AB 2221: Supervision of Trustees and Fundraisers for Charitable Purposes Act.

Existing law, the Supervision of Trustees and Fundraisers for Charitable Purposes Act, requires the Attorney General to, among other things, establish and maintain a register of charitable corporations, unincorporated associations, and trustees subject to the act and of the particular trust or other relationship under which they hold property for charitable purposes. Existing law requires the Attorney General to establish rules and regulations necessary for the administration of these provisions.

Existing law requires a charitable fundraising platform, as defined, before soliciting, permitting, or otherwise enabling charitable solicitations, to register with the Attorney Generals Registry of Charities and Fundraisers, under oath, on a form provided by the Attorney General. Existing law requires a platform charity to have good standing, as defined, in order to facilitate acts of solicitation on a charitable fundraising platform. Existing law permits a charitable fundraising platform or platform charity to solicit, permit, or otherwise enable solicitations, or to receive, control, or distribute funds from donations, only for recipient charitable organizations or other charitable organizations in good standing. Existing law authorizes a charitable fundraising platform or platform charity to rely upon specified electronic lists to determine good standing of recipient charitable organizations or other charitable organizations, however, if those lists are not published, then a charitable fundraising platform or platform charity is not required to comply with this provision for that applicable agency for the length of time that agencys list is unavailable.

This bill would remove the provisions described above that authorize a charitable fundraising platform or platform charity to rely upon specified electronic lists to determine good standing of recipient charitable organizations, or other charitable organizations and excuse compliance if the list is not published. Instead, the bill would specify that the directive that charitable fundraising platforms or platform charities only solicit, permit, or otherwise enable solicitations, or receive, control, or distribute funds from donations for recipient charitable organizations or other charitable organizations in good standing does not apply to charitable organizations that are not subject to the registration requirements of the act.

Existing law requires a charitable fundraising platform or platform charity that performs, permits, or otherwise enables acts of solicitation to, before a person can complete a donation or select or change a recipient charitable organization, provide conspicuous disclosures, including, among other things, a statement that a recipient charitable organization may not receive donations or grants or recommended donations, with an explanation identifying the most pertinent reasons why a recipient charitable organization may not receive the funds.

This bill would also require the statement described above to include an explanation of what alternative disposition will occur for the funds, as specified, and would make other conforming changes.

Existing law requires that the rules and regulations established by the Attorney General for the administration of the registry include, among other things, provisions that specify the requirements for holding donations or distributing donations and grants of recommended donations, including the maximum length of times it takes to send the donated funds, as specified. contents of the form and other information to be provided by a charitable fundraising platform for registration and in annual reports filed with the registry.

This bill would instead require that the adopted rules and regulations specify the maximum amount of time it takes to send the donated funds to a recipient charitable organization that has not provided consent for a solicitation. make clarifying and technical changes to those provisions, including updating a reference to the name of the registry.

This bill would require that registration statements, notices, or reports and supporting documents filed by any individual or legal entity subject to the act be deemed approved, and that the approval be included in the Registry of Charities and Fundraisers, within 10 business days from the date of filing, unless the Attorney General notifies a filer of a determination that the requirements of the act have not been met, and notes the specific deficiencies. The bill would authorize an individual or entity that receives a notification that a registration, notice, or reporting requirement is not satisfied to request a hearing within 15 days to determine the sufficiency of the filing, as specified. provide that if the registry does not process a filing submitted by a person or entity who is not registered or whose registration is expired or delinquent within 10 days from the date of filing, the registration would be deemed in good standing. The bill would require a written notice to be sent to the registrant if the filing is found deficient, indicating the reasons for deficiency. The bill would establish related procedures and timelines for registration filings, notices, and responses. The bill would also require the Attorney General to modernize the online registry to support comprehensive electronic administration, as prescribed.