HF 2119

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to charitable organizations; amending report 
  1.3             filing requirements; amending Minnesota Statutes 2000, 
  1.4             section 309.53, subdivisions 1, 2. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2000, section 309.53, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  Every charitable organization that is 
  1.9   required to file or that files a registration statement pursuant 
  1.10  to section 309.52 shall file an annual report with the attorney 
  1.11  general upon forms provided by the attorney general or on forms 
  1.12  identical thereto on or before June 30 July 15 of each year if 
  1.13  its books are kept on a calendar year basis, or within six 
  1.14  months after on or before the 15th day of the seventh month 
  1.15  following the close of its fiscal year if its books are kept on 
  1.16  a fiscal year basis.  For cause shown the attorney general may 
  1.17  extend the time for filing the annual report for a period not to 
  1.18  exceed three four months. 
  1.19     Sec. 2.  Minnesota Statutes 2000, section 309.53, 
  1.20  subdivision 2, is amended to read: 
  1.21     Subd. 2.  Such annual report shall include a financial 
  1.22  statement covering the immediately preceding 12-month period of 
  1.23  operation, shall be executed by any two duly constituted 
  1.24  officers of the charitable organization, and shall be executed 
  1.25  pursuant to resolution of the board of directors or trustees, or 
  2.1   if there be no such board, then by its managing group which has 
  2.2   approved the content of the annual report.  Except as provided 
  2.3   in section 309.55, subdivision 1, the annual report shall also 
  2.4   include a copy of all tax or information returns, including all 
  2.5   schedules and amendments, submitted by the charitable 
  2.6   organization to the Internal Revenue Service for the period 
  2.7   covered by the annual report except any schedules of 
  2.8   contributors to the organization.  If a charitable organization, 
  2.9   at the time of filing the state annual report, has been granted 
  2.10  a federal extension to file its federal information return/tax 
  2.11  return (form 990 or 990PF), the attorney general may permit the 
  2.12  charitable organization to file with its annual report a copy of 
  2.13  the federal extension and file the federal form with the state 
  2.14  when it is required to be filed with the federal government.  
  2.15  The attorney general may grant such permission provided that: 
  2.16     (1) the request is made not later than 30 days before the 
  2.17  date on which the materials would otherwise be due to the 
  2.18  attorney general; and 
  2.19     (2) if the charitable organization has already been granted 
  2.20  a three-month extension pursuant to subdivision 1, the 
  2.21  charitable organization demonstrates that, due to circumstances 
  2.22  beyond its control, it is not possible for the charitable 
  2.23  organization to comply within the period established by the 
  2.24  extension already granted. 
  2.25     A charitable organization which files the annual report 
  2.26  required under this subdivision with the attorney general is not 
  2.27  required to file the tax return with the commissioner of 
  2.28  revenue.  An organization which fails to file the annual report 
  2.29  on or before the date required or allowed under this section 
  2.30  shall pay a late fee of $50.  This late fee shall be in addition 
  2.31  to all other fees, costs, and penalties which may be imposed 
  2.32  pursuant to this section or section 309.57.  
  2.33     Sec. 3.  [EFFECTIVE DATE.] 
  2.34     This act is effective the day following final enactment.