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90_HB0887eng
225 ILCS 460/3 from Ch. 23, par. 5103
Amends the Solicitation for Charity Act to exempt
volunteer organizations that provide fire, ambulance, or
rescue services if solicited contributions are raised solely
within the community or district served by the organization.
Effective immediately.
LRB9003842DPdv
HB0887 Engrossed LRB9003842DPdv
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 specified in this paragraph for
13 exemption are actual and genuine, the following entities
14 shall be exempt from all the provisions and requirements of
15 this Act, except for the requirements set forth in Section 2
16 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 $10,000 during any 12
3 month period ending December 31 of any year, provided all
4 of its fund raising functions are carried on by persons
5 who are unpaid for such services. However, if the gross
6 contributions received by such charitable organization
7 during any 12 month period ending December 31 of any year
8 shall be in excess of $10,000, it shall file reports as
9 required under this Act and the provisions of this Act
10 shall apply.
11 (b) The following persons shall not be required to
12 register with the Attorney General:
13 (1) 1. The University of Illinois, Southern
14 Illinois University, Eastern Illinois University,
15 Illinois State Normal University, Northern Illinois
16 University, Western Illinois University, all educational
17 institutions that are recognized by the State Board of
18 Education or that are accredited by a regional
19 accrediting association or by an organization affiliated
20 with the National Commission on Accrediting, any
21 foundation having an established identity with any of the
22 aforementioned educational institutions, any other
23 educational institution confining its solicitation of
24 contributions to its student body, alumni, faculty and
25 trustees, and their families, or a library established
26 under the laws of this State, provided that the annual
27 financial report of such institution or library shall be
28 filed with the State Board of Education, Governor,
29 Illinois State Library, County Library Board or County
30 Board, as provided by law.
31 (2) 2. Fraternal, patriotic, social, educational,
32 alumni organizations and historical societies when
33 solicitation of contributions is confined to their
34 membership. This exemption shall be extended to any
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1 subsidiary of a parent or superior organization exempted
2 by sub-paragraph (2) 2 of paragraph (b) of Section 3 of
3 this Act where such solicitation is confined to the
4 membership of the subsidiary, parent or superior
5 organization.
6 (3) 3. Persons requesting any contributions for the
7 relief or benefit of any individual, specified by name at
8 the time of the solicitation, if the contributions
9 collected are turned over to the named beneficiary, first
10 deducting reasonable expenses for costs of banquets, or
11 social gatherings, if any, provided all fund raising
12 functions are carried on by persons who are unpaid,
13 directly or indirectly, for such services.
14 (4) 4. Any bona fide union, bona fide political
15 organization or bona fide political action committee,
16 which does not solicit funds for a charitable purpose.
17 (5) 5. Any charitable organization receiving an
18 allocation from an incorporated community chest or united
19 fund, provided such chest or fund is complying with the
20 provisions of this Act relating to registration and
21 filing of annual reports with the Attorney General, and
22 provided such organization does not actually receive, in
23 addition to such allocation, contributions in excess of
24 $4,000 during any 12 month period ending June 30th of any
25 year, and provided further that all the fund raising
26 functions of such organization are carried on by persons
27 who are unpaid for such services. However, if the gross
28 contributions other than such allocation received by such
29 charitable organization during any 12 month period ending
30 June 30th of any year shall be in excess of $4,000, it
31 shall within 30 days after the date it shall have
32 received such contributions in excess of $4,000 register
33 with the Attorney General as required by Section 2.
34 (6) A bona fide organization of volunteers that
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1 provides fire, ambulance, or rescue services, or a bona
2 fide auxiliary or affiliate of such an organization,
3 provided that all contributions are solicited and raised
4 solely within the community or district served by the
5 organization.
6 6. A bona fide organization of volunteer firemen,
7 or a bona fide auxiliary or affiliate of such
8 organization, provided all its fund raising activities
9 are carried on by members of such an organization or an
10 affiliate thereof and such members receive no
11 compensation, directly or indirectly, therefor.
12 (7) 7. Any charitable organization operating a
13 nursery for infants awaiting adoption providing that all
14 its fund raising activities are carried on by members of
15 such an organization or an affiliate thereof and such
16 members receive no compensation, directly or indirectly
17 therefor.
18 (8) 8. Any corporation established by the Federal
19 Congress that is required by federal law to submit annual
20 reports of its activities to Congress containing itemized
21 accounts of all receipts and expenditures after being
22 duly audited.
23 (9) 9. Any boys' club which is affiliated with the
24 Boys' Club of America, a corporation chartered by
25 Congress; provided, however, that such an affiliate
26 properly files the reports required by the Boys' Club of
27 America and that the Boys' Club of America files with the
28 Government of the United States the reports required by
29 its federal charter.
30 (10) 10. Any veterans organization chartered or
31 incorporated under federal law and any veterans
32 organization which is affiliated with, and recognized in
33 the bylaws of, a congressionally chartered or
34 incorporated veterans organization; provided, however,
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1 that the affiliate properly files the reports required by
2 the congressionally chartered or incorporated veterans
3 organization, that the congressionally chartered or
4 incorporated veterans organization files with the
5 government of the United States the reports required by
6 its federal charter, and that copies of such federally
7 required reports are filed with the Attorney General.
8 (Source: P.A. 87-755.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.