State Legislation

2009 in Review

ACR’s accomplishments for 2009

As 2010 begins, the Alliance for Charitable Reform takes a moment to reflect back upon a busy and productive 2009 and share new initiatives for the year ahead. 

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Philanthropy’s Future in the Sunshine State

Bob McClure (James Madison Institute) examines the impact of advocacy groups on philanthropic giving

Philanthropy’s Future in the Sunshine State

In a recent policy brief, Bob McClure (president of the James Madison Institute) raises the antennas of Floridian donors to the tactics of advocacy groups that seek to redirect private giving to their specified causes.

He notes,“Surely donors deserve the right to choose where their money goes. After all, most gifts represent the bounty from the fruits of their labor — what’s left after life’s necessities have been purchased, payrolls have been met, or federal, state and local taxes have been paid.

Granted, some choices may seem eccentric. Yet here in Florida there also are heart-warming examples of how personal experiences ignited a passion for a cause. Wendy’s founder Dave Thomas, adopted as a child, gave much of his wealth to his foundation to support adoption and foster care. When one of Miami Dolphins quarterback Dan Marino’s sons was diagnosed with autism, Marino started a foundation to support autism research. There are countless examples of such generosity by businesses, foundations and individuals across the country.”

To view the full policy brief and a related article select the links below.

Further Reading

State Legislation

New Model State Legislation will Encourage Freedom in Giving

ACR works with legislative organization to develop state legislation that encourages philanthropic creation and operation

New Model State Legislation will Encourage Freedom in Giving

In December of 2009, the American Legislative Exchange Council (ALEC) adopted model legislation based on an approved set of principles for philanthropic freedom. These principles are aimed at protecting foundations’ missions and donor intent. ALEC is a membership organization for state legislators that, among other things, provides their members with “model” legislation they can consider for their own states.

ACR has begun to work with state legislatures as they consider this model legislation. Download the full principles below.

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Fighting at the State Level

ACR continues to identify and respond to challenges to the charitable community in the states as well, particularly those originating from interest groups and activist organizations.  For example, last year the California Legislature considered AB 624, a bill that would have significantly increased onerous reporting requirements for foundations and their grantees.  The legislation was promoted by Greenlining Institute, an aggressive activist organization.

We believe the impetus for comprehensive reporting was merely a veil for the true goal - influencing and ultimately directing foundations to fund causes preferred by Greenlining itself.  Again, ACR activated many in the charitable community to add their voices in opposition to this legislation.  While the legislation ultimately failed, Greenlining has expanded its focus to other states and has recently opened an office in Washington, D.C.

Greenlining’s Florida Report

Philanthropic Investment in the Sunshine State

Greenlining released its report on what it identified as gaps in funding to Florida minority organizations.

Further Reading

State Legislation

California AB 624

In 2008, the California legislature began formal consideration of legislation (California AB 624). Under the guise of transparency and disclosure, this legislation would have, we believe, channeled foundation grantmaking to a limited, statutorily-prescribed group of charities. This legislation would have created winners and clear losers in the charitable community.

The legislation, which was never enacted into law, served as a direct threat to the philanthropic freedom of foundations and the charities they support. Now, even after a few of California’s leading foundations made unprecedented commitments of tens of millions of dollars, it remains unclear whether members of the California legislature will try to advance similar legislation in 2009.

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Further Reading

State Legislation

Background Material on AB 624

Further Reading

State Legislation

Press Coverage of AB 624

The following are articles related to AB 624.

Further Reading