Senate Bill 636 - Donor Privacy Summary

• Nonprofit corporations cannot disclose donor identities if the donor requests confidentiality in writing before or at the time of donation, with exceptions for state/federal law requirements, criminal investigations, and court orders.

• Membership lists of nonprofit corporations cannot be used to solicit money or property (except for voting-related solicitations), used for commercial purposes, or sold without board consent.

• Donor information is classified as confidential under state public records law, and courts may award reasonable attorney fees to prevailing parties in related disputes.

• Donor privacy protections apply to IRS Form 990 and Form 990-EZ attachments submitted by nonprofits, nursing homes, hospitals, and charitable organizations.

• Campaign finance disclosures required by state and federal election law are exempt from nonprofit donor privacy protections; state employees and legislators are prohibited from misusing confidential donor information under criminal penalties effective October 1, 2021.