Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that establishes a misdemeanor crime for public officials requiring nonprofit groups to disclose their donors information.

Highlights:

• Prohibits public agency from doing any of the following (Sec. 3):

• Require any nonprofit organization to provide the public agency with personal information;

• If in the possession of personal information, a public agency shall not release, publicize, or otherwise disclose that personal information without the express written permission of every identified member, supporter, volunteer, or donor and the nonprofit that received their membership, support, volunteer time, or donations; or

• Request or require a current or prospective contractor with the public agency to provide the public agency with a list of nonprofit organizations to which it has provided financial or nonfinancial support.

• Exempts personal information from disclosure (Sec. 3).

• Specifies that this act does not preclude either of the following (Sec. 3):

• Any lawful warrant for personal information issued by a court of competent jurisdiction; or

• A lawful request for discovery of personal information in litigation if the the requestor demonstrates a compelling need for the personal information by clear and convincing evidence and the requestor obtains a protective order barring disclosure of personal information to any person not directly involved in the litigation.

• Defines “person” in this subsection as an individual, partnership, corporation, association, government entity, or other legal entity (Sec. 3).

• Authorize an individual alleging a violation of this act to bring a civil action for appropriate injunctive relief, damages, or both (Sec. 4).

• Authorizes damages awarded under this section to include 1 of the following, as appropriate (Sec. 4):

• A sum of money not less than $2,500 to compensate for injury or loss caused by violation of this act; or

• For an intentional violation of this act, a sum of money not exceeding 3 times the amount specified in the previous point.

• Authorizes a court, in rendering a judgement in an action brought under this act, to award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant in the action if the court determines that the award is appropriate (Sec. 4).

• Specifies that an individual that knowingly violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $1,000, or both (Sec. 5).

• Defines “personal information” as any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any nonprofit organization (Sec. 2).

• Defines “public agency” as any state or local governmental unit, however designated, including, but not limited to, this state; any department, agency, office, commission, board, division, or other entity of this state, any political subdivision of this state including all local government types, or any state or local judicial or quasi-judicial body (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes a misdemeanor crime for public officials requiring nonprofit groups to disclose their donors information.

Highlights:

• Prohibits public agency from doing any of the following (Sec. 3):

• Require any nonprofit organization to provide the public agency with personal information;

• If in the possession of personal information, a public agency shall not release, publicize, or otherwise disclose that personal information without the express written permission of every identified member, supporter, volunteer, or donor and the nonprofit that received their membership, support, volunteer time, or donations; or

• Request or require a current or prospective contractor with the public agency to provide the public agency with a list of nonprofit organizations to which it has provided financial or nonfinancial support.

• Exempts personal information from disclosure (Sec. 3).

• Specifies that this act does not preclude either of the following (Sec. 3):

• Any lawful warrant for personal information issued by a court of competent jurisdiction; or

• A lawful request for discovery of personal information in litigation if the the requestor demonstrates a compelling need for the personal information by clear and convincing evidence and the requestor obtains a protective order barring disclosure of personal information to any person not directly involved in the litigation.

• Defines “person” in this subsection as an individual, partnership, corporation, association, government entity, or other legal entity (Sec. 3).

• Authorize an individual alleging a violation of this act to bring a civil action for appropriate injunctive relief, damages, or both (Sec. 4).

• Authorizes damages awarded under this section to include 1 of the following, as appropriate (Sec. 4):

• A sum of money not less than $2,500 to compensate for injury or loss caused by violation of this act; or

• For an intentional violation of this act, a sum of money not exceeding 3 times the amount specified in the previous point.

• Authorizes a court, in rendering a judgement in an action brought under this act, to award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant in the action if the court determines that the award is appropriate (Sec. 4).

• Specifies that an individual that knowingly violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $1,000, or both (Sec. 5).

• Defines “personal information” as any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any nonprofit organization (Sec. 2).

• Defines “public agency” as any state or local governmental unit, however designated, including, but not limited to, this state; any department, agency, office, commission, board, division, or other entity of this state, any political subdivision of this state including all local government types, or any state or local judicial or quasi-judicial body (Sec. 2).

Full Bill Text