Oklahoma State Employee Charitable Contribution Act
§74-4001 through §74-7010
Unofficial Compilation as of September 1, 2009
§74 7001. Short title.
This act, Section 7001 et seq. of this title, shall be known and may be cited as the "Oklahoma State Employee Charitable Contribution Act".
Added by Laws 1989, c. 142, § 1, emerg. eff. May 1, 1989. Amended by Laws 1993, c. 103, § 1, eff. Jan. 1, 1995.
§74-7002. State Charitable Campaign.
In an effort to provide the employees of the State of Oklahoma with a convenient and responsible system which will allow them to contribute through payroll deduction to several fully accountable private nonprofit social, health and welfare organizations on a voluntary basis, there is hereby created a combined charitable solicitation to be called the “State Charitable Campaign”.
Added by Laws 1989, c. 142, § 2, emerg. eff. May 1, 1989. Amended by Laws 1993, c. 103, § 2, eff. Jan 1, 1995; Laws 2004, c. 312, § 13, eff. July 1, 2004.
§74-7003. Definitions.
As used in the Oklahoma State Employee Charitable Contribution Act:
1. “Federation” means a legally constituted grouping of at least five health and social service agencies that are bound together to raise and distribute charitable contributions;
2. “State presence” means a test to determine whether the agency actually provides service to people in the State of Oklahoma;
3. “Local advisory review committee” means a group of state employees in a facility or agency assisting in the local involvement of state employees in the campaign;
4. “Principal combined fund raising organization” means the organization in the State of Oklahoma responsible for the charitable contribution campaign; and
5. “Oversight Committee for State Employee Charitable Contributions” means a group of state employees responsible for overseeing at the state level the conducting of the State Charitable Campaign.
Added by Laws 1989, c. 142, § 3, emerg. eff. May 1, 1989. Amended by Laws 1993, c. 103, § 3, eff. Jan 1, 1995; Laws 2004, c. 312, § 14, eff. July 1, 2004; Laws 2006, c. 121, § 1, eff. Nov. 1, 2006.
§74-7004. Administration of Campaign - Legal compliance.
The State Charitable Campaign shall be administered in accordance with the provisions of the Oklahoma State Employee Charitable Contribution Act and shall comply with all applicable federal, state and local statutes and ordinances.
Added by Laws 1989, c. 142, § 4, emerg. eff. May 1, 1989. Amended by Laws 1993, c. 103, § 4, eff. Jan 1, 1995; Laws 2004, c. 312, § 15, eff. July 1, 2004.
§74-7005. Oversight Committee for State Employee Charitable Contributions - Chairman - Duties and responsibilities.
A. The Oversight Committee for State Employee Charitable Contributions shall be composed of the Administrator of the Office of Personnel Management, or designee and six (6) state employees, of which two shall be appointed by the Governor, two shall be appointed by the President Pro Tempore of the Senate and two shall be appointed by the Speaker of the House of Representatives. Members shall serve at the pleasure of their appointing authorities. The provisions of Section 6 of Title 51 of the Oklahoma Statutes shall not apply to appointments to the Committee. The Committee is created to continue until July 1, 2012, in accordance with the provisions of the Oklahoma Sunset Law.
B. The Committee annually shall elect a chairman from its membership. The Administrator of the Office of Personnel Management shall serve as chairman until the first such election.
C. The Oversight Committee for State Employee Charitable Contributions shall have the following duties and responsibilities:
1. Arrange for publication of information about the application process;
2. Review applications of federations electing to participate in the State Charitable Campaign and certify that a federation and each of its member agencies meet the eligibility criteria set forth in Sections 7009 and 7010 of this title;
3. Notify in writing each of the applying federations of its acceptance or rejection. Provided, if a federation is rejected, the Committee shall provide the reason for rejection of each of the member agencies of the federation;
4. Hear appeals of rejected agencies;
5. Delegate to the principal combined fund raising organization the primary responsibility for the staffing of and the financial obligations necessary to comply with the provisions of this subsection;
6. Develop a pledge card to be used throughout the State Charitable Campaign;
7. Select a principal combined fund raising organization to assist the Committee in gathering and accumulating the applications; and
8. Promulgate rules to implement the provisions of the Oklahoma State Employee Charitable Contribution Act.
D. The Office of Personnel Management shall provide such staff support as is required by the Committee.
E. The Oversight Committee for State Employee Charitable Contributions is authorized to appoint such advisory councils and task forces as it deems necessary for counsel, advice and review concerning the formulation and administration of the rules, application review process and the implementation of the Oklahoma State Employee Charitable Contribution Act.
