Sen. Michael W. Halpin
Filed: 3/24/2023
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 247




2    AMENDMENT NO. ______. Amend Senate Bill 247 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The General Not For Profit Corporation Act of 
51986 is amended  by changing Section 103.05 as follows:
 



6    (805 ILCS 105/103.05)  (from Ch. 32, par. 103.05)



7    Sec. 103.05. Purposes and authority of corporations;

8particular purposes; exemptions. 

9    (a) Not-for-profit corporations may be organized under 
10this Act for any
one or more of the following or similar 
11purposes:

12        (1) Charitable.

13        (2) Benevolent.

14        (3) Eleemosynary.

15        (4) Educational.

16        (5) Civic.

 
 
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1        (6) Patriotic.

2        (7) Political.

3        (8) Religious.

4        (9) Social.

5        (10) Literary.

6        (11) Athletic.

7        (12) Scientific.

8        (13) Research.

9        (14) Agricultural.

10        (15) Horticultural.

11        (16) Soil improvement.

12        (17) Crop improvement.

13        (18) Livestock or poultry improvement.

14        (19) Professional, commercial, industrial, or trade 
15    association.

16        (20) Promoting the development, establishment, or 
17    expansion
of industries.

18        (21) Electrification on a cooperative basis.

19        (22) Telephone service on a mutual or cooperative 
20    basis.

21        (23) Ownership and operation of water supply 
22    facilities for
drinking and general domestic use on a 
23    mutual or cooperative basis.

24        (24) Ownership or administration of residential 
25    property on a
cooperative basis.

26        (25) Administration and operation of property owned on 
 
 
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1    a
condominium basis or by a homeowner association.

2        (26) Administration and operation of an organization 
3    on a
cooperative basis producing or furnishing goods, 
4    services,
or facilities primarily for the benefit of its 
5    members who
are consumers of those goods, services, or 
6    facilities.

7        (27) Operation of a community mental health board or 
8    center
organized pursuant to the Community Mental Health 
9    Act for the purpose of
providing direct patient services.

10        (28) Provision of debt management services as 
11    authorized by the Debt
Management Service Act.

12        (29) Promotion, operation, and administration of a

13    ridesharing arrangement as defined in Section 1-176.1 of

14    the Illinois Vehicle Code.

15        (30) The administration and operation of an 
16    organization for the
purpose of assisting low-income 
17    consumers in the acquisition of utility and
telephone 
18    services.

19        (31) Any purpose permitted to be exempt from taxation 
20    under
Sections 501(c) or 501(d)
of the United States 
21    Internal Revenue Code,
as now in
or hereafter amended.

22        (32) Any purpose that would qualify for tax-deductible 
23    gifts under the
Section 170(c) of the United States 
24    Internal Revenue Code, as now
or hereafter amended.  Any 
25    such purpose is deemed to be charitable
under subsection 
26    (a)(1) of this Section.

 
 
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1        (33) Furnishing of natural gas on a cooperative basis.

2        (34) Ownership and operation of agriculture-based 
3    biogas (anaerobic digester) systems on a cooperative basis 
4    including the marketing and sale of products produced from 
5    these, including but not limited to methane gas, 
6    electricity, and compost. 
7        (35) Ownership and operation of a hemophilia program, 
8    including comprehensive hemophilia diagnostic treatment 
9    centers, under Section 501(a)(2) of the Social Security 
10    Act. The hemophilia program may employ physicians, other 
11    health care professionals, and staff. The program and the 
12    corporate board may not exercise control over, direct, or 
13    interfere with a physician's exercise and execution of his 
14    or her professional judgment in the provision of care or 
15    treatment. 
16        (36) Engineering for conservation services associated 
17    with wetland restoration or mitigation, flood mitigation, 
18    groundwater recharge, and natural infrastructure.  
19    Non-profit engineering for conservation services may not 
20    be procured by qualifications based selection criteria for 
21    contracts with the Department of Transportation, Illinois 
22    State Toll Highway Authority, or Cook County, except as a 
23    subcontractor or subconsultant. 
24    (b) A corporation may be organized hereunder to serve in 
25an
area that adjoins or borders (except for any intervening

26natural watercourse) an area located in an adjoining state

 
 
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1intended to be similarly served, and the corporation may
join 
2any corporation created by the adjoining state having
an 
3identical purpose and organized as a not-for-profit

4corporation.  Whenever any corporation organized under this
Act 
5so joins with a foreign corporation having an identical

6purpose, the corporation shall be permitted to do business
in 
7Illinois as one corporation; provided (1) that the name,
bylaw 
8provisions, officers, and directors of each
corporation are 
9identical, (2) that the foreign corporation
complies with the 
10provisions of this Act relating to the
admission of foreign 
11corporation, and (3) that the Illinois
corporation files a 
12statement with the Secretary of State
indicating that it has 
13joined with a foreign corporation
setting forth the name 
14thereof and the state of its incorporation.

15(Source: P.A. 101-57, eff. 7-12-19.)

 
 
16    Section 99. Effective date. This Act takes effect upon 
17becoming law.".