Nonprofit Advocacy Matters | February 24, 2014

Big News Coming on Taxes and Spending; Little Traction Expected Within the next two weeks, the public will learn the details of two major proposals that, if enacted, would significantly alter federal tax and spending policies. Neither, however, is expected to do more than serve as discussion drafts for the 2014 elections. First up, perhaps as soon as this week, is a draft bill by House Ways and Means Committee Chairman Dave Camp (R-MI) that is expected to reduce corporate and individual tax rates and eliminate numerous special-interest provisions. It is unclear what changes will be proposed to provisions that affect charitable nonprofits. Less than a week later, President Obama is expected to release his budget proposal for fiscal year 2015. Early reports suggest that he will move away from past austerity budgets by calling for $56 billion in new spending on domestic and defense priorities.  While largely symbolic – neither package is expected to be enacted as written this year – the details could well appear in legislatures across the country. For example, the President’s proposal to cap itemized deductions, first raised in his 2009 budget proposal, was enacted in modified form in Hawai`i in 2011 (where it was reversed in 2013 due to the harmful consequences) and considered in several other states in 2013. Likewise, the call to convert tax deductions into tax credits – a proposal seen in several federal tax-reform packages – was seriously considered before being rejected in Minnesota last year. Proposal to Regulate Social Welfare Nonprofits Under Fire Partisans and nonpartisan nonprofits alike are expressing the common view that proposed regulations from the Treasury Department and the Internal Revenue Service should be withdrawn. To date, a record of nearly 70,000 comments have been filed on the proposed rules to define what should be considered “candidate-related political activity” by 501(c)(4) social welfare organizations. Many of those comments express concern about the adverse effect on partisan activities of conservative or progressive organizations. The House is expected, this week, to take up a bill to delay consideration of the proposed regulations until after the November elections. Several charitable nonprofit, such as Nonprofit VOTE, the Colorado Nonprofit Association, and the North Carolina Center for Nonprofits have filed comments challenging the draft as overly broad and likely to infringe on the legitimate advocacy and civic engagement work of 501(c)(3) organizations. The National Council of Nonprofits will be submitting comments in the coming days and all interested parties are encouraged to file public comments; the deadline is Thursday, February 27. Read recent articles in Nonprofit Advocacy Matters (January 27, 2014, December 16, 2013, andDecember 2, 2013) for background information.  First Answers Provided to OMB Guidance Questions The December release of new Grants Guidance by the White House Office of Management and Budget (OMB) has generated enthusiastic interest by charitable nonprofits that perform work on behalf of governments, as well as hundreds of questions from non-federal entities trying to understand the details and scope of the once-in-a-generation overhaul of federal grants policies. In response, the Council on Financial Assistance Reform (COFAR), which is working with OMB to implement the Guidance, has published its first set of 24 answers to Frequently Asked Questions (FAQs), covering such topics as when the new rules go into effect and what “profit” means in the context of charitable nonprofits. Federal officials have not yet addressed a number of questions regarding the mandate that pass-through entities (typically state and local governments) pay the indirect costs of nonprofits. The initial FAQs are the first of several expected sets over the next few months. The COFAR is encouraging individuals and organizations to submit additional questions to help it identify where additional clarification is needed. The National Council of Nonprofits also asks nonprofits with governments contracts or grants to share their questions so that we can follow up and work to ensure that the promise of the new OMB Guidance is achieved through appropriate government actions and interpretations. Please give us your questions and feedback. Taxes, Fees, PILOTs Property Taxes: Legislation in Kansas seeks to remove property tax exemptions from nonprofit human service providers that receive 40 percent or more of their revenues from the sale of membership or program services that would otherwise incur a sales tax if sold by a for-profit organization. For-profit fitness centers reportedly are targeting YMCAs that sell memberships for their athletic programs in addition to providing community benefits particularly to low-income children and families. Other nonprofits, including Goodwill Industries of Kansas, are expressing concern that the legislation could adversely affect their missions as well. Fees: The Honolulu City Council is considering anordinance to extend trash pickup fees and cart usage fees to nonprofits that own real property. The proposal issupported by the local newspaper.  