Added by Laws 1989, c. 142, § 5, emerg. eff. May 1, 1989. Amended by Laws 1990, c. 291, § 2, eff. Sept. 1, 1990; Laws 1994, c. 109, § 1, emerg. eff. April 24, 1994; Laws 2000, c. 20, § 1; Laws 2004, c. 312, § 16, eff. July 1, 2004; Laws 2006, c. 121, § 2, eff. Nov. 1, 2006.
NOTE: Laws 1993, c. 103, § 5 repealed by Laws 1994, c. 109, § 2, emerg. eff. April 24, 1994.
§74-7006. Repealed by Laws 1993, c. 103, § 11, emerg. eff. April 23, 1993.
§74-7007. State principal combined fund raising organization - Definition - Duties and responsibilities.
A. The state principal combined fund raising organization shall be a local federation in the State of Oklahoma that provides, through one specific annual public solicitation for funds, substantial voluntary financial support for charitable agencies that depend on public subscription for support in the state and that has the necessary staff and volunteer support to administer the charitable contribution campaign.
B. The state principal combined fund raising organization shall have the following duties and responsibilities:
1. Work with the Oversight Committee for State Employee Charitable Contributions to develop the charitable contribution campaign plan for the State Charitable Campaign;
2. Develop the charitable contribution campaign materials and publicity for the State Charitable Campaign;
3. Recruit and train the volunteers, departmental coordinators and solicitors in a bipartisan manner; develop and keep records on all the accounts to be solicited; and cultivate the accounts to encourage participation in the charitable contribution campaign;
4. Keep all fiscal and financial records of the activities and submit to the Oversight Committee for State Employee Charitable Contributions a separate accounting of all proceeds of the State Charitable Campaign;
5. Submit to the participating federations a detailed accounting of the amount of money designated to the federation and to each of its member agencies; and
6. Disperse the allocation checks to the participating agencies.
C. Each state employee shall receive from the state principal combined fund raising organization general information material with each federation listed and each of its member agencies listed under the federation. Each agency and federation shall be identified by a code number. If descriptions of each agency are used in the general information material, they shall be provided to the state principal combined fund raising organization by the federations.
D. Each state employee shall be given the option to designate his or her gifts. Undesignated gifts shall be allocated pursuant to the provisions of subsection E of this section.
E. Undesignated money shall be distributed in the same proportion as designated dollars within the State of Oklahoma.
F. Allocations shall be distributed quarterly; provided, for campaigns of One Hundred Thousand Dollars ($100,000.00) or less, allocations shall be distributed semiannually. Any interest earned from funds held prior to distribution will be distributed proportionally to the distribution of undesignated funds.
Added by Laws 1989, c. 142, § 7, emerg. eff. May 1, 1989. Amended by Laws 1990, c. 291, § 3, eff. Sept. 1, 1990; Laws 1993, c. 103, § 6, eff. Jan. 1, 1995; Laws 2004, c. 312, § 17, eff. July 1, 2004; Laws 2006, c. 121, § 3, eff. Nov. 1, 2006.
§74 7008. Reimbursement cost of administration of local campaigns Limit.
The reimbursement cost for developing the charitable contribution campaign materials, training the solicitors and the overall administration of the campaign by the state principal combined fund organization shall be no greater than ten percent (10%) of the charitable contribution campaign proceeds or actual cost, whichever is less. The cost shall be borne by each of the federations or organizations proportionally. A charitable campaign budget shall be presented to the Oversight Committee for State Employee Charitable Contributions by the state principal combined fund raising organization.
Added by Laws 1989, c. 142, § 8, emerg. eff. May 1, 1989. Amended by Laws 1993, c. 103, § 7, eff. Jan 1, 1995; Laws 2006, c. 121, § 4, eff. Nov. 1, 2006.
§74-7009. Participating agencies - Qualifications - Criteria - Applications.
