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The Vermont Statutes Online
Title
09
:
Commerce and Trade
Chapter
063
:
CONSUMER PROTECTION
Subchapter
002
:
CHARITABLE SOLICITATIONS
§
2471. Definitions
As used in this
subchapter:
(1)
"Charitable" means related to a charitable purpose.
(2)
"Charitable organization" means any organization which 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 which 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 which 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.)
