Section 172-A. Certain persons exempted  


Latest version.
  • 1. This article shall not apply to
      corporations organized under the religious corporations law,  and  other
      religious  agencies  and  organizations,  and  charities,  agencies, and
      organizations operated, supervised, or controlled by  or  in  connection
      with a religious organization.
        2.  The  following  persons shall not be required to register with the
      attorney general:
        (a)  An  educational  institution  confining   its   solicitation   of
      contributions  to  its  student  body, alumni, faculty and trustees, and
      their families.
        (b) Fraternal, patriotic,  social,  alumni,  law  enforcement  support
      organizations  and  historical societies chartered by the New York state
      board of regents when solicitation of contributions is confined to their
      membership.
        (c) Persons  requesting  any  contributions  for  the  relief  of  any
      individual, specified by name at the time of the solicitation, if all of
      the contributions collected, without any deductions whatsoever, are paid
      to   or  for  the  benefit  of  the  named  beneficiary.  Prior  to  the
      commencement of any such solicitation, the principal  person  requesting
      contributions may file with the attorney general a form, provided by the
      attorney general, which shall read as follows:
     
               CHARITABLE SOLICITATION FOR THE RELIEF OF AN INDIVIDUAL
     
       ______________________________________________________________________
          NAME AND ADDRESS OF THE PRINCIPAL PERSON REQUESTING CONTRIBUTIONS
     
       ______________________________________________________________________
                             PURPOSE OF THE SOLICITATION
     
       ______________________________________________________________________
               NAME AND ADDRESS OF THE PRIMARY INDIVIDUAL BENEFICIARY
     
       ______________________________________________________________________
                 NAME AND ADDRESS OF SECONDARY BENEFICIARY (IF ANY)
                   LIST NO MORE THAN THREE SECONDARY BENEFICIARIES
     
      The   principal  person  requesting  contributions  may,  on  such  form
      designate up to three secondary individuals or charitable  organizations
      as  charitable beneficiaries who shall be entitled to such contributions
      in  the  event  circumstances  change   rendering   it   impossible   or
      impracticable  to  use any or all of the money collected for the primary
      beneficiary. The designation of  one  or  more  secondary  beneficiaries
      shall  be  ineffective unless such form has been filed with the attorney
      general and all persons requesting contributions shall have informed any
      person solicited at the time of any solicitation of such filing. In  the
      event that it is or may be impossible or impracticable to use any or all
      of  the  money collected for the benefit of the primary beneficiary, and
      (i) no secondary beneficiary has been properly  designated  pursuant  to
      this  paragraph,  or  (ii)  no  secondary  beneficiary  exists, then the
      attorney general, the primary beneficiary, or any person  who  requested
      contributions  may petition the supreme court, on notice to the attorney
      general, the primary beneficiary if living, any secondary beneficiaries,
      and the principal person who requested the contributions  for  an  order
      directing that any moneys remaining shall be transferred to a charitable
      organization with purposes similar to those for which such contributions
      were  collected. In the event that money collected for the relief of any
      individual, without any deductions whatsoever, is paid  to  or  for  the
    
      benefit  of  the  primary  beneficiary within sixty days of its receipt,
      then all requirements of this paragraph shall be  deemed  to  have  been
      complied  with.  For  the  purposes of this section, the term "principal
      person  requesting  the  contributions"  shall  mean  any  person who is
      primarily  responsible  for  soliciting  funds  for  the  relief  of  an
      individual, but shall not include any person who solicits funds when all
      such  funds  are  subsequently  transferred  over  to a principal person
      requesting contributions.
        (d) Any charitable  organization  which  solicits  or  receives  gross
      contributions  of less than twenty-five thousand dollars during a fiscal
      year of such organization, provided none of its fund raising is  carried
      on by professional fund raisers or fund raising counsel. However, if the
      gross  contributions received by such charitable organization during any
      fiscal year of such organization  shall  be  in  excess  of  twenty-five
      thousand  dollars,  it  shall within thirty days after the date it shall
      have received gross contributions  in  excess  of  twenty-five  thousand
      dollars  register  with  the attorney general as required by section one
      hundred seventy-two of this article.
        (e)  Any  charitable  organization  receiving  an  allocation  from  a
      federated  fund, incorporated community appeal or a united way, provided
      such fund, appeal or united way is complying with the provisions of this
      article relating to registration and filing of  financial  reports  with
      the  attorney  general, and provided such organization does not receive,
      in addition  to  such  allocation,  gross  contributions  in  excess  of
      twenty-five  thousand  dollars  during  the  fiscal  year,  and provided
      further that all the fund-raising functions of  such  organizations  are
      carried  on by persons who are unpaid for such services. However, if the
      gross  contributions  other  than  such  allocation  received  by   such
      charitable  organization  during  any  fiscal  year of such organization
      shall be in excess of twenty-five  thousand  dollars,  it  shall  within
      thirty  days after the date it shall have received such contributions in
      excess of  twenty-five  thousand  dollars  register  with  the  attorney
      general as required by section one hundred seventy-two of this article.
        (f)  A local post, camp, chapter or similarly designated element, or a
      county unit of such elements, of  a  bona  fide  veterans'  organization
      which  issues  charters  to such local elements throughout this state, a
      bona fide organization of volunteer firemen, an  organization  providing
      volunteer ambulance service (as defined in section three thousand one of
      the  public  health  law)  or a bona fide auxiliary or affiliate of such
      organizations, provided all its fund-raising activities are  carried  on
      by  members  of  such  an  organization or an affiliate thereof and such
      members receive no compensation, directly or indirectly, therefor.
        (g) An educational institution which files  annual  financial  reports
      with  the regents of the university of the state of New York as required
      by the education law or with an agency having  similar  jurisdiction  in
      another  state  or  a  library  which  files annual financial reports as
      required by the state education department.
        (h) A charitable organization which receives all or substantially  all
      of  its  funds from a single governmental agency and reports annually to
      that  agency  provided  such  reports  contain   financial   information
      substantially  similar in content to that required by subdivision one of
      section one hundred seventy-two-b of this  article;  provided,  however,
      that  such  organization  may  receive no more than twenty-five thousand
      dollars from sources other  than  the  government  agency  to  which  it
      reports.
        (i)  Any police department, sheriff's department or other governmental
      law enforcement agency.
    
        (j) The state parent teachers  association  and  any  parent  teachers
      association  affiliated  with an educational institution that is subject
      to the jurisdiction of the state education department.