State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0301

HB1180 Enrolled                                LRB9101697ACmb

    AN ACT in relation to solicitation by certain persons.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The Solicitation for Charity Act is amended
by changing Sections 1, 9, and 11 and adding Section  7.5  as
follows:

    (225 ILCS 460/1) (from Ch. 23, par. 5101)
    Sec.  1.  The following words and phrases as used in this
Act shall have the  following  meanings  unless  a  different
meaning is required by the context.
    (a)  "Charitable     organization."    Any    benevolent,
philanthropic,  patriotic,  or  eleemosynary  person  or  one
purporting to be such which solicits and collects  funds  for
charitable  purposes and includes each local, county, or area
division within this State of such  charitable  organization,
provided  such  local,  county or area division has authority
and discretion to disburse funds or property  otherwise  than
by transfer to any parent organization.
    (b)  "Contribution." The promise or grant of any money or
property  of any kind or value, including the promise to pay,
except  payments  by  union  members  of   an   organization.
Reference to the dollar amount of "contributions" in this Act
means  in  the  case  of  promises  to  pay,  or payments for
merchandise or rights of any other description, the value  of
the  total  amount  promised  to  be  paid  or  paid for such
merchandise or rights and not  merely  that  portion  of  the
purchase  price  to  be  applied  to  a  charitable  purpose.
Contribution  shall not include the proceeds from the sale of
admission tickets by any  not-for-profit  music  or  dramatic
arts  organization  which  establishes,  by such proof as the
Attorney  General  may  require,  that  it  has  received  an
exemption under Section 501(c)(3)  of  the  Internal  Revenue
Code and which is organized and operated for the presentation
of live public performances of musical or theatrical works on
a  regular  basis.  For  purposes  of  this subsection, union
member  dues  and  donated  services  shall  not  be   deemed
contributions.
    (c)  "Person."   Any   individual,  organization,  group,
association,   partnership,   corporation,   trust   or   any
combination of them.
    (d)  "Professional  fund  raiser."  Any  person  who  for
compensation or other consideration,  conducts,  manages,  or
carries  on  any solicitation drive or campaign in this State
or from this State or on behalf of a charitable  organization
residing  within  this  State  for  the purpose of soliciting
contributions for or on behalf of any charitable organization
or any other person, or who engages in the  business  of,  or
holds  himself  out to persons in this State as independently
engaged in the business of soliciting contributions for  such
purposes.  A  bona fide director, officer, employee or unpaid
volunteer of a charitable organization shall not be deemed  a
professional fund raiser unless the person is in a management
position and the majority of the individual's salary or other
compensation is computed on a percentage basis of funds to be
raised, or actually raised.
    (e)  "Professional  fund raising consultant."  Any person
who is retained by a charitable organization or trustee for a
fixed fee or rate that is not computed  on  a  percentage  of
funds  to  be  raised,  or  actually  raised, under a written
agreement,  to  only  plan,  advise,  consult,   or   prepare
materials  for a solicitation of contributions in this State,
but who does not manage, conduct or carry  on  a  fundraising
campaign  and  who  does not solicit contributions or employ,
procure,  or  engage  any  compensated  person   to   solicit
contributions  and  who  does not at any time have custody or
control of contributions.  A volunteer, employee or  salaried
officer of a charitable organization or trustee maintaining a
permanent  establishment  or  office  in  this State is not a
professional fundraising consultant.  An attorney, investment
counselor, or banker who advises an  individual,  corporation
or  association  to  make  a charitable contribution is not a
professional  fundraising  consultant  as  a  result  of  the
advice.
    (f)  "Charitable purpose."  Any  charitable,  benevolent,
philanthropic, patriotic, or eleemosynary purpose.
    (g)  "Charitable  Trust"  means  any relationship whereby
property is held by a person for a charitable purpose.
    (h)  "Education Program Service" means any activity which
provides information to the public of a nature  that  is  not
commonly known or facts which are not universally regarded as
obvious  or  as established by common understanding and which
informs the public of what  it  can  or  should  do  about  a
particular issue.
    (i)  "Primary  Program Service" means the program service
upon which an  organization  spends  more  than  50%  of  its
program   service   funds   or  the  program  activity  which
represents the largest expenditure of  funds  in  the  fiscal
period.
