Full Text of HB4697 95th General Assembly
HB4697 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4697
Introduced , by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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225 ILCS 460/2 |
from Ch. 23, par. 5102 |
225 ILCS 460/4 |
from Ch. 23, par. 5104 |
225 ILCS 460/9 |
from Ch. 23, par. 5109 |
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Amends the Solicitation for Charity Act. Requires certain charitable organizations registered under the Act to file a written report that includes a financial statement with the Attorney General within 36 months after the close of a 12-month reporting period (rather than on or before June 30 of each year, if its books are kept on a calendar basis, or within 6 months after the close of its fiscal year, if its books are kept on a fiscal year basis). Allows an organization that is required to file a written report for multiple 12-month periods to combine the financial statements for a maximum of 3 12-month periods in one 36-month reporting period. Makes related changes.
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A BILL FOR
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HB4697 |
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LRB095 15169 RAS 41149 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Solicitation for Charity Act is amended by | 5 |
| changing Sections 2, 4, and 9 as follows:
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| (225 ILCS 460/2) (from Ch. 23, par. 5102)
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| Sec. 2. Registration; rules; penalties.
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| (a) Every charitable organization, except as otherwise | 9 |
| provided in
Section 3 of this Act, which solicits or intends to | 10 |
| solicit contributions
from persons in this State or which is | 11 |
| located in this State, by any
means whatsoever shall, prior to | 12 |
| any solicitation, file with the Attorney
General upon forms | 13 |
| prescribed by him or her , a registration statement, accompanied
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| by a registration fee of $15, which statement shall
include the | 15 |
| following certified information:
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| 1. The name of the organization and the name or names | 17 |
| under which it
intends to solicit contributions.
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| 2. The names and addresses of the officers, directors, | 19 |
| trustees, and
chief executive officer of the organization.
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| 3. The addresses of the organization and the addresses | 21 |
| of any offices in
this State. If the organization does not | 22 |
| maintain a principal office, the
name and address of the | 23 |
| person having custody of its financial records.
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LRB095 15169 RAS 41149 b |
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| 4. Where and when the organization was legally | 2 |
| established, the form of
its organization and its tax | 3 |
| exempt status.
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| 5. The purpose for which the organization is organized | 5 |
| and the purpose
or purposes for which the contributions to | 6 |
| be solicited will be used.
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| 6. The date on which the fiscal year of the | 8 |
| organization ends.
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| 7. Whether the organization is authorized by any other | 10 |
| governmental
authority to solicit contributions and | 11 |
| whether it is or has ever been
enjoined by any court from | 12 |
| soliciting contributions.
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| 8. The names and addresses of any professional fund | 14 |
| raisers who are
acting or have agreed to act on behalf of | 15 |
| the organization.
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| 9. Methods by which solicitation will be made.
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| 10. Copies of contracts between charitable | 18 |
| organizations and
professional fund raisers relating to | 19 |
| financial compensation or profit to
be derived by the | 20 |
| professional fund raisers. Where any such contract is
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| executed after filing of registration statement, a copy | 22 |
| thereof shall be
filed within 10 days of the date of | 23 |
| execution.
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| 11. Board, group, or individual having final | 25 |
| discretion as to the
distribution and use of contributions | 26 |
| received.
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| (b) The registration statement shall be signed by the | 2 |
| president or other
authorized officer and the chief fiscal | 3 |
| officer of the organization.
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| (c) Such registration shall remain in effect unless it is | 5 |
| either
cancelled as provided in this Act or withdrawn by the | 6 |
| organization.
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| (d) Every registered organization shall notify the | 8 |
| Attorney General
within 10 days of any change in the | 9 |
| information required to be furnished by
such organization under | 10 |
| paragraphs 1 through 11 of subdivision (a) of this
Section.
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| (e) In no event shall a registration of a charitable | 12 |
| organization
continue, or be continued, in effect after the | 13 |
| date such organization
should have filed, but failed to file, a | 14 |
| an annual report in accordance with
the requirements of Section | 15 |
| 4 of this Act, and such organization shall
not be eligible to | 16 |
| file a new registration until it shall have filed the
required | 17 |
| annual report with the Attorney General. If such report is
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| subsequently filed and accepted by the Attorney General such | 19 |
| organization
may file a new registration.
