New Jersey-2024-A4958-Introduced

An Act concerning exemptions from charitable organization registration requirements and amending P.L.1994, c.16.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 9 of P.L.1994, c.16 (C.45:17A-26) is amended to read as follows:

9. a. The registration requirements of this act shall not apply to any religious corporation, trust, foundation, association or organization incorporated under the provisions of Title 15 or 16 of the Revised Statutes or Title 15A of the New Jersey Statutes or established for religious purposes. Any agency or organization incorporated or established for charitable purposes and engaged in effectuating one or more charitable purposes, which is affiliated with, operated by, or supervised or controlled by a corporation, trust, foundation, association, or organization incorporated or established for religious purposes, or any other religious agency or organization shall also be exempt.

b. The registration requirements of this act shall not apply to any educational institution, the curriculums of which in whole or in part are registered or approved by the State Department of Education or the New Jersey Commission on Higher Education, either directly or by acceptance of accreditation by an accredited body recognized by these departments; an educational institution confining its solicitation of contributions to its student body, alumni, faculty and trustees, and their families; or a library registered by the State Department of Education, provided that the annual financial report of that institution or library shall be filed with the State Department of Education where it shall be open for public inspection.

c. The registration requirements of P.L.1994, c.16 (C.45:17A-18 et seq.) shall not apply to any charitable organization or organizations engaging in a charitable fund raising campaign which do not receive gross contributions in excess of $10,000 during a fiscal year, if all of its functions, including fund raising activities, are carried on by volunteers, members, officers or persons who are not compensated for soliciting contributions, except that if the gross contributions, whether or not all is received by any charitable organization during any fiscal year, are in excess of $10,000 the charitable organization shall, within 30 days after the date on which it shall have received the contributions, register with and report to the Attorney General as required by section 7 of P.L.1994, c.16 (C.45:17A-24);

d. A charitable organization that meets all of the following requirements shall be considered registered as required by this act:

(1) The charitable organization is a local unit of a parent organization which is registered pursuant to this act;

(2) The parent organization has provided all information concerning the local unit required by subsection e. of section 7 or subsection c. of section 8 of this act;

(3) All solicitations made by the local unit are made by members of the local unit or volunteers;

(4) The local unit does not employ a fund raising counsel or independent paid fund raiser or utilize paid staff in preparation of materials or records concerning or related to the solicitations; and

(5) (a) The local unit does not receive gross contributions in excess of $25,000 during the fiscal year; or

(b) The local unit is an organization that limits membership to persons who are or formerly were employed as officers statutorily authorized to enforce the criminal laws of this State.

e. Nothing in subsection d. of this section shall be construed to require a parent organization to register any or all of its local units.

f. The registration requirements of this act shall not apply to the following entities that perform their duties on a volunteer basis:

(1) A fire company organized pursuant to Title 15 of the Revised Statutes or Title 15A of the New Jersey Statutes or a part-paid or volunteer fire company or similar organization constituted in a fire district pursuant to N.J.S.40A:14-70.1;

(2) A non-profit corporation, association, or organization located in this State that is regularly engaged in providing emergency medical care, rescue services, or the transport of patients, including part-paid emergency service providers; and

(3) A veteran organization that qualifies as a section 501(c)(3) or 501(c)(19) tax-exempt organization under the Internal Revenue Code, or a federally chartered Veterans' Service Organization, providing programs, resources, or services that support New Jersey veterans.

(cf: P.L.2005, c.283, s.5)

2. This act shall take effect on the first day of the second month after enactment.

STATEMENT

This bill would exempt volunteer fire companies, emergency service providers, and veteran organizations from paying registration filing fees under the State's "Charitable Registration and Investigation Act."

Under current law, charitable organizations, other than religious organizations and schools, which raise over $10,000 in a fiscal year, are required to register as charitable organizations with the Division of Consumer Affairs in the Department of Law and Public Safety. These organizations are charged a fee for this registration.

Under the provisions of this bill, fire companies, nonprofit emergency service providers, and veteran organizations that perform their duties on a volunteer basis would be exempt from paying these filing fees.