ICYMI: Taking Advantage of the Updates to KY’s Nonprofit Laws

Last week, we shared resources about House Bill 440, the Kentucky Uniform Unincorporated Associations Act. This long-overdue first step to modernize the laws governing nonprofits in Kentucky was among many new laws passed in the 2015 Kentucky General Assembly that become effective on June 24.

If you want to take advantage of these improvements to our laws and missed our email last week, you can download the summary from our website here. KNN members receive an enhanced summary that includes specific action items for implementation and access to a free webinar to learn more (simply use your members-only login on the KNN site to access these tools and let us know if you need assistance. If you are not yet a KNN member, it’s easy to join today and receive access to these additional resources!

Continued work on these laws is a KNN priority for the 2016 legislative session. If there are issues facing your nonprofit that you think should be addressed, please emailus@kynonprofits.org.

The successful and unanimous passage of House Bill 440 is an excellent example of KNN membership dues in action! Membership in your state association of nonprofits means your nonprofit stands with us and other KNN members to help us continue to successfully advance and protect our sector. You need us and we certainly need you!

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Why Should I Care About State Solicitation Charitable Registration?

If you’ve heard anything about state charitable solicitation registration, you may be a little confused – I know I have been! Simply put, it is a requirement of most states that nonprofits seeking donations from their residents must submit specific financial and organizational information, usually on an annual basis.

This is not just for fun. States use this information to give the public access to information about charitable causes soliciting from them; ensure that these organizations are accountable and transparent; and protect their consumers and good-faith nonprofits. To accomplish this, state forms often require information on your finances, board of directors, legal status, mission, programs and organizational structure.

In Kentucky, nonprofits are required to register with the Kentucky Attorney General prior to solicitation, and there are a few exemption categories. Registration consists of the IRS Form 990 plus the IRS Determination Letter and the Articles of Incorporation. Annual filing of the IRS Form 990 is due when the same form is submitted to the IRS with no need to submit any IRS extensions. There is no fee for either initial registration or the annual follow-up. In Kentucky (and in any state in which you solicit), you will need to separately register professional solicitors and consultants – if you use them.

Thirty-nine states and the District of Columbia require that charities register to solicit in their state whether or not they are located in that state, unless they are in certain state-specific exempt categories (e.g., organizations with annual contributions of under $25,000, hospitals, and educational and religious institutions. Please note that this refers to exemption from registration and not tax-exemption). This means an organization with solicitation campaigns in multiple states may need to register in all of them. The exceptions are Arizona, Delaware, Idaho, Iowa, Indiana, Montana, Nebraska, South Dakota, Texas, Vermont, and Wyoming – these states do not require filing. Overall, for initial registration, states require a completed registration form, financial documentation (IRS Form 990 or variation and reviewed or audited financial statements for larger organizations), organizational documentation (by-laws, articles of incorporation, and IRS Determination Letter) and a fee. Annually thereafter, most states will require a renewal form and annual financial reporting, plus a fee.

Sounds simple, right? Well, it’s not. The increased use of the internet as a solicitation tool, as well as efforts like KY Gives Day, has made state registration a big issue. Years ago, a group of state charity officials (NASCO) developed an outline known as the Charleston Principles, of how states may wish to carry out their registration requirements for online solicitation. In general, it says that organizations that have a way to solicit money immediately on their website or social media page (i.e., have a “donate now” button and a way to collect payment) and/or target residents of a particular state (or states) or get substantial, multiple or repeated donations in a state (or states) must register in the state – even if they do not have physical presence in the state. This also applies to follow-up emails to donors, sign-ups for newsletters and emails, and to email campaigns. Therefore, organizations that receive online donations may have to register in all states for which these actions apply. To make things more challenging, different states may have different definitions of “targeting” and “substantial.” Importantly, there are some readings of New York and New Jersey requirements that state that ANY online donate now button is a solicitation in their state and requires registration.

