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Advocacy/Public Education

Through its advocacy and public education activities, the Center promotes sound policies and partnerships to help non-profits achieve their missions more effectively.

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Stay up to date on the latest advocacy news!! Sign up for the Center's e-mail list for timely information about advocacy issues, workshops, and other items of interest to the non-profit sector. E-mail us at center@njnonprofits.org and request to be added to the list, or sign yourself up by clicking here Center Sign-Up Form. (We never share the e-mail list.)


Nonprofits, Elections and the Recent Supreme Court Decision

Posted 1/27/10

The recently issued U.S. Supreme Court decision in Citizens United v. Federal Election Commission (decided January 21, 2010), has caused some confusion regarding important legal distinctions between different types of “nonprofits” that exist, or with the differences between federal election laws that the Court changed and tax laws that the Court did NOT change.

Be aware that the Citizens United ruling DOES NOT CHANGE the existing ban on electioneering and partisan political activity for 501(c)(3) organizations. 501(c)(3) organizations are still strictly prohibited from engaging in partisan political activity or from directly or indirectly intervening in any campaign in support of or opposition to, a candidate for public office.

To make sure nonprofits are aware of their full legal rights – and limitations – when it comes to participating in elections, the we would like to call to your attention a brief analysis prepared by the National Council of Nonprofits to help 501(c)(3) nonprofits better understand what the Citizens United ruling means for them.

The Center for Non-Profits and the National Council of Nonprofits want to be sure that nonprofit leaders know not only what 501(c)(3) charities cannot do, but also what we can do. (Note: Members of the Center for Non-Profits are automatically members of the National Council of Nonprofits.)

For the National Council article, visit http://www.councilofnonprofits.org/citizens-united-decision .

For additional analysis about the Supreme Court’s decision, see this fact sheet from the Alliance for Justice: http://www.afj.org/assets/resources/citizens_united_fact_sheet.pdf .


Governor Releases Transition Team Reports
posted 1/25/10
On Friday, January 22, 2010, Governor Christie released the reports and recommendations of his transition team and subcommittees, covering the departments, agencies and authorities of the state. The press announcement can be viewed at http://www.state.nj.us/governor/news/news/55_2010/approved/20100122a.html , and the reports can be downloaded at http://www.state.nj.us/governor/news/news/55_2010/approved/20100122a_reports.html .


IRS Policy

ALERT!! Beginning in May 2010, organizations that are required to file Form 990, Form 990-EZ, Form 990-N (E-postcard) or Form 990-PF (private foundations) and have failed to do so for 3 consecutive years will have their exempt status revoked by the IRS. MOST NON-PROFITS ARE SUBJECT TO THESE REQUIREMENTS. If exempt status is revoked, the only way to reinstate it will be to reapply for tax exemption. Click here to go to the IRS' Form 990 filing requirements summary page

Revised IRS Form 990

IRS Annual E-Postcard Requirement for Small Organizations

IRS Guidance on Partisan Political Activities for 501(c)(3) Organizations


2009 New Jersey Non-Profit Economic Trends Update
posted 10/13/09
click here for the full report
click here for the press release

The economy is continuing to take its toll on New Jersey non-profits, and the short-term outlook is not encouraging, according to an updated survey conducted by the Center for Non-Profits. New Jersey Non-Profit Economic Trends Update is the latest in a series of surveys by the Center to gauge trends, experiences and projections of New Jersey non-profit organizations.

As a follow-up to its Spring 2009 New Jersey Non-Profit Sector Issues and Trends Survey, the Center conducted the latest survey online in mid-September 2009 to assess how non-profits fared during the first eight months of this year, and to determine their outlook for the remainder. For more information about the newest survey, read the Fall 2009 press release and full Fall 2009 survey report.

The Center for Non-Profits will continue to gather and disseminate information regarding how non-profits are faring in the current economic and social environment, and what can be done to address emerging trends.


Resource Page: Non-Profits and the Economy

Visit this page for links to resources related to New Jersey non-profits, the economic downturn and the federal American Recovery & Reinvestment Act of 2009 (commonly referred to as the economic stimulus bill). Updated information will be posted on the Center for Non-Profits' Web site at www.njnonprofits.org/economy.html, so check back regularly.