A. Participation in the State Charitable Campaign shall be limited to voluntary, charitable, health and welfare agencies that provide or support direct health and welfare services to individuals or their families and meet the criteria set out in this section. The health and welfare services shall be available to state employees, unless they are rendered to needy persons overseas. The services shall directly benefit human beings, whether children, youth, adults, the aged, the ill and infirm, or the mentally or physically handicapped. The services shall consist of care, research, or education in the fields of human health or social adjustment and rehabilitation; relief for victims of natural disasters and other emergencies; or assistance to those who are impoverished and, therefore, in need of food, shelter, clothing, and basic human welfare services.
B. For the purposes of the State Charitable Campaign, basic human welfare service shall not include:
1. Organizations whose primary purpose is the direct or indirect support of institutions of higher education;
2. Lobbying; and
3. Religious activities.
C. To be included in the State Charitable Campaign, a voluntary charitable agency, in addition to meeting the other requirements set forth in this section, shall:
1. Be a nonprofit, tax-exempt charitable organization and submit to the participating federation a 501(c)(3) exemption from the Internal Revenue Service;
2. Be incorporated or authorized to do business in this state as a private, nonprofit organization;
3. Register, annually, with the Secretary of State to solicit or accept contributions in this state;
4. Submit to the participating federation an audit of the agency, conducted by an accounting firm or individual holding a permit to practice public accounting in this state according to the generally accepted standards of accounting for nonprofit organizations; and
5. Submit to the participating federation a copy of the annual form 990.
D. Applications to the State Charitable Campaign shall be submitted to the Oversight Committee for State Employee Charitable Contributions from local federations which shall include United Ways, United Funds, Combined Health Appeals, International Social Service Agencies and any other local federation consisting of at least five local agencies which meet the requirements of this section. Each federation shall certify the application for its member agencies and shall give state charitable agencies precedence over national agencies if both qualify for the charitable contribution campaign. Applications from individual agencies shall not be accepted.
Added by Laws 1989, c. 142, § 9, emerg. eff. May 1, 1989. Amended by Laws 1990, c. 291, § 4, eff. Sept. 1, 1990; Laws 1991, c. 68, § 1, emerg. eff. April 12, 1991; Laws 1993, c. 103, § 8, eff. Jan. 1, 1995; Laws 1999, c. 421, § 42, eff. Nov. 1, 1999; Laws 2004, c. 312, § 18, eff. July 1, 2004; Laws 2006, c. 121, § 5, eff. Nov. 1, 2006.
§74-7009.1. Voluntary charitable agencies with budget of less than $50,000 - No audit required.
Notwithstanding the provisions of Section 7009 of Title 74 of the Oklahoma Statutes, if the annual budget of a voluntary charitable agency is less than Fifty Thousand Dollars ($50,000.00), no annual audit shall be required.
Added by Laws 1993, c. 103, § 9, emerg. eff. April 23, 1993.
§74-7010. Admission of agencies to campaign - State presence test - Exemptions.
A. A charitable agency wishing to be admitted to the State Charitable Campaign shall be required to demonstrate state presence. The agency must comply with all of the following criteria in order to meet the state presence test:
1. The agency must provide or procure direct human care services for persons residing in the state in which the charitable contribution campaign will be conducted;
2. The agency shall have a board of directors that serves without compensation;
3. A majority of the members of the board of directors shall be residents of the state;
4. Consumers of service from the state shall be represented within the membership of the board of directors; and
5. A substantial portion of the agency’s annual budget shall be derived from public solicitations in the State of Oklahoma.
B. Agencies whose primary focus is the providing of services to the needy overseas and Combined Health Agencies operating in this state shall be exempt from complying with the criteria set out in subsection A of this section and need not demonstrate state presence.
C. The Armed Forces Veterans Homes Foundation shall be exempt from the provisions of this section and shall be authorized to participate in the State Charitable Campaign.
Added by Laws 1989, c. 142, § 10, emerg. eff. May 1, 1989. Amended by Laws 1990, c. 291, § 5, eff. Sept. 1, 1990; Laws 1993, c. 103, § 10, eff. Jan. 1, 1995; Laws 2004, c. 312, § 19, eff. July 1, 2004.