Overwhelmed and confused?  Well, you don’t need to be any longer because KNN is excited to announce that we’ve teamed up with a new online service, Simple Charity Registration to make the charitable solicitation registration process easier for our members! Simple Charity Registration helps your organization determine where you need to file, has you complete a questionnaire that auto-fills the appropriate forms and provides instructions on how and what to file and any fees required. Later, users receive email reminders of upcoming deadlines and can use their stored information for their next year’s filing. With KNN members-only pricing and an overall cap on the fees, this new benefit will save many of our KNN members hundreds of hours and potentially thousands of dollars

Click here for additional information or plan to join us on June 18, or July 16th at 10:30 am EDT for our monthly Ways You Can Save Webinar- register today!

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Danielle Clore

Executive Director/ CEO

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Déjà Vu

“Sadly, it’s much easier to create a desert than a forest.” -James Lovelock, scientist

Have you ever had that feeling before:  haven’t I already read this, didn’t I forward this on to my board, didn’t KNN send this out in a recent e-newsletter?  Reading the results of the Nonprofit Finance Fund’s recently released 2015 State of the Sector Survey gave me that feeling, because not much has changed. While many sectors are rebounding financially, many nonprofits still struggle to serve their communities. These are the national results, and you can also filter the results for Kentucky.

Twenty of our Commonwealth’s nonprofits completed the survey, and while not a huge number representing our state, the findings are not surprising and are troubling. The results indicate the greatest challenges facing the nonprofits completing the survey are:

  • Achieving long-term financial sustainability
  • Marketing, outreach and community engagement
  • Managing or pursuing growth
  • Offering competitive pay and/or retain staff
  • Increases in unavoidable costs (benefits, etc.)
  • Barriers to effectively and efficiently administering government contracts

Also not surprising are some of the issues nonprofits are having with their government contracts. While most report not having issues with late payments, late payments are very late and most certainly create difficulty with cash flow:

nff_survey_2014_chart (1)

Most of the articles summarizing the national results of the survey use words like “tightrope“déjà vu,” and “chronically brittle,” to describe the state of our nonprofit sector. The problem, Nonprofit Finance Fund suggested in its report, is rooted in poor financial management on a number of fronts: relying on delayed government payments and private funders, focusing on expanding programs rather than the financial health of the program and ignoring overhead costs.

It’s clear that there is much work to do to move beyond short-term survival and address the long-term viability of our sector, but I am encouraged. KNN, as your state association of nonprofits, is already an active partner with you on a number of these issues: the recent passage of HCR 89 to create a Nonprofit and Government Contracting Task Force that will get started this summer; professional development opportunities to stay ahead of the curve; outreach initiatives like KY Gives Day and cost-savings programs like KNN’s state association health plan and our unemployment insurance partnership.

So while I’m certain we’ve been here before (and we have), waiting for things to improve feels like we are watching paint dry. But there are opportunities to improve your nonprofit’s long-term sustainability – some of which exist through membership in your state association of nonprofits! Let us hear from you – how can we help?

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Danielle Clore
Executive Director, KNN

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I’m Starting at Home. Will You?

The work of dispelling the myths that plague our sector continues. It’s happening with a larger, national conversation and even more importantly – it’s happening with organizations like yours and mine.

On the national level, I urge you to read this open letter to Charity Navigator from my colleague Jan Masaoka, CEO of the California Association of Nonprofits. Jan’s post is about more than Charity Navigator and I hope you’ll use it as an educational opportunity for yourself, your board and key staff.

In Kentucky, KNN’s recent workshops about the new OMB guidance have provided vital information to organizations that contract directly with the federal government and nonprofits whose state and local grants and contracts include federal dollars. What we’re hearing from our members regarding the red tape they face is very troubling. The task force to be created with the recently signed into law HCR 89 to explore solutions for contracting issues is right on time! Here’s a great article on the new OMB guidance, and if you missed a workshop – we’re holding a webinar on May 8.

