State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ][ Enrolled ][ House Amendment 001 ]

91_HB1180

 
                                               LRB9101697ACmb

 1        AN ACT in relation to solicitation by certain persons.

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

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

 7        (225 ILCS 460/1) (from Ch. 23, par. 5101)
 8        Sec. 1. The following words and phrases as used  in  this
 9    Act  shall  have  the  following  meanings unless a different
10    meaning is required by the context.
11        (a)  "Charitable    organization."    Any     benevolent,
12    philanthropic,  patriotic,  or  eleemosynary  person  or  one
13    purporting  to  be such which solicits and collects funds for
14    charitable purposes and includes each local, county, or  area
15    division  within  this State of such charitable organization,
16    provided such local, county or area  division  has  authority
17    and  discretion  to disburse funds or property otherwise than
18    by transfer to any parent organization.
19        (b)  "Contribution." The promise or grant of any money or
20    property of any kind or value, including the promise to  pay,
21    except   payments   by  union  members  of  an  organization.
22    Reference to the dollar amount of "contributions" in this Act
23    means in the  case  of  promises  to  pay,  or  payments  for
24    merchandise  or rights of any other description, the value of
25    the total amount  promised  to  be  paid  or  paid  for  such
26    merchandise  or  rights  and  not  merely that portion of the
27    purchase  price  to  be  applied  to  a  charitable  purpose.
28    Contribution shall not include the proceeds from the sale  of
29    admission  tickets  by  any  not-for-profit music or dramatic
30    arts organization which establishes, by  such  proof  as  the
31    Attorney  General  may  require,  that  it  has  received  an
 
                            -2-                LRB9101697ACmb
 1    exemption  under  Section  501(c)(3)  of the Internal Revenue
 2    Code and which is organized and operated for the presentation
 3    of live public performances of musical or theatrical works on
 4    a regular basis.  For  purposes  of  this  subsection,  union
 5    member   dues  and  donated  services  shall  not  be  deemed
 6    contributions.
 7        (c)  "Person."  Any  individual,   organization,   group,
 8    association,   partnership,   corporation,   trust   or   any
 9    combination of them.
10        (d)  "Professional  fund  raiser."  Any  person  who  for
11    compensation  or  other  consideration, conducts, manages, or
12    carries on any solicitation drive or campaign in  this  State
13    or  from this State or on behalf of a charitable organization
14    residing within this State  for  the  purpose  of  soliciting
15    contributions for or on behalf of any charitable organization
16    or  any  other  person, or who engages in the business of, or
17    holds himself out to persons in this State  as  independently
18    engaged  in the business of soliciting contributions for such
19    purposes. A bona fide director, officer, employee  or  unpaid
20    volunteer  of a charitable organization shall not be deemed a
21    professional fund raiser unless the person is in a management
22    position and the majority of the individual's salary or other
23    compensation is computed on a percentage basis of funds to be
24    raised, or actually raised.
25        (e)  "Professional fund raising consultant."  Any  person
26    who is retained by a charitable organization or trustee for a
27    fixed  fee  or  rate  that is not computed on a percentage of
28    funds to be raised,  or  actually  raised,  under  a  written
29    agreement,   to   only  plan,  advise,  consult,  or  prepare
30    materials for a solicitation of contributions in this  State,
31    but  who  does  not manage, conduct or carry on a fundraising
32    campaign and who does not solicit  contributions  or  employ,
33    procure,   or   engage  any  compensated  person  to  solicit
34    contributions and who does not at any time  have  custody  or
 