    (j)  "Professional  solicitor"  means  any natural person
who  is  employed  or  retained   for   compensation   by   a
professional   fund   raiser  to  solicit  contributions  for
charitable purposes from persons in this State or  from  this
State  or  on  behalf  of  a charitable organization residing
within this State.
    (k)  "Program  Service   Activity"   means   the   actual
charitable  program  activities  of a charitable organization
for which it expends its resources.
    (l)  "Program Service  Expense"  means  the  expenses  of
charitable  program  activity  and not management expenses or
fund  raising  expenses.   In  determining  Program   Service
Expense,  management  and  fund  raising  expenses may not be
included.
    (m)  "Public Safety  Personnel  Organization"  means  any
person  who  uses  any  of  the  words  "officer",  "police",
"policeman",   "policemen",   "troopers",   "sheriff",   "law
enforcement",   "fireman",   or  "firemen",  "paramedic",  or
similar  words  in  its   name   or   in   conjunction   with
solicitations, or in the title or name of to place ads or buy
subscriptions   in   a   magazine,   newspaper,   periodical,
advertisement  or  ad book, or any other medium of electronic
or print publication, and is not a  governmental  entity.  No
organization  may  be  a Public Safety Personnel Organization
unless 80% or more of its  voting  members  or  trustees  are
active, retired, or disabled police officers, peace officers,
firemen,  fire  fighters,  emergency  medical  technicians  -
ambulance,  emergency  medical  technicians  -  intermediate,
emergency medical technicians - paramedic, ambulance drivers,
or other medical assistance or first aid personnel.
    (m-5)  "Public    Safety   Personnel"   includes   police
officers, peace officers, firemen, fire  fighters,  emergency
medical    technicians   -   ambulance,   emergency   medical
technicians - intermediate, emergency medical  technicians  -
paramedic, ambulance drivers, and other medical assistance or
first aid personnel.
    (n)  "Trustee"  means  any  person,  individual, group of
individuals,  association,  corporation,   not   for   profit
corporation,  or  other  legal entity holding property for or
solicited  for  any  charitable  purpose;  or  any   officer,
director,  executive director or other controlling persons of
a corporation soliciting or holding property for a charitable
purpose.
(Source: P.A. 86-718; 87-755.)
    (225 ILCS 460/7.5 new)
    Sec. 7.5.  Public Safety Personnel Organization.
    (a)  Every  Public  Safety  Personnel  Organization  that
solicits contributions from the public shall, in addition  to
other provisions of this Act:
         (1)  Have  as  a  condition of public solicitation a
    provision included  in  every  professional  fund  raiser
    contract  providing  that  the  professional  fund raiser
    shall: (A) maintain and deliver  to  the  organization  a
    list  of  the names and addresses of all contributors and
    purchasers of merchandise, goods, services,  memberships,
    and  advertisements;  (B) deliver the list of the current
    year semiannually of each contribution  or  purchase  and
    specify  the  amount  of the contribution or purchase and
    the date of the transaction; and (C) assign ownership  of
    the list to the Public Safety Personnel Organization.
         The obligation required by this subdivision (1) does
    not  apply  to  a  professional  fund  raiser  under  the
    following conditions:
              (i)  the professional fund raiser does not have
         access  to  information  to  create and maintain the
         list and the Public  Safety  Personnel  Organization
         obtained  the information to create and maintain the
         list under the fund raising campaign by other means;
         or
              (ii)  the Public Safety Personnel  Organization
         and  the professional fund raiser agree to waive the
         obligation required by this subdivision (1).
         (2)  Act in accordance  with  Section  17-2  of  the
    Criminal  Code  of  1961,  and  violation of this Section
    shall also be subject to separate civil remedy hereunder.
    (b)  Any professional fund raiser who willfully  violates
the  provisions  of  this  Section  may  in addition to other
remedies be subject to a fine of $2,000 for  each  violation,
forfeiture  of  all  solicitation  fees,  and  enjoined  from
operating and soliciting the public.