I’ve blogged about some of these issues before (here in 2014, here in 2013, and again in 2013), but I think it bears repeating on a consistent basis until each person reading this “gets it” – me included… This work of educating the world about the costs to effectively manage a nonprofit organization starts at home.  If your nonprofit is sending out a solicitation that tells prospective or current donors that 90 cents of every $1 goes directly to program delivery – is that true or is it creative bookkeeping? If your nonprofit is keeping quiet about the way you’re being treated with regard to federal, state and/or local grants and contracts for fear that you may lose the contract – how will solutions be created if we don’t find our voice?  If you are reading this email and your organization is not a current KNN member – how invested is your nonprofit in building a stronger sector to advance our Commonwealth? I’m guilty of shortchanging KNN and our sector in similar situations in the past and I’ve made the commitment to stop, and stop now.

I look at Spring as a time for renewal and I urge you to join me in a renewed (or new) commitment to truly knowing what it costs to run our organizations effectively, owning these costs as an investment in those we serve, finding our voice and standing with other nonprofits to advance Kentucky’s third largest industry. As I’ve said before: we need you and you need us. Our work is really just getting started and I hope you are on our team!

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Thankful, Though It’s Not Thanksgiving

Happy Thanksgiving! OK – this isn’t an April Fool’s Day joke and of course, it’s not Thanksgiving – but I’m still thankful!

I won’t get into everything I’m thankful for (and for that, you can be thankful), but I do want to specifically share my gratitude for the unanimous passage of HCR 89 and HB 440 by the Kentucky General Assembly and Governor Beshear’s signing of both into law. I’m thankful for the volunteers who helped with these efforts – work groups, committee members and board members. I’m thankful for the government officials and legislators who advocated for, sponsored and voted for these two legislative efforts. I’m thankful for you – those of you who called, tweeted, emailed, visited legislators and those of you who sent us words of encouragement, words of congratulations and positive vibes into the universe as we worked on the issues.

In addition to having a heart full of gratitude, we are still in awe that KNN was able to accomplish so much in such a short time – especially since this was our first year advocating on your behalf. I am also absolutely certain that KNN’s decision to transition to an independent 501 c 3 organization was exactly the right thing to do and at just the right time – not only for KNN, but also for our sector. Without making that transition, KNN would not have been able to lobby on these issues that impact your nonprofit and our entire sector.

I hope you will join me in my gratitude and take a moment in the next week or so to thank your legislators for their support of our nonprofit sector. Again, both HCR 89 and HB 440 were unanimously approved by both the House and Senate, though some legislators did not vote. You can see a full list of those voting on HCR 89 here and on HB 440 here, and get legislator contact information here. Legislators are home now – so calling them while in your district or email will likely work best. You can also thank Governor Beshear and Secretary Grimes for their support. Why is this important? Well, in addition to appreciating their support of Kentucky’s nonprofits, there is still work to do and we’ve advised you before – build relationships NOW so that we don’t have to ask strangers for favors later. Connecting with your legislators now about HCR 89 and HB 440 is always a WONDERFUL way to open the door to telling them more about your organization and the work your nonprofit is doing in their district.

Finally, now that the session has ended you may be wondering – what’s next? KNN is working on the details, but we know our next steps will involve identifying the names of individuals from KNN members who would to be submitted to the Governor for consideration for service on the nonprofit and government task force. We also know there will be numerous opportunities in person, in print and via webinar to learn more about how your nonprofit can take advantage of laws modernized with HB 440.

KNN is headed your way soon! Stay tuned for a KNN road trip across Kentucky in the next several months – we look forward to seeing you and thanking you in person!

Joining Governor Beshear are (from left to right): Steve Jennings, KNN board member; Bart Baldwin, KNN public policy committee member; Sarah Brandenburg, KNN staff; Noel Caldwell, Executive Director of Kentucky Business One Stop Portal, Secretary of State; Danielle Clore, Executive Director, KNN; Secretary of State Alison Lundergan Grimes, Representative Linda Belcher (D– Shepherdsville); and House Speaker Pro Tem Jody Richards (D–Bowling Green).

Joining Governor Beshear are (from left to right): Steve Jennings, KNN board member; Bart Baldwin, KNN public policy committee member; Sarah Brandenburg, KNN staff; Noel Caldwell, Executive Director of Kentucky Business One Stop Portal, Secretary of State; Danielle Clore, Executive Director, KNN; Secretary of State Alison Lundergan Grimes, Representative Linda Belcher (D– Shepherdsville); and House Speaker Pro Tem Jody Richards (D–Bowling Green).