 


NEW! UPMIFA Law Will Provide More Flexibility for Charity Endowments
Legislation to provide relief to charities whose endowment funds have eroded in value due to the recession was signed into law by Governor Corzine on June 10, 2009. S-2583 (Codey/Ruiz)/A-3871 (Deignan/McKeon), the Uniform Prudent Management of Institutional Funds Act (UPMIFA), provides additional discretion to charities to spend their endowments as long as certain conditions are met. more information


Results of the Spring 2009 NJ Non-Profit Issues and Trends Survey
posted 3/9/09
click here for the full report
click here for the press release

New Jersey non-profits are feeling the effects of the economic downturn, rising demand for services and drastically shrinking pools of funding, according to a survey conducted by the Center for Non-Profits. New Jersey Non-Profits 2009: Trends and Outlook is the latest in a series of annual surveys by the Center to gauge trends, experiences and projections of New Jersey non-profit organizations.

This report presents the findings of the Center for Non-Profits' 2009 New Jersey Non-Profit Sector Issues and Trends Survey. The survey provides further evidence of the toll that the current climate is taking on the charitable community. For more information, read the press release and full survey report.

The Center for Non-Profits will continue to gather and disseminate information regarding how non-profits are faring in the current economic and social environment, and what can be done to address emerging trends.


National "Listening Post" Survey on Nonprofit Capital and Construction Projects

In February 2009, we asked our members to provide input about the various “shovel ready” construction projects nonprofits have on hold that could help the nation’s recovery/investment efforts by generating both immediate jobs and long-term facilities that could benefit communities for decades. This outreach was part of a national effort conducted in in partnership with the National Council of Nonprofits and the Listening Post Project, run by Lester Salamon of the Johns Hopkins Center on Civil Society Studies.

Read the New Jersey highlights here.

For the national report, visit www.jhu.edu/listeningpost/news/pdf/shovel-ready%20communique_FINAL.pdf


NJ Paid Family Leave Signed into Law

Legislation to provide for paid family leave was signed into law by Governor Corzine on May 2, 2008. A-873 (Albano/Oliver)/S-786 (Sweeney/Buono) will extend Temporary Disability Insurance (TDI) regulations to allow employees to take up to 6 weeks of time off to care for sick family members, newborn babies or newly adopted children. The new law took effect January 2009. more information


Non-Profits CAN Lobby! - Think public charities can't be active in public policy? Think again! Click here for an overview of the IRS regulations governing lobbying by 501(c)(3) public charities.



Charities and Elections - There are a variety of legitimate activities that charities can undertake in an election year to advance their policy goals and encourage civic participation. This article presents a basic overview of some of the key factors and presents some important do's and don'ts for public charities. (PDF format)



Updated! New Jersey's Non-Profit Sector: An Economic Force, 2009-10 Edition
This concise pamphlet uses clear graphs, tables and text to draw a picture of New Jersey's non-profit community -- its size, geographic distribution, needs, strengths. Our sector IS an economic force, building a better New Jersey every day.
Download for free
New Jersey's Non-Profit Sector: An Economic Force

Did you know that the more than 31,000 501(c)(3) non-profits in New Jersey:

  • Employ more than 288,000 people?
  • Put over $33 billion of expenditures into the economy?
  • Channel the energy and creativity of over 1.5 million volunteers?

    Read An Economic Force - 2009-2010 Edition, available here in PDF format (Adobe Acrobat Reader required) or contact us to have a hard copy mailed to you. Share it with your staff, board, funders, volunteers…

    This update made possible thanks to the generous support of PSEG.

    E-Filing of Form 990s

    Advantages of e-filing include: efficiency, accuracy, peace of mind, greater ease in multi-state filing, sustainability of the sector, and strengthening public trust.

    A new Web site serves as a one-stop source for information about the changes, how to, which software supports e-filing, and more! Read the details


    New Requirements for all federal grant applications:
    DUNS number needed, click here to read the details.

    "Do Not Fax" Rules
    Rules requiring express signed consent before faxing a variety of types of materials APPLY to non-profits, and to non-profits faxing to their members. Click here to find out how this applies to you.


    Just What is a Non-Profit, Anyway? -- An overview of some of the more common types and classifications of non-profit and exempt organizations.


    Public Policy Archives:



    New Jersey Non-Profits at the Crossroads

    Click here for the New Jersey Town Hall Report
    From meetings held in April-May 2008 in:
    Vineland, Hamilton, New Brunswick, Wall, Newark and Morristown


    VICTORY!!
    GOVERNOR SIGNS PAY-TO-PLAY BILL INTO LAW

    On January 13, 2008, Governor Corzine signed into law legislation, S-3025 (Lesniak/Kyrillos)/A-4660 (Quigley/Cryan), to clarify that the pay-to-play disclosure laws do not apply to non-profit entities. The new law, P.L. 2007, c. 304, takes effect immediately.

