BILL ANALYSIS Ó AB 2219 Page 1 Date of Hearing: April 13, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2219 (Wagner) - As Amended March 31, 2016 ----------------------------------------------------------------- |Policy |Judiciary |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill clarifies that although all records reported by charitable organizations to the Attorney General (AG) are generally public, the following records are not public and must be withheld from public inspection: AB 2219 Page 2 1)Any report filed with any other governmental agency of this state, another state, the United States, or any government subdivision thereof which is required by law to be kept confidential. 2)Upon request of a charity or charitable fiduciary, any part of a document filed with the Attorney General that does not relate to charitable purposes or charitable assets and that is not otherwise a public record. 3)Donor information exempt from public inspection pursuant to specified federal law, except: a) In a court or administrative proceeding brought pursuant to the AG's charitable trust enforcement responsibilities, or b) In response to a search warrant. FISCAL EFFECT: Any costs to the AG will be minor and absorbable. COMMENTS: 1)Background. State law, including the Supervision of Trustees and Fundraisers for Charitable Purposes Act, vests the AG with broad authority to monitor and regulate charitable organizations and public benefit corporations, including the power to require such organizations to furnish information and reports. Pursuant to state regulations, charitable organizations must file, among other things, a complete copy of the IRS Form 990 they are required to file with the IRS, AB 2219 Page 3 including a Schedule B that identifies their major donors. Pursuant to the authority cited above, the AG's Office sent letters to charitable organizations registered with the State of California in 2014, instructing them to submit to the AG complete and un-redacted copies of their Form 990s, including Schedule B information about their donors. Two of the organizations that received the letters, Americans for Prosperity (AFP) and the Center for Competitive Politics (CCP), refused to comply with the AG's request and sued in federal court to enjoin enforcement of her demand. The federal district court ruled against AFP on the merits of all of its claims. The AFP case, argued and submitted to the 9th Circuit in December 2015, is pending decision by the Court of Appeal. In Center for Competitive Politics v. Harris, CCP argued that federal tax law preempted the Attorney General from obtaining the Form 990 with complete donor information. The court did not agree with CCP's argument and instead found that federal law "may support an argument that Congress sought to regulate the disclosures that the IRS may make, but they do not broadly prohibit other government entities from seeking that information directly from the organization." The AG proposed regulations (notice published December 11, 2015) to clarify that any Form 990 reported to her pursuant to her authority to regulate charitable organizations is not a public record. The AG's office states that the proposed regulations "codify the Attorney General's practice to exempt donor information from public disclosure" but allow the information to be disclosed in a court or administrative proceeding brought pursuant to the Attorney General's charitable trust enforcement responsibilities or in response to a search warrant. AB 2219 Page 4 2)Purpose. This bill merely clarifies what is likely already implied in state law-that although all records retained by the AG are presumed to be public and open, some records, including Forms 990, are confidential because they are protected from public disclosure by other state or federal law. There is no opposition to this bill. Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081