Read the news release here!

Joining Governor Beshear are (from left to right) Lt. Governor Crit Luallen; Gretchen Hunt, KNN member, Ky Association of Sexual Assault Programs; Russell Harper, KNN board member; Sarah Brandenburg, KNN staff; Bart Baldwin, KNN public policy committee; Eileen O'Brien, KNN board member; Rep. Wuchner; and Danielle Clore, KNN executive director. (Photo: Kentucky Nonprofits Network/Kentucky House Republican Caucus)

Joining Governor Beshear are (from left to right) Lt. Governor Crit Luallen; Gretchen Hunt, KNN member, Ky
Association of Sexual Assault Programs; Russell Harper, KNN board member; Sarah Brandenburg, KNN staff;
Bart Baldwin, KNN public policy committee; Eileen O’Brien, KNN board member; Rep. Wuchner; and Danielle
Clore, KNN executive director. (Photo: Kentucky Nonprofits Network/Kentucky House Republican Caucus)

Read the news release here!

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The Marathon Continues

We’re almost at the finish line of our sprint – also known as the 2015 Kentucky General Assembly.  In case you missed it, KNN led the way on two pieces of critical legislation to advance our sector.  I am thrilled that both unanimously passed the House & Senate and now await the Governor’s signature.  A very sincere thanks to each of you who called, emailed, visited and/or tweeted your legislators to partner with us to make these victories for our sector possible.

While the sprint is almost finished, the marathon continues. For those of you who know me well, the fact that I’m using a running metaphor here is pretty funny– since I would only run if something or someone is chasing me! But seriously, KNN is excited to now look ahead to sharing more about each of these legislative efforts. We’re working on strategies for visiting with you across the state to be sure you are in the loop on these updates to Kentucky law that will impact each of us, as well as the opportunities created by the increased visibility of our sector during the session.

In the meantime, other priorities keep moving right along.  If you haven’t checked out our event calendar, there are lots of topics coming up that will strengthen your board, your fundraising plans and for those contracting with federal, state and/or local government – critical information you need to know, now!

This fall, the marathon continues with other events to strengthen and empower Kentucky’s nonprofits, including our annual Executive Retreat and KY Nonprofit Leadership Forum (mark your calendar for  October 27-28!).  In addition, we’ll round out 2015 with the third annual KY Gives Day on December 1. Stay tuned for information on this in the coming months.

It’s safe to say we aren’t taking off our running shoes any time soon.  We know you’re likely running a race of your own, so as we all try to keep up the pace, please know that we appreciate you, we’re here because of you and we’re fighting for you. We look forward to seeing you soon at an upcoming KNN event – in person or online!

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Danielle Clore
Executive Director, KNN

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Progress, Even on Snow Days

I have mixed feelings about all of this snow.  It is beautiful, but it has wreaked havoc on my to do list.  I wish I could tell you a snow break has allowed me to whittle my inbox down from its all-time high of 1,327 messages, but it hasn’t.

My kids and I are making fun memories with sledding and snow cream, but there are moments I am certain we’ll not survive another minute together in the same house

Then there’s the blessing and curse of technology.  I’m able to keep up with email, but I’m reminded that without consciously turning off my phone, I’m always “on,” even during igloo building.

And of course, in the back of my mind, I’m worried that KNN is running out of time on our legislative priorities in the 2015 General Assembly. I have to remind myself that the snow days are providing us with additional time to keep things moving.

The “control freak” in me finds these snow days disruptive, annoying, and frustrating – just like my inability to control and make sense of the many nuances and behind-the-scenes things at play in lobbying, many of which have little to nothing to do with the worthiness of the legislation.  So the side of me trying to lighten up, enjoy the ride, embrace new learning opportunities and live in the moment takes a deep breath, watches the beautiful red cardinal on a snowy branch outside of my window, and asks my kids, “Snow cream anyone?”

After all, the snow will melt, the 2015 General Assembly will come to a close and other items on the to do list remain.  I’m making progress…in more ways than one.

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