    As a result of this legislation, non-profits who contract with government agencies are no longer required to file annual disclosure statements with the Election Law Enforcement Commission (ELEC) regarding individual campaign contributions made by their directors, officers, trustees and respective spouses. Non-profits are also exempt from the requirement that similar disclosures be made with the government contracting agency prior to execution of a given contract.

    Comments/Next Steps: The Center for Non-Profits has long argued that because 501(c)(3) organizations cannot legally be involved in partisan activities and because individuals' campaign contribution is already publicly available, the pay-to-play disclosure regulations are especially onerous and potentially damaging to charities. S-3025/A-4660 will provide needed relief for charities from the administrative burdens of the disclosure requirements, while political contributions information for individuals will continue to be accessible to the public.

    Please take one more moment to thank the government leaders who made this legislation happen. They include the bill sponsors, Senators Raymond Lesniak, Senator Joseph Kyrillos, Assemblywoman Joan Quigley and Assemblyman Joseph Cryan; Governor Corzine; and your own legislator if s/he voted for the bill. Voting records are available from the NJ Legislature's Web site at www.njleg.state.nj.us (because the 2008-09 legislative session has already begun, you'll need to search the 2006-2007 bill database for S3025; call the Center if you need help finding out how your legislators voted).

    NOTE TO ORGANIZATIONS THAT HAVE ALREADY COMPLETED THE ONLINE FILING: If your non-profit has already completed the ELEC online filing and would like to rescind the filing so that your information will not be made public on the ELEC web site, you may submit a written request to ELEC to have your "Business Entity" information withdrawn. Your request should be addressed to ELEC's "Special Programs" office and may be faxed to: 609-292-4238 or mail to "Special Programs, Election Law Enforcement Commission, P.O. Box 185, Trenton, New Jersey, 08625-0185." In the letter, you must indicate the exact name of the organization that filed the report and state: "I am a nonprofit entity and I do not wish to have my 'Business Entity' Form disclosed." You should still retain your paper records, as well as an electronic copy of the Form BE that you originally filed.

    The text of S-3025 is available at www.njleg.state.nj.us/2006/Bills/s3500/3025_i1.pdf . For more information, contact the Center.

    Thank you for your strong advocacy for this important legislation! Your contacts were crucial to the success of this effort!


    NJ Lobby/Ethics Reform Update
    The New Jersey Legislature has taken a variety of actions designed to make the appropriations process more accountable and transparent. On February 26, 2007, Senate President Richard Codey issued new rules governing the process for requesting line item additions to the budget (so-called "Christmas Tree" items). Legislation that would require registered lobbyists to report on the specific appropriations items that they are advocating in the budget was signed into law in 2007, as were bills to bar the distribution of campaign funds to charities in which the candidate or a member of his/her immediate family is a paid employee, director, officer or receives compensation for goods. more information

    NJ Charities Registration Regulations Adopted
    On December 18, 2006, the New Jersey Department of Law and Public Safety, Division of Consumer Affairs, Charities Registration Division adopted final regulations implementing portions of the revised "Charitable Registration and Investigation Act" which was signed into law January 8, 2006. Although the regulations were published in December, many key provisions in the Act took effect on July 9, 2006. more information


    Charitable Immunity Bill Signed into Law
    On January 5, 2006, Governor Codey signed into law S-540, which makes New Jersey's Charitable Immunity Act inapplicable in lawsuits alleging negligent hiring, supervision or retention of an "employee, agent or servant" that resulted in a sexual offense being committed against a person under the age of 18. The new law (P.L. 2005, c. 264), which takes effect immediately, includes a retroactivity provision which allows plaintiffs whose suits are still somewhere in the judicial process (including those on appeal) to proceed without the charitable immunity defense being available to the organization. It will also apply in cases where the statute of limitations for filing had not yet expired as of January 5, 2006.

    For the final version of S-540, go to www.njleg.state.nj.us/2004/Bills/S1000/540_R2.PDF (PDF format) or www.njleg.state.nj.us/2004/Bills/S1000/540_R2.HTM (HTML format) .


    ELEC Issues Final Regulations Governing NJ Lobbyist Registration and Reporting
    The New Jersey Election Law Enforcement Commission (ELEC) has published final regulations covering the registration and reporting of governmental affairs agents, including non-profits. The regulations take effect January 1, 2006. For highlights of the new provisions of most significance to charities, see the Center's article at www.njnonprofits.org/ELECFinalRegsSummary12132005.pdf .


    Property Tax Survey - Thank you!
    The Center for Non-Profits was invited to testify at the September 7, 2006, meeting of the Joint Legislative Committee on Constitutional reform, which is one of several special legislative committees examining property tax reform in New Jersey. Our thanks to those of you who responded to our online survey regarding non-profits and property tax exemptions. Stay tuned for more information about this issue.