    (c)  This Section does not apply to a contract that is in
effect  on  the  effective date of this amendatory Act of the
91st General  Assembly  (unless  the  contract  is  extended,
renewed,  or  revised  on or after the effective date of this
amendatory Act of the 91st General Assembly,  in  which  case
this Section applies to the contract on and after the date on
which the extension, renewal, or revision takes place).

    (225 ILCS 460/9) (from Ch. 23, par. 5109)
    Sec.  9.   (a) An action for violation of this Act may be
prosecuted by the Attorney General in the name of the  people
of  the  State,  and in any such action, the Attorney General
shall exercise all the powers and perform  all  duties  which
the   State's  Attorney  would  otherwise  be  authorized  to
exercise or to perform therein.
    (b)  This Act shall not be construed to limit or restrict
the exercise of the powers or the performance of  the  duties
of  the  Attorney General which he otherwise is authorized to
exercise or perform under  any  other  provision  of  law  by
statute or otherwise.
    (c)  Whenever  the  Attorney General shall have reason to
believe that any charitable organization,  professional  fund
raiser,  or  professional solicitor is operating in violation
of the provisions of this Act, or if  any  of  the  principal
officers  of  any  charitable  organization  has  refused  or
failed,   after  notice,  to  produce  any  records  of  such
organization or there is employed or is about to be  employed
in  any  solicitation  or  collection  of contributions for a
charitable organization any device, scheme,  or  artifice  to
defraud  or  for  obtaining money or property by means of any
false pretense,  representation  or  promise,  or  any  false
statement  has  been made in any application, registration or
statement required to be  filed  pursuant  to  this  Act,  in
addition  to any other action authorized by law, he may bring
in the circuit court an action in the name, and on behalf  of
the  people  of the State of Illinois against such charitable
organization and any other person who has participated or  is
about  to  participate  in such solicitation or collection by
employing such device, scheme, artifice, false representation
or promise, to enjoin such charitable organization  or  other
person  from  continuing  such  solicitation or collection or
engaging therein or doing any acts in furtherance thereof, or
to cancel any registration statement  previously  filed  with
the Attorney General.
    In  connection  with  such  proposed  action the Attorney
General is authorized to take proof in the manner provided in
Section 2-1003 of the  Code of Civil Procedure.
    (d)  Upon  a  showing  by  the  Attorney  General  in  an
application for an injunction that any person engaged in  the
solicitation  or collection of funds for charitable purposes,
either as an individual or as a member of a copartnership, or
as an officer of a corporation or as an agent for some  other
person,  or  copartnership or corporation, has been convicted
in this State or elsewhere of a felony or  of  a  misdemeanor
where    such    felony    or    misdemeanor   involved   the
misappropriation, misapplication or misuse of  the  money  or
property of another, he may enjoin such persons from engaging
in  any  solicitation  or  collection of funds for charitable
purposes.
    (e)  The Attorney  General  may  exercise  the  authority
granted  in  this Section against any charitable organization
or person which or who operates under the guise  or  pretense
of  being  an  organization  exempted  by  the  provisions of
Section 3 and is not in fact an organization entitled to such
an exemption.
    (f)  In any action brought under the provisions  of  this
Act,  the  Attorney  General is entitled to recover costs for
the use of this State.
    (g)  Any person who knowingly violates this  Section  may
be  enjoined from such conduct, removed from office, enjoined
from acting for charity and subject to  punitive  damages  as
deemed appropriate by the circuit court.
    (h)  Any  person  who  violates this Section shall not be
entitled  to  keep  or  receive   monies,   fees,   salaries,
commissions   or   any  compensation,  as  a  result  of  the
solicitations or fund raising campaigns, and at  the  request
of   the   Attorney  General  such  monies,  fees,  salaries,
commissions  or  any  compensation  shall  be  forfeited  and
subject to distribution to  charitable  use  as  a  court  of
equity determines.
    (i)  The Attorney General may publish an annual report of
all  charitable  organizations based on information contained
in reports filed hereunder stating the amount of  money  each
organization  received through solicitation and the amount of
money which was expended on program service activity and  the
percentage  of  the  solicited  assets  that were expended on
charitable activity.
    (j)  The Attorney General shall cancel  the  registration
of   any   organization,   professional   fund   raiser,   or
professional  solicitor  who  violates the provisions of this
Section.
