California Legislature—2015–16 Regular Session

Assembly BillNo. 2855


Introduced by Assembly Member Frazier

February 19, 2016


An act to amend Section 17510.3 of the Business and Professions Code, relating to charitable solicitations.

LEGISLATIVE COUNSEL’S DIGEST

AB 2855, as introduced, Frazier. Charitable solicitation disclosures.

Existing law requires certain disclosures to be made prior to any solicitation or sales solicitation for charitable purposes.

This bill would make a 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 17510.3 of the Business and Professions
2Code
is amended to read:

3

17510.3.  

(a) Prior to any solicitation or sales solicitation for
4charitable purposes, the solicitor or seller shall exhibit to the
5prospective donor or purchaser a card entitled “Solicitation or Sale
6for Charitable Purposes Card.” The card shall be signed and dated
7under penalty of perjury by an individual who is a principal, staff
8member, or officer of the soliciting organization. The card shall
9give the name and address of the soliciting organization or the
10person who signed the card and the name and business address of
11the paid individual who is doing the actual soliciting.

P2    1In lieu of exhibiting a card, the solicitor or seller may distribute
2during the course of the solicitation any printed material, such as
3a solicitation brochure, provided the material complies with the
4standards set forth below, and provided that the solicitor or seller
5informs the prospective donor or purchaser that the information
6as required below is contained in the printed material.

7Information on the card or printed material shall be presented
8in at least 10-point type and shall include the following:

9(1) The name and address of the combined campaign, each
10organization, or fund on behalf of which all or any part of the
11money collected will be utilized for charitable purposes.

12(2) If there is no organization or fund, the manner in which the
13money collected will be utilized for charitable purposes.

14(3) The non-tax-exempt status of the organization or fund, if
15the organization or fund for which the money or funds are being
16solicited does not have a charitable tax exemption under both
17federal and state law.

18(4) The percentage of the total gift or purchase price which may
19be deducted as a charitable contribution under both federal and
20state law. If no portion is so deductible the card shall state that
21“This contribution is not tax deductible.”

22(5) If the organization making the solicitation represents any
23nongovernmental organization by any name which includes, but
24is not limited to, the term “officer,” “peace officer,” “police,” “law
25enforcement,” “reserve officer,” “deputy,” “California Highway
26Patrol,” “Highway Patrol,” “deputy sheriff,” “firefighter,” or “fire
27marshall,” which would reasonably be understood to imply that
28the organization is composed of law enforcement or firefighting
29personnel, the solicitor shall give the total number of members in
30the organization and the number of members working or living
31within the county where the solicitation is being made, and if the
32solicitation is for advertising, the statewide circulation of the
33publication in which the solicited ad will appear.

34(6) If the organization making the solicitation represents any
35nongovernmental organization by any name which includes, but
36is not limited to, the term “veteran” or “veterans,” which would
37reasonably be understood to imply that the organization is
38composed of veterans, the solicitor shall give the total number of
39members in the organization and the number of members working
40or living within the county where the solicitation is being made.
P3    1This paragraph does not apply to federally chartered or state
2incorporated veterans’ organizations with 200 or more dues paying
3members or to a thrift store operated or controlled by a federally
4chartered or state incorporated veterans’ organization. This
5paragraph does not apply to any state incorporated
6community-based organization that provides direct services to
7veterans and their families and qualifies as a tax-exempt
8organization under Section 501(c)(3) or 501(c)(19) of the Internal
9Revenue Code and Section 23701d of the Revenue and Taxation
10Code.

11(b) Knowing and willful noncompliance by any individual
12volunteer who receives no compensation of any type from or in
13connection with a solicitation by any charitable organization shall
14subject the solicitor or seller to the penalties of the law.

15(c) When the solicitation is not a sales solicitation, any
16individual volunteer who receives no compensation of any type
17from, or in connection with, a solicitation by any charitable
18organization may comply with the disclosure provisions by
19providing the name and address of the charitable organization on
20behalf of which all or any part of the money collected will be
21utilized for charitable purposes, by stating the charitable purposes
22for which the solicitation is made, and by stating to the person
23solicited that information about revenues and expenses of the
24organization, including its administration and fundraising costs,
25may be obtained by contacting the organization’s office at the
26address disclosed. The organization shall provide this information
27to the person solicited within seven days after receipt of the request.

28(d) A volunteer who receives no compensation of any type from,
29or in connection with, a solicitation or sales solicitation by a
30charitable organizationbegin delete whichend deletebegin insert thatend insert has qualified for a tax exemption
31under Section 501(c)(3) of the Internal Revenuebegin delete Code of 1954,end delete
32begin insert Code,end insert and who is 18 years of age or younger, is not required to
33make any disclosures pursuant to this section.

34(e) If any provision of this section or the application thereof to
35any person or circumstances is held invalid, that invalidity shall
36not affect other provisions or applications of this sectionbegin delete whichend delete
37begin insert thatend insert can be given effect without the invalid provision or application,
38and to this end the provisions of this section are severable.



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