If a person, trustee, | 20 |
| or organization fails to timely register or maintain a
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| registration of a trust or organization as required by this Act | 22 |
| or if its
registration is cancelled as provided in this Act, | 23 |
| and if that trust or
organization remains in existence and by | 24 |
| law is required to be registered, in
order to re-register or | 25 |
| file a late registration a current registration
statement must | 26 |
| be filed accompanied by financial reports in the form required
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LRB095 15169 RAS 41149 b |
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| herein for all past years. In all instances where | 2 |
| re-registration and late
registration are allowed, the new | 3 |
| registration materials must be filed,
accompanied by a penalty | 4 |
| registration fee of $200.
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| (f) Subject to reasonable rules and regulations adopted by | 6 |
| the Attorney
General, the register, registration statements, | 7 |
| annual reports, financial
statements, professional fund | 8 |
| raisers' contracts, bonds, applications for
registration and | 9 |
| re-registration, and other documents required to be filed
with | 10 |
| the Attorney General shall be open to public inspection.
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| Every person subject to this Act shall maintain accurate | 12 |
| and detailed
books and records at the principal office of the | 13 |
| organization to provide
the information required herein. All | 14 |
| such books and records shall be open
to inspection at all | 15 |
| reasonable times by the Attorney General or his or her duly
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| authorized representative.
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| (g) Where any local, county or area division of a | 18 |
| charitable
organization is supervised and controlled by a | 19 |
| superior or parent
organization, incorporated, qualified to do | 20 |
| business, or doing business
within this State, such local, | 21 |
| county or area division shall not be
required to register under | 22 |
| this Section if the superior or parent
organization files a | 23 |
| registration statement on behalf of the local, county
or area | 24 |
| division in addition to or as part of its own registration
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| statement. Where a registration statement has been filed by a | 26 |
| superior or
parent organization as provided in Section 2(g) of |
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| this Act, it shall
file the annual report required under | 2 |
| Section 4 of this Act on behalf of
the local, county or area | 3 |
| division in addition to or as part of its own
report, but the | 4 |
| accounting information required under Section 4 of this Act
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| shall be set forth separately and not in consolidated form with | 6 |
| respect to
every local, county or area division which raises or | 7 |
| expends more than
$4,000.
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| (h) The Attorney General may make rules of procedure and | 9 |
| regulations
necessary for the administration of this Act. | 10 |
| Copies of all such rules of
procedure and regulations and of | 11 |
| all changes therein, duly certified by the
Attorney General, | 12 |
| shall be filed in the office of the Secretary of State.
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| (i) If a person, organization, or trustee fails to register | 14 |
| or if
registration
of a trust or organization is cancelled as | 15 |
| provided in this Act, the
person, organization or
trustee is | 16 |
| subject to injunction, to removal, to account, and to
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| appropriate other relief before the circuit court exercising | 18 |
| chancery
jurisdiction.
In addition to any other relief granted | 19 |
| under this Act, the court may
impose a civil penalty of not | 20 |
| less than $500 nor more than $1,000 against the
organization or | 21 |
| trust estate that failed to
register or
failed to maintain a | 22 |
| registration required under this Act. The collected
penalty | 23 |
| funds shall be used for charitable trust enforcement and for | 24 |
| providing
charitable trust information to the public.
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| (Source: P.A. 90-469, eff. 8-17-97; 91-444, eff. 8-6-99.)
