Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2
Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2
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. See Utah Code 13-22-2
Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
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.
organization: means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:
(i)
who is or holds itself out to be:
(A)
a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;
(B)
for the benefit of a public safety, law enforcement, or firefighter fraternal association; or
(C)
established for any charitable purpose;
(ii)
who solicits or obtains contributions solicited from the public for a charitable purpose; or
(iii)
in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation. See Utah Code 13-22-2
for compensation or any other consideration, for or on behalf of a charitable organization or any other person:
(A)
solicits contributions; or
(B)
promotes or sponsors the solicitation of contributions;
(ii)
(A)
for compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person; 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;
(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 solicitation of contributions or donations for any charitable organization or charitable purposes. See Utah Code 13-22-2
Professional fund raising counsel or consultant: means a person who:
(i)
for compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person;
(ii)
does not solicit contributions;
(iii)
does not at any time have custody of a contribution from solicitation; and
(iv)
does not employ, procure, or engage any compensated person to solicit or receive contributions. See Utah Code 13-22-2
solicitation: includes :
(i)
any of the following done, or purporting to be done, for a charitable purpose:
(A)
any oral or written request, including any request by telephone, radio, television, or other advertising or communications media;
(B)
the distribution, circulation, or posting of any handbill, written advertisement, or publication; or
(C)
an application or other request for a a private grant or, if made by an individual, a public grant; or
(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 any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
An organization may not engage in an activity described in Subsection (1)(b) unless the organization is:
registered with the division in accordance with this chapter.
(b)
Unless an organization meets the requirements of Subsection (1)(a), the organization may not knowingly solicit, promote, or sponsor a charitable solicitation if the charitable solicitation:
(i)
originates in Utah;
(ii)
is received in Utah; or
(iii)
is caused to be made through business operations in Utah.
(2)
Subsection (1) does not prohibit an organization from receiving an unsolicited contribution.
(3)
(a)
Unless a person acting as a professional fund raiser obtains a permit in accordance with Section 13-22-9, the person may not:
(i)
make or facilitate a solicitation either directed toward the state or originating from the state; or
(ii)
maintain a place of business in the state or employ an individual located in the state.
(b)
Subsection (3)(a) applies regardless of whether a charitable organization receiving the services of a professional fund raiser is required to register under this chapter.
(4)
(a)
Unless a person acting as a professional fund raising counsel or consultant obtains a permit in accordance with Section 13-22-9, the person may not:
(i)
maintain a place of business in the state or employ an individual located in the state; or
(ii)
provide any service of a professional fund raising counsel or consultant to or for a charitable organization, or any other person, over which the state has general jurisdiction.
(b)
Subsection (4)(a) applies regardless of whether a charitable organization receiving the services of a professional fund raising counsel or consultant is required to register under this chapter.
(5)
A person required to obtain a permit under Subsection (3) or (4) may not provide any service to or on behalf of an organization required to register under Subsection (1) if the organization is not registered in accordance with Section 13-22-6.
