Full Text of HB4161 101st General Assembly
HB4161 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4161 Introduced 1/22/2020, by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: |
| 225 ILCS 460/2 | from Ch. 23, par. 5102 |
|
Amends the Solicitation for Charity Act. Provides that the Attorney General shall include specified language informing charitable organizations of the registration requirements under the Act in the Attorney General's "Building Better Charities" website content or other similar website content and the Attorney General's Charitable Organization Instruction Sheet found on the Attorney General's website. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB4161 | | LRB101 15898 SPS 65255 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Solicitation for Charity Act is amended by | 5 | | changing Section 2 as follows:
| 6 | | (225 ILCS 460/2) (from Ch. 23, par. 5102)
| 7 | | Sec. 2. Registration; rules; penalties.
| 8 | | (a) Every charitable organization, except as otherwise | 9 | | provided in
Section 3 of this Act, which solicits or intends to | 10 | | solicit contributions
from persons in this State or which is | 11 | | located in this State, by any
means whatsoever shall, prior to | 12 | | any solicitation, file with the Attorney
General upon forms | 13 | | prescribed by him, a registration statement, accompanied
by a | 14 | | registration fee of $15, which statement shall
include the | 15 | | following certified information:
| 16 | | 1. The name of the organization and the name or names | 17 | | under which it
intends to solicit contributions.
| 18 | | 2. The names and addresses of the officers, directors, | 19 | | trustees, and
chief executive officer of the organization.
| 20 | | 3. The addresses of the organization and the addresses | 21 | | of any offices in
this State. If the organization does not | 22 | | maintain a principal office, the
name and address of the | 23 | | person having custody of its financial records.
|
| | | HB4161 | - 2 - | LRB101 15898 SPS 65255 b |
|
| 1 | | 4. Where and when the organization was legally | 2 | | established, the form of
its organization and its tax | 3 | | exempt status.
| 4 | | 5. The purpose for which the organization is organized | 5 | | and the purpose
or purposes for which the contributions to | 6 | | be solicited will be used.
| 7 | | 6. The date on which the fiscal year of the | 8 | | organization ends.
| 9 | | 7. Whether the organization is authorized by any other | 10 | | governmental
authority to solicit contributions and | 11 | | whether it is or has ever been
enjoined by any court from | 12 | | soliciting contributions.
| 13 | | 8. The names and addresses of any professional fund | 14 | | raisers who are
acting or have agreed to act on behalf of | 15 | | the organization.
| 16 | | 9. Methods by which solicitation will be made.
| 17 | | 10. Copies of contracts between charitable | 18 | | organizations and
professional fund raisers relating to | 19 | | financial compensation or profit to
be derived by the | 20 | | professional fund raisers. Where any such contract is
| 21 | | executed after filing of registration statement, a copy | 22 | | thereof shall be
filed within 10 days of the date of | 23 | | execution.
| 24 | | 11. Board, group, or individual having final | 25 | | discretion as to the
distribution and use of contributions | 26 | | received.
|
| | | HB4161 | - 3 - | LRB101 15898 SPS 65255 b |
|
| 1 | | (b) The registration statement shall be signed by the | 2 | | president or other
authorized officer and the chief fiscal | 3 | | officer of the organization.
| 4 | | (c) Such registration shall remain in effect unless it is | 5 | | either
cancelled as provided in this Act or withdrawn by the | 6 | | organization.
| 7 | | (d) Every registered organization shall notify the | 8 | | Attorney General
within 10 days of any change in the | 9 | | information required to be furnished by
such organization under | 10 | | paragraphs 1 through 11 of subdivision (a) of this
Section.
| 11 | | (e) In no event shall a registration of a charitable | 12 | | organization
continue, or be continued, in effect after the | 13 | | date such organization
should have filed, but failed to file, | 14 | | an annual report in accordance with
the requirements of Section | 15 | | 4 of this Act, and such organization shall
not be eligible to | 16 | | file a new registration until it shall have filed the
required | 17 | | annual report with the Attorney General. If such report is
| 18 | | subsequently filed and accepted by the Attorney General such | 19 | | organization
may file a new registration.