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| (225 ILCS 460/4) (from Ch. 23, par. 5104)
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| Sec. 4. (a) Every charitable organization registered | 3 |
| pursuant to Section 2
of this Act which shall receive in any 12 | 4 |
| month period ending upon its
established fiscal or calendar | 5 |
| year contributions in excess of $150,000
and every charitable | 6 |
| organization whose fund raising functions are not
carried on | 7 |
| solely by staff employees or persons who are unpaid for such
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| services, if the organization shall receive in any 12 month | 9 |
| period ending
upon its established fiscal or calendar year | 10 |
| contributions in excess of
$25,000, shall have 36 months after | 11 |
| the close of such 12-month period within which to file a
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| written report with the Attorney General upon forms
prescribed | 13 |
| by him or her. This , on or before June 30 of each year if its | 14 |
| books are kept
on a calendar basis, or within 6 months after | 15 |
| the close of its fiscal year
if its books are kept on a fiscal | 16 |
| year basis, which written report shall
include a
financial | 17 |
| statement covering the applicable immediately preceding 12 | 18 |
| month period of
operation. An organization that is required to | 19 |
| file a written report for multiple 12-month periods may combine | 20 |
| the financial statements for a maximum of 3 12-month periods in | 21 |
| one 36-month reporting period and, when necessary, the Attorney | 22 |
| General shall provide for a grace period in the case of such | 23 |
| combination reporting. Such financial statement shall include | 24 |
| a balance sheet and
statement of income and expense, and shall | 25 |
| be consistent with forms
furnished by the Attorney General | 26 |
| clearly setting forth the following:
gross receipts and gross |
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LRB095 15169 RAS 41149 b |
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| income from all sources, broken down into total
receipts and | 2 |
| income from each separate solicitation
project or source; cost | 3 |
| of administration; cost of solicitation; cost of
programs | 4 |
| designed to inform or educate the public; funds or properties
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| transferred out of this State, with explanation as to recipient | 6 |
| and
purpose; cost of fundraising; compensation paid to | 7 |
| trustees; and total net
amount disbursed or dedicated for each | 8 |
| major purpose,
charitable or otherwise. Such report shall also | 9 |
| include a statement of any
changes in the information required | 10 |
| to be contained in the registration
form filed on behalf of | 11 |
| such organization. The report shall be signed by
the president | 12 |
| or other authorized officer and the chief fiscal officer of
the | 13 |
| organization who shall certify that the statements therein are | 14 |
| true
and correct to the best of their knowledge, and shall be | 15 |
| accompanied by
an opinion signed by an independent certified | 16 |
| public accountant that the
financial statement therein fairly | 17 |
| represents the financial operations of
the organization in | 18 |
| sufficient detail to permit public evaluation of its
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| operations. Said opinion may be relied upon by the Attorney | 20 |
| General.
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| (b) Every organization registered pursuant to Section 2 of | 22 |
| this Act
which shall receive in any 12 month period ending upon | 23 |
| its established
fiscal or calendar year of any year
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| contributions:
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| (1) in excess of $15,000, but not in excess of $25,000, | 26 |
| during a
fiscal
year shall file only a simplified summary |
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| financial statement disclosing only
the gross receipts, | 2 |
| total disbursements, and assets on hand at the end of the
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| year on forms prescribed by the Attorney General; or
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| (2) in excess of $25,000, but not in excess of | 5 |
| $150,000, if it is not
required to submit a report under
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| subsection (a) of this Section, shall
file a written report | 7 |
| with the Attorney General upon forms prescribed by
him or | 8 |
| her , on or before June 30 of each year if its books are | 9 |
| kept on a calendar
basis, or within 6 months after the | 10 |
| close of its fiscal year if its books
are kept on a fiscal | 11 |
| year basis, which shall include a financial statement
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| covering the immediately preceding 12-month period of | 13 |
| operation limited to
a statement of such organization's | 14 |
| gross receipts from contributions, the
gross amount | 15 |
| expended for charitable educational programs, other | 16 |
| charitable
programs, management expense, and fund
raising | 17 |
| expenses including a separate statement of the cost of any | 18 |
| goods,
services or admissions supplied as part of its | 19 |
| solicitations, and the
disposition of the net proceeds from | 20 |
| contributions, including compensation
paid to trustees, | 21 |
| consistent with forms furnished by the Attorney General.
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| Such report shall also
include a statement of any changes | 23 |
| in the information required to be
contained in the | 24 |
| registration form filed on behalf of such organization.
The | 25 |
| report shall be signed by the president or other authorized | 26 |
| officer and
the chief fiscal officer of the organization |
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LRB095 15169 RAS 41149 b |
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| who shall certify that the
statements therein are true and | 2 |
| correct to the best of their knowledge.
