Bill Text: NJ A3734 | 2020-2021 | Regular Session | Introduced
Bill Title: Establishes requirements for certain nonprofit youth-serving athletic organizations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-03-16 - Introduced, Referred to Assembly Women and Children Committee [A3734 Detail]
Download: New_Jersey-2020-A3734-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Establishes requirements for certain nonprofit youth-serving athletic organizations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain nonprofit youth-serving athletic organizations and supplementing Title 15A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Adequate notice" means written or electronic notice of the scheduled date, time, location, and, to the extent known, agenda of any general, executive committee, or rescheduled meeting.
"Executive committee" means the board, committee, or other leadership group that comprises the nonprofit youth-serving athletic organization's elected or appointed leaders, such as directors, officers, or other designated team members.
"Nonprofit youth-serving athletic organization" or "organization" means a corporation, association, or other organization which provides athletic, physical fitness, recreational, or sports activities or services for persons 18 years of age and younger, is established pursuant to Title 15 of the Revised Statutes, Title 15A of the New Jersey Statutes, or any other law of this State, and is determined by the federal Internal Revenue Service to be a tax exempt organization. A "nonprofit youth-serving athletic organization" excludes public and nonpublic schools.
2. A nonprofit youth-serving athletic organization shall:
a. maintain a website, which shall provide access to all meeting agendas, meeting minutes, financial statements, tax returns, audit reports, applications and licenses issued to hold and operate any game of chance such as a raffle, and any other official notifications or reports of the organization;
b. provide adequate notice at least five days in advance of any meeting, which shall indicate whether formal action may be taken, and distribute or publish any meeting notice prominently on the organization's website; and
c. record minutes of every general membership or executive committee meeting. The meeting minutes shall accurately reflect the treasurer's or executive committee's financial report detailing all revenues and expenditures approved, and all members' votes related thereto.
3. a. An executive committee shall hold at least one annual general membership meeting open to the general public. The meeting shall take place within the municipality or region the organization operates in, with adequate notice.
b. The annual general membership meeting shall include an annual report, provide opportunities for the general public to view organization records required to be made available on the organization's website pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and include an open comment period.
4. a. A nonprofit youth-serving athletic organization shall provide a copy of its nonprofit tax return to the Division of Consumer Affairs in the Department of Law and Public Safety and the Custodian of Records of the local municipality in which the organization operates.
b. A bank account held by a nonprofit youth-serving athletic organization shall have three signatories, each of whom shall be approved by the executive committee.
c. Any debit or credit card used by the organization shall comply with applicable policies or procedures required by the Division of Consumer Affairs or the Local Finance Board in the Department of Community Affairs.
d. The organization shall obtain insurance or a surety bond for the purpose of satisfying any claim against a signatory or any person authorized by the organization to handle its finances.
e. Notwithstanding any other law, rule, or regulation to the contrary, a nonprofit youth-serving athletic organization shall not accept cash donations greater than $25.
f. A nonprofit youth-serving athletic organization shall not require its members to participate in, or solicit, any game of chance, including a raffle.
5. A nonprofit youth-serving athletic organization shall cause an audit of the organization's financial records to be performed each year, in accordance with generally accepted accounting principles and auditing standards by an independent certified public accountant, the results of which shall be reported and filed with the Division of Consumer Affairs in the Department of Law and Public Safety and the organization's parent organization.
Each member of the executive committee of a nonprofit youth-serving athletic organization shall attest, and sign, that the member reviewed the annual audit report. At least three executive committee members shall meet with the independent auditor to review the recommendations contained in that year's report.
6. The Division of Consumer Affairs, in the Department of Law and Public Safety, shall promulgate and distribute best practices and recommendations to nonprofit youth-serving athletic organizations. The recommendations shall provide guidance and suggestions for organizations to improve and maintain accountability, transparency, and financial oversight, including proposals concerning: the chain of custody for donations and funds raised; internal controls for establishing checks and balances for financial compliance and record keeping; and the use of Internet or other secure electronic processes and transactions.
7. This act shall take effect on the first day of the third month next following the date of enactment.
STATEMENT
This bill establishes financial reporting and public notice and records requirements for certain nonprofit youth-serving athletic organizations, such as Little Leagues, Babe Ruth Leagues, Pop Warner Leagues, Police Athletic Leagues, and other nonprofit athletic, physical fitness, recreational, or sports associations for persons 18 years of age and younger, excluding public and nonpublic schools. The bill establishes safeguards to ensure greater accountability, transparency, and oversight.
Under the bill, the Division of Consumer Affairs in the Department of Law and Public Safety would produce "Best Practices and Recommendations" guidance for these youth athletic organizations. The bill also requires nonprofit youth-serving athletic organizations to have an audit performed annually. This requirement would be an investment to protect any organization from criminal - and often devastating - loss. It's common for volunteers to manage and lead these sports groups, but volunteers are often unequipped to ensure financial compliance with State or federal laws or professional best practices. The division's guidance would establish a framework to enable volunteers and organizations to fulfill their missions and maintain sound financial practices.
Under current law, nonprofit youth-serving athletic organizations are not specifically regulated as an industry; however, they are subject to requirements for, and already required to register with the Attorney General as, a charitable organization pursuant to the "Charitable Registration and Investigation Act," P.L.1994, c.16 (C.45:17A-18 et seq.). Current law also provides that a charitable organization is to establish and exercise control over fund raising activities conducted for its benefit. Additionally, a charitable organization is required to keep complete and accurate records of its activities, and to make these records available at the Attorney General's request. In certain circumstances, the Attorney General is authorized to require an audited financial statement of the organization's financial records. The "Charitable Registration and Investigation Act" also permits a municipality to regulate the solicitation of contributions within its jurisdiction.
A recent Asbury Park Press investigation found that more than $1.4 million was stolen from Monmouth and Ocean county youth sports leagues within the past 10 years; a number of leagues have had their federal nonprofit status revoked and a majority do not file federal reports annually; approximately 40% of youth sports leagues do not annually report finances or conduct audits consistent with State requirements; and nearly half of the shore leagues run a deficit, averaging $21,000 each year.
The investigations and news reports reveal the lack of oversight and accountability that leads to the misuse and embezzlement of funds, cheating children, families, and sports teams of the fair play they deserve. This bill addresses the shortcomings that threaten volunteer-run athletic organizations by instituting and enforcing financial controls to prevent theft and allow children's athletic accomplishments to take the spotlight.