Putting “Voluntary” into Volunteerism Reversing a trend nonprofits have been seeing in state legislatures, a bill in Washington State treats volunteering with charitable nonprofits as a positive incentive rather than a punishment. The legislation would give unemployed individuals theoption of performing volunteer services in lieu of previously mandated job-search requirements. Elsewhere, legislators have sought to impose community service requirements performed at nonprofits as a condition of receiving mandatory or previously earned public benefits. Typically such bills are promoted without regard to the potential avalanche of people who might descend on well-known “name-brand” charities and the sudden liability exposure the bills could impose on nonprofits. Bills to create the community service mandate, known as “mandatory volunteerism,” have been introduced most recently in Alabama and Michigan. Nonprofit Compensation Flags Agenda Items Scrutiny of allegedly high compensation levels paid by some nonprofit organizations can lend support for others to advance their agendas against charitable nonprofits. The St. Louis County Missouri Assessor recently announced that he has launched a review of tax-exempt organizations to determine whether they continue to qualify for property tax exemptions. The Assessor, an elected position, was responding to a series of articles in the St. Louis Post-Dispatch questioning the charitable care provided by two nonprofit senior living facilities that pay their CEOs in excess of $1 million each and whether they deserve to remain exempt from paying over $3 million in property taxes annually. In Oregon, a labor union is collecting signatures to put an initiative on the November ballot that would cap the salaries of nonprofit hospital executives at no more than 15 times that of the lowest-paid workers. Hospital officials assert that the ballot measure is designed to give unions leverage to organize and negotiate at the nonprofit hospitals. Big Day Advocacy There’s every day advocacy to which most of us aspire, and then there is Big Day Advocacy like CommonGood Vermont choreographed in the Green Mountain State earlier this month. The Vermont Nonprofit Legislative Day, conducted this year on February 6, presented a lineup of events that left no doubt that charitable nonprofits have the ear of legislators. The day began with a welcome from the Speaker of the House, followed by a panel of luminaries providing an overview of legislative issues facing the nonprofit sector, how nonprofits can effectively communicate their impact, and advocate for their issues.  In an interesting twist, the House of Representatives opened its session with inspirational words from a nonprofit leader (seeWorth Watching, above) and a Vermont Nonprofit Proclamation, during which the speaker estimated that half of the members of the House have served their communities through local nonprofits, whether as employees, board members, or volunteers. The day also included not just lobbying for the nonprofit policy agenda but also testimony before a Senate Committee on the top legislative priority for the year, a bill to require results-based accountability by government. Five nonprofit leaders, includingLauren-Glenn Davitian of CommonGood Vermont, provided committee members with hands-on analyses of what better data collection and reporting will mean for government efficiency and the work of charitable nonprofits. © Copyright 2014 National Council of Nonprofits. All rights reserved  1200 New York Avenue, NW | Suite 700 | Washington, DC 20005 | www.councilofnonprofits.org

Nonprofit Advocacy Matters | January 27, 2014

Proposed Electioneering Rules for 501(c)(4) Social Welfare Groups Under Attack The Chairman of the House Ways and Means Committee is leading an effort to the block implementation of proposed regulations from the Treasury Department that would redefine what constitutes electioneering activities of 501(c)(4) social welfare organizations under the Internal Revenue Code.Legislation by Chairman Dave Camp (R-MI) would prohibit the modification of the rules for one year, thus freezing in place the standards and definitions for determining whether a 501(c)(4) organization crosses the line from promoting social welfare to engaging in too much partisan electioneering. The legislation adds Camp’s name to the list of individuals and groups that oppose draft regulations released in November that would restrict the types of political activities that 501(c)(4) social welfare organizations could engage in without running the risk of losing their tax-exempt status.Conservative and progressive groups alike are panning the proposed regulations. Readers are encouraged to read the proposed regulations and tosubmit comments (to IRS REG-134417-13) byFebruary 27, 2014. Strong, Bi-Partisan Support Expressed in Senate for Charitable Giving Incentive A third of the US Senate has taken a public position