§ 23-7-8-1 — Definitions

As used in this chapter:
"Bona fide employee" means a person who is a regular,
nontemporary employee of a charitable organization under the direct
and exclusive control of the organization. The term does not include a
person that:
(1) solicits contributions for a charitable organization under the
direction, supervision, instruction, or employ of a professional
solicitor;
(2) is engaged or employed as a professional solicitor by any other
person; or
(3) solicits contributions for more than one (1) charitable
organization.
"Charitable organization" means any organization described in
Section 501 of the federal Internal Revenue Code.
"Contribution" means a promise or pledge of money, a payment, or
any other rendition of property or service. It does not include the
payment of membership dues, fines or assessments, or payments for
property sold or services rendered by the charitable organization, if not
sold or rendered in connection with a solicitation, and does not include
a charitable organization that resells used clothing or household items.
"Division" means the consumer protection division, office of the
attorney general.
"Person" includes any individual, organization, trust foundation,
association, partnership, limited liability company, or corporation.
"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, that solicits on its own behalf.
"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, including agents or employees
specifically employed by or for a charitable organization who solicit
contributions under the direction, supervision, or instruction of a
professional solicitor. The term does not include a charitable
organization, or an officer, a bona fide employee, or a volunteer of a
charitable organization, that solicits on its own behalf.
"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.

Legislative History

As added by P.L.245-1983, SEC.1. Amended by P.L.12-1986, SEC.2; P.L.248-1987, SEC.1; P.L.24-1989, SEC.2; P.L.8-1993, SEC.319; P.L.135-1999, SEC.7; P.L.245-2005, SEC.1.