Full Text of SB0247 103rd General Assembly
SB0247sam002 103RD GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The General Not For Profit Corporation Act of | 5 | | 1986 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;
| 8 | | particular purposes; exemptions.
| 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:
| 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 | 25 | | an
area that adjoins or borders (except for any intervening
| 26 | | natural watercourse) an area located in an adjoining state
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| 1 | | intended to be similarly served, and the corporation may
join | 2 | | any corporation created by the adjoining state having
an | 3 | | identical purpose and organized as a not-for-profit
| 4 | | corporation. Whenever any corporation organized under this
Act | 5 | | so joins with a foreign corporation having an identical
| 6 | | purpose, the corporation shall be permitted to do business
in | 7 | | Illinois as one corporation; provided (1) that the name,
bylaw | 8 | | provisions, officers, and directors of each
corporation are | 9 | | identical, (2) that the foreign corporation
complies with the | 10 | | provisions of this Act relating to the
admission of foreign | 11 | | corporation, and (3) that the Illinois
corporation files a | 12 | | statement with the Secretary of State
indicating that it has | 13 | | joined with a foreign corporation
setting forth the name | 14 | | thereof 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 | 17 | | becoming law.".
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