Proposed Highland View PTO Bylaw Changes

Highland View PTO

Proposed Bylaw Amendments

For consideration at the general meeting 3/9/2015

To be voted on at the general meeting 4/20/2015

Amendment 1:

Article 3  Section D

Reason for amendment:
To apply for tax exempt status, the IRS requires very specific language.  In the past, the language was looser, and Article 3 appears to be an attempt to fulfill that requirement.  However, if we are going to be tax exempt, we need to update the bylaws to meet the current requirements.

Previously:
Section D.  In the event of the dissolution of this organization, its assets shall be distributed for one or more of the exempt purposes specified in Sec. 501(c)(3) of the Internal Revenue Code of 1954 as from time to time amended, with the limitation that the purposes be related to the public education of Highland View School children.

Proposed: 
Section D.    The purpose or purposes for which the organization is organized:
The organization is organized exclusively for charitable purposes under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code.

Section E.    Limitations on the distribution of net earnings of the organization:
No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to make payments and distributions in furtherance of the purposes set forth in Section D. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office.  Notwithstanding any other provision of these articles, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or the corresponding section of any future federal tax code.

Section F.  Distribution of assets upon dissolution of the organization:
Upon the dissolution of this organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose.

Amendment 2:

Article 5  Section F

Reason for amendment:
Remove the requirement that an officer can only run for a third term if no one else is also running.  

Previously:
Section F.  A person shall not be eligible to serve more than two consecutive terms in the same office, unless no other candidates come forward for nomination.

Proposed:
Remove Section F.