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SF 1597

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to state employees; streamlining the registration process for organizations
to participate in the state employee combined charities campaign; amending
Minnesota Statutes 2006, sections 16A.134; 43A.04, subdivision 13; proposing
coding for new law in Minnesota Statutes, chapter 43A; repealing Minnesota
Statutes 2006, section 309.501.

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

Section 1.

Minnesota Statutes 2006, section 16A.134, is amended to read:


16A.134 CHARITABLE ORGANIZATIONS PAYROLL DEDUCTIONS.

An employee's contribution to a registered combined charitable organization defined
in section new text begin43A.50 new text endmay be deducted from the employee's pay. On the employee's
written request, the commissioner shall deduct a requested amount from the pay of the
employee for each pay period. The commissioner shall issue a warrant in that amount to
the specified organization.

Sec. 2.

Minnesota Statutes 2006, section 43A.04, subdivision 13, is amended to read:


Subd. 13.

Combined charities campaign.

(a) The commissioner shall administer
the state employee combined charities campaign. This duty includes registration of
combined charitable organizations under section deleted text begin309.501deleted text endnew text begin 43A.50new text end, and coordination
deleted text begin and administrationdeleted text end of the process under which state employees contribute to combined
charitable organizations.

(b) The commissioner, in consultation with other commissioners, shall appoint
a voluntary board of state employees to oversee the conduct of an annual combined
charities campaign. The board must, to the extent possible, represent a cross-section of
state employee groups and geographic areas where state employees are located. The
board shall provide direction to the commissioner's employee assigned to administer
the annual campaign deleted text beginand shall approve any expenditure of state funds appropriated for
purposes of this subdivision
deleted text end.

Sec. 3.

new text begin [43A.50] STATE EMPLOYEE COMBINED CHARITIES CAMPAIGN
REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Registered combined charitable organization" means a federated funding
organization:
new text end

new text begin (1) which is tax exempt under section 501(c)3 of the Internal Revenue Code of 1986,
as amended through December 31, 1992 (hereinafter "Internal Revenue Code"), and to
which contributions are deductible under section 170 of the Internal Revenue Code;
new text end

new text begin (2) which is properly registered with the attorney general of Minnesota to solicit
contributions in Minnesota;
new text end

new text begin (3) which secures funds through the state employee combined charities campaign
for distribution to 14 or more affiliated agencies, each of which must devote substantially
all of its activities to providing health, welfare, social, or other services that benefit
individuals in Minnesota and contiguous counties;
new text end

new text begin (4) which is governed either by an independent, voluntary board and at least 90
percent of the directors of the governing board live or work in Minnesota or contiguous
counties or, if the charitable agencies are solely educational institutions which meet the
requirements of paragraph (c), by a national board of directors that has a local advisory
board composed of members who live or work in Minnesota or contiguous counties;
new text end

new text begin (5) which expended no more than 30 percent of total contributions received in
the organization's accounting year last reported for management and general costs and
fund-raising costs;
new text end

new text begin (6) which distributed at least 70 percent of total contributions received in the
organization's accounting year last reported to affiliated agencies, programs, and
designated agencies in Minnesota and contiguous counties or, if the charitable agencies are
solely educational institutions which meet the requirements of paragraph (c), distributes at
least 70 percent of the state employee combined charitable campaign income and revenue
directly to Minnesota residents or schools using established eligibility criteria; and
new text end

new text begin (7) which has been registered with the commissioner of employee relations in
accordance with this section.
new text end

new text begin Registered combined charitable organization includes a charitable organization
organized by Minnesota state employees and their exclusive representatives for the
purpose of providing grants to nonprofit agencies providing Minnesota residents with
food or shelter if the charitable organization meets the requirements of clauses (1), (2),
(4), (5), (6), and (7).
new text end

new text begin (c) "Affiliated agency" means a charitable agency that is represented by a federation
and has an ongoing relationship with that federation which involves a review and
monitoring process to ensure financial, managerial, and programmatic responsibility.
new text end

new text begin (d) "Charitable agency" means a governmental agency or an organization (1)
which is tax exempt under section 501(c)3 of the Internal Revenue Code; (2) to which
contributions are deductible under section 170 of the Internal Revenue Code; and (3)
which is in compliance with the provisions of this chapter.
new text end

