California 2011-2012 Regular Session Status: Enacted

AB 2327 — Charitable organizations: enforcement.

Last action — Chaptered by Secretary of State - Chapter 483, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 24, 2012. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Under existing law, the Supervision of Trustees and Fundraisers for Charitable Purposes Act governs charitable corporations, unincorporated associations trustees, commercial fundraisers, fundraising counsel, commercial coventurers, and other legal entities who hold or solicit property for charitable purposes over which the Attorney General has enforcement and supervisory powers. The act requires that any person who violates any provision of the act with the intent to deceive or defraud be liable for a specified civil penalty. The act also requires that any person who violates any provision of the act, regardless of intent, is liable for a specified civil penalty. This bill would revise those enforcement provisions to instead provide that the Attorney General may issue a cease and desist order whenever the Attorney General finds that any person or entity that the act applies to has committed an act that would constitute a violation of, or is operating in violation of, any provision of the act. The bill would authorize the Attorney General to impose a specified penalty on any person or entity for each act or omission that constitutes a violation of the act, subject to certain procedures. The bill would also authorize the Attorney General, if the Attorney General had assessed a penalty against a person or entity pursuant to these provisions, to suspend the registration of that person or entity in accordance with certain procedures. The bill would authorize a person or entity that the Attorney General has filed an action against pursuant to the act to request a hearing to review that action in accordance with certain procedures. The bill would authorize the Attorney General to seek injunctive relief to enforce the provisions of this act. (2) Existing law, the Supervision of Trustees and Fundraisers for Charitable Purposes Act, prohibits charitable organizations, as defined, and commercial fundraisers for charitable purposes from misrepresenting the purpose of the charitable organization or the nature, purpose, or beneficiary of a solicitation. The act further prohibits specified practices in the planning, conduct, or execution of any solicitation or charitable sales promotion, including, among others, operating in violation of, or failing to comply with, any of the requirements of the act or orders of the Attorney General. This bill would prohibit any person from knowingly submitting for filing on behalf of any charitable organization any statement, report, financial statement, attachment, or other information to be filed with the Attorney General that contains information, a statement, or an omission that is false or misleading. (3) Existing law, the Supervision of Trustees and Fundraisers for Charitable Purposes Act, requires charitable organizations to file with the Attorney General periodic written reports, under oath, setting forth information as to the nature of the assets held for charitable purposes and the administration thereof by the corporation, unincorporated association, or trustee, in accordance with rules and regulations of the Attorney General. This bill would require a charitable organization, in any year that the balance sheet of that charitable organization shows that it holds restricted net assets, while reporting negative unrestricted net assets, to provide an explanation of its compliance with its charitable trust responsibilities and proof of directors' and officers' liability insurance coverage to the Attorney General's Registry of Charitable Trusts.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 483, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:25 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 18. Page 6318.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 12. Page 4693.).

  7. Read second time. Ordered to third reading.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 3). Re-referred to Com. on APPR.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  12. Referred to Com. on JUD.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 10. Page 4826.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 16. Noes 1.) (May 9).

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 24). Re-referred to Com. on APPR.

  18. In committee: Hearing postponed by committee.

  19. Re-referred to Com. on JUD.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  21. Referred to Com. on JUD.

  22. Read first time.

  23. From printer. May be heard in committee March 27.

  24. Introduced. To print.

Sponsors

  • Feuer · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Feuer

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2327 FEUER Concurrence in Senate Amendments

Passed 62 Yea · 18 Nay
Party YeaNayPresentNot Voting
Unaffiliated 611600
Democratic 1000
Republican 0200
Total 621800
% of votes cast 78%23%0%0%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hall — Yea
Feuer — Yea
Carter — Yea
Cook — Yea
Fong — Yea
Alejo — Yea
Allen — Yea
Fuentes — Yea
Furutani — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gatto — Yea
Fletcher — Yea
Gorell — Yea
Chesbro — Yea
Halderman — Yea
Bonilla — Yea
Harkey — Yea
Davis — Yea
Dickinson — Yea
Hayashi — Yea
Beall — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Ma — Yea
Miller — Yea
Pan — Yea
Skinner — Yea
Swanson — Yea
Williams — Yea
Yamada — Yea
Atkins — Yea
Campos — Yea
Solorio — Yea
Wieckowski — Yea
Hagman — Nay
Jeffries — Nay
Knight — Nay
Conway — Nay
Donnelly — Nay
Logue — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Silva — Nay
Valadao — Nay
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Huffman — Yea
Mansoor — Nay
Mendoza — Yea
Monning — Yea
Perea — Yea
Smyth — Yea
Torres — Yea
Wagner — Yea
Butler — Yea
Eng — Yea
Galgiani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB2327 Feuer By Corbett

