Philadelphia Nonprofit Law Blog

Arts Policy Positions of Obama and McCain

The Americans for the Arts has released its comparison of the arts policy positions of the presidential candidates, which can be reviewed here: Arts Policy Comparisons

National Arts and Humanities Month Starts Today!

Watch this video from Americans for the Arts. I am a lawyer now, but my years as music student and professional musician no doubt made me a better lawyer and a better human. My arts training brings me back to what is really important in the world.
- KDA

I have Confidence in AIG's Insurance Policies

Non-profits and artists who are insured by an AIG insurance policy can feel less stressed.The Pennsylvania Insurance Department has issued a press release to AIG policy holders assuring them of the solvency of AIG's insurance companies operating in Pennsylvania.

As a former insurance lawyer to AIG, I feel confident that AIG will be able to make good on its insurance obligations to consumers. AIG has been under the microscope over the last few years, and it does not seem likely that any government regulators would overstate confidence in AIG. To me, this press release is reliable. If you are a policyholder, your concerns over your policy can be put far on the back burner. If you are a stockholder well that is a different story.....

FUMo Trial - Great New Blog

I was wondering how I was going to follow this trial without having to go down to court everyday. Well, reporter Tom Namaki at City Paper has taken care of it for me. He has his own Fumo trial blog called Fumogation and you can also follow him on Twitter. Vincento Fumo II has his own blog on blogger but I can't read it because you need to be invited in...

AIG and Me

As a former employee in the legal department of AIG, I have to say something about this. Frankly, I don't really understand what happened. But I do know it is astounding. When I started at AIG in New York in 2002 it was a company that we were all sure would never even have to worry about bankruptcy. Now the government owns most of the company...even Mr. Greenberg has not been told why this option was chosen.

Hank Greenberg is a fascinating person. I hope you check out this interesting interview of Mr. Greenberg on Charlie Rose:

Hank Greenberg and Charlie Rose

Raise the Volunteer Mileage Rate! Part II

Since I lasted posted on this issue, U.S. Senator Grassley (Ranking Member of the Senate Finance Committee) has announced that he will support The Fair Deal for Volunteers Act of 2008 (S.3246) the volunteer mileage bill introduced by Senators Cardin [D-MD], Mikulski [D-MD] and Snowe [R-ME] (cosponsored by Senators Cantwell [D-WA] and Leahy [D-VT]). This bill would likely raise the rate for nonprofits from 14 cents to only 27 cents. However, S.3246 would result in significantly less benefit to nonprofits than other bills recently introduced on the same issue. For example, the bill proposed by PA legislators proposes equity between for-profits and nonprofits.

A problem is that the three pending bills fragment the issue. There are only about 10 days left in this year's session. If fragmentation prevents a suitable bill from passing, all the bills will die. Legislation on this issue will have to be re-introduced next year. And who knows what will happen to gas prices by then...

An overview of the competing proposals are:

1.     S.3421 by Senator Bob Casey [D-PA] and H.R.2020 by Congressman Todd Platts [R-19-PA] for 100% of the standard business mileage rate (58.5 cents). 

2.     “The Give Act” (S.3429) by Senator Schumer [D-NY] to raise the volunteer rate to 70% of the standard business rate (41 cents) 

3.     "The Fair Deal for Volunteers Act" described at the beginning of this post, which is the bill tha is least beneficial for volunteers and nonprofit. My colleagues at PANO are working hard to galvanize support for Option #1 or Option #2 above. Option #3 simply is not good enough.

    Including Congressman Platts and Senator Casey, only Congressmen Carney [PA-10], Gerlach [PA-6] and English [PA-3] cosponsored legislation on the volunteer mileage rate. That leaves us with 15 Pennsylvania members of Congress and one US Senator (Specter) who have neither cosponsored nor expressed opposition.  So if you have not already contacted your member of Congress, please contact them now.  If you sent an email, then follow-up with a phone call.  Please contact your members of Congress now. These bills will be considered very soon, and there are only about 10 days left in this year's congressional session, so there is very little time. Please contact your legislators as soon as possible!

For more information http://www.pano.org/publicpolicy/publicpolicy-irs_CRR.php.

Enormous College Endowments - Senator Grassley Roundtable

On Monday, September 8, 2008, Sen. Charless Grassley and Congressman Peter Welch will host a roundtable on enormous college endowments. Should colleges be required to make a minimum payout of their endowments each year? Under current tax law, college endowments are not required to pay out any endowment funds. This is in comparison to private foundations, which are required to pay out 5% each year.

I love school. And I love colleges. But when I hear that the combined endowments of top universities amount to more than the gross domestic product of a small country, I start to have a problem with this. It sounds like hoarding and I don't know what the hoarding is for. I would really love to know what the amount of the combined outstanding student loan debt is in this country and compare it to the endowment numbers. 

On the other hand, there are real concerns regarding whether a required payout would break the higher education system, which certainly has been enormously beneficial and successful in this country.

I will be listening in on the roundtable. According to Sen. Grassley's site, the roundtable will be webstreamed at the Senate finance committee site: Endowment Roundtable. A lot of great background material is available at the site, also. Check it out and please let me know what you think!

More Assistance for Artists

Since I recently posted about one nonprofit that provides assistance to artists, called Fractured Atlas, I wanted to post about another great organization that helps artists called Performance Wellness . Performance Wellness is a 501(c)(3) that offers a wide range of mind-body health services to artists and musicians at low-cost. What makes Performance Wellness unique in the wellness "industry" (if there is such a thing) is that Performance Wellness helps musicians improve their own lives, happiness, and health by using the artist's own innate creativity to help the artist heal himself or herself. Performance Wellness' Executive Director, Dr. Louise Montello, is a highly dedicated and experienced psychotherapist and pianist. Performance Wellness provide workshops world-wide. For those who cannot make it to workshops, Dr. Montello has written wonderful books about her work that can be purchased from Performance Wellness' online store. Here is a link: Performance Wellness Online Store.

Fractured Atlas in New York City

I just joined Fractured Atlas as a member. Fractured Atlas is a national nonprofit organization that serves artists and the arts community by providing services, information, access to health insurance, and advocacy, among many other things. Read more about Fractured Atlas at its website. 

I am very excited about Fractured Atlas' work in health care. I will be reading FA's blog posts on health policy to help inform the Monastics Health Insurance Project (which is explained at its Google Groups Page).

IRS Releases Revised Form 990 Instructions

The revision to the 2008 form 990 Instructions is complete..with voluminous background information which, I am sure, will be delightful to plod through..Form 990 Instructions

Form 990-EZ Instructions are expected to be released in a few weeks.