§467B-1 Definitions. As used in this chapter, unless the context otherwise requires:
"Charitable fundraising platform" [Definition effective July 1, 2026. L 2025, c 108, §10.] means any person that uses the Internet to provide an internet website, service, or other platform to persons in the State, and performs, permits, or otherwise enables acts of solicitation to occur, which includes the following and any similar activity:
"Charitable fundraising platform" does not include:
"Charitable organization" means:
"Charitable purpose" means:
"Charitable sales promotion" [Definition effective until June 30, 2026. For definition effective July 1, 2026, see below. L 2025, c 108, §10.] 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.
"Charitable sales promotion" [Definition effective July 1, 2026. For definition effective until June 30, 2026, see above. L 2025, c 108, §10.] means an advertising or sales campaign, conducted by a commercial co-venturer, charitable fundraising platform, or platform charity, that represents that the purchase or use of goods or services offered by the commercial co-venturer, charitable fundraising platform, or platform charity will benefit, in whole or in part, a charitable organization or charitable purpose.
"Commercial co-venturer" [Definition effective until June 30, 2026. For definition effective July 1, 2026, see below.] 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.
"Commercial co-venturer" [Definition effective July 1, 2026. For definition effective until June 30, 2026, see above.] 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. A person who meets the definitions of "commercial co-venturer" and "charitable fundraising platform" shall be considered a commercial co-venturer when the acts of solicitation through an internet website, service, or other platform to persons in this State are for six or fewer recipient charitable organizations per calendar year, and the commercial co-venturer complies with section 467B-5.5.
"Contribution" means the promise or grant of any money or property of any kind or value, including the promise to pay, except payments by members of a charitable organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, if membership in the charitable organization confers a bona fide right, privilege, professional standing, honor, or other direct benefit, other than the right to vote, elect officers, or hold offices, and except money or property received from any governmental authority, or a grant or subsidy from any organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code.
"Department" means the department of the attorney general.
"Donor advised fund" [Definition effective July 1, 2026. L 2025, c 108, §10.] shall have the same meaning as in section 4966(d)(2) of the Internal Revenue Code of 1986, as amended.
"Fundraising costs" means those costs incurred in inducing others to make contributions to a charitable organization for which the contributors will receive no direct economic benefit. The term generally includes but is not limited to salaries, rent, the costs of acquiring and maintaining mailing lists, printing, mailing, and all direct and indirect costs of soliciting, as well as the cost of unsolicited merchandise sent to encourage contributions. The term does not include the direct cost of merchandise or goods sold or the direct cost of fundraising dinners, bazaars, shows, circuses, banquets, dinners, theater parties, or any other form of benefit performances.
"Gross receipts" means the total amount of money, contributions, and revenue of any kind received by the charitable organization from all sources, without subtracting any costs or expenses.
"Gross revenue" [Definition effective until June 30, 2026. For definition effective July 1, 2026, see below. L 2025, c 108, §10.] means income of any kind from all sources, including all amounts received as the result of any solicitation by a professional solicitor.
"Gross revenue" [Definition effective July 1, 2026. For definition effective until June 30, 2026, see above. L 2025, c 108, §10.] means income of any kind from all sources, including all amounts received as the result of any solicitation by a professional solicitor, charitable fundraising platform, or platform charity.
"Membership" means membership in a charitable organization that provides services and confers a bona fide right, privilege, professional standing, honor or other direct benefit upon its members, in addition to the right to vote, elect officers or hold offices, upon the payment of fees, dues, assessments, etc. The term does not include those persons who are granted a membership upon making a contribution as a result of solicitation.
"Owner" [Definition effective until June 30, 2026. For definition effective July 1, 2026, see below. L 2025, c 108, §§10, 13.] means any person who has a direct or indirect interest in any professional fundraising counsel or professional solicitor.
"Owner" [Definition effective July 1, 2026. For definition effective until June 30, 2026, see above. L 2025, c 108, §§10, 13.] means any person who has a direct or indirect interest in any professional fundraising counsel or professional solicitor.
"Parent organization" means that part of a charitable organization that coordinates, supervises, or exercises control over policy, fundraising, and expenditures, or assists or advises one or more related foundations, supporting organizations, chapters, branches, or affiliates of such organization in this State.
"Peer-to-peer charitable fundraising" [Definition effective July 1, 2026. L 2025, c 108, §10.] means a solicitation campaign created by a person to support a recipient charitable organization, through or with other assistance provided by a charitable fundraising platform or platform charity.
"Percentage compensation" means any compensation, commission, bonus, award, or remuneration, whether direct, indirect, or otherwise, that is calculated by means of a formula, process, evaluation, or other mechanism that considers the amount of funds to be raised or received.
"Person" means an individual, corporation, limited liability company, association, partnership, trust, foundation, and any other entity, however styled.
"Platform charity" [Definition effective July 1, 2026. L 2025, c 108, §§10, 13.] means a charitable organization that facilitates acts of solicitation on a charitable fundraising platform, which includes either of the following and any similar activity:
"Platform charity" does not include a sponsoring organization of donor advised funds that solicits donors to open donor advised fund accounts or similar accounts, receives recommendations from donors on charitable organizations that may receive grants of funds previously contributed to the sponsoring organization for a donor's donor advised fund account, and the sponsoring organization does not list or reference by name one or more recipient charitable organizations for solicitation purposes on its platform for persons who do not have advisory privileges with respect to the granting of funds in a donor advised fund of the sponsoring organization. A person who meets the definitions of "platform charity" and "charitable fundraising platform" shall be deemed a charitable fundraising platform.
"Professional fund-raising counsel" or "professional fundraising counsel" means any person who, for compensation, plans, conducts, manages, advises, consults, or prepares material for, or with respect to, the solicitation of contributions in this State for a charitable organization, but who actually solicits no contributions as a part of the person's services, and who does not employ, procure, or engage any compensated person to solicit contributions. The term shall not include a bona fide volunteer, salaried officer, or employee of a charitable organization, or a person if the only services performed by the person are to plan, conduct, manage, advise, consult, or prepare grant or subsidy application materials for a charitable organization.
"Professional solicitor" means any person who, for a financial or other consideration, solicits contributions in this State for a charitable organization, or any person with whom the professional solicitor independently contracts to solicit for contributions. A person who is otherwise a professional fundraising counsel shall be deemed a professional solicitor if the person's compensation is related to the amount of contributions received or has custody or control of contributions received. The term does not include a bona fide volunteer. The term includes a salaried officer or employee of a charitable organization if the 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:
"Recipient charitable organization" [Definition effective July 1, 2026. L 2025, c 108, §10.] means a charitable organization that is listed or referenced by name on a charitable fundraising platform or by a platform charity for solicitation purposes.
"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:
A solicitation occurs whether or not the person making the solicitation receives any contribution. However, the term shall not include the submission of a grant or subsidy proposal or application to a governmental authority or any organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code. [L 1969, c 167, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 1990, c 129, §3; am L 1993, c 206, §2; am L 2004, c 93, §3; am L 2006, c 168, §2; am L 2008, c 174, §3; am L 2013, c 61, §1; am L 2016, c 163, §1; am L 2024, c 205, §2; am L 2025, c 108, §3]