Terms Used In Rhode Island General Laws > Chapter 5-53.1 - Solicitation by Charitable Organizations

• Active: means a solar renewable energy system that uses mechanical parts to collect, store, and move heat;

  (2)  "Applicant" means a party who files a Rhode Island tax return and applies for a residential alternative energy device tax credit under this section;

  (3)  "Application form" means the form that goes to the state energy office that will determine if systems meet the requirements for this tax credit;

  (4)  "Array" means any number of photovoltaic modules connected together electrically to provide a single electrical output;

  (5)  "BTU" means British thermal unit;

  (6)  "Consumer disclosure" means a form provided by the state energy office describing the renewable energy system. See Rhode Island General Laws 44-57-2

• Administrator: means the tax administrator. See Rhode Island General Laws 44-51-2
• Administrator: means the tax administrator. See Rhode Island General Laws 44-52-2
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• amount expended: means the actual sums of money spent, or the cost or other basis for federal tax purposes of real or tangible personal property donated or dedicated to the establishment of a child day care center. See Rhode Island General Laws 44-47-2
• Amount expended: means the actual sum of money spent. See Rhode Island General Laws 44-54-1
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assessment: means the assessment imposed upon gross patient revenue pursuant to this chapter. See Rhode Island General Laws 44-51-2
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beverage: means all non-alcoholic drinks for human consumption, except milk but including beer and other malt beverages. See Rhode Island General Laws 44-44-2
• Beverage container: means any sealable bottle, can, jar, or carton which contains a beverage. See Rhode Island General Laws 44-44-2
• Beverage retailer: means any person who engages in the sale of a beverage container to a consumer within the state of Rhode Island, including any operator of a vending machine. See Rhode Island General Laws 44-44-2
• Beverage wholesaler: means any person who engages in the sale of beverage containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who engages in those sales. See Rhode Island General Laws 44-44-2
• Business: means an applicant that is a corporation, state bank, federal savings bank, trust company, national banking association, bank holding company, loan and investment company, mutual savings bank, credit union, building and loan association, insurance company, investment company, broker-dealer company or surety company, limited liability company, partnership or sole proprietorship. See Rhode Island General Laws 44-48.3-3
• Case: means :

  (i)  Forty-eight (48) beverage containers sold or offered for sale within this state when each beverage container has a liquid capacity of seven (7) fluid ounces or less;

  (ii)  Twenty-four (24) beverage containers sold or offered for sale within this state when each beverage container has a liquid capacity in excess of seven (7) fluid ounces but less than or equal to sixteen and nine tenths (16. See Rhode Island General Laws 44-44-2

• Charitable organization: means any organization soliciting for a charitable purpose or any organization holding themselves out as such. See Rhode Island General Laws 5-53.1-1
• Charitable purpose: means , but is not limited to, any benevolent, educational, humane, patriotic, social service, civic, philanthropic, scientific, literary, or eleemosynary purpose. See Rhode Island General Laws 5-53.1-1
• Commerce corporation: means the Rhode Island commerce corporation established pursuant to chapter 64 of Title 42. See Rhode Island General Laws 44-48.3-3
• Commitment period: means the period of time that at a minimum is twenty percent (20%) greater than the eligibility period. See Rhode Island General Laws 44-48.3-3
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: means any person who purchases a beverage in a beverage container for use or consumption with no intent to resell that filled beverage container. See Rhode Island General Laws 44-44-2
• Consumer information: means literature that is provided by the state energy office to contractors, solar dealers, and consumers informing them about the tax credit contained in this chapter and general consumer information;

  (8)  "Contractor" means a person or company who sells and/or installs renewable energy systems;

  (9)  "Contractors' certification" means a contractor system certification issued by the state energy office to a contractor for a specific renewable energy system. See Rhode Island General Laws 44-57-2

• Contract: A legal written agreement that becomes binding when signed.
• Contribution: means the promise or grant of any money, property, or anything of value obtained through solicitation, except payments by members of any organization for fees, dues, fines, assessments, or for services rendered to individual members. See Rhode Island General Laws 5-53.1-1
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of business regulation. See Rhode Island General Laws 5-53.1-1
• Dependent: A person dependent for support upon another.
• Director: means the director of the Rhode Island state energy office or the director's representative;

  (12)  "Domestic water heating" means the heating of water used in a dwelling for bathing, clothes washing, dishwashing, and other related functions;

  (13)  "Dwelling" means real property inhabited as a principal or secondary residence and located within this state. See Rhode Island General Laws 44-57-2

