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Minutes for HB2495 - Committee on Judiciary
Short Title
Prohibiting the disclosure of personal information about a person's affiliation with an entity that is exempt from federal income taxation under section 501(c) of the federal internal revenue code.
Minutes Content for Tue, Jan 25, 2022
Chairperson Patton opened the hearing on HB2495. Natalie Scott reviewed the bill. Ms. Scott stood for questions. (Attachment 1)
Proponent
Steve Greene stated the Philanthropy Roundtable's mission is to foster excellence in philanthropy, protect philanthropic freedom, and help donors advance liberty, opportunity, and personal responsibility. Mr. Greene explained HB2495 would help to strengthen the vitality and breadth of civil society in the state. It would uphold a key pillar of philanthropic giving, the right of charitable donors to keep their giving private if they wish. There are a myriad of reasons Kansans may choose to keep their donations private including, but not limited to privacy concerns, religious convictions, and fear of harassment or retaliation. Without the protections of HB2495, organizations will be at risk of violating the privacy of their donors. The bill prohibits public agencies from disclosing or releasing personal information about membership, volunteers, and financial and non-financial donors of nonprofit organizations, except as required by law. It would also protect individuals who volunteer or give to causes they care about from having their personal information publicly disclosed on a government list. Mr. Greene thanked the membership for their time and stood for questions. (Attachment 2)
Kerry Gooch introduced himself and explained his organization. The Kansas Black Leadership Council (KBLC) was founded ten years ago to be the coalition in Kansas that unifies the voices of Black organizations through the Kansas to the legislature. The KBLC hosts Black Legislative Day each year in the Capitol. The KBLC is a strong proponent of HB2495. HB2495 would help to strengthen the vitality and breadth of civil society in the state. It would uphold a key right of charitable members and donors to keep their giving private if they wish. There are a myriad of reasons Kansans may choose to keep their donations private including, but not limited to privacy concerns, religious convictions, and fear of harassment or retaliation. Aside from the issue of harassment, many philanthropists prefer to keep their donations private, preferring to keep the attention on the cause they support. HB2495 will also ensure charitable organizations can continue to keep their members' information private. Mr. Gooch thanked the membership for their time and stood for questions. (Attachment 3)
Written Proponent
- James Franko, President, Kansas Policy Institute (Attachment 4)
- Brittany Jones, Director of Policy and Engagement, Kansas Family Voice (Attachment 5)
- Kenya Cox, NAACP (Attachment 6)
Neutral
Thomas Witt explained HB2495 would strengthen the privacy protections already recognized for 501(c) organizations. These protections are very important to Equality Kansas, as many of our (c)(4) members and (c)(3) contributions are also members of a minority that lacks protections against discrimination - namely, the members of the Kansas LGBTQ community for whom we advocate and represent. Should their identities be made public, they could be subject to retaliation, harassment, and discrimination. They believe these are important fixes that could be easily made within the spirit of the existing language. Mr. Witt said he would be happy to work with the proponents, or members of the committee, to draft appropriate language. He stood for questions. (Attachment 7)
Clay Barker explained HB2495 would prohibit the Office of Secretary of State from collecting or disclosing personal information, which is defined int he bill as lists of members, donors, or volunteers, from any organization with tax exempt status granted under Internal Revenue Code section 501(c). They are concerned the bill could be interpreted as creating a conflict within the state law by prohibiting the Office of Secretary of State from fulfilling its statutory duty to obtain and publicly post the names and contact information for officers, directors, registered agents, and some owners of various tax-exempt organizations which must file these disclosures with their office if they are to receive the liability protections of the corporate form of organization. Mr. Barker stood for questions. (Attachment 8)
Neutral Written
- Frances R. Oleen, Deputy Attorney General, Office of the Attorney General Consumer Protection Division (Attachment 9)
Chairperson Patton asked if there were any other individuals wishing to testify. There were not, so he closed the hearing on HB2495.
