As used in this chapter: (1) "Chapter" means a chapter, branch, area, office, or similar affiliate of a charitable organization. (2) (a) "Charitable organization" means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity that: (i) is or claims to be established for any charitable purpose; (ii) solicits or obtains contributions solicited from the public for a charitable purpose; or (iii) employs a charitable appeal as the basis of a charitable solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to a charitable solicitation. (b) "Charitable organization" includes a chapter or a person who solicits contributions within the state for a charitable organization. (c) "Charitable organization" does not include a political organization. (3) "Charitable purpose" means: (a) any benevolent, educational, philanthropic, humane, patriotic, religious, eleemosynary, social welfare or advocacy, public health, environmental, conservation, civic, or other charitable objective; or (b) for the benefit of a public safety, law enforcement, or firefighter fraternal association. (4) "Charitable sales promotion" means an advertising or sales campaign, conducted by a commercial co-venturer, that represents that the purchase or use of goods or services that the commercial co-venturer offers will benefit, in whole or in part, a charitable organization or purpose. (5) (a) "Charitable solicitation" means a person's request, directly or indirectly, for money, credit, property, financial assistance, or another thing of value based on the plea or representation that the person will use the money, credit, property, financial assistance, or any other thing of value for a charitable purpose. (b) "Charitable solicitation" includes: (i) any of the following done, or purporting to be done, for a charitable purpose: (A) an oral or a written request, including a request by telephone, radio, television, or other advertising or communications media; (B) the distribution, circulation, or posting of a handbill, written advertisement, or publication; or (C) an application or other request for a private grant or, if made by an individual, a public grant; (ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which a person makes an appeal for a charitable purpose; (iii) a person's use of the name of a charitable organization or movement as an inducement or reason for making a purchase or donation; or (iv) in connection with a sale or donation, a person stating or implying that the person will give or donate all or a part of the proceeds of a sale or donation to a charitable purpose. (c) "Charitable solicitation" does not include an entity's application or other request for a public grant. (6) "Commercial co-venturer" means a person that for profit regularly and primarily engages in trade or commerce other than in connection with soliciting for a charitable organization or purpose. (7) (a) "Contribution" means the pledge or grant for a charitable purpose of any money or property of any kind, including any of the following: (i) a gift, subscription, loan, advance, or deposit of money or anything of value; (ii) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for charitable purposes; or (iii) fees, dues, or assessments paid by members, when membership is conferred solely as consideration for making a contribution. (b) "Contribution" does not include: (i) money a financial institution loans to a charitable organization in the ordinary course of business; or (ii) fees, dues, or assessments members pay when membership is not conferred solely as consideration for making a contribution. (8) "Contributor" means a donor, pledgor, purchaser, or other person that makes a contribution. (9) "Director" means the director of the division. (10) "Division" means the Division of Consumer Protection established by Section 13-2-101. (11) (a) "Exempt function" means the function of influencing or attempting to influence the selection, nomination, election, or appointment of an individual to a federal, state, or local public office or an office in a political organization, or the election of presidential or vice-presidential electors, regardless of whether the individual or the electors are selected, nominated, elected, or appointed. (b) "Exempt function" includes making an expenditure relating to an office described in Subsection (11)(a) which, if incurred by the individual, would be allowable as a deduction under section 162(a) of 26 I.R.C. Sec. 1.162-20. (12) "Foreign nonprofit corporation" means the same as that term is defined in Section 16-6a-102. (13) "Material fact" means information that an individual of ordinary intelligence and prudence would consider relevant in deciding whether to make a contribution in response to a charitable solicitation. (14) "Nonprofit corporation" means the same as that term is defined in Section 16-6a-102. (15) "Political organization" means an incorporated or unincorporated party, committee, association, fund, or other organization organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures for an exempt function. (16) (a) "Professional fundraiser" means a person that: (i) for compensation or other consideration, for or on behalf of a charitable organization that is a nonprofit corporation, or other person that is not a political organization: (A) solicits a contribution; or (B) promotes or sponsors the charitable solicitation of a contribution; (ii) (A) for compensation or other consideration, plans, manages, consults, or prepares material for, or with respect to, the charitable solicitation of contributions for a charitable organization that is a nonprofit corporation, or other person that is not a political organization; and (B) at any time has custody of a contribution for the charitable organization; (iii) engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization that is a nonprofit corporation; (iv) manages, supervises, or trains any solicitor whether as an employee or otherwise; or (v) uses a vending device or vending device decal for financial or other consideration that implies a charitable solicitation of contributions or donations for a charitable organization or charitable purposes. (b) "Professional fundraiser" does not include: (i) an individual acting in the individual's capacity as a bona fide officer, director, volunteer, or full-time employee of a charitable organization; (ii) an attorney, investment counselor, or banker who, in the conduct of that individual's profession, advises a client regarding legal, investment, or financial advice; (iii) an individual who tangentially prepares materials, including an individual who: (A) makes copies; (B) cuts or folds flyers; or (C) creates a graphic design or other artwork without providing strategic or campaign-related input; or (iv) a political organization. (17) (a) "Professional fundraising consultant" means an individual who: (i) for compensation or other consideration, plans, manages, consults, or prepares material for, or with respect to, the charitable solicitation of contributions for a charitable organization that is a nonprofit corporation or any other person that is not a political organization; (ii) does not solicit contributions; (iii) does not at any time have custody of a contribution from a charitable solicitation; and (iv) does not employ, procure, or engage any compensated person to solicit or receive contributions. (b) "Professional fundraising counsel or consultant" does not include: (i) an individual acting in the individual's capacity as a bona fide officer, director, volunteer, or full-time employee of a charitable organization; (ii) an attorney, investment counselor, or banker who, in the conduct of that person's profession, advises a client regarding legal, investment, or financial advice; or (iii) an individual who tangentially prepares materials, including an individual who: (A) makes copies; (B) cuts or folds flyers; or (C) creates a graphic design or other artwork without providing strategic or campaign-related input. (18) "Public grant" means the same as the term "grant" is defined in Section 63G-6a-103. (19) (a) "Vending device" means a container used by a charitable organization or professional fundraiser, for the purpose of collecting a charitable solicitation, contribution, or donation whether or not the device offers a product or item in return for the contribution or donation. (b) "Vending device" includes machines, boxes, jars, wishing wells, barrels, or any other container. (20) "Vending device decal" means a decal, tag, or similar designation material that is attached to a vending device, regardless of whether a charitable organization or professional fundraiser uses or places the decal, tag, or similar designation material, that would indicate that all or a portion of the proceeds from the purchase of items from the vending device will go to a specific charitable organization. Renumbered and Amended by Chapter 95, 2026 General Session
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