new text begin (e) "State employee combined charities campaign" means the annual state campaign
that allows a state employee to authorize payroll deduction for the employee's contribution
to a registered combined charitable organization, pursuant to section 16A.134.
new text end

new text begin (f) "Management and general costs" means costs as defined in section 309.50,
subdivision 11.
new text end

new text begin (g) "Fund-raising costs" means costs as defined in section 309.50, subdivision 12.
new text end

new text begin (h) "Contiguous counties" means counties in Iowa, North Dakota, South Dakota, and
Wisconsin that share a border with Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Registration. new text end

new text begin (a) A federated funding organization shall apply to the
commissioner of employee relations by March 1 in order to be eligible to participate in the
state employee combined charities campaign for that year.
new text end

new text begin (b) A federated funding organization must apply in the form prescribed by the
commissioner of employee relations and shall provide the following:
new text end

new text begin (1) assurance of tax exempt status for the federated funding organization and each of
the charitable agencies identified by the federated funding organization as an affiliated
agency;
new text end

new text begin (2) assurance of proper registration with the attorney general of Minnesota to solicit
contributions in the state of Minnesota for the federated funding organization and each of
the charitable agencies identified by the federated funding organization as an affiliated
agency. A copy of the registration letter in effect at the time of application for the state
employee combined charities campaign must be available upon request;
new text end

new text begin (3) an affidavit signed by a duly constituted officer of the federated funding
organization attesting to the fact that the federated funding organization and its affiliated
agencies are in compliance with each of the provisions of this section;
new text end

new text begin (4) a list of the board of directors or local advisory board for the federated funding
organization which identifies the members who live or work in Minnesota and contiguous
counties;
new text end

new text begin (5) a list of the name and business address of each affiliated agency the federated
funding organization supports;
new text end

new text begin (6) a list of any related organizations, as defined in section 317A.011, subdivision 18;
new text end

new text begin (7) the total contributions received in the organization's accounting year last
reported and, from those contributions, the amounts expended by the federated funding
organization for management and general costs and for fund-raising costs and the amount
distributed to the affiliated agencies, programs, and designated agencies it supports; and
new text end

new text begin (8) a fee of $100, or ten percent of the funds raised from state employees in
the previous campaign, whichever is less. The fee for an organization which did not
participate in the previous year's state employee campaign is $100.
new text end

new text begin The commissioner may require submission of additional information needed to
determine compliance with the provisions of this chapter.
new text end

new text begin (c) The commissioner shall register or not register the application of an organization
and shall notify the organization of the decision by May 1. An organization whose
application is denied has ten calendar days after receiving notice of the denial to appeal
the decision or file an amended application correcting the deficiency. The commissioner
shall register or not register the organization within ten calendar days after receiving the
appeal or amended application. If registration is denied a second time, the organization
may appeal within five calendar days after receiving notice of the denial. A hearing shall
be scheduled by the commissioner of employee relations and shall be held within 15
calendar days after receiving notice of the appeal. The parties may mutually agree to a
later date. The provisions of chapter 14 do not apply to the hearing. The hearing shall be
conducted in a manner considered appropriate by the commissioner. The commissioner
shall make a determination within five calendar days after the hearing has been completed.
new text end

new text begin (d) Only organizations that are approved may participate in the state employee
combined charities campaign for the year of approval and only contributions to approved
organizations may be deducted from an employee's pay pursuant to section 16A.134. By
July 15, the commissioner of employee relations shall notify the commissioner of finance
in writing of the organizations registered under this section.
new text end

new text begin Subd. 3. new text end

new text begin Related organization. new text end

new text begin No two federated funding campaigns that are
related organizations, as defined in section 317A.011, subdivision 18, may participate
simultaneously in the state employee combined charities campaign.
new text end

new text begin Subd. 4. new text end

new text begin Optional designations. new text end

new text begin A registered combined charitable organization
may offer the option of designating in writing that the amount deducted in section 16A.134
be designated to any charitable agency whether or not the charitable agency receives funds
from the single, annual consolidated effort.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 309.501, new text end new text begin is repealed.
new text end