§ 9 §5003 — Definitions

As used in this Act, unless the context specifically indicates otherwise, the following words shall have the following meanings.
1.
Charitable organization.
"Charitable organization" means any person or entity, including any person or entity organized in a foreign state, that is or holds itself out to be organized or operated for any charitable purpose and that solicits, accepts or obtains contributions from the public for any charitable purpose and by any means, including, but not limited to, personal contact, telephone, mail, newspaper advertisement, television or radio. Status as a tax-exempt entity does not necessarily qualify that entity as a charitable organization. For purposes of this chapter, an organization established for and serving bona fide religious purposes is not a charitable organization.
2.
Charitable purpose.
"Charitable purpose" means any charitable, benevolent, educational, philanthropic, humane, patriotic or eleemosynary purpose.
3.
Commercial co-venturer.
3-A.
Commissioner.
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:
4-A.
Entity.
"Entity" means any natural person, corporation, partnership, limited liability company, association or any other organization.
4-B.
Department.
4-C.
Free clinic.
"Free clinic" means an incorporated nonprofit health facility that provides health care to persons at no charge.
4-D.
Director.
"Director" means the Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation.
5.
Federated fund-raising organization.
"Federated fund-raising organization" means a federation of independent charitable organizations which have voluntarily joined together, including, but not limited to, a United Fund, United Way or Community Chest, for purposes of raising and distributing money for and among themselves and where membership does not confer operating authority and control of the individual organizations upon the federated fund-raising organization.
5-A.
Independent public accountant.
5-B.
Fund raising.
"Fund raising" means a solicitation to the public for funds, except those solicitations which are made as an integral part of the presentation of program services.
5-C.
Hospital.
"Hospital" means an institution that is engaged primarily in providing inpatient, outpatient or both inpatient and outpatient medical and psychiatric diagnostic and therapeutic services in the care and treatment of injured, disabled, sick or mentally ill persons who are under the supervision of a physician.
5-D.
Management.
"Management" means the overall direction of the organization, general record keeping, business management, budgeting, general board activities and related management functions.
5-E.
Membership.
"Membership" means the relationship of a person to an organization that entitles that person to the privileges, professional standing, honors or other direct benefits of the organization in addition to the right to vote, elect officers and hold office in the organization.
5-F.
Office.
6.
Parent organization.
"Parent organization" means that part of a charitable organization which coordinates, supervises or exercises control over policy, fund-raising and expenditures, or assists or advises one or more chapters, branches or affiliates in the State. A federated fund-raising organization, as defined in this chapter, shall not be considered a parent organization.
7.
Person.
"Person" means any individual, organization, trust, foundation, group, association, partnership, corporation, society or any combination of them.
8.
Principal officer.
"Principal officer" means the president, chair, executive director or other officer or employee responsible for the daily operation of a charitable organization or a professional solicitor.
9.
Professional fund-raising counsel.
10.
Professional solicitor.
"Professional solicitor" means any person or entity that, alone or through its employees or agents, solicits contributions from the public on behalf of a charitable organization in exchange for a fee or other remuneration. "Professional solicitor" does not include a bona fide employee, bona fide salaried officer, attorney, accountant or investment counselor of a charitable organization.
10-A.
Program services.
"Program services" means those activities directly related to the stated charitable purposes of the charitable organization. "Program services" does not mean activities related to fund raising or management.
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.

Legislative History

PL 1977, c. 488, §1 (NEW). PL 1977, c. 654, §1 (AMD). PL 1977, c. 696, §359 (AMD). PL 1979, c. 127, §50 (AMD). PL 1979, c. 678, §§1,2 (AMD). PL 1981, c. 456, §A23 (AMD). PL 1983, c. 277, §§1,2 (AMD). PL 1999, c. 221, §1 (AMD). PL 1999, c. 386, §§A2-7 (AMD). PL 2003, c. 541, §§1-4 (AMD). PL 2005, c. 497, §§2-5 (AMD). PL 2007, c. 402, Pt. A, §2 (AMD). PL 2011, c. 286, Pt. A, §§1, 2 (AMD). PL 2011, c. 286, Pt. B, §5 (REV). PL 2013, c. 60, §1 (NEW). PL 2013, c. 313, §§2-8 (AMD). PL 2013, c. 539, §§2-4 (AMD).