                            -3-                LRB9101697ACmb
 1    control  of contributions.  A volunteer, employee or salaried
 2    officer of a charitable organization or trustee maintaining a
 3    permanent establishment or office in  this  State  is  not  a
 4    professional fundraising consultant.  An attorney, investment
 5    counselor,  or  banker who advises an individual, corporation
 6    or association to make a charitable  contribution  is  not  a
 7    professional  fundraising  consultant  as  a  result  of  the
 8    advice.
 9        (f)  "Charitable  purpose."  Any  charitable, benevolent,
10    philanthropic, patriotic, or eleemosynary purpose.
11        (g)  "Charitable Trust" means  any  relationship  whereby
12    property is held by a person for a charitable purpose.
13        (h)  "Education Program Service" means any activity which
14    provides  information  to  the public of a nature that is not
15    commonly known or facts which are not universally regarded as
16    obvious or as established by common understanding  and  which
17    informs  the  public  of  what  it  can  or should do about a
18    particular issue.
19        (i)  "Primary Program Service" means the program  service
20    upon  which  an  organization  spends  more  than  50% of its
21    program  service  funds  or  the   program   activity   which
22    represents  the  largest  expenditure  of funds in the fiscal
23    period.
24        (j)  "Professional solicitor" means  any  natural  person
25    who   is   employed   or   retained  for  compensation  by  a
26    professional  fund  raiser  to  solicit   contributions   for
27    charitable  purposes  from persons in this State or from this
28    State or on behalf  of  a  charitable  organization  residing
29    within this State.
30        (k)  "Program   Service   Activity"   means   the  actual
31    charitable program activities of  a  charitable  organization
32    for which it expends its resources.
33        (l)  "Program  Service  Expense"  means  the  expenses of
34    charitable program activity and not  management  expenses  or
 
                            -4-                LRB9101697ACmb
 1    fund   raising  expenses.   In  determining  Program  Service
 2    Expense, management and fund  raising  expenses  may  not  be
 3    included.
 4        (m)  "Public  Safety  Personnel  Organization"  means any
 5    person  who  uses  any  of  the  words  "officer",  "police",
 6    "policeman",   "policemen",   "troopers",   "sheriff",   "law
 7    enforcement",  "fireman",  or  "firemen",   "paramedic",   or
 8    similar   words   in   its   name   or  in  conjunction  with
 9    solicitations, or in the title or name of to place ads or buy
10    subscriptions   in   a   magazine,   newspaper,   periodical,
11    advertisement or ad book, or any other medium  of  electronic
12    or  print  publication,  and is not a governmental entity. No
13    organization may be a Public  Safety  Personnel  Organization
14    unless  80%  or  more  of  its voting members or trustees are
15    active, retired, or disabled police officers, peace officers,
16    firemen,  fire  fighters,  emergency  medical  technicians  -
17    ambulance,  emergency  medical  technicians  -  intermediate,
18    emergency medical technicians - paramedic, ambulance drivers,
19    or other medical assistance or first aid personnel.
20        (m-5)  "Public   Safety   Personnel"   includes    police
21    officers,  peace  officers, firemen, fire fighters, emergency
22    medical   technicians   -   ambulance,   emergency    medical
23    technicians  -  intermediate, emergency medical technicians -
24    paramedic, ambulance drivers, and other medical assistance or
25    first aid personnel.
26        (n)  "Trustee" means any  person,  individual,  group  of
27    individuals,   association,   corporation,   not  for  profit
28    corporation, or other legal entity holding  property  for  or
29    solicited   for  any  charitable  purpose;  or  any  officer,
30    director, executive director or other controlling persons  of
31    a corporation soliciting or holding property for a charitable
32    purpose.
33    (Source: P.A. 86-718; 87-755.)
 
                            -5-                LRB9101697ACmb
 1        (225 ILCS 460/7.5 new)
 2        Sec. 7.5.  Public Safety Personnel Organization.
 3        (a)  Every  Public  Safety  Personnel  Organization  that
 4    solicits  contributions from the public shall, in addition to
 5    other provisions of this Act:
 6             (1)  Have as a condition of  public  solicitation  a
 7        provision  included  in  every  professional  fund raiser
 8        contract providing  that  the  professional  fund  raiser
 9        shall:  (A)  maintain  and  deliver to the organization a
10        list of the names and addresses of all  contributors  and
11        purchasers  of merchandise, goods, services, memberships,
12        and advertisements; (B) deliver the list of  the  current
13        year  semiannually  of  each contribution or purchase and
14        specify the amount of the contribution  or  purchase  and
15        the  date of the transaction; and (C) assign ownership of
16        the list to the Public Safety Personnel Organization.
17             The obligation required by this subdivision (1) does
18        not  apply  to  a  professional  fund  raiser  under  the
19        following conditions:
20                  (i)  the professional fund raiser does not have
21             access to information to  create  and  maintain  the
22             list  and  the  Public Safety Personnel Organization
23             obtained the information to create and maintain  the
24             list under the fund raising campaign by other means;
25             or
26                  (ii)  the  Public Safety Personnel Organization
27             and the professional fund raiser agree to waive  the
28             obligation required by this subdivision (1).
29             (2)  Act  in  accordance  with  Section  17-2 of the
30        Criminal Code of 1961,  and  violation  of  this  Section
31        shall also be subject to separate civil remedy hereunder.
32        (b)  Any  professional fund raiser who willfully violates
33    the provisions of this  Section  may  in  addition  to  other
34    remedies  be  subject to a fine of $2,000 for each violation,
 