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| (c) For any fiscal or calendar year of any organization | 4 |
| registered
pursuant to Section 2 of this Act in which such | 5 |
| organization would have
been exempt from registration pursuant | 6 |
| to Section 3 of this Act if it had
not been so registered, or in | 7 |
| which it did not solicit or receive
contributions, such | 8 |
| organization shall file, on or before June 30 of each
year if | 9 |
| its books are kept on a calendar basis, or within 6 months | 10 |
| after
the close of its fiscal year if its books are kept on a | 11 |
| fiscal year basis,
instead of the reports required by | 12 |
| subdivisions (a) or (b) of this Section,
a statement certified | 13 |
| under penalty of perjury by its president and chief fiscal
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| officer stating the exemption and the facts upon which it is | 15 |
| based or that
such organization did not solicit or receive | 16 |
| contributions in such fiscal
year. The statement shall also | 17 |
| include a statement of any
changes in the information required | 18 |
| to be contained in the registration form
filed on behalf of | 19 |
| such organization.
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| (d) As an alternative means of satisfying the duties and | 21 |
| obligations
otherwise imposed by this Section, any veterans | 22 |
| organization
chartered or incorporated under federal law and | 23 |
| any veterans organization
which is affiliated with, and | 24 |
| recognized in the bylaws of, a
congressionally chartered or | 25 |
| incorporated organization may, at its option,
annually file | 26 |
| with the Attorney General the following documents:
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LRB095 15169 RAS 41149 b |
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| (1) A copy of its Form 990, as filed with the Internal | 2 |
| Revenue Service.
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| (2) Copies of any reports required to be filed by the | 4 |
| affiliate with
the congressionally chartered or | 5 |
| incorporated veterans organization, as well
as copies of | 6 |
| any reports filed by the congressionally chartered or
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| incorporated veterans organization with the government of | 8 |
| the United States
pursuant to federal law.
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| (3) Copies of all contracts entered into by the | 10 |
| congressionally
chartered or incorporated veterans | 11 |
| organization or its affiliate for
purposes of raising funds | 12 |
| in this State, such copies to be filed with the
Attorney | 13 |
| General no more than 30 days after execution of the | 14 |
| contracts.
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| (e) As an alternative means of satisfying all of the duties | 16 |
| and
obligations otherwise imposed by this Section, any person, | 17 |
| pursuant
to a
contract with a charitable organization, a | 18 |
| veterans organization or an
affiliate described or referred to | 19 |
| in subsection (d), who receives,
collects, holds or transports | 20 |
| as the agent of the organization or affiliate
for purposes of | 21 |
| resale any used or second hand personal property, including
but | 22 |
| not limited to household goods, furniture or clothing donated | 23 |
| to the
organization or affiliate may, at its option, annually | 24 |
| file with the
Attorney General the following documents, | 25 |
| accompanied by an annual filing fee
of $15:
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| (1) A notarized report including the number of |
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LRB095 15169 RAS 41149 b |
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| donations of personal
property it has received on behalf of | 2 |
| the charitable organization, veterans
organization or | 3 |
| affiliate during the proceeding year. For purposes of this
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| report, the number of donations of personal property shall | 5 |
| refer to the
number of stops or pickups made regardless of | 6 |
| the number of items received
at each stop or pickup. The | 7 |
| report may cover the person's fiscal year, in
which case it | 8 |
| shall be filed with the Attorney General no later than 90
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| days after the close of that fiscal year.
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| (2) All contracts with the charitable organization, | 11 |
| veterans
organization or affiliate under which the person | 12 |
| has acted as an agent for
the purposes listed above.
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| (3) All contracts by which the person agreed to pay the | 14 |
| charitable
organization, veterans organization or | 15 |
| affiliate a fixed amount for, or a
fixed percentage of the | 16 |
| value of, each donation of used or second hand
personal | 17 |
| property. Copies of all such contracts shall be filed no | 18 |
| later
than 30 days after they are executed.
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| (f) The Attorney General may seek appropriate equitable | 20 |
| relief from a
court or, in his or her discretion, cancel the | 21 |
| registration
of any organization which fails to comply with | 22 |
| subdivision (a), (b) or (c) of
this Section within the time | 23 |
| therein prescribed, or fails to furnish such
additional | 24 |
| information as is requested by the Attorney General within the
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| required time; except that the time may be extended by the | 26 |
| Attorney General
for a period not to exceed 60 days upon a |
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HB4697 |
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LRB095 15169 RAS 41149 b |
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| timely written
request and for
good cause stated. Unless | 2 |
| otherwise stated herein, the Attorney General
shall, by
rule, | 3 |
| set forth the standards used to determine whether a | 4 |
| registration
shall be cancelled as authorized by this | 5 |
| subsection. Such standards shall
be stated as precisely and | 6 |
| clearly as practicable, to inform fully those
persons affected. | 7 |
| Notice of such cancellation shall be mailed to the
registrant | 8 |
| at least 15 days before the effective date thereof.