    (k)  Any person who solicits financial  contributions  or
the  sale  of  merchandise,  goods, services, memberships, or
advertisements in violation of the prohibitions of subsection
(d-1)  of  Section  11  of  this  Act,   or   commits   false
personation,  use  of  title,  or  solicitation as defined by
Section 17-2 of the Criminal Code of 1961 shall, in  addition
to  any  other  penalties  provided for by law, be subject to
civil remedy by cause  of  action  brought  by  the  Attorney
General or a Public Safety Personnel Organization affected by
the violation.
    In addition to equitable relief, a successful claimant or
the  Attorney  General  shall  recover  damages of triple the
amount  collected  as  a  result  of  solicitations  made  in
violation of this Act, plus reasonable  attorney's  fees  and
costs.
    A  plaintiff  in  any suit filed under this Section shall
serve a copy of all pleadings on the Attorney General and the
State's Attorney for the county in which the suit is filed.
(Source: P.A. 87-755.)

    (225 ILCS 460/11) (from Ch. 23, par. 5111)
    Sec.  11.  (a)  No  person  shall  for  the  purpose   of
soliciting  contributions from persons in this State, use the
name of any other person, except that of an officer, director
or trustee of the charitable organization  by  or  for  which
contributions  are  solicited, without the written consent of
such other persons.
    (b)  A person shall be deemed to have used  the  name  of
another person for the purpose of soliciting contributions if
such  latter  person's  name  is  listed  on  any stationery,
advertisement, brochure or correspondence in or  by  which  a
contribution  is  solicited  by  or on behalf of a charitable
organization  or  his  name  is  listed  or  referred  to  in
connection with a request for a contribution as one  who  has
contributed   to,   sponsored   or  endorsed  the  charitable
organization or its activities.
    (c)  Nothing contained in this Section shall prevent  the
publication  of  names  of contributors without their written
consents, in an annual or other periodic report issued  by  a
charitable  organization  for the purpose of reporting on its
operations and affairs to its membership or for  the  purpose
of reporting contributions to contributors.
    (d)  No  charitable  organization  or  professional  fund
raiser  soliciting contributions shall use a name, symbol, or
statement so closely related  or  similar  to  that  used  by
another  charitable  organization or governmental agency that
the use thereof would tend to confuse or mislead the public.
    (d-1)  No Public Safety  Personnel  Organization  may  by
words  in  its  name  or  in  its  solicitations  claim to be
representing, acting on behalf of, assisting,  or  affiliated
with  the  public safety personnel of a particular municipal,
regional, or other geographical area, unless: (1) 80% or more
of the organization's voting members and trustees are persons
who  are  actively  employed  or  retired  or  disabled  from
employment within  the  particular  municipal,  regional,  or
other  geographical  area stated in the name or solicitation;
(2) all of these members are vested with the right to vote in
the election of the managing or controlling officers  of  the
organization  either  directly  or through delegates; and (3)
the organization includes  in  any  solicitation  the  actual
number of active, retired, or disabled police officers, peace
officers,   firemen,   fire   fighters,   emergency   medical
technicians  -  ambulance,  emergency  medical  technicians -
intermediate,  emergency  medical  technicians  -  paramedic,
ambulance drivers, or other medical assistance or  first  aid
personnel  who  are  members  of  the  organization  who  are
actively  employed,  retired,  or  disabled  from  employment
within   the   particular   municipal,   regional,  or  other
geographical area referenced in the solicitation.
    (d-2)  No person or organization may have a name or use a
name  using  the  words  "officer",  "police",   "policeman",
"policemen", "trooper", "sheriff", "law enforcement officer",
"deputy",  "chief of police", or similar words therein unless
80% or more of its trustees and voting  members  are  active,
retired, or disabled law enforcement personnel.
    (d-3)  No person or organization may have a name or use a
name  using  the  words "fireman", "firemen", "fire fighter",
"fire chief", "paramedic", or similar  words  therein  unless
80%  or  more  of its trustees and voting members are active,
retired or disabled fire fighters, firemen, emergency medical
technicians -  ambulance,  emergency  medical  technicians  -
intermediate,  emergency  medical  technicians  -  paramedic,
ambulance  drivers,  or other medical assistance or first aid
personnel.