If a person, trustee, | 20 | | or organization fails to timely register or maintain a
| 21 | | registration of a trust or organization as required by this Act | 22 | | or if its
registration is cancelled as provided in this Act, | 23 | | and if that trust or
organization remains in existence and by | 24 | | law is required to be registered, in
order to re-register or | 25 | | file a late registration a current registration
statement must | 26 | | be filed accompanied by financial reports in the form required
|
| | | HB4161 | - 4 - | LRB101 15898 SPS 65255 b |
|
| 1 | | herein for all past years. In all instances where | 2 | | re-registration and late
registration are allowed, the new | 3 | | registration materials must be filed,
accompanied by a penalty | 4 | | registration fee of $200. The Attorney General shall include | 5 | | the following language informing charitable organizations of | 6 | | the registration requirements under this Act in all capital | 7 | | letters and bold print in the Attorney General's "Building | 8 | | Better Charities" website content or other similarly | 9 | | characterized website content and on the Attorney General's | 10 | | Charitable Organization Instruction Sheet found on the | 11 | | Attorney General's website:
| 12 | | "REGISTRATION WITH THE ILLINOIS ATTORNEY GENERAL MUST | 13 | | OCCUR BEFORE THE CHARITY MAY MAKE ANY SOLICITATION IN THIS | 14 | | STATE. FAILURE TO REGISTER PRIOR TO SOLICITATION SHALL | 15 | | TRIGGER A LATE FILING FEE AS SPECIFIED IN SUBSECTION (e) OF | 16 | | SECTION 2 OF THE SOLICITATION FOR CHARITY ACT.". | 17 | | (f) Subject to reasonable rules and regulations adopted by | 18 | | the Attorney
General, the register, registration statements, | 19 | | annual reports, financial
statements, professional fund | 20 | | raisers' contracts, bonds, applications for
registration and | 21 | | re-registration, and other documents required to be filed
with | 22 | | the Attorney General shall be open to public inspection.
| 23 | | Every person subject to this Act shall maintain accurate | 24 | | and detailed
books and records at the principal office of the | 25 | | organization to provide
the information required herein. All | 26 | | such books and records shall be open
to inspection at all |
| | | HB4161 | - 5 - | LRB101 15898 SPS 65255 b |
|
| 1 | | reasonable times by the Attorney General or his duly
authorized | 2 | | representative.
| 3 | | (g) Where any local, county or area division of a | 4 | | charitable
organization is supervised and controlled by a | 5 | | superior or parent
organization, incorporated, qualified to do | 6 | | business, or doing business
within this State, such local, | 7 | | county or area division shall not be
required to register under | 8 | | this Section if the superior or parent
organization files a | 9 | | registration statement on behalf of the local, county
or area | 10 | | division in addition to or as part of its own registration
| 11 | | statement. Where a registration statement has been filed by a | 12 | | superior or
parent organization as provided in Section 2(g) of | 13 | | this Act, it shall
file the annual report required under | 14 | | Section 4 of this Act on behalf of
the local, county or area | 15 | | division in addition to or as part of its own
report, but the | 16 | | accounting information required under Section 4 of this Act
| 17 | | shall be set forth separately and not in consolidated form with | 18 | | respect to
every local, county or area division which raises or | 19 | | expends more than
$4,000.
| 20 | | (h) The Attorney General may make rules of procedure and | 21 | | regulations
necessary for the administration of this Act. | 22 | | Copies of all such rules of
procedure and regulations and of | 23 | | all changes therein, duly certified by the
Attorney General, | 24 | | shall be filed in the office of the Secretary of State.
| 25 | | (i) If a person, organization, or trustee fails to register | 26 | | or if
registration
of a trust or organization is cancelled as |
| | | HB4161 | - 6 - | LRB101 15898 SPS 65255 b |
|
| 1 | | provided in this Act, the
person, organization or
trustee is | 2 | | subject to injunction, to removal, to account, and to
| 3 | | appropriate other relief before the circuit court exercising | 4 | | chancery
jurisdiction.
In addition to any other relief granted | 5 | | under this Act, the court may
impose a civil penalty of not | 6 | | less than $500 nor more than $1,000 against the
organization or | 7 | | trust estate that failed to
register or
failed to maintain a | 8 | | registration required under this Act. The collected
penalty | 9 | | funds shall be used for charitable trust enforcement and for | 10 | | providing
charitable trust information to the public.
| 11 | | (Source: P.A. 90-469, eff. 8-17-97; 91-444, eff. 8-6-99.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
|
|