The Disclosure Digest: February 23, 2021
 Welcome to Disclosure DigestFebruary 23, 2021Explore the legislation, litigation, and advocacy surrounding nonprofit donor disclosure with The Disclosure Digest, a Ballotpedia newsletter. 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. 
South Dakota lawmakers advance bills limiting disclosure of nonprofit donor informationLast week, South Dakota state lawmakers advanced two separate bills limiting the disclosure of identifying information about donors to nonprofits: HB1079 and SB103. What the bills propose HB1079 would prohibit any executive branch entity (e.g., the governor, the secretary of state, etc.) from requiring "any annual filing or reporting of a nonprofit corporation or charitable trust that is more stringent, restrictive, or expansive than that required by state or federal law." The legislation would not apply to information required "to determine eligibility for or compliance with a state grant or contract." The bill also exempts information required for, or obtained during a state fraud investigation or enforcement action. SB103 would bar any public agency (including state and municipal government units and courts) from:
The legislation does not bar public agencies from furnishing personal information about a nonprofit's donors, supporters, etc., for:
Although the bills deal with similar subject matter, the bills are not companions. If enacted, they would be signed into law separately. Legislative status HB1079: The House Judiciary Committee, at the request of Gov. Kristi Noem (R), introduced the bill on Jan. 22. The House approved it 62-8 on Feb. 2. The Senate approved an amended version 32-3 on Feb. 16. The amended bill is pending in the House. Republicans voted unanimously in favor of the bill. Democrats voted unanimously against it. SB103: Sens. Casey Crabtree (R) and James Bolin (R) and Reps. Kirk Chaffee (R), Tim Goodwin (R), and Tim Reed (R) introduced the legislation on Jan. 26. On Feb. 17, the state Senate voted 33-2 in favor of the bill. All Republicans and one Democrat voted in favor of the bill. Two Democrats opposed it. Sb103 is currently pending in the state House, where it has been referred to the House State Affairs Committee. Political context: South Dakota is a Republican trifecta, meaning that Republicans control the governorship and both chambers of the state legislature. South Dakota has been a Republican trifecta since 1995. Arguments Mark Miller, an attorney for Noem, said the following in support of HB1079: "What is this bill about? It's really about the American way of life. … It's also meant to return us to the traditional role of anonymity in support for certain causes that one believes in." Rep. Ryan Cwach (D), who voted against HB1079, said, "We expect accountability and we expect transparency from our government, and so the idea that we want to try and keep how people are influencing our government anonymous goes against the whole bedrock of our society." What other states are doing: At least three other states are considering similar legislation this year: Iowa (HF309, HSB28, and SSB1036), Nebraska (LB370), and Tennessee (HB0159 and SB1608). All three states are Republican trifectas. What We're Reading
The Big PictureNumber of relevant bills by state: We're currently tracking 29 pieces of legislation dealing with donor disclosure. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here for a complete list of all the bills we're tracking. Number of relevant bills by current legislative status:
Number of relevant bills by partisan status of sponsor(s):
Recent Legislative ActionsFor complete information on all of the bills we are tracking, click here.
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