    DCA Issues Important Clarification Regarding Pay to Play

    Letter regarding contract eligibility will help many non-profits with county / local government contracts

    A communication issued May 18, 2007, by the New Jersey Department of Community Affairs (DCA) suggests that non-profits which do not contribute to political campaigns will NOT be endangering their eligibility for county and local government contracts, even if their trustees, directors, officers, employees or spouses made campaign contributions on an individual basis. more information


    10/27/05 House Passes Housing Bill WITH Anti-Advocacy Provisions

    On October 26, 2005, H.R. 1461 passed the House of Representatives WITH anti-advocacy language intact. Under the bill in current form, non-profits would be ineligible from appling for new federal housing funds if they engaged in a variety of nonpartisan activities, even with private funds.
    more information


    9/12/05 Senate Postpones Estate Tax Vote

    The U.S. Senate has posponed a vote on legislation to permanently repeal the estate tax. In light of the the Senate's current agenda, which includes Gulf Coast recovery from Hurricane Katrina and confirmation proceedings for Supreme Court Chief Justice nominee John Roberts, it is unclear when and if a vote will be rescheduled on the matter. The U.S. House of Representatives voted in April 2005 to permanently repeal the estate tax.
    Click here for background on the House action.


    10/05 U.S. Senate Finance Committee Eyes Charity/Foundation Reforms - The U.S. Senate Finance Committee has placed a high priority on enacting legislation designed to curb perceived abuses and promote best practices by charities and private foundations. Click here for a summary of the initial Committee staff proposals. The Center and the Council of New Jersey Grantmakers presented a special policy briefing in Trenton on October 19, 2003.


    4/02/04 Non-Profit Advocacy, Voter Education Activities at Risk!
    Click here to read about FEC proposals which may drastically alter charitable non-profits' advocacy efforts.

    07/31/03 AMERICORPS Funding
    Efforts to secure additional federal funds to offset deep cuts in the Americorps program were defeated in the U.S. House of Representatives July 25. Click here to read more.

    07/03 Estate Tax
    - In June, the U.S. House of Representatives, as expected, passed H.R. 8, a bill to make permanent the repeal of the estate tax. The measure now moves to the Senate, where it is unlikely to generate the 60 votes needed for passage under Senate budget rules. The Center has long opposed efforts to repeal the estate tax because we feel that repeal would have detrimental consequences for vital programs and charitable bequests. New Jersey's two U.S. Senators are also on record as opposed to repeal. We will keep you informed of new developments as they occur.

    12/10/01 U.S. Senate Charitable Incentives Compromise -- Negotiations around a charitable tax incentives package are continuing between Senate leaders and the White House. Contacts with Senator Robert Torricelli, a Senate Finance Committee member, are needed to support these efforts.

    6/05/01Congress Passes Estate Tax Repeal -- The U.S. Congress has passed sweeping tax cut legislation, which includes a gradual repeal of the federal estate tax. Click here for an overview of the major estate tax provisions.

    5/14/01Oppose Estate Tax Repeal -- The U.S. Senate has begun debate on legislation to repeal the estate tax. Complete repeal could have significant negative repercussions for non-profit organizations. Click here for an update of the latest Congressional negotiations and what you can do to oppose complete repeal.

    VA-HUD Update: Good News for Non-Profits (posted 10/13/99)

    Senate Passes Federal VA-HUD Appropriation WITH Non-Profit Advocacy Restrictions (posted 9/27/99)

    Federal VA-HUD Appropriation Threatens Non-Profit Advocacy (posted 9/24/99)

    New Jersey Fund Raising Regulations Proposed (posted 1/14/99)

    Bill Would Streamline NJ Charitable Registration Renewals for Small Groups (posted 1/14/99)

    Non-Profit Postal Rate Increases Loom (posted 10/15/98)

    NJ Bill Would Ease Sharing of Job References (posted 10/15/98)

    House Does Not Pass Anti-Advocacy Bill (posted April 1, 1998)

    ALERT! House Abruptly Changes Schedule - Will vote on H.R. 3485 Monday, March 30 (posted March 30, 1998)

    Update on Campaign Finance/Anti-Advocacy Bill - Vote Postponed on H.R. 3485 until at least March 31 (posted March 27, 1998)

    ALERT! Anti-Advocacy Provision in Campaign Finance Reform Bill - House Could Vote March 26 (posted March 24, 1998)

    A Word about the Presidents' Summit for America's Future by former Center President/CEO Elliott Lee

     

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