Acquisition And Disposition Of Salvageable Personal Property For Charitable Purposes - - CA Welfare And Institutions

Section § 148

This section defines key terms used in the chapter about soliciting donations for charity. 'Solicit' means asking for salvageable personal property, with the promise that it will be used for charitable purposes. This request can be made in various ways, like talking, writing, adverts, or any public announcements. It can also include soliciting through collection boxes in public spaces.

'Salvageable personal property' refers to any physical items that can be given, except for money or documents like IOUs.

As used in this chapter:

(a) “Solicit” or any of its derivatives means to request directly or indirectly the giving of any kind of salvageable personal property on the plea or representation, express or implied, to the person requested that the property or any proceeds to be derived therefrom are to be devoted to charitable uses. The word shall extend to such requests made by any of the following means, whether or not the person making the request is given anything as a result:

1. Orally or in writing, by telephone or otherwise.

2. By distribution, circulation, mailing, posting, or publishing of any handbill, advertisement, or publication.

3. By means of any box or receptacle, upon any public street, sidewalk or way, or in any public park or in any publicly owned or controlled place; or by means of any box or receptacle in any place immediately abutting upon any public sidewalk or way, or in any place of business open to the public, or in any room, hallway, corridor, lobby, or entranceway, or other place open or accessible to the public.

4. By making of any announcement through the press, radio, telephone, television, or telegraph concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale, or social gathering, which the public is requested to patronize.

(b) “Salvageable personal property” means any type of corporeal personalty, new or used, but not including money or evidences of debt.

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(Added by Stats. 1959, Ch. 1410.)

Section § 148.1

This section explains that certain organizations are exempt from the regulations in this chapter. Specifically, it does not apply to organizations that solicit donations of reusable personal items from their own members or sell these items at occasional events like rummage sales, as long as these activities are not the main focus of the organization.

It also exempts associations that are tax-exempt under specific tax code sections, and whose members have physical, mental, or developmental disabilities, if their primary goal is to provide services for such individuals.

None of the provisions of this chapter shall apply to the activities of any organization or association of persons or any person engaged by or under its authority, in soliciting donations of salvageable personal property solely from members of the organization or in selling salvageable personal property obtained from the organization’s members by that soliciting, or the soliciting and sale of salvageable personal property by fraternal, social, political, or service organizations for occasional rummage sales or bazaars where the activity does not constitute a major part of the organization’s activities and is not conducted as a permanent or continuous operation. Nor shall the provisions of this chapter apply to an association which is exempt under Section 23701d or 23701f of the Revenue and Taxation Code if the membership of the association is comprised of persons with physical, mental, or developmental disabilities and the primary purpose of the association is to provide services to persons with those disabilities.

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(Amended by Stats. 1989, Ch. 391, Sec. 1.)

Section § 148.2

This law requires organizations that collect or sell donated salvageable personal property to keep their financial activities separate. They must have distinct bank accounts and records for these activities. Additionally, they must follow specific rules set out for managing charitable purposes under another legal framework.

Any organization qualified under Section 148.3 to solicit donations of salvageable personal property, or to sell salvageable personal property obtained by soliciting, shall: (a) maintain separate bank accounts and separate books and records for such solicitations or sales, and shall not commingle any proceeds of such solicitations or sales with any other assets; and (b) fully comply with the provisions of the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 of Chapter 6 (commencing with Section 12580) of the Government Code).

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(Amended by Stats. 2020, Ch. 370, Sec. 269. (SB 1371) Effective January 1, 2021.)

Section § 148.3

This law makes it illegal for groups to ask for donations of items that can be reused or sell such items obtained through donations, unless the group is tax-exempt under specific sections of the Revenue and Taxation Code.

It shall be unlawful for any association of persons to engage, directly or indirectly, in soliciting donations of salvageable personal property, or in selling salvageable personal property obtained by soliciting, except an association which is exempt under Section 23701d or 23701f of the Revenue and Taxation Code from any tax imposed by the Bank and Corporations Tax Law.

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(Amended by Stats. 1976, Ch. 500.)

Section § 148.4

This law makes it illegal for certain organizations to hire independent contractors to ask for donations of personal property or to sell donated items. Instead, the organization’s own officers or appointed agents must handle all donation solicitations.

It shall be unlawful for any organization qualified under Section 148.3 to solicit donations of salvageable personal property, to contract with or otherwise engage any independent contractor to perform the work of soliciting such donations or selling any personal property donated. All soliciting shall be done by the officers of the organization or agents appointed by or under the authority of such officers.

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(Added by Stats. 1959, Ch. 1410.)

Section § 148.5

This law makes it illegal for someone to ask for donations of items that can be reused or salvaged unless they are representing an organization that complies with certain legal requirements, and they have been formally appointed according to the law.

It shall be unlawful for any person to engage in soliciting donations of salvageable personal property except as an officer or agent of an organization meeting the requirements of Section 148.3, and who has been appointed in the manner prescribed by this chapter.

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(Added by Stats. 1959, Ch. 1410.)

Section § 148.6

This law requires organizations that collect donations of salvageable personal property to provide their solicitors with ID cards showing their identity and affiliation. These ID cards must be shown if asked by anyone they are soliciting or by police. Additionally, organizations must give receipts to buyers of donated goods and keep accurate records of sales and the amounts used for charity. These records must be available for police to inspect.

Every organization qualified under Section 148.3 to solicit donations of salvageable personal property, shall furnish each officer or agent engaged to work as a solicitor with an identification card stating the name and address of the solicitor, the name of the organization for whom he is soliciting, that he has been appointed by the organization to act as a solicitor, and the signature of the person by whom he was so appointed. The identification card must be exhibited on the demand of any person solicited or of any peace officer. Any such organization receiving the proceeds from any sale of salvageable personal property obtained by soliciting, shall see that each purchaser of such property is given a receipt stating the price paid for the property sold. Every such organization shall keep accurate books and records setting out the proceeds of such sales and the amounts devoted directly to charitable uses, which books and records shall be open to the inspection of any peace officer.

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(Added by Stats. 1959, Ch. 1410.)

Section § 148.8

If someone breaks any rule in this chapter, it's considered a misdemeanor. It's also a misdemeanor if a person asks for donations of things that can be reused and uses a fake ID card that's not allowed by the rules in this chapter.

The violation of any provision of this chapter by any person or organization is a misdemeanor. Any person who solicits a donation of salvageable personal property, and uses any device purporting to be an identification card and which is not furnished in accordance with the provisions of this chapter is guilty of a misdemeanor.

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(Added by Stats. 1959, Ch. 1410.)

Section § 148.9

This law says that counties and cities in California can create their own rules for allowing people to solicit or sell salvaged personal property. It means that even though the state has laws in place, local governments can make stricter rules if they want.

The enactment of this chapter shall in no way limit or infringe upon the powers of counties and cities to impose additional requirements for the privilege of soliciting and selling salvageable personal property within their jurisdictions.

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(Added by Stats. 1959, Ch. 1410.)