HF 993

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to charitable organizations; adjusting a requirement that financial
statements submitted to the attorney general by charitable organizations be
audited; amending Minnesota Statutes 2008, section 309.53, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 309.53, subdivision 3, is amended to read:

Subd. 3.

Financial statement requirements.

The financial statement shall include
a balance sheet, statement of income and expense, and statement of functional expenses,
shall be consistent with forms furnished by the attorney general, and shall be prepared in
accordance with generally accepted accounting principles so as to make a full disclosure
of the following, including necessary allocations between each item and the basis of
such allocations:

(a) total receipts and total income from all sources;

(b) cost of management and general;

(c) program services;

(d) cost of fund-raising;

(e) cost of public education;

(f) funds or properties transferred out of state, with explanation as to recipient and
purpose;

(g) total net amount disbursed or dedicated within this state, broken down into total
amounts disbursed or dedicated for each major purpose, charitable or otherwise;

(h) names of professional fund-raisers used during the accounting year and the
financial compensation and profit resulting to each professional fund-raiser; and

(i) a list of the five highest paid directors, officers, and employees of the organization
and its related organizations, as that term is defined by section 317A.011, subdivision 18,
that receive total compensation of more than $50,000, together with the total compensation
paid to each. Total compensation shall include salaries, fees, bonuses, fringe benefits,
severance payments, and deferred compensation paid by the charitable organization and
all related organizations as that term is defined by section 317A.011, subdivision 18.

Unless otherwise required by this subdivision, the financial statement need not be
certified.

A financial statement of a charitable organization which has received total revenue
in excess of deleted text begin $350,000 deleted text end new text begin $750,000 new text end for the 12 months of operation covered by the statement
shall be accompanied by an audited financial statement prepared in accordance with
generally accepted accounting principles that has been examined by an independent
certified public accountant for the purpose of expressing an opinion. In preparing the audit
the certified public accountant shall take into consideration capital, endowment or other
reserve funds, if any, controlled by the charitable organization. For purposes of calculating
the deleted text begin $350,000 deleted text end new text begin $750,000 new text end total revenue threshold provided by this subdivision, the value
of donated food to a nonprofit food shelf may not be included if the food is donated for
subsequent distribution at no charge, and not for resale.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end