• Director: means the director of the department. See Rhode Island General Laws 5-53.1-1
• Donor: The person who makes a gift.
• Dwelling: includes , but is not limited to, an individual unit within multiple unit residential housing. See Rhode Island General Laws 44-57-2
• Eligibility period: means the period in which a business may claim a tax credit under the program, beginning at the end of the tax period in which the commerce corporation issues a certification for the business that it has met the employment requirements of the program and extending thereafter for a term of not more than ten (10) years. See Rhode Island General Laws 44-48.3-3
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employer: means a person, corporation, partnership, estate, or trust subject to the provisions of § 44-30-71. See Rhode Island General Laws 44-46-2
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal or state laws protecting the rights of persons with disabilities: includes but is not limited to the: Americans with Disabilities Act of 1990, 42 U. See Rhode Island General Laws 44-54-1
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Full-time employee: means a person who is employed by a business for consideration for at least thirty-five (35) hours a week, or who is employed by a professional employer organization pursuant to an employee leasing agreement between the business and the professional employer organization for at least thirty-five (35) hours a week, and whose wages are subject to withholding. See Rhode Island General Laws 44-48.3-3
• full-time job: means a full-time position in a business which has been filled with a full-time employee who earns no less than the median hourly wage as reported by the United States Bureau of Labor Statistics for the state of Rhode Island, provided, that for economically fragile industries such as manufacturing, the commerce corporation may reduce the wage threshold. See Rhode Island General Laws 44-48.3-3
• Fundraising counsel: means any person who for compensation consults with a charitable organization or who plans, manages, advises, or assists with respect to the solicitation of contributions for or on behalf of a charitable organization, but who does not have access to contributions or other receipts from a solicitation and who does not solicit. See Rhode Island General Laws 5-53.1-1
• Gross patient revenue: means the gross amount received on a cash basis by the provider from all patient care services. See Rhode Island General Laws 44-51-2
• Gross patient revenue: means the gross amount received on a cash basis by the provider from all patient care or laboratory services and other gross operating income. See Rhode Island General Laws 44-52-2
• Gross receipts: means those receipts reported for each location to the tax administrator included in the measure of tax imposed under chapter 18 of this title, as amended. See Rhode Island General Laws 44-44-2
• Hard-to-dispose material: is a s defined in § 37-15. See Rhode Island General Laws 44-44-2
• Hard-to-dispose material retailer: means any person who engages in the retail sale of hard-to-dispose material (as defined in § 37-15. See Rhode Island General Laws 44-44-2
• Hard-to-dispose material wholesaler: means any person, wherever located, who engages in the sale of hard-to-dispose material (as defined in § 37-15. See Rhode Island General Laws 44-44-2
• Hope community: means municipalities with a percentage of families below the poverty level that is greater than the percentage of families below the poverty level for the state as a whole as determined by the United States Census Bureau's most recent American Community Survey. See Rhode Island General Laws 44-48.3-3
• Hybrid: means a renewable energy system that uses some active and passive elements as part of the system;

  (16)  "Installing contractor" means the contractor or subcontractor who actually installs the renewable energy system. See Rhode Island General Laws 44-57-2

• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Incentive agreement: means the contract between the business and the commerce corporation, which sets forth the terms and conditions under which the business shall be eligible to receive the incentives authorized pursuant to the program. See Rhode Island General Laws 44-48.3-3
• Incentive effective date: means the date the commerce corporation issues a certification for issuance of tax credit based on documentation submitted by a business pursuant to § 44-48. See Rhode Island General Laws 44-48.3-3
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Inverter: means the device used to convert direct current (DC) to alternating current (AC) in a photovoltaic system;

  (18)  "kWh" means kilowatt-hour; one kWh = 3,413 BTUs;

  (19)  "Module" means the smallest non-divisible self-contained physical structure housing interconnected photovoltaic cells and providing a single DC electrical output;

  (20)  "MM" means million;

  (21)  "Net cost" means what the applicant paid to purchase the renewable energy system. See Rhode Island General Laws 44-57-2

