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91_HB1360
LRB9102847ACtm
1 AN ACT to amend the Solicitation for Charity Act by
2 changing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Solicitation for Charity Act is amended
6 by changing Section 3 as follows:
7 (225 ILCS 460/3) (from Ch. 23, par. 5103)
8 Sec. 3. Exemptions.
9 (a) Upon initial filing of a registration statement
10 pursuant to Section 2 of this Act and notification by the
11 Attorney General of his or her determination that the
12 organizational purposes or circumstances specified in this
13 paragraph for exemption are actual and genuine, the following
14 entities shall be exempt from all the report filing
15 provisions of this Act, except for the requirements set forth
16 in Section 2 of this Act:
17 (1) 1. A corporation sole or other religious
18 corporation, trust or organization incorporated or
19 established for religious purposes, nor to any agency or
20 organization incorporated or established for charitable,
21 hospital or educational purposes and engaged in
22 effectuating one or more of such purposes, that is
23 affiliated with, operated by, or supervised or controlled
24 by a corporation sole or other religious corporation,
25 trust or organization incorporated or established for
26 religious purposes, nor to other religious agencies or
27 organizations which serve religion by the preservation of
28 religious rights and freedom from persecution or
29 prejudice or by fostering religion, including the moral
30 and ethical aspects of a particular religious faith.
31 (2) 2. Any charitable organization which does not
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1 intend to solicit and receive and does not actually
2 receive contributions in excess of $15,000 during any 12
3 month period ending December 31 of any year. However, if
4 the gross contributions received by such charitable
5 organization during any 12 month period ending December
6 31 of any year shall be in excess of $15,000, it shall
7 file reports as required under this Act and the
8 provisions of this Act shall apply.
9 (b) The following persons shall not be required to
10 register with the Attorney General:
11 (1) 1. The University of Illinois, Southern
12 Illinois University, Eastern Illinois University,
13 Illinois State Normal University, Northern Illinois
14 University, Western Illinois University, all educational
15 institutions that are recognized by the State Board of
16 Education or that are accredited by a regional
17 accrediting association or by an organization affiliated
18 with the National Commission on Accrediting, any
19 foundation having an established identity with any of the
20 aforementioned educational institutions, any other
21 educational institution confining its solicitation of
22 contributions to its student body, alumni, faculty and
23 trustees, and their families, or a library established
24 under the laws of this State, provided that the annual
25 financial report of such institution or library shall be
26 filed with the State Board of Education, Governor,
27 Illinois State Library, County Library Board or County
28 Board, as provided by law.
29 (2) 2. Fraternal, patriotic, social, educational,
30 alumni organizations and historical societies when
31 solicitation of contributions is confined to their
32 membership. This exemption shall be extended to any
33 subsidiary of a parent or superior organization exempted
34 by sub-paragraph (2) 2 of paragraph (b) of Section 3 of
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1 this Act where such solicitation is confined to the
2 membership of the subsidiary, parent or superior
3 organization.
4 (3) 3. Persons requesting any contributions for the
5 relief or benefit of any individual, specified by name at
6 the time of the solicitation, if the contributions
7 collected are turned over to the named beneficiary, first
8 deducting reasonable expenses for costs of banquets, or
9 social gatherings, if any, provided all fund raising
10 functions are carried on by persons who are unpaid,
11 directly or indirectly, for such services.
12 (4) 4. Any bona fide union, bona fide political
13 organization or bona fide political action committee,
14 which does not solicit funds for a charitable purpose.
15 (5) 5. Any charitable organization receiving an
16 allocation from an incorporated community chest or united
17 fund, provided such chest or fund is complying with the
18 provisions of this Act relating to registration and
19 filing of annual reports with the Attorney General, and
20 provided such organization does not actually receive, in
21 addition to such allocation, contributions in excess of
22 $4,000 during any 12 month period ending June 30th of any
23 year, and provided further that all the fund raising
24 functions of such organization are carried on by persons
25 who are unpaid for such services. However, if the gross
26 contributions other than such allocation received by such
27 charitable organization during any 12 month period ending
28 June 30th of any year shall be in excess of $4,000, it
29 shall within 30 days after the date it shall have
30 received such contributions in excess of $4,000 register
31 with the Attorney General as required by Section 2.
32 (6) A bona fide organization of volunteers that
33 provides fire, ambulance, or rescue services, or a bona
34 fide auxiliary or affiliate of such an organization,
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1 provided that all contributions are solicited and raised
2 solely within the community or district served by the
3 organization.
4 6. A bona fide organization of volunteer firemen,
5 or a bona fide auxiliary or affiliate of such
6 organization, provided all its fund raising activities
7 are carried on by members of such an organization or an
8 affiliate thereof and such members receive no
9 compensation, directly or indirectly, therefor.
10 (7) 7. Any charitable organization operating a
11 nursery for infants awaiting adoption providing that all
12 its fund raising activities are carried on by members of
13 such an organization or an affiliate thereof and such
14 members receive no compensation, directly or indirectly
15 therefor.
16 (8) 8. Any corporation established by the Federal
17 Congress that is required by federal law to submit annual
18 reports of its activities to Congress containing itemized
19 accounts of all receipts and expenditures after being
20 duly audited.
21 (9) 9. Any boys' club which is affiliated with the
22 Boys' Club of America, a corporation chartered by
23 Congress; provided, however, that such an affiliate
24 properly files the reports required by the Boys' Club of
25 America and that the Boys' Club of America files with the
26 Government of the United States the reports required by
27 its federal charter.
28 (10) 10. Any veterans organization chartered or
29 incorporated under federal law and any veterans
30 organization which is affiliated with, and recognized in
31 the bylaws of, a congressionally chartered or
32 incorporated veterans organization; provided, however,
33 that the affiliate properly files the reports required by
34 the congressionally chartered or incorporated veterans
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1 organization, that the congressionally chartered or
2 incorporated veterans organization files with the
3 government of the United States the reports required by
4 its federal charter, and that copies of such federally
5 required reports are filed with the Attorney General.
6 (11) 11. Any parent-teacher organization that is
7 controlled by teachers and parents of children attending
8 a particular public or private school for which the
9 organization is named and solicits contributions for the
10 benefit of that particular school; provided that:
11 (i) the school is specified by name at the
12 time the solicitation is made;
13 (ii) all of the contributions are turned over
14 to the school, after first deducting reasonable
15 expenses for fundraising and parent-teacher
16 activities;
17 (iii) all fundraising functions are carried on
18 by persons who are not paid, either directly or
19 indirectly, for their fundraising services;
20 (iv) the total contributions, less reasonable
21 fundraising expenses, do not exceed $50,000 in any
22 calendar year;
23 (v) the organization provides the school at
24 least annually with a complete accounting of all
25 contributions received; and
26 (vi) the governing board of the school
27 annually certifies to the Attorney General that the
28 parent-teacher organization has provided the school
29 with a full accounting and that the organization has
30 provided benefits and contributions to the school.
31 (Source: P.A. 90-469, eff. 8-17-97.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.