insupport of the charitable giving incentive in federal tax law in a letter delivered last week to Senate tax committee leaders. Senators Ron Wyden (D-OR), who is expected to be the next Chairman of the Senate Finance Committee, and John Thune (R-SD), who also serves on the Committee, wrote the letter and called on their colleagues to sign on. The message in support of the work of charitable nonprofits in communities is clear: “The charitable deduction is unique. It is the only provision that encourages taxpayers to give away a portion of their income for the benefit of others. For this reason, it is not a loophole, but a lifeline for millions of Americans in need.” Thirty-three Senators from more than half the states signed the Wyden-Thune letter: Alaska (Murkowski); Arkansas (Boozman), California (Boxer); Colorado (Udall); Florida (Nelson); Hawai`i (Hirono, Schatz); Idaho (Risch); Illinois (Kirk); Indiana (Coats); Kansas (Roberts, Moran); Louisiana (Vitter); Maine (Collins); Maryland (Mikulski); Massachusetts (Markey); Michigan (Levin, Stabenow); Minnesota (Klobuchar); Mississippi (Cochran, Wicker); Missouri (Blunt); Nebraska (Heller); New Hampshire (Shaheen); New York (Schuster, Gillibrand); North Dakota (Hoeven, Heitkamp); Oklahoma (Inhofe); Oregon (Wyden); South Carolina (Scott); South Dakota (Thune, Johnson). The State of the States As the Governors See It Governors across the country are announcing their plans and priorities this month as their legislatures convene for the 2014 session. Here are recurring themes and trends of interest to nonprofits: “Comeback State”: Many Governors used their State of the State address to define 2014 as a “comeback” year of recovery from the Great Recession. But as the Washington Post reports, “in many cases, the ‘comebacks’ will manifest as an absence of further cuts, rather than a return to pre-recession spending levels. Thirty states are collecting less revenue than they did before the recession hit.” Tax Reform: A handful of Governors are hoping positive signs in their states’ economic outlooks will make tax cuts possible in 2014. Citing a more comfortable economic outlook than in years past, the Nebraska Governor proposed $500 million in tax relief, particularly in property taxes. Similarly, the Governor in Wisconsin proposed cutting property and income taxes for the third time in less than a year. Governors in New Jersey andIowa also spoke in favor of property tax relief. Conversely, Rhode Island’s Governor wants to keep tax rates the same and increase overall spending levels. Social Services: Some governors spoke of the need to reinvest in programs that suffered secere cuts during the recession. The CaliforniaGovernor remarked on the significant economic growth the state has experienced and recommended a $154.9 billion spending plan that would increase funding for social services and schools. The Governor of Michigan also touted the state’s improving economy and promised to increase funding for Great Start early childhood education and Meals on Wheels, programs which support the work of many nonprofits in communities. Education: Governors from many states made new investments in education a top priority in their State of the State addresses. Several pledged support for early education: the Governor of New York announced proposals for full funding of a statewide pre-kindergarten; the KansasGovernor proposed full funding for all-day kindergarten while simultaneously fighting a state court case that mandates additional education funding; and Missouri’s Governor proposed tripling pre-school funding. In higher education, Governors in Missouri, Rhode Island, and Iowarecommended freezing tuition rates at public institutions. Similarly, the Arizona Governor wants to stabilize university tuition rates, and is pushing again for a controversial program that would tie base funding for public schools to performance measures. Governors in Alabama, Washington, and Georgia are calling for raising teacher salaries. Maine Nonprofits Call for Return of Full Charitable Giving Incentive The Maine nonprofit community came out in full force at a public hearing last week in support of a bill that would exempt charitable deductions from the $27,500 cap on itemized deductions enacted late in the session last year. If enacted, the new legislation would be retroactive to January 1, 2013. The Maine Association of Nonprofits (MANP) estimates that application of the cap to charitable giving will result in reduced donations by at least $20 million per year, a conservative estimate according to many of the speakers at the hearing. To learn more about efforts to protect Maine’s charitable giving incentive, see the nonprofit sign-on letter with 83 nonprofit signatories and testimony ofMANP and the National Council of Nonprofits. Taxes, Fees, and PILOTs Taxes: To lower the tax rate for for-profit businesses, proposed legislation in New Hampshire seeks to apply the state’s business enterprise tax base to larger nonprofits. The proposal, which targets mostly nonprofit hospitals and colleges, would extend