The bill restrict public agencies from disclosing identifying information about donors to select nonprofit groups.
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As lawmakers across the country suspend their sessions, or take up bills in response to the COVID-19 outbreak, there has been a reduction in activity on donor disclosure legislation. Consequently, we are moving to a monthly publication schedule for _The Disclosure Digest_. We will publish our next issue on May 5.
** UTAH, WEST VIRGINIA ENACT BILLS BARRING PUBLIC AGENCIES FROM DISCLOSING PERSONAL INFORMATION ABOUT 501(C) DONORS
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Last month, Utah and West Virginia enacted legislation restricting public agencies from disclosing identifying information about donors to select nonprofit groups.
** UTAH SB171
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SB171 ([link removed]) prohibits a public agency from:
* Requiring an individual to provide the agency with personal information
* Requiring a tax-exempt entity under Section 501(c) of the federal Internal Revenue Code to provide the agency with personal information about its donors
* Releasing or otherwise publicly disclosing any personal information the agency might possess
* Requiring a current or prospective contractor to provide the agency with a list of 501(c) groups to which the contractor has provided financial or non-financial support
Any person who knowingly violates any provision of this law is guilty of a misdemeanor, punishable by imprisonment for up to 90 days, a maximum fine of $1,000, or both.
The Utah State Senate ([link removed]) voted 26-0 in favor of SB171 on March 2. Three senators did not vote. The Utah House of Representatives ([link removed]) approved an amended version of the bill 68-0, with seven members not voting, on March 12. The Senate concurred in the House amendments by a vote of 27-0, with two members not voting, on March 12. Governor Gary Herbert ([link removed]) (R) signed SB171 into law on March 30.
** WEST VIRGINIA SB16
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SB16 ([link removed]) prohibits a public agency from:
* Requiring a tax-exempt entity under Section 501(c) of the federal Internal Revenue Code to provide the agency with donor or membership information
* Releasing any information that identifies an individuals' association with, or financial or non-financial support of, a 501(c) group without the express written consent of the group and the individual, or at the individual's request
The West Virginia State Senate ([link removed]) voted 34-0 in favor of SB16 on Jan. 20. The West Virginia House of Delegates ([link removed]) voted 75-22 in favor of the bill on Feb. 13. Three members did not vote. Governor Jim Justice ([link removed]) (R) signed the SB16 into law on March 2.
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[link removed]
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** THE BIG PICTURE
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** _NUMBER OF RELEVANT BILLS BY STATE_
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We're currently tracking 47 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 ([link removed]) for a complete list of all the bills we're tracking.
** _NUMBER OF RELEVANT BILLS BY CURRENT LEGISLATIVE STATUS_
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** _NUMBER OF RELEVANT BILLS BY PARTISAN STATUS OF SPONSOR(S)_
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** RECENT LEGISLATIVE ACTIONS
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Below is a complete list of legislative actions taken on relevant bills since our last issue. Bills are listed in alphabetical order, first by state then by bill number.
* UTAH SB0171 ([link removed]) : This bill would prohibit public agencies from disclosing identifying information about donors to 501(c) groups.
* Republican sponsorship.
* Signed into law March 30.
* VIRGINIA HB849 ([link removed]) : This bill would subject political campaign communications made via online platforms to the same disclosure requirements currently applied to print media, television, and radio advertisements.
* Democratic sponsorship.
* Signed into law March 31.
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