Passed 23 Yea · 12 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 211105
Republican 0100
Democratic 2000
Total 231205
% of votes cast 58%30%0%13%
How each member voted (40)
Member Party Vote
Hancock — Yea
Wolk — Yea
Wyland — Nay
Cannella — Nay
Lowenthal — Not Voting
Runner — Not Voting
Corbett — Yea
Fuller — Nay
Anderson — Nay
Dutton — Nay
Leno — Yea
Liu — Not Voting
Yee — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Hernandez — Yea
Kehoe — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Harman — Nay
Huff — Nay
Lieu — Not Voting
Pavley — Yea
Steinberg — Yea
Walters — Nay
Emmerson — Nay
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 2327 FEUER Assembly Third Reading

Passed 62 Yea · 10 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 61907
Republican 1100
Democratic 0001
Total 621008
% of votes cast 78%13%0%10%
How each member voted (80)
Member Party Vote
Gorell — Yea
Butler — Yea
Carter — Yea
Cedillo — Yea
Feuer — Yea
Furutani — Yea
Fong — Yea
Conway — Yea
Garrick — Yea
Allen — Yea
Gatto — Yea
Gordon — Yea
Harkey — Yea
Cook — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Ammiano — Yea
Blumenfield — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Wagner — Yea
Yamada — Yea
Bonilla — Yea
Hagman — Nay
Halderman — Yea
Fletcher — Not Voting
Atkins — Not Voting
Campos — Yea
Hall — Yea
Jeffries — Not Voting
Knight — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Yea
Monning — Yea
Chesbro — Yea
Donnelly — Nay
Morrell — Nay
Nielsen — Yea
Norby — Nay
Pan — Yea
Perea — Not Voting
Solorio — Yea
Valadao — Not Voting
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Huber — Yea
Ma — Yea
Mansoor — Nay
Nestande — Not Voting
Olsen — Nay
Torres — Yea
Williams — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15100
Democratic 1000
Total 16100
% of votes cast 94%6%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Gatto — Yea
Hall — Yea
Harkey — Yea
Mitchell — Yea
Hill — Yea
Donnelly — Nay
Norby — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Lara — Yea
Nielsen — Yea
Wagner — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2327 do?
(1) Under existing law, the Supervision of Trustees and Fundraisers for Charitable Purposes Act governs charitable corporations, unincorporated associations trustees, commercial fundraisers, fundraising counsel, commercial coventurers, and other legal entities who hold or solicit property for charitable purposes over which the Attorney General has enforcement and supervisory powers. The act requires that any person who violates any provision of the act with the intent to deceive or defraud be liable for a specified civil penalty. The act also requires that any person who violates any provision of the act, regardless of intent, is liable for a specified civil penalty. This bill would revise those enforcement provisions to instead provide that the Attorney General may issue a cease and desist order whenever the Attorney General finds that any person or entity that the act applies to has committed an act that would constitute a violation of, or is operating in violation of, any provision of the act. The bill would authorize the Attorney General to impose a specified penalty on any person or entity for each act or omission that constitutes a violation of the act, subject to certain procedures. The bill would also authorize the Attorney General, if the Attorney General had assessed a penalty against a person or entity pursuant to these provisions, to suspend the registration of that person or entity in accordance with certain procedures. The bill would authorize a person or entity that the Attorney General has filed an action against pursuant to the act to request a hearing to review that action in accordance with certain procedures. The bill would authorize the Attorney General to seek injunctive relief to enforce the provisions of this act. (2) Existing law, the Supervision of Trustees and Fundraisers for Charitable Purposes Act, prohibits charitable organizations, as defined, and commercial fundraisers for charitable purposes from misrepresenting the purpose of the charitable organization or the nature, purpose, or beneficiary of a solicitation. The act further prohibits specified practices in the planning, conduct, or execution of any solicitation or charitable sales promotion, including, among others, operating in violation of, or failing to comply with, any of the requirements of the act or orders of the Attorney General. This bill would prohibit any person from knowingly submitting for filing on behalf of any charitable organization any statement, report, financial statement, attachment, or other information to be filed with the Attorney General that contains information, a statement, or an omission that is false or misleading. (3) Existing law, the Supervision of Trustees and Fundraisers for Charitable Purposes Act, requires charitable organizations to file with the Attorney General periodic written reports, under oath, setting forth information as to the nature of the assets held for charitable purposes and the administration thereof by the corporation, unincorporated association, or trustee, in accordance with rules and regulations of the Attorney General. This bill would require a charitable organization, in any year that the balance sheet of that charitable organization shows that it holds restricted net assets, while reporting negative unrestricted net assets, to provide an explanation of its compliance with its charitable trust responsibilities and proof of directors' and officers' liability insurance coverage to the Attorney General's Registry of Charitable Trusts.
Who sponsors AB 2327?
AB 2327 is sponsored by Feuer.
What is the current status of AB 2327?
This bill has been enacted into law. Introduced February 24, 2012. Enacted.
Where can I track AB 2327?
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