1. (a) A charitable fundraising platform or platform charity that engages in solicitation type A or B shall promptly send donations, or grants of recommended donations, in compliance with all of the following:

   1. (1) Donated funds for consenting recipient charitable organizations shall be sent no later than 30 days after the end of the month in which the donations or recommended donations are made, unless the recipient charitable organization is not eligible to be sent the funds.
   2. (2) Donated funds for non-consenting recipient charitable organizations shall be sent no later than 45 days after the end of the month in which the donations or recommended donations are made, unless the recipient charitable organization is not eligible to be sent the funds.
   3. (3) A charitable fundraising platform or platform charity shall determine whether a recipient charitable organization is eligible to be sent donated funds within the time period for when donated funds must be sent. If it has been determined that a recipient charitable organization is not eligible, the charitable fundraising platform or platform charity shall notify donors in writing no later than 30 days after the determination of eligibility, and request them to recommend an alternate charitable organization. Written notification may be sent electronically. Donors shall have 30 days from the date of written notification to recommend an alternate charitable organization. If an alternate is timely recommended, the charitable fundraising platform or platform charity shall send the donated funds to the alternate charitable organization no later than 30 days from the last date donors could timely recommend an alternate, unless the charitable fundraising platform or platform charity determines the alternate is not eligible. If an alternate is timely recommended and determined to be not eligible, the charitable fundraising platform or platform charity shall select another alternate charitable organization, and send donated funds to the alternate selected by the charitable fundraising platform or platform charity no later than 30 days from the last date donors could timely recommend an alternate. If an alternate is not timely recommended, the charitable fundraising platform or platform charity shall select an alternate charitable organization, and send the donated funds to the alternate no later than 30 days from the last date donors could timely recommend an alternate.

2. (b) A charitable fundraising platform or platform charity that engages in solicitation type C or D shall promptly send donations, or grants of recommended donations, in compliance with all of the following:

   1. (1) When donated funds are not subject to any minimum threshold amounts before they are sent, the donated funds shall be sent to a recipient charitable organization on a quarterly basis or more frequently, unless the recipient charitable organization is not eligible to be sent the funds. For purposes of this section, “quarterly basis” means sending donated funds based on purchases or other activity performed by platform users, no later than 30 days after the end of a 90-day period established as a quarter by a charitable fundraising platform or platform charity.
   2. (2) When donated funds are subject to minimum threshold amounts before they are sent, such minimum threshold amounts shall not exceed ten dollars ($10.00), as required by Government Code section 12599.10, subdivision (a)(4)(A)(ii). Once the minimum amount is reached, the donated funds shall be sent to a recipient charitable organization on a quarterly basis or more frequently, unless the recipient charitable organization is not eligible to be sent the funds. If the minimum threshold amount is not reached after four consecutive quarters, the donated funds shall be sent to a recipient charitable organization no later than 30 days after the fourth quarter ends, unless the recipient charitable organization is not eligible to be sent the funds.
   3. (3) A charitable fundraising platform or platform charity shall determine whether a recipient charitable organization is eligible to be sent donated funds within the time period for when donated funds must be sent. If it has been determined that a recipient charitable organization is not eligible, the charitable fundraising platform or platform charity shall then select an alternate charitable organization, and send the donated funds to the alternate no later than 30 days after the determination of eligibility.

3. (c) A charitable fundraising platform that engages in solicitation type E shall promptly send donations in compliance with the following:

   1. (1) When donations are solicited by and made to a charitable organization, including when a charitable organization manages peer-to-peer charitable fundraising campaigns enabled by the charitable fundraising platform, donations shall be sent no later than five business days after the donations are made, unless the charitable organization is not eligible to be sent the funds. A charitable fundraising platform shall determine whether a charitable organization is eligible to be sent donations on a monthly basis or more frequently. If it has been determined that a charitable organization is not eligible, the charitable fundraising platform shall select an alternate charitable organization, and send the donations to the alternate no later than 30 days after the determination of eligibility.
   2. (2) When donations or recommended donations are made to a charitable fundraising platform or platform charity, and the charitable fundraising platform also performs, permits, or otherwise enables solicitation type A or B, donated funds shall be promptly sent in compliance with subdivision (a) of this section.
4. (d) A charitable fundraising platform or platform charity that performs, permits, or otherwise enables acts of solicitation described by Government Code section 12599.9, subdivision (a)(1), that are not solicitation types A to E shall promptly send donated funds in compliance with subdivision (a)(1) and (3) of this section.

Note: Authority cited: Sections 12587 and 12599.10, Government Code. Reference: Sections 12599.9 and 12599.10, Government Code.

History

1. New section filed 3-26-2024; operative 1-1-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 13).