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10/4/2012 3:07:22 PM
Mike Smith HSLDA--Roy Hanson FPM
California: Major Legislative Victory!

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From the HSLDA E-lert Service...
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California: Major Legislative Victory!

From: Mike Smith, HSLDA--Roy Hanson, FPM

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JOINT LEGISLATIVE VICTORY E-LERT--October 4, 2012
From: Mike Smith--HSLDA and Roy Hanson--Family Protection Ministries
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Bill: AB 1564 (as introduced 1/30/12) - Tax-exempt status of
nonprofits at risk

Defeated! - A Tremendous Victory for Private Nonprofit Organizations,
Children, and their Parents!

Position: We Strongly Opposed!

Status: AB 1564 Died in the Assembly.

AB 1564 would have caused the loss of tax-exempt status for nonprofit
organizations should a volunteer fail to report even a single case of
child sexual abuse based only upon suspicion. The removal of the
tax-exempt status of nonprofit organizations (such as local and state
homeschool organizations) would have dealt a financial blow because
their financial survival depends on tax-deductible donations. This
penalty would have been the equivalent of shutting down an entire
organization, based solely on the inaction of a single volunteer to
comply with a new requirement of AB 1564. This would have been levied
without any court finding of cover-up or complicity in not reporting
child sexual abuse by either the organization's staff or board of
directors.

Additionally, AB 1564 would have led to many very beneficial nonprofit
organizations severely reducing or dropping their programs and
services to children. The children would be the losers.

This would have happened because (a) of the possibility of the
organization being blindsided someday with losing their tax-exempt
status, and (b) individuals would be reluctant to volunteer for
nonprofits that work with children, due to the possible punishment by
imprisonment and fines for failure to report a case of child sex
abuse, where nothing was witnessed and there was only suspicion. This
would have made it hard for nonprofit organizations to recruit needed
volunteers.

AB 1564 was unnecessary because:

(a) Current law (Child Abuse and Neglect Reporting Act--CANRA)
specifies that any adult who is not a mandated reporter may report a
known, or reasonably suspected, incident of any child abuse or neglect
(Penal Code Section 11166[g] and Section 11165.7); and
(b) Current law already specifies that any person who reasonably
believes that he or she has observed the commission of any offense,
which includes child sexual abuse, must report it to law enforcement
and CPS. (Penal Code Section 152.3[a])

We strongly agree with protecting children who are sexually abused but
strongly disagreed with this bill's proposed methods. Known child
sexual abuse is a hideous and perverse crime that needs to be
reported! We favor cracking down on known child sexual abusers.
However, the approach in AB 1564 is unnecessary and would do great
harm to innocent nonprofit organizations and their volunteers.

FPM worked long hours behind the scenes to defeat this dangerous bill.
HSLDA was blessed to be able to provide important legal counsel and
other help.

The defeat of AB 1564 is a great victory for all nonprofit
organizations in California and for all parents and their children!

We thank God for this wonderful victory!

No action is required on AB 1564.

Thank you for your important support of and prayers for Family
Protection Ministries (FPM) and the Home School Legal Defense
Association (HSLDA).

If you or someone you know is not a member of HSLDA, will you consider
taking a moment today to join or recommend us and support our work
defending individual families threatened by government officials and
protecting homeschooling freedom for all? Join now >>
http://www.hslda.org/elink.asp?id=14438

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-> You can get a little latte or a lotta legal.

With our new payment options, you can join HSLDA for as little as
$10/month, less than the price of a cup of coffee a week.

More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1109

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