Bill Text: CA AB2855 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Charitable solicitations: financial disclosures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2855 Detail]

Download: California-2015-AB2855-Introduced.html

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BILL NUMBER: AB 2855	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 17510.3 of the Business and Professions Code is
amended to read:
   17510.3.  (a) Prior to any solicitation or sales solicitation for
charitable purposes, the solicitor or seller shall exhibit to the
prospective donor or purchaser a card entitled "Solicitation or Sale
for Charitable Purposes Card." The card shall be signed and dated
under penalty of perjury by an individual who is a principal, staff
member, or officer of the soliciting organization. The card shall
give the name and address of the soliciting organization or the
person who signed the card and the name and business address of the
paid individual who is doing the actual soliciting.
   In lieu of exhibiting a card, the solicitor or seller may
distribute during the course of the solicitation any printed
material, such as a solicitation brochure, provided the material
complies with the standards set forth below, and provided that the
solicitor or seller informs the prospective donor or purchaser that
the information as required below is contained in the printed
material.
   Information on the card or printed material shall be presented in
at least 10-point type and shall include the following:
   (1) The name and address of the combined campaign, each
organization, or fund on behalf of which all or any part of the money
collected will be utilized for charitable purposes.
   (2) If there is no organization or fund, the manner in which the
money collected will be utilized for charitable purposes.
   (3) The non-tax-exempt status of the organization or fund, if the
organization or fund for which the money or funds are being solicited
does not have a charitable tax exemption under both federal and
state law.
   (4) The percentage of the total gift or purchase price which may
be deducted as a charitable contribution under both federal and state
law. If no portion is so deductible the card shall state that "This
contribution is not tax deductible."
   (5) If the organization making the solicitation represents any
nongovernmental organization by any name which includes, but is not
limited to, the term "officer," "peace officer," "police," "law
enforcement," "reserve officer," "deputy," "California Highway
Patrol," "Highway Patrol," "deputy sheriff," "firefighter," or "fire
marshall," which would reasonably be understood to imply that the
organization is composed of law enforcement or firefighting
personnel, the solicitor shall give the total number of members in
the organization and the number of members working or living within
the county where the solicitation is being made, and if the
solicitation is for advertising, the statewide circulation of the
publication in which the solicited ad will appear.
   (6) If the organization making the solicitation represents any
nongovernmental organization by any name which includes, but is not
limited to, the term "veteran" or "veterans," which would reasonably
be understood to imply that the organization is composed of veterans,
the solicitor shall give the total number of members in the
organization and the number of members working or living within the
county where the solicitation is being made. This paragraph does not
apply to federally chartered or state incorporated veterans'
organizations with 200 or more dues paying members or to a thrift
store operated or controlled by a federally chartered or state
incorporated veterans' organization. This paragraph does not apply to
any state incorporated community-based organization that provides
direct services to veterans and their families and qualifies as a
tax-exempt organization under Section 501(c)(3) or 501(c)(19) of the
Internal Revenue Code and Section 23701d of the Revenue and Taxation
Code.
   (b) Knowing and willful noncompliance by any individual volunteer
who receives no compensation of any type from or in connection with a
solicitation by any charitable organization shall subject the
solicitor or seller to the penalties of the law.
   (c) When the solicitation is not a sales solicitation, any
individual volunteer who receives no compensation of any type from,
or in connection with, a solicitation by any charitable organization
may comply with the disclosure provisions by providing the name and
address of the charitable organization on behalf of which all or any
part of the money collected will be utilized for charitable purposes,
by stating the charitable purposes for which the solicitation is
made, and by stating to the person solicited that information about
revenues and expenses of the organization, including its
administration and fundraising costs, may be obtained by contacting
the organization's office at the address disclosed. The organization
shall provide this information to the person solicited within seven
days after receipt of the request.
   (d) A volunteer who receives no compensation of any type from, or
in connection with, a solicitation or sales solicitation by a
charitable organization  which   that  has
qualified for a tax exemption under Section 501(c)(3) of the Internal
Revenue  Code of 1954,   Code,  and who is
18 years of age or younger, is not required to make any disclosures
pursuant to this section.
   (e) If any provision of this section or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of this section 
which   that  can be given effect without the
invalid provision or application, and to this end the provisions of
this section are severable.