N.M. Code R. § 1.5.22.7 – Definitions

A. "Agency" means any unit of state government including, but not limited to boards, commissions, bureaus, agencies, councils, divisions and departments.
B. "Agency head" means the person having the highest authority within an agency or his designee.
C. "Charitable Organizations and Solicitations Act" (the Act") means Sections 57-22-1 through 57-22-11 NMSA 1978.
D. "Charitable purpose" means any purpose for which a charitable organization has been established to directly promote the well-being of the public at large or the benefit of an indefinite number of persons and may not result in any profit to the non-profit organization.
E. "Director" means the director of the property control division of the general services department or his designee.
F. "Division" means the property control division of the general services department.
G. "Non-profit organizations" for purposes of this regulation, means all individuals and organizations, whether incorporated or not, that conduct activities for charitable purposes.
H. "Premises" means the real property under the control of the division and all improvements and structures thereon. Premises include all real property leased pursuant to Section 15-3-2 A (5) NMSA 1978.
I. "Professional fundraiser" means any individual, corporation, association, or other entity who for financial or other consideration, solicits contributions for, or on behalf of, a charitable organization, either personally or through agents or employees specifically employed for that purpose. The following shall not be deemed to be a professional fundraiser by reason of the activities listed:
(1) an attorney, investment counselor, or banker, who advises any person to make a contribution to a charitable organization, if he does not otherwise perform the functions of a professional fundraiser; or
(2) a bona fide salaried officer or employee of a charitable organization which maintains a permanent office in the state.
J. "Sales" means the act of selling of any product and/or service where such activity is not conducted by or on behalf of the state of New Mexico or any of its subdivisions. Sales include, but are not limited to, selling by vending machines, temporary and permanent concession stands as well as selling by those walking through or driving onto division premises with products and/or services for sale or lease.
K. "Solicitation" means any request or appeal, either written or oral, or any endeavor to obtain, seek or plead for funds, property, financial assistance or other thing of value, including the promose [sic] or grant of any money or property of any kind or value for a charitable purpose.
[Recompiled 11/30/01]