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| (g) The Attorney General in his or her discretion may, | 10 |
| pursuant to rule,
accept executed copies of federal Internal | 11 |
| Revenue returns and reports as a
portion of the foregoing
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| annual reporting in the interest of minimizing paperwork, | 13 |
| except there
shall be no substitute for the independent | 14 |
| certified public accountant
audit opinion required by this Act.
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| (h) The Attorney General after canceling the registration | 16 |
| of any trust
or organization which fails to comply with
this
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| Section within the time therein prescribed may by court | 18 |
| proceedings, in
addition to all other relief, seek to
collect | 19 |
| the assets and distribute such under court supervision to other
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| charitable purposes.
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| (i) Every trustee, person, and organization required to | 22 |
| file a an annual
report shall pay a filing fee of $15 with each | 23 |
| annual financial report filed
pursuant to this Section. If a | 24 |
| proper and complete annual report is not timely
filed, a late | 25 |
| filing fee of an additional $100 is imposed and shall be paid
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| as a condition of filing a late report. Reports submitted |
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LRB095 15169 RAS 41149 b |
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| without the proper
fee shall not be accepted for filing. | 2 |
| Payment of the late filing fee and
acceptance by the Attorney | 3 |
| General shall both be conditions of filing a late
report. All | 4 |
| late filing fees shall be used to provide charitable trust
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| enforcement and dissemination of charitable trust information | 6 |
| to the public and
shall be maintained in a separate fund for | 7 |
| such purpose known as the Illinois
Charity Bureau Fund.
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| (j) There is created hereby a separate special fund in the | 9 |
| State Treasury to
be known as the Illinois Charity Bureau Fund. | 10 |
| That Fund shall be under the
control of the Attorney General, | 11 |
| and the funds, fees, and penalties deposited
therein shall be | 12 |
| used by the Attorney General to enforce the provisions of this
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| Act and to gather and disseminate information about charitable | 14 |
| trustees and
organizations to the public.
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| (Source: P.A. 90-469, eff. 8-17-97; 91-444, eff. 8-6-99.)
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| (225 ILCS 460/9) (from Ch. 23, par. 5109)
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| Sec. 9. (a) An action for violation of this Act may be | 18 |
| prosecuted by the
Attorney General in the name of the people of | 19 |
| the State, and in any such
action, the Attorney General shall | 20 |
| exercise all the powers and perform all
duties which the | 21 |
| State's Attorney would otherwise be authorized to exercise
or | 22 |
| to perform therein.
| 23 |
| (b) This Act shall not be construed to limit or restrict | 24 |
| the exercise of
the powers or the performance of the duties of | 25 |
| the Attorney General which
he otherwise is authorized to |
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LRB095 15169 RAS 41149 b |
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| exercise or perform under any other provision
of law by statute | 2 |
| or otherwise.
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| (c) Whenever the Attorney General shall have reason to | 4 |
| believe that any
charitable organization, professional fund | 5 |
| raiser, or professional
solicitor is operating in violation of | 6 |
| the provisions of this Act, or if
any of the principal officers | 7 |
| of any charitable organization has refused or
failed, after | 8 |
| notice, to produce any records of such organization or there
is | 9 |
| employed or is about to be employed in any solicitation or | 10 |
| collection of
contributions for a charitable organization any | 11 |
| device, scheme, or artifice
to defraud or for obtaining money | 12 |
| or property by means of any false
pretense, representation or | 13 |
| promise, or any false statement has been made
in any | 14 |
| application, registration or statement required to be filed | 15 |
| pursuant
to this Act, in addition to any other action | 16 |
| authorized by law, he may
bring in the circuit court an action | 17 |
| in the name, and on behalf of the
people of the State of | 18 |
| Illinois against such charitable organization and
any other | 19 |
| person who has participated or is about to participate in such
| 20 |
| solicitation or collection by employing such device, scheme, | 21 |
| artifice,
false representation or promise, to enjoin such | 22 |
| charitable organization or
other person from continuing such | 23 |
| solicitation or collection or engaging
therein or doing any | 24 |
| acts in furtherance thereof, or to cancel any
registration | 25 |
| statement previously filed with the Attorney General.