                            -6-                LRB9101697ACmb
 1    forfeiture  of  all  solicitation  fees,  and  enjoined  from
 2    operating and soliciting the public.
 3        (c)  This Section does not apply to a contract that is in
 4    effect on the effective date of this amendatory  Act  of  the
 5    91st  General  Assembly  (unless  the  contract  is extended,
 6    renewed, or revised on or after the effective  date  of  this
 7    amendatory  Act  of  the 91st General Assembly, in which case
 8    this Section applies to the contract on and after the date on
 9    which the extension, renewal, or revision takes place).

10        (225 ILCS 460/9) (from Ch. 23, par. 5109)
11        Sec. 9.  (a) An action for violation of this Act  may  be
12    prosecuted  by the Attorney General in the name of the people
13    of the State, and in any such action,  the  Attorney  General
14    shall  exercise  all  the powers and perform all duties which
15    the  State's  Attorney  would  otherwise  be  authorized   to
16    exercise or to perform therein.
17        (b)  This Act shall not be construed to limit or restrict
18    the  exercise  of the powers or the performance of the duties
19    of the Attorney General which he otherwise is  authorized  to
20    exercise  or  perform  under  any  other  provision of law by
21    statute or otherwise.
22        (c)  Whenever the Attorney General shall have  reason  to
23    believe  that  any charitable organization, professional fund
24    raiser, or professional solicitor is operating  in  violation
25    of  the  provisions  of  this Act, or if any of the principal
26    officers  of  any  charitable  organization  has  refused  or
27    failed,  after  notice,  to  produce  any  records  of   such
28    organization  or there is employed or is about to be employed
29    in any solicitation or  collection  of  contributions  for  a
30    charitable  organization  any  device, scheme, or artifice to
31    defraud or for obtaining money or property by  means  of  any
32    false  pretense,  representation  or  promise,  or  any false
33    statement has been made in any application,  registration  or
 
                            -7-                LRB9101697ACmb
 1    statement  required  to  be  filed  pursuant  to this Act, in
 2    addition to any other action authorized by law, he may  bring
 3    in  the circuit court an action in the name, and on behalf of
 4    the people of the State of Illinois against  such  charitable
 5    organization  and any other person who has participated or is
 6    about to participate in such solicitation  or  collection  by
 7    employing such device, scheme, artifice, false representation
 8    or  promise,  to enjoin such charitable organization or other
 9    person from continuing such  solicitation  or  collection  or
10    engaging therein or doing any acts in furtherance thereof, or
11    to  cancel  any  registration statement previously filed with
12    the Attorney General.
13        In connection with  such  proposed  action  the  Attorney
14    General is authorized to take proof in the manner provided in
15    Section 2-1003 of the  Code of Civil Procedure.
16        (d)  Upon  a  showing  by  the  Attorney  General  in  an
17    application  for an injunction that any person engaged in the
18    solicitation or collection of funds for charitable  purposes,
19    either as an individual or as a member of a copartnership, or
20    as  an officer of a corporation or as an agent for some other
21    person, or copartnership or corporation, has  been  convicted
22    in  this  State  or elsewhere of a felony or of a misdemeanor
23    where   such   felony    or    misdemeanor    involved    the
24    misappropriation,  misapplication  or  misuse of the money or
25    property of another, he may enjoin such persons from engaging
26    in any solicitation or collection  of  funds  for  charitable
27    purposes.
28        (e)  The  Attorney  General  may  exercise  the authority
29    granted in this Section against any  charitable  organization
30    or  person  which or who operates under the guise or pretense
31    of being  an  organization  exempted  by  the  provisions  of
32    Section 3 and is not in fact an organization entitled to such
33    an exemption.
34        (f)  In  any  action brought under the provisions of this
 
