California Legislature—2013–14 Regular Session

Assembly BillNo. 2077


Introduced by Assembly Member Allen

February 20, 2014


An act to amend Section 17510.2 of the Business and Professions Code, relating to charitable solicitations.

LEGISLATIVE COUNSEL’S DIGEST

AB 2077, as introduced, Allen. Charitable solicitations.

Existing law requires the solicitor or seller of a solicitation for charitable purposes to comply with specified requirements prior to making that solicitation. Existing law defines the term “solicitation for charitable purposes” to mean any request, plea, entreaty, demand, or invitation, or attempt thereof, to give money or property, in connection with which, among other things, any statement is made to the effect that the gift or any part thereof will go to, or be used for, any charitable purpose or organization.

This bill would make a technical, nonsubstantive change to this provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 17510.2 of the Business and Professions
2Code
is amended to read:

3

17510.2.  

(a) As used in this article, “solicitation for charitable
4purposes,” means any request, plea, entreaty, demand, or invitation,
P2    1or attempt thereof, to give money or property, in connection with
2which any of the following applies:

3(1) Any appeal is made for charitable purposes.

4(2) The name of any charity, philanthropic or charitable
5organization is used or referred to in any such appeal as an
6inducement for making any such gift.

7(3) Any statement is made to the effect that the gift or any part
8thereof will go to or be used for any charitable purpose or
9organization.

10(4) The name of any organization of law enforcement personnel,
11firefighters, orbegin insert anyend insert other persons who protect the public safety is
12used or referred to as an inducement for transferring any money
13or property, unless the only expressed or implied purpose of the
14solicitation is for the sole benefit of the actual active membership
15of the organization.

16(b) As used in this article, “sales solicitation for charitable
17purposes” means the sale of, offer to sell, or attempt to sell any
18advertisement, advertising space, book, card, chance, coupon
19device, magazine subscription, membership, merchandise, ticket
20of admission or any other thing or service in connection with which
21any of the following applies:

22(1) Any appeal is made for charitable purposes.

23(2) The name of any charity, philanthropic or charitable
24organization is used or referred to in any such appeal as an
25inducement for making any such sale.

26(3) Any statement is made to the effect that the whole or any
27part of the proceeds from the sale will go to or be used for any
28charitable purpose or organization.

29(4) The name of any organization of law enforcement personnel,
30firefighters, or other persons who protect the public safety is used
31or referred to as an inducement for transferring any money or
32property, unless the only expressed or implied purpose of the sales
33solicitation is for the sole benefit of the actual active membership
34of the organization.

35(c) A solicitation for charitable purposes, or a sale, offer or
36 attempt to sell for charitable purposes, shall include the making
37or disseminating or causing to be made or disseminated before the
38public in this state, in any newspaper or other publication, or any
39advertising device, or by public outcry or proclamation, or in any
40other manner or means whatsoever any such solicitation.

P3    1(d) For purposes of this article, “charity” shall include any
2person who, or any nonprofit community organization, fraternal,
3benevolent, educational, philanthropic, or service organization, or
4governmental employee organization which, solicits or obtains
5contributions solicited from the public for charitable purposes or
6holds any assets for charitable purposes.



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