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NJASC "Pay-to-Play" Forms
This page has information and forms you may need for your school or district business office in order to comply with the recent New Jersey "Pay-to-Play" laws.
Even though NJASC is a 501(c)(3) non-profit organization, and most school districts pay for their membership and conference fees from Student Activity funds that are NOT taxpayer monies, the interpretation of these laws and the resulting administrative code by some districts do not distinguish between expenditures for Student Activities such as participation in NJASC activities by student councils and budgeted expenditures such as supply acquisition, school construction, etc.
We strongly believe there is a significant difference between student councils spending THEIR OWN funds raised in various ways from Student Activity accounts and Boards of Education spending tax revenue and/or state aid for construction, salaries, supplies, bus transportation, etc. This not only affects your participation in NJASC activities, but ALL the things your student council purchases in order to conduct its business and activities...
The passage and signing into law of P.L. 2007 c. 304 to relieve non-profit entities (like NJASC) from the burden of Political Contribution Disclosure is a good start. However, better clarification still needs to be made by the state to school districts regarding the status of non-profits and ALL purchase orders/contracts paid from Student Activity funds with regard to Business Registration Certificates and Certificates of Employee Report.
Our current findings are summarized below, and our attorneys will continue to look into these matters. In the meantime, we are still providing these forms in case your Business Office still asks for them...
Business Registration Certificate
UPDATE:
- According to N.J. Department of Treasury publication LFN 2004-17, dated August 6, 2004, the law (P.L. 2004, c. 57, which amends and supplements the business registration provisions of N.J.S.A. 52:32-44) does not cover contracts with non-profits. For more information, CLICK HERE to view N.J. Department of Treasury publication LFN 2004-17 or CLICK HERE to view their published instructions for contracting agencies and business organizations covered by P.L. 2004 c. 57.
- According to the N.J. Department of Community Affairs - Division of Local Government Services website, the provisions of P.L. 2004 c. 57 (and hence N.J.S.A. 52:32-44) also do not apply to contracts paid from school student activity funds, so long as there is no contribution of public funds. For more information CLICK HERE to visit the Frequently Asked Questions page at their website, which has this (section 8) and many other facts concerning Business Registration of Public Contractors in our state.
For your convenience, at this time we are keeping active the link to our Business Registration Certificate, as we anticipate it will take some time before School Business Administrators become fully aware of these facts and thus recognize that NJASC is exempted BY LAW from having to submit such information.
Print, fill out, & snail mail |
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BUSINESS REGISTRATION CERTIFICATE |
Certificate of Employee Report
UPDATE:
Given the passage of P.L. 2007 c. 304 and the other findings regarding Business Registration Certificates for non-profit entities and contracts involving Student Activity funds, we are now investigating whether exceptions for the aforementioned also apply to the provisions of N.J.S.A. 17:27, which "requires" all business entities that intend to "contract" with a Board of Education to submit a Certificate of Employee Report. Under the law as written a purchase order is considered a "contract", and NJASC is considered a "business entity". If your business office requests it, please print it out and submit it to them.
For your convenience, at this time we are keeping active the link below to our Certificate of Employee Report. In the interest of full disclosure, NJASC does not have any employees and is prevented from doing so under its bylaws.
Print, fill out, & snail mail |
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CERTIFICATE OF EMPLOYEE REPORT |
Download Form |
Political Contribution Disclosure
UPDATE:
On January 13, 2008 P.L. 2007 Chapter 304 was signed into law by Governor Jon Corzine. As a result, non-profits that contract with government entities are no longer required to file the Business Entity Annual Statement with the Election Law Enforcement Commission (ELEC). Non-profits are also no longer required to file similar disclosure documents with a government contracting agency prior to the award of a contract.
NJASC is a 501(c)(3) non-profit organization, and does NOT make political contributions to any candidate, political party, or organization. If you need a copy of our IRS Letter of Determination to verify our non-profit status, please scroll to the bottom of this page.
For your convenience, at this time we are keeping active the links to our Political Contribution Disclosure forms, as we anticipate it will take some time before School Business Administrators become fully aware of these facts and thus recognize that NJASC is now exempted BY LAW from having to submit such information.
| ATLANTIC County |
BERGEN County |
BURLINGTON County |
| CAMDEN County |
CAPE MAY County |
CUMBERLAND County |
| ESSEX County |
GLOUCESTER County |
HUDSON County |
| HUNTERDON County |
MERCER County |
MIDDLESEX County |
| MONMOUTH County |
MORRIS County |
OCEAN County |
| PASSAIC County |
SALEM County |
SOMERSET County |
| SUSSEX County |
UNION County |
WARREN County |
IRS 501(c)(3) Letter of Determination
If you need to prove to your Business Office that NJASC is a non-profit organization with current 501(c)(3) status, please submit a copy of the letter below. Given recent changes in legislation regarding the exemption of non-profit entities from the "Pay-to-Play" laws, verification of our 501(c)(3) status should exempt you from most (if not all) of the paperwork listed above!
Print, fill out, & snail mail |
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IRS 501(c)(3) LETTER OF DETERMINATION |