| 26 |
| In connection with such proposed action the Attorney |
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| General is
authorized to take proof in the manner provided in | 2 |
| Section 2-1003
of the Code of Civil Procedure.
| 3 |
| (d) Upon a showing by the Attorney General in an | 4 |
| application for an
injunction that any person engaged in the | 5 |
| solicitation or collection of
funds for charitable purposes, | 6 |
| either as an individual or as a member of a
copartnership, or | 7 |
| as an officer of a corporation or as an agent for some
other | 8 |
| person, or copartnership or corporation, has been convicted in | 9 |
| this
State or elsewhere of a felony or of a misdemeanor where | 10 |
| such felony or
misdemeanor involved the misappropriation, | 11 |
| misapplication or misuse of the
money or property of another, | 12 |
| he may enjoin such persons from engaging in
any solicitation or | 13 |
| collection of funds for charitable purposes.
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| (e) The Attorney General may exercise the authority granted | 15 |
| in this
Section against any charitable organization or person | 16 |
| which or who operates
under the guise or pretense of being an | 17 |
| organization exempted by the
provisions of Section 3 and is not | 18 |
| in fact an organization entitled to
such an exemption.
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| (f) In any action brought under the provisions of this Act, | 20 |
| the Attorney
General is entitled to recover costs for the use | 21 |
| of this State.
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| (g) Any person who knowingly violates this Section may be | 23 |
| enjoined
from such conduct, removed from office, enjoined from | 24 |
| acting for charity
and subject to punitive damages as deemed | 25 |
| appropriate by the circuit
court.
| 26 |
| (h) Any person who violates this Section shall not be |
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LRB095 15169 RAS 41149 b |
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| entitled to keep
or receive monies, fees, salaries, commissions | 2 |
| or any compensation, as a
result of the solicitations or fund | 3 |
| raising campaigns, and at the request
of the Attorney General | 4 |
| such monies, fees, salaries, commissions or any
compensation | 5 |
| shall be forfeited and subject to distribution to charitable
| 6 |
| use as a court of equity determines.
| 7 |
| (i) The Attorney General may publish an annual report of | 8 |
| all reporting charitable
organizations based on information | 9 |
| contained in reports filed hereunder
stating the amount of | 10 |
| money each organization received through solicitation
and the | 11 |
| amount of money which was expended on program service activity | 12 |
| and
the percentage of the solicited assets that were expended | 13 |
| on charitable activity.
| 14 |
| (j) The Attorney General shall cancel the registration of | 15 |
| any
organization, professional fund raiser, or professional | 16 |
| solicitor who
violates the provisions of this Section.
| 17 |
| (k) Any person who solicits financial contributions or the | 18 |
| sale of
merchandise, goods,
services, memberships, or | 19 |
| advertisements in violation of the prohibitions of
subsection | 20 |
| (d-1) of
Section 11 of this Act, or commits false personation, | 21 |
| use
of title, or
solicitation as defined by Section 17-2 of the | 22 |
| Criminal Code of 1961 shall, in
addition to any other penalties | 23 |
| provided for by law, be subject to civil remedy
by cause of | 24 |
| action brought by the Attorney General or a
Public Safety | 25 |
| Personnel Organization affected by the violation.
| 26 |
| In addition to equitable relief, a successful claimant or |
|
|
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HB4697 |
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LRB095 15169 RAS 41149 b |
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| 1 |
| the Attorney
General shall recover damages of
triple the amount | 2 |
| collected as a result of solicitations made in violation of
| 3 |
| this Act, plus
reasonable attorney's fees and costs.
| 4 |
| A plaintiff in any suit filed under this Section shall
| 5 |
| serve a copy of all
pleadings on the Attorney General and the | 6 |
| State's Attorney for the county in
which the suit is
filed.
| 7 |
| (Source: P.A. 91-301, eff. 7-29-99.)
|
|