§ 2471. Definitions
As used in this subchapter:
(1) “Charitable” means related to a charitable purpose.
(2) “Charitable organization” means any organization that is or holds itself out to be
furthering any charitable purpose.
(3) “Charitable purpose” means any benevolent, educational, philanthropic, humane, patriotic,
social welfare, advocacy, public health, environmental conservation, or civic objective
or any objective of law enforcement officers, firefighters, or other persons who protect
the public safety.
(4) “Contribution” means the grant, promise, or pledge of money, credit, financial assistance,
or other goods or services in part or in whole for a charitable purpose.
(5) “Contributor” means a person who makes a contribution.
(6) “Fundraising campaign” means an effort undertaken during a specific time period by
a paid fundraiser to solicit contributions on behalf of a charitable organization.
(7) “Gross receipts” mean all receipts before deduction of any administrative or operating
expenses.
(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 that is in whole or in part dependent
upon the number or value of contributions received.
(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 that 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. (Added 1989, No. 232 (Adj. Sess.), § 2; amended 1991, No. 102.)