BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2219


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          Date of Hearing:  April 13, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2219 (Wagner) - As Amended March 31, 2016


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          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


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          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


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            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


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          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