    (d-4)  No person by words in a  Public  Safety  Personnel
Organization  name  or  in  solicitations made therefor shall
state he or she or his or her organization  is  assisting  or
affiliated  with  a  local,  municipal,  regional,  or  other
governmental  body  or  geographical  area  unless 80% of its
trustees and voting members are active, retired, or  disabled
police  officers,  law  enforcement  officials, firemen, fire
fighters,  emergency   medical   technicians   -   ambulance,
emergency   medical  technicians  -  intermediate,  emergency
medical technicians - paramedic, ambulance drivers, or  other
medical  assistance  or  first  aid  personnel  of the local,
municipal, regional, or other geographical area so  named  or
stated.  Nothing  in  this Act shall prohibit a Public Safety
Personnel Organization from  stating  the  actual  number  of
members it has in any geographical area.
    (e)  Any   person  or  organization  that  who  willfully
violates the provisions of this Section is guilty of a  Class
A  misdemeanor.  Any  person  or  organization that willfully
violates the provisions of this Section may  in  addition  to
other  remedies  be  subject  to  a  fine  of $2,000 for each
violation, shall be subject to forfeiture of all solicitation
fees, and shall be enjoined from operating as a  fund  raiser
and soliciting the public for fundraising purposes.
(Source: Laws 1963, p. 2082.)

    Section  10.   The  Criminal  Code  of 1961 is amended by
changing Section 17-2 as follows:
    (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
    Sec.   17-2.  False   personation;    use    of    title;
solicitation; certain entities. Impersonating Veteran, Member
of   Police,   Fraternal   or   Veterans'   Organization,  or
Representative of Charitable  Organization  -  Use  of  Words
"Chicago Police" etc. - Sentence.
    (a)  A  person commits a false personation when he or she
falsely represents himself or  herself  to  be  a  member  or
representative  of  any  veterans' or public safety personnel
organization police,  fraternal  or  veteran's  organization,
including    the    Illinois   Police   Association,   or   a
representative of any charitable organization,  or  when  any
person  exhibits  or  uses  in any manner any decal, badge or
insignia of  any  charitable,  public  safety  personnel,  or
veterans' police organization when not authorized to do so by
the  such  charitable,  public safety personnel, or veterans'
police organization.   "Public safety personnel organization"
has the meaning ascribed to that term in  Section  1  of  the
Solicitation for Charity Act.
    (a-5)  A  person  commits  a false personation when he or
she falsely represents himself or herself to be a veteran  in
seeking  employment  or  public  office.  In this subsection,
"veteran" means a person who has served in the Armed Services
or Reserved Forces of the United States.
    (b)  No person shall  use  the  words  "Chicago  Police,"
"Chicago  Police  Department,"  "Chicago Patrolman," "Chicago
Sergeant," "Chicago Lieutenant," "Chicago Peace  Officer"  or
any  other  words  to  the  same  effect  in the title of any
organization, magazine,  or  other  publication  without  the
express approval of the Chicago Police Board.
    (c)  (Blank).  No  person  may  solicit advertisements to
appear  in  any  firefighters',  law  enforcement  or  police
officers' magazine,  journal  or  other  publication  without
first  having obtained a current certificate of qualification
from the Illinois Attorney General.  Upon the presentation of
proof that the applicant does in fact represent a  legitimate
and  bona  fide  firefighters',  law  enforcement  or  police
officers'  publication, the Attorney General may issue to the
applicant  a  certificate   of   qualification   to   solicit
advertisements  on  behalf of such publication.  The Attorney
General shall prescribe forms and promulgate rules  governing
the  making  of applications and the certification of persons
under this subsection.
    (c-1)  No person may claim or represent that he or she is
acting on behalf of any police department, chief of a  police
department,  fire  department,  chief  of  a fire department,
sheriff's department, or sheriff  when  soliciting  financial
contributions or selling or delivering or offering to sell or
deliver  any  merchandise,  goods,  services, memberships, or
advertisements unless the chief  of  the  police  department,
fire  department,  and  the  corporate or municipal authority
thereof, or the sheriff has  first  entered  into  a  written
agreement  with the person or with an organization with which
the person  is  affiliated  and  the  agreement  permits  the
activity.
