NY Exec L § 171-A (2021)
2021 New York Laws EXC - Executive Article 7-A - Solicitation and Collection of Funds for Charitable Purposes 171-A - Definitions.

§ 171-a. Definitions.  The following words and phrases as used in this   article shall have the following meanings unless a different meaning  is   required  by the context. 1. "Charitable organizations." Any benevolent,   philanthropic, patriotic, or eleemosynary person or one purporting to be   such or law enforcement support organization as defined  in  subdivision   eleven of this section.2.  "Contribution."  The  promise or grant of any money or property of   any kind or value, whether or not in combination with the sale of goods,   services, entertainment or any other thing of value, including  a  grant   or  other  financial  assistance  from  any agency of government, except   payments by members of any organization for membership, for services  or   other  benefit,  other than the right to vote for directors or trustees,   elect officers, or hold offices.3.  "Person."  Any  individual,  organization,   group,   association,   partnership, corporation, or any combination of them.4.  "Professional fund raiser." Any person who directly or indirectly,   by contract, including but not limited to sub-contract, letter or  other   agreement  or  other  engagement on any basis, for compensation or other   consideration (a) plans, manages, conducts, carries on,  or  assists  in   connection  with  a  charitable solicitation or who employs or otherwise   engages on any basis another person to  solicit  from  persons  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  on  behalf  of  a  charitable   organization  or  any  other  person;  or  (c)  who  advertises that the   purchase or use of goods, services, entertainment or any other thing  of   value  will  benefit  a  charitable organization but is not a commercial   co-venturer. A  bona  fide  director,  trustee,  officer,  volunteer  or   employee  of a charitable organization or fund raising counsel shall not   be deemed a professional fund raiser.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.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.7. "Secretary." The secretary of state.8.  "Membership."  The  collective body of any charitable organization   comprised  of  persons  having  voting  rights  and  other   powers   of   governance.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   or an individual engaged solely to draft applications for funding from a   governmental  agency  or  an  entity  exempt  from  taxation pursuant to   section 501(c)(3) of the internal revenue code, shall not  be  deemed  a   fund raising counsel. 10.  "Solicit."  To  directly  or  indirectly  make  a  request  for a   contribution,  whether  express  or  implied,  through  any  medium.   A   "solicitation"  shall  be  deemed  to  have taken place whether or not a   contribution is made. 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  printing  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 printed and mailed such solicitation if such persons   do not otherwise solicit, receive or have access to contributions.11.  "Law  enforcement  support   organization."   Any   organization,   association,  union  or  conference of or purporting to be of current or   former law enforcement officers, including,  without  limitation,  peace   officers and police officers as defined in subdivisions thirty-three and   thirty-four  of  section  1.20  of the criminal procedure law, sheriffs,   deputy  sheriffs,  detectives,  investigators  or  constables   or   any   auxiliary  or  affiliate  of such an organization, association, union or   conference composed of one or more such organizations.12. "Attorney general". The attorney general of the state of New York.