                            -8-                LRB9101697ACmb
 1    Act, the Attorney General is entitled to  recover  costs  for
 2    the use of this State.
 3        (g)  Any  person  who knowingly violates this Section may
 4    be enjoined from such conduct, removed from office,  enjoined
 5    from  acting  for  charity and subject to punitive damages as
 6    deemed appropriate by the circuit court.
 7        (h)  Any person who violates this Section  shall  not  be
 8    entitled   to   keep   or  receive  monies,  fees,  salaries,
 9    commissions  or  any  compensation,  as  a  result   of   the
10    solicitations  or  fund raising campaigns, and at the request
11    of  the  Attorney  General  such  monies,   fees,   salaries,
12    commissions  or  any  compensation  shall  be  forfeited  and
13    subject  to  distribution  to  charitable  use  as a court of
14    equity determines.
15        (i)  The Attorney General may publish an annual report of
16    all charitable organizations based on  information  contained
17    in  reports  filed hereunder stating the amount of money each
18    organization received through solicitation and the amount  of
19    money  which was expended on program service activity and the
20    percentage of the solicited  assets  that  were  expended  on
21    charitable activity.
22        (j)  The  Attorney  General shall cancel the registration
23    of   any   organization,   professional   fund   raiser,   or
24    professional solicitor who violates the  provisions  of  this
25    Section.
26        (k)  Any  person  who solicits financial contributions or
27    the sale of merchandise,  goods,  services,  memberships,  or
28    advertisements in violation of the prohibitions of subsection
29    (d-1)   of   Section   11  of  this  Act,  or  commits  false
30    personation, use of title,  or  solicitation  as  defined  by
31    Section  17-2 of the Criminal Code of 1961 shall, in addition
32    to any other penalties provided for by  law,  be  subject  to
33    civil  remedy  by  cause  of  action  brought by the Attorney
34    General or a Public Safety Personnel Organization affected by
 
                            -9-                LRB9101697ACmb
 1    the violation.
 2        In addition to equitable relief, a successful claimant or
 3    the Attorney General shall  recover  damages  of  triple  the
 4    amount  collected  as  a  result  of  solicitations  made  in
 5    violation  of  this  Act, plus reasonable attorney's fees and
 6    costs.
 7        A plaintiff in any suit filed under  this  Section  shall
 8    serve a copy of all pleadings on the Attorney General and the
 9    State's Attorney for the county in which the suit is filed.
10    (Source: P.A. 87-755.)

11        (225 ILCS 460/11) (from Ch. 23, par. 5111)
12        Sec.   11.  (a)  No  person  shall  for  the  purpose  of
13    soliciting contributions from persons in this State, use  the
14    name of any other person, except that of an officer, director
15    or  trustee  of  the  charitable organization by or for which
16    contributions are solicited, without the written  consent  of
17    such other persons.
18        (b)  A  person  shall  be deemed to have used the name of
19    another person for the purpose of soliciting contributions if
20    such latter  person's  name  is  listed  on  any  stationery,
21    advertisement,  brochure  or  correspondence in or by which a
22    contribution is solicited by or on  behalf  of  a  charitable
23    organization  or  his  name  is  listed  or  referred  to  in
24    connection  with  a request for a contribution as one who has
25    contributed  to,  sponsored  or   endorsed   the   charitable
26    organization or its activities.
27        (c)  Nothing  contained in this Section shall prevent the
28    publication of names of contributors  without  their  written
29    consents,  in  an annual or other periodic report issued by a
30    charitable organization for the purpose of reporting  on  its
31    operations  and  affairs to its membership or for the purpose
32    of reporting contributions to contributors.
33        (d)  No  charitable  organization  or  professional  fund
 
