康妈的大规模公募可能已经违反了加州charitable solicitations法律# WaterWorld - 未名水世界
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在美国即使一个人不理道德上的约束,凡事还是有法律约束的。 虽然我不是
charitable solicitations法律的专家, 但初读加州charitable solicitations法律
条款, 我相信康妈此次向公众大规模公募(solicitation for charitable purpose)可
能已经初犯了加州法律和其他类似联邦慈善法(because her solicitation was via
the Internet, which crossed the state line)。以下引用加州charitable
solicitations Code Sections 17510。这应该govern次类公众募捐的法律。请注意这
些条款也适用于solicitation for charitable purpose by individuals不仅仅是by
an organization。
网上公众舆论一直要求信息透明,要求康妈公开她受到款项的用途走向等等,这个要求
被某些人批成没事找事,康妈没这个义务。实际上她不仅有这个义务,而且法律要求她
必须这么做- Knowing and willful noncompliance shall subject the solicitor to
the penalties of the law。
以下条款重要一条就是有一些信息是法律要求募捐人必须公布的。
我相信如果California Attorney General's Office或 prosecutor知道了这个募捐并
涉入调查,他们很可能回发现参与这次的某些个人与组织至少在某些方面已经触犯了法
律。抛开道德和人之常情不谈,在美国并不是想干什么就干什么的,做任何事总归是要
守法的。大规模网上向公众乞讨和站街乞讨虽然性质没有区别,法律上还是有很大区别
的。
California Law On Charitable Solicitations - http://oag.ca.gov/charities/laws
17510.2. (a) As used in this article, "solicitation for charitable
purposes," means any request, plea, entreaty, demand, or invitation,
or attempt thereof, to give money or property, in connection with
which any of the following applies:
(1) Any appeal is made for charitable purposes.
(2) The name of any charity, philanthropic or charitable
organization is used or referred to in any such appeal as an
inducement for making any such gift.
(3) Any statement is made to the effect that the gift or any part
thereof will go to or be used for any charitable purpose or
organization.
(4) The name of any organization of law enforcement personnel,
firefighters, or other persons who protect the public safety is used
or referred to as an inducement for transferring any money or
property, unless the only expressed or implied purpose of the
solicitation is for the sole benefit of the actual active membership
of the organization.
(c) A solicitation for charitable purposes, or a sale, offer or
attempt to sell for charitable purposes, shall include the making or
disseminating or causing to be made or disseminated before the public
in this state, in any newspaper or other publication, or any
advertising device, or by public outcry or proclamation, or in any
other manner or means whatsoever any such solicitation.
(d) For purposes of this article, "charity" shall include any
person who, or any nonprofit community organization, fraternal,
benevolent, educational, philanthropic, or service organization, or
governmental employee organization which, solicits or obtains
contributions solicited from the public for charitable purposes or
holds any assets for charitable purposes.
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 has qualified for a tax exemption under
Section 501(c)(3) of the Internal Revenue Code of 1954, 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 can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
17510.4. If the initial solicitation or sales solicitation is made
by radio, television, letter, telephone, or any other means not
involving direct personal contact with the person solicited,
including over the Internet, this solicitation shall clearly disclose
the information required by Section 17510.3. This disclosure
requirement shall not apply to any radio or television solicitation
of 60 seconds or less. If the gift is subsequently made or the sale
is subsequently consummated, the solicitation or sale for charitable
purposes card shall be mailed to or otherwise delivered to the donor,
or to the buyer with the item or items purchased.
charitable solicitations法律的专家, 但初读加州charitable solicitations法律
条款, 我相信康妈此次向公众大规模公募(solicitation for charitable purpose)可
能已经初犯了加州法律和其他类似联邦慈善法(because her solicitation was via
the Internet, which crossed the state line)。以下引用加州charitable
solicitations Code Sections 17510。这应该govern次类公众募捐的法律。请注意这
些条款也适用于solicitation for charitable purpose by individuals不仅仅是by
an organization。
网上公众舆论一直要求信息透明,要求康妈公开她受到款项的用途走向等等,这个要求
被某些人批成没事找事,康妈没这个义务。实际上她不仅有这个义务,而且法律要求她
必须这么做- Knowing and willful noncompliance shall subject the solicitor to
the penalties of the law。
以下条款重要一条就是有一些信息是法律要求募捐人必须公布的。
我相信如果California Attorney General's Office或 prosecutor知道了这个募捐并
涉入调查,他们很可能回发现参与这次的某些个人与组织至少在某些方面已经触犯了法
律。抛开道德和人之常情不谈,在美国并不是想干什么就干什么的,做任何事总归是要
守法的。大规模网上向公众乞讨和站街乞讨虽然性质没有区别,法律上还是有很大区别
的。
California Law On Charitable Solicitations - http://oag.ca.gov/charities/laws
17510.2. (a) As used in this article, "solicitation for charitable
purposes," means any request, plea, entreaty, demand, or invitation,
or attempt thereof, to give money or property, in connection with
which any of the following applies:
(1) Any appeal is made for charitable purposes.
(2) The name of any charity, philanthropic or charitable
organization is used or referred to in any such appeal as an
inducement for making any such gift.
(3) Any statement is made to the effect that the gift or any part
thereof will go to or be used for any charitable purpose or
organization.
(4) The name of any organization of law enforcement personnel,
firefighters, or other persons who protect the public safety is used
or referred to as an inducement for transferring any money or
property, unless the only expressed or implied purpose of the
solicitation is for the sole benefit of the actual active membership
of the organization.
(c) A solicitation for charitable purposes, or a sale, offer or
attempt to sell for charitable purposes, shall include the making or
disseminating or causing to be made or disseminated before the public
in this state, in any newspaper or other publication, or any
advertising device, or by public outcry or proclamation, or in any
other manner or means whatsoever any such solicitation.
(d) For purposes of this article, "charity" shall include any
person who, or any nonprofit community organization, fraternal,
benevolent, educational, philanthropic, or service organization, or
governmental employee organization which, solicits or obtains
contributions solicited from the public for charitable purposes or
holds any assets for charitable purposes.
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 has qualified for a tax exemption under
Section 501(c)(3) of the Internal Revenue Code of 1954, 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 can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
17510.4. If the initial solicitation or sales solicitation is made
by radio, television, letter, telephone, or any other means not
involving direct personal contact with the person solicited,
including over the Internet, this solicitation shall clearly disclose
the information required by Section 17510.3. This disclosure
requirement shall not apply to any radio or television solicitation
of 60 seconds or less. If the gift is subsequently made or the sale
is subsequently consummated, the solicitation or sale for charitable
purposes card shall be mailed to or otherwise delivered to the donor,
or to the buyer with the item or items purchased.