§ 12599.10. — 12599.10. (Added by Stats. 2021, Ch. 616, Sec. 18.)

California § 12599.10.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.
• Title 2.: DIVISION 3. EXECUTIVE DEPARTMENT
• Part 2.: PART 2. CONSTITUTIONAL OFFICERS
• Ch. 6.: CHAPTER 6. Attorney General
• Art. 7.: ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act

Text

(a)
The Attorney General shall establish rules and regulations necessary for the administration of Section 12599.9, which shall include, but are not limited to, all of the following:
(1)
The additional acts of solicitation that meet the definition of a charitable fundraising platform or platform charity, as needed, in order to address changes in technology and charitable fundraising through platforms.
(2)
The content of the form and other information to be provided by a charitable fundraising platform for registration and in annual reports filed with the Attorney General’s Registry of Charitable Trusts, including all of the following:
(A)
The manner and timing of the filing of registration and reports.
(B)
The handling of confidential, trade secret, or personal information provided.
(C)
The circumstances under which partnering charitable fundraising platforms or platform charities may submit an annual report on behalf of other charitable fundraising platforms, taking into consideration the benefits and expenses of submitting individual reports for charitable fundraising platforms as compared to consolidated reports for charitable fundraising platforms that partner with platform charities.
(D)
The payment of fees to cover the reasonable costs to administer and enforce Section 12599.9.
(3)
The requirements for any written
agreement between a recipient charitable organization and a charitable fundraising platform or a platform charity that provides consent for or otherwise applies to solicitations for donations, including permitting those agreements to be entered into electronically.
(4)
The requirements for holding donations or distributing donations and grants of recommended donations, including all of the following:
(A)
(i)
The maximum length of times it takes to send the donated funds, taking into consideration the acts of solicitation described in paragraph (1) of subdivision (a), the number of donations made through a charitable fundraising platform or platform charity, whether donations are made to the charitable fundraising platform, platform charity, recipient charitable organizations, other charitable organizations, or persons engaging in peer-to-peer charitable
fundraising, whether the recipient charitable organization has provided consent for a solicitation, whether further verification information is requested to prevent fraud, and whether donations are sent to alternate recipient charitable organizations.
(ii)
For charitable fundraising platforms as defined in subparagraph (C) or (D) of paragraph (1) of subdivision (a) of Section 12599.9, the length of time to send donations or grants of recommended donations to the recipient charitable organization shall be no less than on a quarterly basis and subject to any minimum amounts, not to exceed ten dollars ($10), as disclosed pursuant to paragraphs (2) and (3) of subdivision (e) of Section 12599.9. Regardless of the minimum amount, donations or grants of recommended donations to the recipient charitable organization shall be sent after four consecutive quarters, unless the recipient charitable organization is not eligible to receive the funds, as
disclosed pursuant to paragraphs (2) and (3) of subdivision (e) of Section 12599.9.
(B)
The circumstances under which donors or persons may be contacted to provide alternate recipient charitable organizations or notified when the donated funds are sent.
(C)
The circumstances when donor or personal information may be provided to recipient charitable organizations.
(b)
This section shall become operative on January 1, 2022.

Legislative History

Added by Stats. 2021, Ch. 616, Sec. 18. (AB 488) Effective January 1, 2022.