                            -10-               LRB9101697ACmb
 1    raiser soliciting contributions shall use a name, symbol,  or
 2    statement  so  closely  related  or  similar  to that used by
 3    another charitable organization or governmental  agency  that
 4    the use thereof would tend to confuse or mislead the public.
 5        (d-1)  No  Public  Safety  Personnel  Organization may by
 6    words in its  name  or  in  its  solicitations  claim  to  be
 7    representing,  acting  on behalf of, assisting, or affiliated
 8    with the public safety personnel of a  particular  municipal,
 9    regional, or other geographical area, unless: (1) 80% or more
10    of the organization's voting members and trustees are persons
11    who  are  actively  employed  or  retired  or  disabled  from
12    employment  within  the  particular  municipal,  regional, or
13    other geographical area stated in the name  or  solicitation;
14    (2) all of these members are vested with the right to vote in
15    the  election  of the managing or controlling officers of the
16    organization either directly or through  delegates;  and  (3)
17    the  organization  includes  in  any  solicitation the actual
18    number of active, retired, or disabled police officers, peace
19    officers,   firemen,   fire   fighters,   emergency   medical
20    technicians -  ambulance,  emergency  medical  technicians  -
21    intermediate,  emergency  medical  technicians  -  paramedic,
22    ambulance  drivers,  or other medical assistance or first aid
23    personnel  who  are  members  of  the  organization  who  are
24    actively  employed,  retired,  or  disabled  from  employment
25    within  the  particular   municipal,   regional,   or   other
26    geographical area referenced in the solicitation.
27        (d-2)  No person or organization may have a name or use a
28    name   using  the  words  "officer",  "police",  "policeman",
29    "policemen", "trooper", "sheriff", "law enforcement officer",
30    "deputy", "chief of police", or similar words therein  unless
31    80%  or  more  of its trustees and voting members are active,
32    retired, or disabled law enforcement personnel.
33        (d-3)  No person or organization may have a name or use a
34    name using the words "fireman",  "firemen",  "fire  fighter",
 
                            -11-               LRB9101697ACmb
 1    "fire  chief",  "paramedic",  or similar words therein unless
 2    80% or more of its trustees and voting  members  are  active,
 3    retired or disabled fire fighters, firemen, emergency medical
 4    technicians  -  ambulance,  emergency  medical  technicians -
 5    intermediate,  emergency  medical  technicians  -  paramedic,
 6    ambulance drivers, or other medical assistance or  first  aid
 7    personnel.
 8        (d-4)  No  person  by  words in a Public Safety Personnel
 9    Organization name or in  solicitations  made  therefor  shall
10    state  he  or  she or his or her organization is assisting or
11    affiliated  with  a  local,  municipal,  regional,  or  other
12    governmental body or geographical  area  unless  80%  of  its
13    trustees  and voting members are active, retired, or disabled
14    police officers, law  enforcement  officials,  firemen,  fire
15    fighters,   emergency   medical   technicians   -  ambulance,
16    emergency  medical  technicians  -  intermediate,   emergency
17    medical  technicians - paramedic, ambulance drivers, or other
18    medical assistance or  first  aid  personnel  of  the  local,
19    municipal,  regional,  or other geographical area so named or
20    stated.
21        (e)  Any  person  or  organization  that  who   willfully
22    violates  the provisions of this Section is guilty of a Class
23    A misdemeanor. Any  person  or  organization  that  willfully
24    violates  the  provisions  of this Section may in addition to
25    other remedies be subject  to  a  fine  of  $2,000  for  each
26    violation, shall be subject to forfeiture of all solicitation
27    fees,  and  shall  be enjoined from operating as a fundraiser
28    and soliciting the public for fundraising purposes.
29    (Source: Laws 1963, p. 2082.)