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Levy: as used in this chapter , includes the power of distraint and seizure by any means. See Rhode Island General Laws 44-53-2
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Membership: means the collective body of any charitable organization comprised of persons having voting rights and other powers of governance and who derive a direct benefit or privilege as a member thereof. See Rhode Island General Laws 5-53.1-1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• New full-time job: means an eligible position created by the business that did not previously exist in this state and which is created after approval of an application to the commerce corporation under the program. See Rhode Island General Laws 44-48.3-3
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Paid employment: means a period of time during which an employee has been hired by a business and is receiving wages for his or her services. See Rhode Island General Laws 44-46-2
• Partnership: means an entity classified as a partnership for federal income tax purposes. See Rhode Island General Laws 44-48.3-3
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any natural person, corporation, partnership, joint venture, association, proprietorship, firm, or other business entity. See Rhode Island General Laws 44-44-2
• Person: means any individual, corporation, company, association, partnership, joint stock association, and the legal successor thereof. See Rhode Island General Laws 44-51-2
• Person: means any individual, corporation, company, association, partnership, joint stock association, and the legal successor thereof. See Rhode Island General Laws 44-52-2
• Person: means and shall include any individual, organization, group, association, partnership, corporation, trust, limited-liability company, and combination of the foregoing, however formed, as well as any and all other entities, however formed. See Rhode Island General Laws 5-53.1-1
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Prior calendar year: means the period beginning with January 1 and ending with December 31 immediately preceding the permit application due date. See Rhode Island General Laws 44-44-2
• Professional fundraiser: means any person who directly or indirectly for compensation or other consideration plans, manages, conducts, carries on, or assists in connection with a solicitation for charitable purposes or individually solicits or who or that employs or otherwise engages on any basis another person to solicit for or on behalf of any charitable organization, or who or that engages in the business of, or holds himself, herself, or itself out to persons as independently engaged in the business of soliciting for the charitable purpose. See Rhode Island General Laws 5-53.1-1
• Professional solicitor: means any person who is employed or retained for compensation by a professional fundraiser to solicit contributions for charitable purposes. See Rhode Island General Laws 5-53.1-1
• Program: means the incentive program established pursuant to this chapter. See Rhode Island General Laws 44-48.3-3
• Provider: means a licensed facility or operator, including a government facility or operator, subject to an assessment under this chapter. See Rhode Island General Laws 44-51-2
• Provider: means a licensed facility or operator, including a government facility or operator, subject to a provider assessment under this chapter. See Rhode Island General Laws 44-52-2
• Provider assessment: means the assessment imposed upon gross patient revenue pursuant to this chapter. See Rhode Island General Laws 44-52-2
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Senior-level executive employee: means any employee of a charitable organization whose compensation is in excess of the amount specified as requiring disclosure on United States Internal Revenue Service Form 990 (or the appropriate successor form by whatever name or number it may be called or designated). See Rhode Island General Laws 5-53.1-1
• solicitation: means to appeal or request, directly or indirectly, whether express or implied, for money, credit, property, financial assistance, or any other thing of value by means of mail, personal contact, written material, radio, telephone, television, news media, magazines or other periodicals, or any other means of plea or representation that the money, credit, property, financial assistance, or other thing of value will be used for a charitable purpose. See Rhode Island General Laws 5-53.1-1
• State energy office: means the Rhode Island state energy office, also known as the governor's office of energy assistance, within the department of administration;

  (28)  "System approval" means an approval given to renewable energy systems that meet all of the requirements of the state energy office;

  (29)  "System certification" means certification that a renewable energy system as described in the application meets criteria for the tax credit;

  (30)  "Used equipment" means any solar tank or collector which previously has been installed or any piece of equipment not under current manufacturers' warranty;

  (31)  "Verification form" means a form filed with the division of taxation (upon request) by an applicant claiming eligibility for the tax credit. See Rhode Island General Laws 44-57-2

• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Targeted industry: means any industry identified in the economic development vision and policy promulgated under § 42-64. See Rhode Island General Laws 44-48.3-3
• tax administrator: means the tax administrator within the department of revenue as provided for in § 44-1-1. See Rhode Island General Laws 44-58-3
• Taxpayer: means a business granted a tax credit under this chapter or such person entitled to the tax credit because the business is a pass through entity such as a partnership, S corporation, sole proprietorship or limited liability company taxed as a partnership. See Rhode Island General Laws 44-48.3-3
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• Transit oriented development area: means an area in proximity to mass-transit infrastructure including, but not limited to, an airport, rail or intermodal facility that will be further defined by regulation of the commerce corporation in consultation with the Rhode Island department of transportation. See Rhode Island General Laws 44-48.3-3
• Trustee: A person or institution holding and administering property in trust.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Vending machine: means a self-contained automatic device that dispenses for sale foods, beverages, or confection products. See Rhode Island General Laws 44-44-2
• Watt: means the electrical unit of power or rate of doing work. See Rhode Island General Laws 44-57-2
• Wind energy system: means a system that produces electricity through the use of wind generators or wind turbines. See Rhode Island General Laws 44-57-2
• worksite-based: means a physical location in this state at which the taxpayer conducts his or her normal trade or business and "non-worksite" means other than "worksite-based". See Rhode Island General Laws 44-46-2