the tax to nonprofits that accept fees for services and collect more than $2 million in annual revenues. Mary Ellen Jackson, Executive Director of the New Hampshire Center for Nonprofits, has expressed opposition to the bill because it ignores nonprofits’ contributions to society and the “long-held” agreement between government and nonprofits. Tax Exemptions: A Nebraska State Senator introduced a bill to eliminate property tax exemptions for religious organizations, arguing that churches should pay property taxes and that the legislation would increase state revenue. Religious nonprofits have opposed the legislation, saying it ignores the important contributions of churches to their communities. PILOTs: Wisconsin policymakers are considering legislation that would require municipalities that negotiate payments in lieu of taxes (PILOTs) from nonprofits to share the revenues with “overlying” taxing bodies, such as school districts and state and county governments. Municipalities oppose the legislation and believe it infringes on local authority. “[The other taxing bodies] are not coming here and cleaning our streets, removing snow ... why should they get a piece of the revenue?,” one City Administrator asked.  Government-Nonprofit Contracting News New Mexico Withholds Contract Payments to Nonprofit Mental Health Providers New Mexico is withholding payments to fifteen mental health services providers and has transferred their caseloads to Arizona providers based on allegations of fraud that state officials have not substantiated to the public. The accusations of fraud are reportedly based on findings by a private consulting firm which also manages the New Mexico Health Care Exchange; state officials have so far refused to make the audit findings public. The State Attorney General’s Office, which is investigating the findings, found no fraud in its first review of one of the organizations and cleared it to reopen. Unfortunately, that nonprofit has already gone out of business because of the state’s actions and is still owed $400,000 for services it provided under contracts with the state. The situation raises serious questions about the need for government to follow the same transparency expectations it has for nonprofits and to exercise due process for nonprofits contracting with governments to provide services. State legislators reportedly are considering how to protect service providers from unfair attacks.  Additional State and Local Issues How Do You Measure That?: Questioning Business Tax Breaks Florida Considers Increasing Charity Oversight Mandating Volunteerism for Public Benefits Recipients Proposed in Alabama States Reform Gaming Laws Directing Proceeds to Charities Putting Policy In Nonprofit Perspective State of the State addresses give Governors the opportunity to tick off the things they have done and offer a to-do list for their legislators to act on. (See related article, above.) Donna Murray-Brown, President and CEO of the Michigan Nonprofit Association, took the opportunity of the Michigan Governor’s recent address to provide insights to nonprofits in the Wolverine State and hand out a few to-do items as well. First, Donna offered perspective on which all nonprofits should agree: “No matter your political persuasion, and whether you agree or disagree with the progress Michigan has made over the last few years, one thing is certain: all sectors must all work together to realize the hopes and dreams we have for the residents of Michigan.” Reflecting on the significant economic impact provided by the nonprofit community, she observed, “It is becoming clearer and clearer that real progress is inextricably connected with the work nonprofits do every day to meet the needs of the community.” Murray-Brown moved past the statement of fact and provided a call to action: “We must enhance our narrative of our work beyond ‘it’s the right thing to do,’ to ‘our work is imperative to creating a thriving state, and we too have proven results!’” Donna provides six to-do items that all nonprofits, in Michigan and beyond, can take to heart to improve our public policies, our own performance, and our communities. These include continuing to collaborate; leveraging technology as a strategy for mission attainment; recognizing that diversity, inclusion, and equity are key principles to meeting mission; and nonprofits must hone their public policy and advocacy skills to block threats to our work. We are inspired by the optimism of this nonprofit leader in one of our nation's most economically challenged states. As advocates for your mission, we hope that all readers can say the same thing about their work as Donna Murray-Brown did in her conclusion: “These are exciting times in the state of Michigan. It will require much to accomplish the goals we set for ourselves, yet we can and will succeed. We are truly the change we have been looking for! Now, let’s get to work!” © Copyright 2014 National Council of Nonprofits. All rights reserved  1200 New York Avenue, NW | Suite 700 | Washington, DC 20005 |www.councilofnonprofits.org