N.J. Admin. Code § 17:28-2.8

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:28-2.8 - Application form for charitable fund-raising organizations to be submitted electronically

(a) The Campaign Manager shall prepare an application form for charitable fund-raising organizations wishing to participate on the Campaign/Campaign Steering Committee and shall advertise, using the Internet or other contact mechanisms, to notify that applications are being accepted for charitable agencies wishing to participate in the Campaign at least 30 days prior to the application due date.

(b) In addition to the completed application form, all applicants must certify:

1. With respect to the requirements set forth in N.J.S.A. 52:14-15.9c 7(a), 15.9c7(b) and 15.9c7(c), an Internal Revenue Service Letter of Determination or other proof from the Internal Revenue Service that the applicant:

i. Is exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code;

ii. Qualifies for tax deductible contributions under section 170(b)(1)(A)(vi) or (viii) of the Internal Revenue Code; and

iii. Is not a private foundation as defined in section 509(a) of the Internal Revenue Code.

2. With respect to the requirements set forth in N.J.S.A. 52:14-15.9e, CRI 200 or CRI 1501, which demonstrate that the organization raised, in each of its two fiscal years preceding its application to participate in a Campaign, at least $ 35,000 from individual citizens of New Jersey;

3. With respect to N.J.S.A. 52:14-15.9f, CRI 200 or CRI 1501, which demonstrate that the organization raised at least $ 60,000 and either (b)3i or ii below.

i. If a federation, distributed that sum among a minimum of 15 affiliated charitable agencies in each of its two fiscal years, preceding its application to participate in a State Campaign; or

ii. If a fund, distributed that sum among a minimum of 15 charitable agencies in each of its two fiscal years preceding its application to participate in a State Campaign;

4. A copy of the organization's Internal Revenue Service form 990 signature page, revenue page, and expenses page for each of the organization's two fiscal years preceding its application;

5. Documentary evidence that the organization is registered or exempt from registration pursuant to the provisions of Title 15 of the Revised Statutes or Title 15A of the New Jersey Statutes and the Charitable Registration and Investigation Act, 45:17A-18 et seq.;

6. A statement affirming that the organization is currently in full compliance with the Charitable Registration and Investigation Act, N.J.S.A. 45:17A-18 et seq., and implementing rules at N.J.A.C. 13:48 and has been for the fiscal year preceding and to the date when its application is submitted;

7. Certification that the organization was audited in accordance with generally accepted accounting principles by an independent certified public accountant for each of the organization's two fiscal years preceding its application;

8. A copy of the organization's annual report (or other document that fully describes the organization's activities and accomplishments and provides the names of chief administrative personnel) for each of the organization's two fiscal years preceding its application;

9. A statement affirming that the organization is directed by a governing body whose members have no material conflict of interest in their service on the governing body, and list of the members of the governing body and the identification of its officers;

10. A list from a federation or a fund as follows:

i. In the case of a federation, a list of at least 15 affiliated charitable agencies to which it expects to give funds received in the Campaign, and a description of the health, welfare or human care services that each provides; or

ii. In the case of a fund, a list of at least 15 charitable agencies to which it expects to give funds received in the Campaign, and a description of the health, welfare or human care services that each provides;

11. A statement affirming that the charitable fund-raising organization will give funds to at least 15 charitable agencies in the Campaign, which for a federation must be affiliated charitable agencies, and that each of the organization's charitable agencies or affiliated charitable agencies, as the case may be, is:

i. Registered pursuant to the provisions of Title 15 of the Revised Statutes or Title 15A of the New Jersey Statutes and in full compliance with the "Charitable Registration and Investigation Act," 45:17A-18 et seq., except for an agency exempt from registration under the law; and

ii. Engaged in the provision of health, welfare or human care services; and

12. A statement affirming that the organization will be represented at meetings of the Campaign Steering Committee and providing the name of the representative.

(c) The application may also require any general background information of the applicant charitable fund-raising organization which may aid the State Treasurer in his or her determination of an organization's eligibility.

(d) Those wishing to receive an application may do so by downloading a copy from the New Jersey Employee Charitable Campaign website or contacting the Campaign Manager's office.

(e) Charitable fund-raising organizations, which were found eligible to participate on the Campaign Steering Committee for Campaign immediately prior to the Campaign being applied for, shall be required only to submit to the State Treasurer its most recent information which shall specifically update the requirements of (b) above.

(f) In order to meet its application requirements for local units of government, each charitable fund-raising organization found eligible to participate in the State Campaign Steering Committee need only submit to the local Campaign Steering Committee, along with its request to participate in the local Campaign, the letter of the State Campaign Steering Committee so stating eligibility to participate in the State Campaign. Charitable fund-raising organizations, which participated on the local Campaign Steering Committee for the immediately preceding Campaign and which do not participate on the State Campaign Steering Committee need only submit the most recent information to update the information required in (b) above.

N.J. Admin. Code § 17:28-2.8

Adopted by 49 N.J.R. 3436(b), effective 10/16/2017