infobase=stats.nfo&softpage=Browse_Frame_Pg, Mar. 1999).

Charitable sales promotion

Section 440.41 (3) "Charitable sales promotion" means an advertising or sales campaign, conducted by a person who is regularly and primarily engaged in trade or commerce for profit other than in connection with soliciting, which represents that the purchase or use of goods or services offered will benefit, in whole or in part, a charitable organization or charitable purpose.

Commercial coventurer

Section 440.41 (4) "Commercial coventurer" means a person who is regularly and primarily engaged in trade or commerce for profit other than in connection with soliciting and who conducts a charitable sales promotion.

Fund-raising counsel

Section 440.41 (6) "Fund-raising counsel" means a person who, for compensation, plans, manages, advises, consults or prepares material for, or with respect to, solicitation in this state for a charitable organization, but who does not solicit and who does not employ, engage or provide any person who is paid to solicit contributions. "Fund-raising counsel" does not include an attorney, investment counselor or employe of a financial institution who advises a person to make a contribution or a bona fide employe, volunteer or salaried officer of a charitable organization.

Professional fund-raiser

Section 440.41 (7) "Professional fund-raiser" means a person who, for compensation, solicits in this state or employs, engages or provides, directly or indirectly, another person who is paid to solicit in this state. "Professional fund-raiser" does not include an attorney, investment counselor or employe of a financial institution who advises a person to make a charitable contribution, a bona fide employe, volunteer, wholly owned subsidiary or salaried officer of a charitable organization, an employe of a temporary help agency who is placed with a charitable organization or a bona fide employe of a person who employs another person to solicit in this state.

Solicit

Section 440.41 (8) "Solicit" means to request, directly or indirectly, a contribution and to state or imply that the contribution will be used for a charitable purpose or will benefit a charitable organization.

Solicitation

Section 440.41 (9) "Solicitation" means the act or practice of soliciting, whether or not the person soliciting receives any contribution. "Solicitation" includes any of the following methods of requesting or securing a contribution:

(a) An oral or written request.
(b) An announcement to the news media or by radio, television, telephone, telegraph or other transmission of images or information concerning the request for contributions by or for a charitable organization or charitable purpose.
(c) The distribution or posting of a handbill, written advertisement or other publication which directly or by implication seeks contributions.
(d) The sale of, or offer or attempt to sell, a membership or an advertisement, advertising space, book, card, tag, coupon, device, magazine, merchandise, subscription, flower, ticket, candy, cookie or other tangible item in connection with any of the following:

1. A request for financial support for a charitable organization or charitable purpose.
2. The use of or reference to the name of a charitable organization as a reason for making a purchase.
3. A statement that all or a part of the proceeds from the sale will be used for a charitable purpose or will benefit a charitable organization.

Wyoming

Source: Wyoming Statutes
Section: n/a
Cite: n/a (http://legisweb.state.wy.us/titles/statutes.htm, Mar. 1999)

Wyoming has no laws specifically regulating professional charitable solicitation.

Online Compendium of Federal and State Regulations for U.S. Nonprofit Organizations
http://www.muridae.com/nporegulation/

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