Oklahoma § 18-552.2 - Definitions

§ 18-552.2. Definitions

As used in the Oklahoma Solicitation of Charitable Contributions

Act:

1. "Person" means any individual, organization, group,

association, partnership, corporation, limited liability company,

trust, or other entity, except as otherwise provided in Section

552.1 et seq. of this title;

2. "Charitable organization" means any person soliciting

contributions in this state, other than a natural person, that is

described in Section 501(c) of Title 26 of the United States Code,

that solicits contributions as described in this act and that is

organized and operated primarily for religious, charitable,

scientific, literary, educational, artistic, cultural, economic

development, civic improvement, testing for public safety, research,

humanitarian, animal welfare, recreational, or environmental

protection purposes; to foster national or international amateur

sports competition, but only if no part of its activities involves

the provision of athletic facilities or equipment; to prevent

cruelty to children, the elderly, identified populations, or

animals; to relieve poverty, hunger, or homelessness; to support law

enforcement or citizen protection organizations or agencies; or to

provide emergency relief. "Charitable organization" shall also

include a natural person representing himself or herself as a

charitable organization or purporting to act on behalf of a

charitable organization;

Oklahoma Statutes - Title 18. Corporations

3. "Contribution" means the promise, gift, donation, payment,

pledge, or grant of any money or property of any kind or value,

including any contribution for operations, capital, endowment,

reserves, dues, memberships, program support, naming opportunities,

or other uses. Contribution does not include a payment for goods,

services, admission to a museum, performances or programs sold or

provided by a charitable organization, if the payment does not

exceed the bona fide fair market value of the goods or services

provided;

4. "Professional fundraiser" means any person who for

compensation or other consideration plans, conducts or manages in

this state the solicitation of contributions for or on behalf of any

charitable organization, or who engages in the business of or holds

himself or herself out to persons in this state as independently

engaged in the business of soliciting contributions for such

purpose. For purposes of this act, professional fundraiser does not

include an employee of a charitable organization who engages in such

activities for the charitable organization for which he or she is

employed; nor does it include any volunteer who receives no payment,

compensation, or remuneration of any kind for soliciting any

contributions; provided, a volunteer may receive credit for

fulfilling any community service requirement of an educational

institution or government agency. In addition, for this purpose

consideration does not include incidental benefits that might be

received by a noncompensated person, such as meals, supplies, or

similar support, and does not include reimbursement for expenses

incurred by any noncompensated person in his or her solicitation

activities;

5. "Professional solicitor" means any person that is either

located within this state or that is soliciting contributions from

any person in this state and who is employed or retained for

compensation or other consideration by a professional fundraiser to

solicit contributions for or on behalf of any charitable

organization. Professional solicitor does not include an employee

of a charitable organization who is engaged in such activities for

the charitable organization for which he or she is employed; nor

does it include a volunteer who engages in such activities for the

charitable organization for which he or she volunteers if the

volunteer receives no payment, compensation or remuneration of any

kind for soliciting any contributions; provided, a volunteer may

receive credit for fulfilling any community service requirement of

an educational institution or government agency. In addition, for

this purpose consideration does not include incidental benefits that

might be received by a noncompensated person, such as meals,

supplies, or similar support, and does not include reimbursement for

expenses incurred by any noncompensated person in his or her

solicitation activities;

Oklahoma Statutes - Title 18. Corporations

6. "Professional fundraising counsel" means any person that

provides, for compensation or other consideration, services,

including planning, organizing or managing any solicitation, to a

charitable organization, as long as such person does not:

a. directly or indirectly solicit contributions alone or

through its employees and agents, or

b. accept, receive, hold, have access to, maintain,

manage, invest, or control any contribution generated

by the solicitation activity.

However, professional fundraising counsel does not include an

employee or volunteer of a charitable organization who is providing

such services on behalf of the charitable organization;

7. "Solicitation" means the request or appeal for any

contribution on the plea or representation that such contribution

will be used by or on behalf of a charitable organization; and

8. "Form 990" means a return of an organization that is exempt

from federal income tax. Form 990, includes, but is not limited to,

Form 990, Form 990-N, Form 990-PF, and other similar returns as

required by federal law.

Added by Laws 1959, p. 88, § 2, emerg. eff. May 8, 1959. Amended by

Laws 1978, c. 244, § 1, eff. July 1, 1978; Laws 1983, c. 100, § 10,

emerg. eff. May 9, 1983; Laws 1999, c. 421, § 1, eff. Nov. 1, 1999;

Laws 2010, c. 460, § 2, eff. July 1, 2011; Laws 2019, c. 281, § 1,

eff. Nov. 1, 2019.