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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1070 Introduced , by Rep. Jerry F. Costello, II SYNOPSIS AS INTRODUCED:
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805 ILCS 105/103.05 | from Ch. 32, par. 103.05 |
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Amends the General Not For Profit Corporation Act of 1986. Allows cooperatives that own and operate agriculture-based biogas (anaerobic digester) systems to organize as a non-profit. Activities of the cooperatives may include the marketing and sale of biogas system products including but not limited to methane gas, electricity, and compost. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning business.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The General Not For Profit Corporation Act of |
| 5 | | 1986 is amended by changing Section 103.05 as follows:
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| 6 | | (805 ILCS 105/103.05) (from Ch. 32, par. 103.05)
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| 7 | | Sec. 103.05. Purposes and authority of corporations;
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| 8 | | particular purposes; exemptions.
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| 9 | | (a) Not-for-profit corporations may be organized under |
| 10 | | this Act for any
one or more of the following or similar |
| 11 | | purposes:
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| 12 | | (1) Charitable.
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| 13 | | (2) Benevolent.
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| 14 | | (3) Eleemosynary.
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| 15 | | (4) Educational.
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| 16 | | (5) Civic.
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| 17 | | (6) Patriotic.
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| 18 | | (7) Political.
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| 19 | | (8) Religious.
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| 20 | | (9) Social.
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| 21 | | (10) Literary.
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| 22 | | (11) Athletic.
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| 23 | | (12) Scientific.
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| 1 | | (13) Research.
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| 2 | | (14) Agricultural.
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| 3 | | (15) Horticultural.
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| 4 | | (16) Soil improvement.
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| 5 | | (17) Crop improvement.
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| 6 | | (18) Livestock or poultry improvement.
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| 7 | | (19) Professional, commercial, industrial, or trade |
| 8 | | association.
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| 9 | | (20) Promoting the development, establishment, or |
| 10 | | expansion
of industries.
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| 11 | | (21) Electrification on a cooperative basis.
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| 12 | | (22) Telephone service on a mutual or cooperative |
| 13 | | basis.
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| 14 | | (23) Ownership and operation of water supply |
| 15 | | facilities for
drinking and general domestic use on a |
| 16 | | mutual or cooperative basis.
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| 17 | | (24) Ownership or administration of residential |
| 18 | | property on a
cooperative basis.
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| 19 | | (25) Administration and operation of property owned on |
| 20 | | a
condominium basis or by a homeowner association.
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| 21 | | (26) Administration and operation of an organization |
| 22 | | on a
cooperative basis producing or furnishing goods, |
| 23 | | services,
or facilities primarily for the benefit of its |
| 24 | | members who
are consumers of those goods, services, or |
| 25 | | facilities.
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| 26 | | (27) Operation of a community mental health board or |
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| 1 | | center
organized pursuant to the Community Mental Health |
| 2 | | Act for the purpose of
providing direct patient services.
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| 3 | | (28) Provision of debt management services as |
| 4 | | authorized by the Debt
Management Service Act.
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| 5 | | (29) Promotion, operation, and administration of a
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| 6 | | ridesharing arrangement as defined in Section 1-176.1 of
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| 7 | | the Illinois Vehicle Code.
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| 8 | | (30) The administration and operation of an |
| 9 | | organization for the
purpose of assisting low-income |
| 10 | | consumers in the acquisition of utility and
telephone |
| 11 | | services.
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| 12 | | (31) Any purpose permitted to be exempt from taxation |
| 13 | | under
Sections 501(c) or 501(d)
of the United States |
| 14 | | Internal Revenue Code,
as now in
or hereafter amended.
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| 15 | | (32) Any purpose that would qualify for tax-deductible |
| 16 | | gifts under the
Section 170(c) of the United States |
| 17 | | Internal Revenue Code, as now
or hereafter amended. Any |
| 18 | | such purpose is deemed to be charitable
under subsection |
| 19 | | (a)(1) of this Section.
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| 20 | | (33) Furnishing of natural gas on a cooperative basis.
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| 21 | | (34) Ownership and operation of agriculture-based |
| 22 | | biogas (anaerobic digester) systems on a cooperative basis |
| 23 | | including the marketing and sale of products produced from |
| 24 | | these, including but not limited to methane gas, |
| 25 | | electricity, and compost. |
| 26 | | (b) A corporation may be organized hereunder to serve in an
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| 1 | | area that adjoins or borders (except for any intervening
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| 2 | | natural watercourse) an area located in an adjoining state
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| 3 | | intended to be similarly served, and the corporation may
join |
| 4 | | any corporation created by the adjoining state having
an |
| 5 | | identical purpose and organized as a not-for-profit
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| 6 | | corporation. Whenever any corporation organized under this
Act |
| 7 | | so joins with a foreign corporation having an identical
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| 8 | | purpose, the corporation shall be permitted to do business
in |
| 9 | | Illinois as one corporation; provided (1) that the name,
bylaw |
| 10 | | provisions, officers, and directors of each
corporation are |
| 11 | | identical, (2) that the foreign corporation
complies with the |
| 12 | | provisions of this Act relating to the
admission of foreign |
| 13 | | corporation, and (3) that the Illinois
corporation files a |
| 14 | | statement with the Secretary of State
indicating that it has |
| 15 | | joined with a foreign corporation
setting forth the name |
| 16 | | thereof and the state of its incorporation.
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| 17 | | (Source: P.A. 94-738, eff. 5-4-06.)
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| 18 | | Section 99. Effective date. This Act takes effect upon |
| 19 | | becoming law.
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