    (c-2)  No person, when soliciting financial contributions
or  selling  or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or  advertisements
may  claim  or  represent  that  he or she is representing or
acting on behalf of any nongovernmental organization  by  any
name  which  includes  "officer",  "peace officer", "police",
"law enforcement", "trooper",  "sheriff",  "deputy",  "deputy
sheriff",  "State  police",  or any other word or words which
would reasonably be understood to imply that the organization
is composed of law enforcement personnel unless the person is
actually  representing   or   acting   on   behalf   of   the
nongovernmental   organization,   and   the   nongovernmental
organization is controlled by and governed by a membership of
and  represents  a  group or association of active duty peace
officers, retired peace officers, or injured  peace  officers
and  before  commencing  the  solicitation or the sale or the
offers to sell any merchandise, goods, services, memberships,
or advertisements, a written contract between the  soliciting
or  selling  person  and the nongovernmental organization has
been entered into.
    (c-3)  No person may solicit financial  contributions  or
sell  or deliver or offer to sell or deliver any merchandise,
goods, services, memberships, or advertisements on behalf  of
a police, sheriff, or other law enforcement department unless
that  person  is actually representing or acting on behalf of
the department or governmental organization and  has  entered
into a written contract with the police chief, or head of the
law  enforcement  department,  and the corporate or municipal
authority thereof, or the sheriff, which specifies and states
clearly and fully the purposes for which the proceeds of  the
solicitation, contribution, or sale will be used.
    (c-4)  No person, when soliciting financial contributions
or  selling  or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or advertisements,
may claim or represent that he  or  she  is  representing  or
acting  on  behalf of any nongovernmental organization by any
name which  includes  the  term  "fireman",  "fire  fighter",
"paramedic",   or   any  other  word  or  words  which  would
reasonably be understood to imply that  the  organization  is
composed  of  fire  fighter or paramedic personnel unless the
person is actually representing or acting on  behalf  of  the
nongovernmental   organization,   and   the   nongovernmental
organization is controlled by and governed by a membership of
and  represents  a  group  or  association  of  active  duty,
retired,  or  injured fire fighters (for the purposes of this
Section, "fire fighter" has the meaning ascribed to that term
in Section 2 of the Illinois Fire Protection Training Act) or
active  duty,   retired,   or   injured   emergency   medical
technicians  -  ambulance,  emergency  medical  technicians -
intermediate,  emergency  medical  technicians  -  paramedic,
ambulance drivers, or other medical assistance or  first  aid
personnel, and before commencing the solicitation or the sale
or delivery or the offers to sell or deliver any merchandise,
goods,  services,  memberships,  or advertisements, a written
contract between the soliciting or  selling  person  and  the
nongovernmental organization has been entered into.
    (c-5)  No  person  may solicit financial contributions or
sell or deliver or offer to sell or deliver any  merchandise,
goods,  services, memberships, or advertisements on behalf of
a department or departments  of  fire  fighters  unless  that
person  is  actually  representing or acting on behalf of the
department or departments and  has  entered  into  a  written
contract with the department chief and corporate or municipal
authority  thereof  which  specifies  and  states clearly and
fully  the  purposes  for   which   the   proceeds   of   the
solicitation, contribution, or sale will be used.
    (d)  Sentence.  False  personation,  unapproved  use of a
name or title, or solicitation in  violation  of  subsections
(a),  and  (b),  and  (b-1)  of  this  Section  is  a Class C
misdemeanor.  False personation in  violation  of  subsection
(a-5)  is  a Class A misdemeanor. Engaging in any activity in
violation of subsection (c-1), (c-2), (c-3), (c-4), or  (c-5)
of  this  Section  is  a  Class  4  felony.  Solicitation  in
violation  of  subsection  (c)  of  this Section is a Class A
misdemeanor.   A  second  or  subsequent  conviction  for   a
violation  of  subsection (c) of this Section committed after
the first conviction is a Class 4 felony.
(Source: P.A. 89-324, eff. 8-13-95.)

    Section 95.  Severability.  The provisions  of  this  Act
are severable under Section 1.31 of the Statute on Statutes.
    Section  99.  Effective date.  This Act takes effect upon
becoming law.

[ Top ]