Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 355--S.F.No. 607
           An act relating to state employees; authorizing the 
          deduction from salaries or wages of sums of money 
          designated by them for certain combined charitable 
          funds; amending Minnesota Statutes 1982, section 
          15.375, subdivision 2; proposing new law coded in 
          Minnesota Statutes, chapter 309; repealing Minnesota 
          Statutes 1982, section 15.375, subdivision 1.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 15.375, 
subdivision 2, is amended to read:  
    Subd. 2.  The commissioner of finance, upon the written 
request of a state officer or employee, may shall deduct each 
payroll period from the salary or wages of the officer or 
employee the amount specified therein in the written request for 
payment to the United Fund a registered combined charitable 
organization defined in section 2, and issue his warrant 
therefor in that amount to the United Fund that registered 
combined charitable organization.  
     Sec. 2.  [309.501] [REGISTERED COMBINED CHARITABLE 
ORGANIZATIONS.] 
     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
following terms have the meanings given them.  
     "Registered combined charitable organization" means an 
organization 
    (1) which is tax exempt under section 501(c)3 of the 
Internal Revenue Code of 1954, as amended through December 31, 
1980 (hereinafter "Internal Revenue Code"), and to which 
contributions are deductible under section 170 of the Internal 
Revenue Code;  
    (2) which secures funds for distribution to ten or more 
charitable agencies in a single, annual consolidated effort;  
    (3) which is governed by a voluntary board of directors 
which represents the broad interests of the public;  
    (4) which distributes at least 70 percent of its total 
collected income and revenue to the designated agencies it 
supports and expends no more than 30 percent of its total income 
and revenue for management and general costs and fund raising 
costs;  
    (5) and each designated agency supported by the recipient 
institution devotes substantially all of its activities directly 
to providing health, welfare, social, or other human services to 
individuals;  
    (6) and each designated agency supported by the recipient 
institution provides health, welfare, social, or other human 
services, in the community and surrounding area in which the 
recipient institution's fund drive takes place; and 
    (7) which has been registered with the commissioner of 
securities and real estate in the department of commerce in 
accordance with this section.  
    "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.  
    Subd. 2.  [DESIGNATED CONTRIBUTIONS.] A registered combined 
charitable organization may offer a state officer or employee 
the option of designating in writing that the amount deducted in 
section 1 be designated to any charitable agency, whether or not 
the charitable agency receives funds from the single, annual 
consolidated effort.  A registered charitable organization which 
offers this option shall provide a list of charitable agencies 
receiving funds and the amount each charitable agency receives 
in the annual report required pursuant to section 309.53.  
    Subd. 3.  [REGISTRATION.] An organization may apply to the 
commissioner of securities and real estate in the department of 
commerce as a registered combined charitable organization.  An 
organization which applies to the commissioner shall provide the 
commissioner with all information the commissioner deems 
necessary to identify the charitable and tax exempt status of 
the organization and its compliance with the provisions of this 
chapter.  
    A registered combined charitable organization shall 
disclose in its solicitation and its annual report filed under 
section 309.53:  
    (a) gross dollars received in contributions in the prior 
year;  
    (b) names of and amount of money distributed to each 
charitable agency by the combined charitable organization;  
    (c) percentage of gross dollars contributed which was 
directly received by the charitable agencies; and 
    (d) projected percentage of the contribution to be received 
by the charitable agencies in the year for which the 
solicitation is being made.  
    If participating charitable agencies are required to pay 
any fees to the combined charitable organization, it shall also 
be disclosed in the solicitation and annual report.  In the 
annual report the combined charitable organization shall include 
a list of charitable agencies to which donors specifically 
designated funds, and the amount designated to each agency. 
Notwithstanding section 309.53, subdivision 1a, each charitable 
agency shall file the report required in section 309.53.  The 
commissioner shall consult with the attorney general to 
determine if the combined charitable organization and its 
charitable agencies are in compliance with chapter 309.  The 
commissioner shall register or not register the application of 
an organization within 60 days.  No organization may apply to 
the commissioner more than once in a 12-month period. Registered 
combined charitable organizations shall file the report required 
in section 309.53.  The commissioner shall notify the 
commissioner of finance in writing of his decision to register 
an organization under this section.  
    Sec. 3.  [309.502] [RULES.] 
    The commissioner shall promulgate rules to implement the 
provisions of sections 1 and 2.  The rules shall not require the 
modification of any existing payroll deduction fund drive for 
state employees previously authorized by section 15.375, 
subdivision 1.  
    Sec. 4.  [REPEALER.] 
    Minnesota Statutes 1982, section 15.375, subdivision 1, is 
repealed. 
    Approved June 14, 1983