N.Y. Comp. Codes R. & Regs. tit. 9 § 335.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 335.2 - Definitions

(a) Annual solicitation campaign. The exclusive solicitation of charitable contributions from State employees and distribution of those contributions, authorized pursuant to section 201 of the State Finance Law and this Part, to be conducted on or within the premises of their employment within each campaign area. The annual solicitation campaign shall be conducted in the four-month period of September through December in order to obtain voluntary donations for the ensuing year of distribution. The term annual solicitation campaign includes all campaigns.

(b) Bargaining unit representatives. Public employees of the State and members of collective negotiating units as defined by the Taylor Law (Civil Service Law, article 14).

(c) Campaign. The annual solicitation campaign conducted within a campaign area.

(d) Campaign area. The area comprised of the county or group of counties containing the State governmental premises where the federated community campaign, under the general direction of the local SEFA committee, conducts an annual solicitation campaign.

(e) Charitable organization. An organization that provides health, welfare or recreational services and is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code and is registered with the Attorney General pursuant to article 7-A of the Executive Law or section 8-1.4 of the Estates, Powers and Trusts Law or is exempt from such registration. A federation of charitable organizations is a charitable organization within the meaning of this subdivision if each of its constituent organizations is a charitable organization.

(f) Commissioner. The Commissioner of General Services.

(g) Comptroller. The Comptroller of the State of New York.

(h) Constituent organization. A charitable organization that receives or has received funds from a federation of charitable organizations.

(i) Direct public support, indirect public support, management and general, fundraising, total revenue and program services are terms set out in the IRS forms 990, 990EZ and 990PF definitions and instructions described at 13 NYCRR 94.2 "Guidelines for annual financial reports of charitable entities."

(j) Employee participant. An employee of the State who is a member of a local SEFA committee or statewide SEFA council described in these regulations or participates in an annual solicitation campaign in any capacity described in these regulations, other than as a contributor within the meaning of article 7-A of the Executive Law. The term employee includes all employees of the State and may include retired members of the State within the meaning of Retirement and Social Security Law, section 110-d. E mployee participants shall be considered to be participating in a State-sponsored volunteer program.

(k) Exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code means that the income of the charitable organization is exempt from taxation and that contributions to the charitable organization are tax deductible by the donors.

(l) Federated community campaign. The charitable organization approved by the commissioner, pursuant to State Finance Law, section 201, to administer the annual solicitation campaign in a campaign area under the direction of the local SEFA committee for that campaign area.

(m) Federation of charitable organizations. A charitable organization that solicits and distributes contributions to 15 or more charitable organizations in connection with SEFA.

(n) Health, welfare and recreation are to be given their common meanings, including environmental advocacy purposes that are beneficial to the public interests, and reasonably interpreted in favor of eligibility and not exclusion.

(o) IRS forms 990, 990EZ and 990PF mean the Federal income tax forms described at 13 NYCRR Part 94, "Contents of Financial Reports Filed By Charitable Organizations."

(p) Local SEFA committee. A group of State employee participants and representatives of charitable organizations, selected pursuant to section 335.3 of this Part and responsible for making decisions with respect to the SEFA campaign in a campaign area. There shall be one local SEFA committee for each campaign area, and the chair of each local SEFA committee shall be a State employee.

(q) Management representatives. Representatives of the State who are designated as management or management/confidential as defined by the Taylor Law (Civil Service Law, article 14).

(r) Participant. A charitable organization that meets the eligibility and qualification criteria of this Part to participate in a campaign.

(s) Pass-through contribution. A contribution made by an employee participant in one campaign area to a participant in another campaign area.

(t) Statewide SEFA cabinet. The statewide SEFA cabinet shall consist of management and labor co-chairs, management and labor first and second co-vice chairs, other management and labor representatives as selected by the co-chairs, and the State employee participants serving on the statewide SEFA council. The statewide SEFA cabinet is responsible for carrying out the activities described at section 335.5 of this Part.

(u) Statewide SEFA council. A group of State employee participants comprised of local SEFA committee chairs selected pursuant to section 335.3(a)(3) of this Part, or their designees, two from each of the geographic regions of the State established by the commissioner. The council is responsible to carry out the activities described in section 335.4 of this Part.

(v) Statute. Section 201 of the State Finance Law.

(w) Time measures:

(1) campaign term means the months of September, October, November, and December;

(2) accounting year for a campaign is the calendar year following the prior campaign term;

(3) year of contribution is the year donations are distributed to the federated community campaign.

(x) Unaffiliated participant. A participant that does not belong to a federation of charitable organizations.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 335.2