State-by-state: regulators are examining charities.Following are the states and the laws that have been introduced and either adopted, signed into law or are languishing lan·guish intr.v. lan·guished, lan·guish·ing, lan·guish·es 1. To be or become weak or feeble; lose strength or vigor. 2. in committee, as tracked by the National Council of Nonprofit A corporation or an association that conducts business for the benefit of the general public without shareholders and without a profit motive. Nonprofits are also called not-for-profit corporations. Nonprofit corporations are created according to state law. Associations and as this story was written: * Arkansas--Requires nonprofits to disclose their address to the donor--it's been passed by both houses but as of press time has not been signed into law by the governor. * Colorado--Requires that nonprofits list the names and addresses of paid solicitors, professional fundraising
v. ac·crued, ac·cru·ing, ac·crues v.intr. 1. To come to one as a gain, addition, or increment: interest accruing in my savings account. 2. by the nonprofit in using outside fundraisers. It has passed both houses but has yet to be signed into law by the governor. A second bill allows nonprofits to send unsolicited un·so·lic·it·ed adj. Not looked for or requested; unsought: an unsolicited manuscript; unsolicited opinions. unsolicited Adjective faxes to individuals as long as the individual has "opted-in" and given written permission, along with their fax number and signature. It was signed into law in early May; * Connecticut--Requires that charities register with the state each year, rather than just once, and pay $25 each time. It also requires all charities to prepare an annual financial report. Nonprofits with gross revenue exceeding $200,000 will also have to file an audited financial statement. The bill also prohibits any person engaged in the conduct of the affairs of the charity from engaging in any financial transaction unrelated to the charity or appropriating any property of the charity for private use. The law has been passed by the state Senate and is in committee. * Kansas--Prohibits nonprofits from soliciting funds in the state unless a copy of its federal income tax return is filed with the secretary of state. Additionally, nonprofits that receive contributions in excess of $500,000 "during the most recent fiscal year," must also file an audited financial statement. The previous threshold had been $100,000. The measure was signed into law in April. * Louisiana--Nonprofits that sell donated do·nate v. do·nat·ed, do·nat·ing, do·nates v.tr. To present as a gift to a fund or cause; contribute. v.intr. To make a contribution to a fund or cause. goods will be exempt from sales and use taxes Sales and use tax refers to:
* Maryland--A person who applies to register as a charity cannot solicit funds until approved by the Secretary of State. The bill did not make it out of committee. * Massachusetts--A bill now in committee, would impose a tax on nonprofits for "unrelated business taxable income Under the federal tax law, gross income reduced by adjustments and allowable deductions. It is the income against which tax rates are applied to compute an individual or entity's tax liability. The essence of taxable income is the accrual of some gain, profit, or benefit to a taxpayer. ." Income is defined by the IRS An abbreviation for the Internal Revenue Service, a federal agency charged with the responsibility of administering and enforcing internal revenue laws. , "as any trade or business performed by the nonprofit, which is not substantially related to its purpose." * Michigan--A bill that calls for increased penalties for anyone who embezzles money from a nonprofit is in committee. * Minnesota--A bill that requires nonprofits that receive state funds and that have employees whose salaries exceed that of the governor ($120,303), submit a list of salaries of the three highest paid employees to the state attorney general. The bill is in committee. * New Jersey--A bill that would allow charities that receive $25,000 or less in donations to file an annual verification statement rather than filing a complete registration statement. Charities that receive more than $10,000 per year would have to pay a $5 filing fee. The bill is in committee. A second bill would set a level of $150,000 in gross contributions, before a charity would have to submit an audited financial statement under the state's Charitable Registrations and Investigation Act. The bill is in committee. * New York--A measure would require nonprofits to have appraisals performed on its property before being permitted to sell it. The bill is in committee. A second bill would require nonprofits that use professional fundraisers or solicitors to disclose that information to donors along with the percentage of their contributions that would go to the fundraiser and what would go to the nonprofit. The fundraisers would also be required to disclose that information to donors. The bill is in committee. A third bill would provide protection against financial fraud and other abuses by officers of nonprofits. It would also prohibit pro·hib·it tr.v. pro·hib·it·ed, pro·hib·it·ing, pro·hib·its 1. To forbid by authority: Smoking is prohibited in most theaters. See Synonyms at forbid. 2. self-dealing The conduct of a trustee, an attorney, or other fiduciary that consists of taking advantage of his or her position in a transaction and acting for his or her own interests rather than for the interests of the beneficiaries of the trust or the interests of his or her clients. between an officer or director at nonprofits in certain cases. And, it would encourage nonprofit boards to appoint To designate, select, or assign authority to a position or an office. Although sometimes used interchangeably, elect and appoint do not have the same meaning. Election refers to the selection of a public officer by the qualified voters of the community, and appointment executive committees and audit committees. The bill is still in committee. * Nevada--A bill would require nonprofits that intend to solicit contributions to file a registration statement and financial report. The financial report may be the same as a Form 990 at the discretion of the Secretary of State. The bill is in committee. * North Carolina--A bill would require that nonprofits spend at least 65 percent of its budget on the charitable purpose that is the basis for its tax-exempt tax-ex·empt adj. 1. Not subject to taxation, as the capital or income of a philanthropic organization. 2. Producing interest that is exempt from income tax: tax-exempt bonds. n. status. The bill is in committee. * Pennsylvania--Certain nonprofits--such as, veterans, volunteer fire or ambulance am·bu·lance n. A specially equipped vehicle used to transport the sick or injured. ambulance Emergency medicine A vehicle for transporting a Pt to or from a hospital or medical center, which is equipped with supplies organizations--would be exempt from having to conduct an audit of its financial report as long as the nonprofit takes in less than $300,000 in annual contributions under a House bill. A similar Senate bill sets the threshold at $500,000. Both bills are in committee. * Texas--A House bill would require charities that have gross revenue of $250,000 or more to have their financial statements audited by an independent public accountant. A similar Senate bill would set the threshold at $500,000. Under both bills, the audit would have to be available to the state attorney general's office and the public. Additionally, an audit committee would have to be appointed by the charity. The Senate bill was approved while the House bill is in committee. |
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