as amended, Frazier. Charitable
begin delete solicitationend delete disclosures.
Existing law requires
begin delete certain disclosures to be madeend delete prior to any solicitation or sales solicitation for charitable begin delete purposes.end delete
This bill would
begin delete make a nonsubstantive change to this provision.end delete
begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
Section 17510.3 of the Business and Professions
8Code is amended to read:
(a) Prior to any solicitation or sales solicitation for
10charitable purposes, the solicitor or seller shall exhibit to the
11prospective donor or purchaser a card entitled “Solicitation or Sale
12for Charitable Purposes Card.” The card shall be signed and dated
13under penalty of perjury by an individual who is a principal, staff
14member, or officer of the soliciting organization. The card shall
15give the name and address of the soliciting organization or the
16person who signed the card and the name and business address of
17the paid individual who is doing the actual soliciting.
18In lieu of exhibiting a card, the solicitor or seller may distribute
19during the course of the solicitation any printed material, such as
20a solicitation brochure, provided the material complies with the
21standards set forth below, and provided that the solicitor or seller
22informs the prospective donor or purchaser that the information
23as required below is contained in the printed material.
24Information on the card or printed material shall be presented
25in at least 10-point type and shall include the following:
26(1) The name and address of the combined campaign, each
27organization, or fund on behalf of which all or any part of the
28money collected will be utilized for charitable purposes.
29(2) If there is no organization or fund, the manner in which the
30money collected will be utilized for charitable purposes.
31(3) The non-tax-exempt status of the organization or fund, if
32the organization or fund for which the money or funds are being
33solicited does not have a charitable tax exemption under both
34federal and state law.
35(4) The percentage of the total gift or purchase price which may
36be deducted as a charitable contribution under both federal and
37state law. If no portion is so deductible the card shall state that
38“This contribution is not tax deductible.”
39(5) If the organization making the solicitation represents any
40nongovernmental organization by any name which includes, but
P5 1is not limited to, the term “officer,” “peace officer,” “police,” “law
2enforcement,” “reserve officer,” “deputy,” “California Highway
3Patrol,” “Highway Patrol,” “deputy sheriff,” “firefighter,” or “fire
4marshall,” which would reasonably be understood to imply that
5the organization is composed of law enforcement or firefighting
6personnel, the solicitor shall give the total number of members in
7the organization and the number of members working or living
8within the county where the solicitation is being made, and if the
9solicitation is for advertising, the statewide circulation of the
10publication in which the solicited ad will appear.
11(6) If the organization making the solicitation represents any
12nongovernmental organization by any name which includes, but
13is not limited to, the term “veteran” or “veterans,” which would
14reasonably be understood to imply that the organization is
15composed of veterans, the solicitor shall give the total number of
16members in the organization and the number of members working
17or living within the county where the solicitation is being made.
18This paragraph does not apply to federally chartered or state
19incorporated veterans’ organizations with 200 or more dues paying
20members or to a thrift store operated or controlled by a federally
21chartered or state incorporated veterans’ organization. This
22paragraph does not apply to any state incorporated
23community-based organization that provides direct services to
24veterans and their families and qualifies as a tax-exempt
25organization under Section 501(c)(3) or 501(c)(19) of the Internal
26Revenue Code and Section 23701d of the Revenue and Taxation
28(b) Knowing and willful noncompliance by any individual
29volunteer who receives no compensation of any type from or in
30connection with a solicitation by any charitable organization shall
31subject the solicitor or seller to the penalties of the law.
32(c) When the solicitation is not a sales solicitation, any
33individual volunteer who receives no compensation of any type
34from, or in connection with, a solicitation by any charitable
35organization may comply with the disclosure provisions by
36providing the name and address of the charitable organization on
37behalf of which all or any part of the money collected will be
38utilized for charitable purposes, by stating the charitable purposes
39for which the solicitation is made, and by stating to the person
40solicited that information about revenues and expenses of the
P6 1organization, including its administration and fundraising costs,
2may be obtained by contacting the organization’s office at the
3address disclosed. The organization shall provide this information
4to the person solicited within seven days after receipt of the request.
5(d) A volunteer who receives no compensation of any type from,
6or in connection with, a solicitation or sales solicitation by a
7charitable organization that has qualified for a tax exemption under
8Section 501(c)(3) of the Internal Revenue Code, and who is 18
9years of age or younger, is not required to make any disclosures
10pursuant to this section.
11(e) If any provision of this section or the application thereof to
12any person or circumstances is held invalid, that invalidity shall
13not affect other provisions or applications of this section that can
14be given effect without the invalid provision or application, and
15to this end the provisions of this section are severable.