30        Section 10.  The Criminal Code  of  1961  is  amended  by
31    changing Section 17-2 as follows:

32        (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
 
                            -12-               LRB9101697ACmb
 1        Sec.    17-2.  False    personation;    use   of   title;
 2    solicitation; certain entities. Impersonating Veteran, Member
 3    of  Police,   Fraternal   or   Veterans'   Organization,   or
 4    Representative  of  Charitable  Organization  -  Use of Words
 5    "Chicago Police" etc. - Sentence.
 6        (a)  A person commits a false personation when he or  she
 7    falsely  represents  himself  or  herself  to  be a member or
 8    representative of any veterans' or  public  safety  personnel
 9    organization  police,  fraternal  or  veteran's organization,
10    including   the   Illinois   Police   Association,    or    a
11    representative  of  any  charitable organization, or when any
12    person exhibits or uses in any manner  any  decal,  badge  or
13    insignia  of  any  charitable,  public  safety  personnel, or
14    veterans' police organization when not authorized to do so by
15    the such charitable, public safety  personnel,  or  veterans'
16    police organization.   "Public safety personnel organization"
17    has  the  meaning  ascribed  to that term in Section 1 of the
18    Solicitation for Charity Act.
19        (a-5)  A person commits a false personation  when  he  or
20    she  falsely represents himself or herself to be a veteran in
21    seeking employment or  public  office.  In  this  subsection,
22    "veteran" means a person who has served in the Armed Services
23    or Reserved Forces of the United States.
24        (b)  No  person  shall  use  the  words "Chicago Police,"
25    "Chicago Police Department,"  "Chicago  Patrolman,"  "Chicago
26    Sergeant,"  "Chicago  Lieutenant," "Chicago Peace Officer" or
27    any other words to the  same  effect  in  the  title  of  any
28    organization,  magazine,  or  other  publication  without the
29    express approval of the Chicago Police Board.
30        (b-1)  No  person  shall  use  the  words  "Cook   County
31    Sheriff"  or  "Cook  County  Sheriff's  Police", or any other
32    words to the same effect, in the title of  any  organization,
33    when   soliciting   financial  contributions  or  selling  or
34    delivering or offering to sell or  deliver  any  merchandise,
 
                            -13-               LRB9101697ACmb
 1    goods,   services,  memberships,  or  advertisements  without
 2    including the lawful complete name of the organization.
 3        (c)  (Blank). No person  may  solicit  advertisements  to
 4    appear  in  any  firefighters',  law  enforcement  or  police
 5    officers'  magazine,  journal  or  other  publication without
 6    first having obtained a current certificate of  qualification
 7    from the Illinois Attorney General.  Upon the presentation of
 8    proof  that the applicant does in fact represent a legitimate
 9    and  bona  fide  firefighters',  law  enforcement  or  police
10    officers' publication, the Attorney General may issue to  the
11    applicant   a   certificate   of   qualification  to  solicit
12    advertisements on behalf of such publication.   The  Attorney
13    General  shall prescribe forms and promulgate rules governing
14    the making of applications and the certification  of  persons
15    under this subsection.
16        (c-1)  No person may claim or represent that he or she is
17    acting  on behalf of any police department, chief of a police
18    department, fire department,  chief  of  a  fire  department,
19    sheriff's  department,  or  sheriff when soliciting financial
20    contributions or selling or delivering or offering to sell or
21    deliver any merchandise,  goods,  services,  memberships,  or
22    advertisements  unless  the  chief  of the police department,
23    fire department, and the  corporate  or  municipal  authority
24    thereof,  or  the  sheriff  has  first entered into a written
25    agreement with the person or with an organization with  which
26    the  person  is  affiliated  and  the  agreement  permits the
27    activity.
28        (c-2)  No person, when soliciting financial contributions
29    or selling or delivering or offering to sell or  deliver  any
30    merchandise,  goods, services, memberships, or advertisements
31    may claim or represent that he  or  she  is  representing  or
32    acting  on  behalf of any nongovernmental organization by any
33    name which includes  "officer",  "peace  officer",  "police",
34    "law  enforcement",  "trooper",  "sheriff", "deputy", "deputy
 
