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Welcome to Disclosure Digest
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April 6, 2021
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Join us today as we explore the legislation, litigation, and advocacy surrounding nonprofit donor disclosure.
Under federal law, nonprofits are generally not required to disclose to the public information about their donors. State laws, however, may require such disclosure. Some say expanded donor disclosure provisions minimize the potential for fraud and establish public accountability. Meanwhile, others say that disclosing to the public information about donors violates privacy rights and can inhibit charitable activity. |
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BALLOTPEDIA |
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First quarter report on donor disclosure legislation
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Thus far this year, state legislatures have enacted two donor disclosure bills, down from six during the same period in 2019 and up from zero during the same period in 2020. Let's take a closer look at how legislative activity in the first three months of 2021 compares to 2019 and 2020.
First quarter: 2021
In the first three months 2021, Ballotpedia has tracked 36 state bills dealing in some substantive way with donor disclosure policy.
Geographic concentration: Lawmakers in 15 states, highlighted in varying shades of green on the map below, introduced donor disclosure bills in the first quarter of 2021. Ten bills have been introduced in New York, more than in any other state.
Sponsorship: Of these 36 bills, Democrats have sponsored 16 (44.44 percent). Republicans have sponsored 11 (30.56 percent). Bipartisan groups or committees have sponsored the rest.
Enacted bills: Two bills were enacted into law in the first three months of this year:
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South Dakota HB1079: This bill prohibits executive agencies and officials from requiring nonprofits to make disclosures beyond those required under state and federal law.
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Sponsored by the House Judiciary Committee. Enacted into law on March 3.
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South Dakota SB103: This bill prohibits public agencies from requiring any person or nonprofit to provide identifying information about a nonprofit's donors. It would also prohibit the disclosure of any such information currently in the possession of a public agency.
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Republican sponsorship. Enacted into law on March 29.
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How this compares to legislative activity in 2019 and 2020
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At this same point in 2019, lawmakers in 34 states had introduced 73 donor disclosure bills, 50.68 percent fewer than in 2021. In the first three months of 2020, lawmakers in 19 states had introduced 45 relevant bills, 20 percent fewer than in 2021.
Democrats introduced more bills than Republicans in the first quarters of 2019, 2020, and 2021.
Enactments in the first quarter of 2019 (6) outpaced enactments in 2021:
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North Dakota HB1037: This bill reenacted previously rescinded disclosure requirements for contributions made to ballot measure campaigns.
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South Dakota SB114: This bill required that campaign contributions by minors be attributed to their parents for campaign finance disclosure and reporting purposes.
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Utah HB0131: This bill required political issues committees to disclose certain contributions within three days of receipt.
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Utah HB0319: This bill established disclosure requirements for entities spending money on ballot proposition advertisements.
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West Virginia SB622: This bill made general revisions to the state's campaign finance disclosure laws.
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Wyoming SF0018: This bill amended the state's campaign finance and disclosure laws.
Enactments in 2021 outpaced 2020, when no donor disclosure bills were enacted into law in the first quarter.
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Recent legislative actions
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For complete information on all of the bills we are tracking, click here.
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Arkansas SB535: This bill would prohibit a public agency from disclosing identifying information about a nonprofit's donors.
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Republican sponsorship.
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Withdrawn, amended, and re-referred to Senate State Agencies and Governmental Affairs Committee on April 5.
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Tennessee HB0159: This bill would prohibit a public agency from disclosing identifying information about a nonprofit's donors.
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Republican sponsorship.
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House Government Operations Committee hearing scheduled for April 5.
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Tennessee SB1608: This bill would prohibit a public agency from disclosing identifying information about a nonprofit's donors.
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Republican sponsorship.
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Senate State and Local Government Committee hearing scheduled for March 30.
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West Virginia HB2932: This bill would prohibit a state agency from imposing additional requirements beyond those currently in statute regarding the registration, reporting or operation of a charitable organization.
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Republican sponsorship
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Senate Judiciary Committee hearing scheduled for March 30
Thank you for reading! Let us know what you think! Reply to this email with any feedback or recommendations. |
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