BILL ANALYSIS Ó AB 556 Page 1 Date of Hearing: May 6, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 556 (Irwin) - As Amended April 7, 2015 ----------------------------------------------------------------- |Policy |Judiciary |Vote:|10 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Privacy and Consumer | |11 - 0 | | |Protection | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill: AB 556 Page 2 1)Expands the definition of "commercial fundraiser for charitable purposes" with regard to the Attorney General's (AG's) authority to enforce disclosure requirements for charity fundraisers. 2)Establishes a ten-year statute of limitations for enforcement actions against charity fundraisers, consultants, and other third parties who engage in fraud or other prohibited conduct. FISCAL EFFECT: Any additional costs to the AG's office would be minor and absorbable within its existing resources. COMMENTS: 1)Background. The AG is responsible for regulating charities and the professional fundraisers who solicit on their behalf. This oversight is meant to protect charitable assets for their intended use and ensure that charitable donations contributed by Californians are not misused and squandered through fraud or other means. All charitable trustees and fundraising professionals are required to register and file annual financial disclosure reports with the Registry of Charitable Trusts in the AG's office before soliciting in California. The attorneys and auditors of the AG's Charitable Trusts Section investigate and bring legal actions against charities, their officers and directors, and fundraising professionals that misuse charitable assets or engage in fraudulent fundraising practices. 2)Purpose. According to the author, recent enforcement cases have highlighted examples where persons performing AB 556 Page 3 professional fundraising services attempted to circumvent disclosure requirements by registering as fundraising counsel rather than as commercial fundraisers. In response, this bill would revise the definition of "commercial fundraiser for charitable purposes" to include additional actions and types of fee arrangements that the author believes warrant a disclosure to the public that the actions are being carried out by a third party fundraiser for compensation. For example, the bill would require a person or entity that plans, manages, counsels, advises, or prepares material for the solicitation of funds for charitable purposes to register as a commercial fundraiser if he or she is compensated by a percentage interest in the funds received through solicitation rather than by a flat fee. 3)Statute of Limitations. Under Section 12596 of the Supervision of Trustees and Fundraisers for Charitable Purposes Act, the AG may bring an enforcement action for fraud or other violations by the trustees, officers, or directors of a charitable organization at any time within ten years of the cause of action. Because cases involving charity fraud are often complex and cover misconduct from an extended period of time, the author contends, the ten-year statute of limitations is appropriate. However, Section 12596 does not apply to other parties such as fundraisers, consultants, or accountants who may have directly participated in, or aided and abetted the fraud; instead they are subject to either a three- or four- year statute of limitations, depending on the cause of action. Accordingly, this bill would establish a ten-year statute of limitations for all persons or entities involved in the fraud to make this consistent with the same period that applies to directors and officers of the charity. Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081 AB 556 Page 4