                            -14-               LRB9101697ACmb
 1    sheriff", "State police", or any other word  or  words  which
 2    would reasonably be understood to imply that the organization
 3    is composed of law enforcement personnel unless the person is
 4    actually   representing   or   acting   on   behalf   of  the
 5    nongovernmental   organization,   and   the   nongovernmental
 6    organization is controlled by and governed by a membership of
 7    and represents a group or association of  active  duty  peace
 8    officers,  retired  peace officers, or injured peace officers
 9    and before commencing the solicitation or  the  sale  or  the
10    offers to sell any merchandise, goods, services, memberships,
11    or  advertisements, a written contract between the soliciting
12    or selling person and the  nongovernmental  organization  has
13    been entered into.
14        (c-3)  No  person  may solicit financial contributions or
15    sell or deliver or offer to sell or deliver any  merchandise,
16    goods,  services, memberships, or advertisements on behalf of
17    a police, sheriff, or other law enforcement department unless
18    that person is actually representing or acting on  behalf  of
19    the  department  or governmental organization and has entered
20    into a written contract with the police chief, or head of the
21    law enforcement department, and the  corporate  or  municipal
22    authority thereof, or the sheriff, which specifies and states
23    clearly  and fully the purposes for which the proceeds of the
24    solicitation, contribution, or sale will be used.
25        (c-4)  No person, when soliciting financial contributions
26    or selling or delivering or offering to sell or  deliver  any
27    merchandise, goods, services, memberships, or advertisements,
28    may  claim  or  represent  that  he or she is representing or
29    acting on behalf of any nongovernmental organization  by  any
30    name  which  includes  the  term  "fireman",  "fire fighter",
31    "paramedic",  or  any  other  word  or  words   which   would
32    reasonably  be  understood  to imply that the organization is
33    composed of fire fighter or paramedic  personnel  unless  the
34    person  is  actually  representing or acting on behalf of the
 
                            -15-               LRB9101697ACmb
 1    nongovernmental   organization,   and   the   nongovernmental
 2    organization is controlled by and governed by a membership of
 3    and  represents  a  group  or  association  of  active  duty,
 4    retired, or injured fire fighters (for the purposes  of  this
 5    Section, "fire fighter" has the meaning ascribed to that term
 6    in Section 2 of the Illinois Fire Protection Training Act) or
 7    active   duty,   retired,   or   injured   emergency  medical
 8    technicians -  ambulance,  emergency  medical  technicians  -
 9    intermediate,  emergency  medical  technicians  -  paramedic,
10    ambulance  drivers,  or other medical assistance or first aid
11    personnel, and before commencing the solicitation or the sale
12    or delivery or the offers to sell or deliver any merchandise,
13    goods, services, memberships, or  advertisements,  a  written
14    contract  between  the  soliciting  or selling person and the
15    nongovernmental organization has been entered into.
16        (c-5)  No person may solicit financial  contributions  or
17    sell  or deliver or offer to sell of deliver any merchandise,
18    goods, services, memberships, or advertisements on behalf  of
19    a  department  or  departments  of  firefighters  unless that
20    person is actually representing or acting on  behalf  of  the
21    department  or  departments  and  has  entered into a written
22    contract with the department chief and corporate or municipal
23    authority thereof which  specifies  and  states  clearly  and
24    fully   the   purposes   for   which   the  proceeds  of  the
25    solicitation, contribution, or sale will be used.
26        (d)  Sentence. False personation,  unapproved  use  of  a
27    name  or  title,  or solicitation in violation of subsections
28    (a), and (b),  and  (b-1)  of  this  Section  is  a  Class  C
29    misdemeanor.   False  personation  in violation of subsection
30    (a-5) is a Class A misdemeanor. Engaging in any  activity  in
31    violation  of subsection (c-1), (c-2), (c-3), (c-4), or (c-5)
32    of  this  Section  is  a  Class  4  felony.  Solicitation  in
33    violation of subsection (c) of this  Section  is  a  Class  A
34    misdemeanor.    A  second  or  subsequent  conviction  for  a
 
                            -16-               LRB9101697ACmb
 1    violation of subsection (c) of this Section  committed  after
 2    the first conviction is a Class 4 felony.
 3    (Source: P.A. 89-324, eff. 8-13-95.)

 4        Section  95.   Severability.   The provisions of this Act
 5    are severable under Section 1.31 of the Statute on Statutes.

 6        Section 99.  Effective date.  This Act takes effect  upon
 7    becoming law.

[ Top ]