(225 ILCS 460/0.01) (from Ch. 23, par. 5100)
Sec. 0.01.
Short title.
This Act may be cited as the
Solicitation for Charity Act.
(Source: P.A. 86-1324.)
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(225 ILCS 460/1) (from Ch. 23, par. 5101)
Sec. 1. Definitions. The following words and phrases as used in this Act shall have the
following meanings unless a different meaning is required by the context.
(a) "Charitable organization" means any benevolent, philanthropic, patriotic,
or eleemosynary person or one purporting to be such which solicits and
collects funds for charitable purposes and includes each local, county, or
area division within this State of such charitable organization, provided
such local, county, or area division has authority and discretion to
disburse funds or property otherwise than by transfer to any parent
organization.
(b) "Contribution" means the promise or grant of any money or property of any
kind or value, including the promise to pay, except payments by union
members of an organization. Reference to the dollar amount of
"contributions" in this Act means in the case of promises to pay, or
payments for merchandise or rights of any other description, the value of
the total amount promised to be paid or paid for such merchandise or rights
and not merely that portion of the purchase price to be applied to a
charitable purpose. Contribution shall not include the proceeds from the
sale of admission tickets by any not-for-profit music or dramatic arts
organization which establishes, by such proof as the Attorney General may
require, that it has received an exemption under Section 501(c)(3) of the
Internal Revenue Code and which is organized and operated for the
presentation of live public performances of musical or theatrical works on
a regular basis. For purposes of this subsection, union member dues and
donated services shall not be deemed contributions.
(c) "Person" means any individual, organization, group, association,
partnership, corporation, trust, or any combination of them.
(d) "Professional fund raiser" means any person who for compensation or other
consideration, conducts, manages, or carries on any solicitation or fund raising drive or
campaign in this State or from this State or on behalf of a charitable
organization residing within this State for the purpose of soliciting, receiving, or collecting
contributions for or on behalf of any charitable organization or any other
person, or who engages in the business of, or holds himself or herself out to persons
in this State as independently engaged in the business of soliciting, receiving, or collecting
contributions for such purposes. A bona fide director, officer, employee, or
unpaid volunteer of a charitable organization shall not be deemed a
professional fund raiser unless the person is in a management position and
the majority of the individual's salary or other compensation is computed
on a percentage basis of funds to be raised, or actually raised.
(e) "Professional fund raising consultant" means any
person who is retained
by a charitable organization or trustee for a fixed fee or rate that is not
computed on a percentage of funds to be raised, or actually raised, under a
written agreement, to only plan, advise, consult, or prepare materials for a
solicitation of contributions in this State, but who does not manage,
conduct or carry on a fundraising campaign and who does not solicit
contributions or employ, procure, or engage any compensated person to
solicit contributions and who does not at any time have custody or control
of contributions. A volunteer, employee, or salaried officer of a
charitable organization or trustee maintaining a permanent establishment or
office in this State is not a professional fundraising consultant. An
attorney, investment counselor, or banker who advises an individual,
corporation, or association to make a charitable contribution is not a
professional fundraising consultant as a result of the advice.
(f) "Charitable purpose" means any charitable, benevolent, philanthropic,
patriotic, or eleemosynary purpose.
(g) "Charitable Trust" means any relationship whereby property is held
by a person for a charitable purpose.
(h) "Education Program Service" means any activity which provides
information to the public of a nature that is not commonly known or facts
which are not universally regarded as obvious or as established by common
understanding and which informs the public of what it can or should do
about a particular issue.
(i) "Primary Program Service" means the program service upon which an
organization spends more than 50% of its program service funds or the
program activity which represents the largest expenditure of funds in
the fiscal period.
(j) "Professional solicitor" means any natural person who is employed or
retained for compensation by a professional fund raiser to solicit, receive, or collect
contributions for charitable purposes from persons in this State or from
this State or on behalf of a charitable organization residing within
this State.
(k) "Program Service Activity" means the actual charitable program
activities of a charitable organization for which it expends its resources.
(l) "Program Service Expense" means the expenses of charitable program
activity and not management expenses or fund raising expenses. In
determining Program Service Expense, management and fund raising expenses
may not be included.
(m) "Public Safety Personnel Organization" means any person who uses any
of the words "officer", "police", "policeman", "policemen", "troopers",
"sheriff", "law enforcement", "fireman", "firemen", "paramedic", or
similar words in
its name or in conjunction with solicitations, or in the title or name of a magazine, newspaper, periodical, advertisement book, or any other medium of electronic or print publication, and is not
a governmental entity.
No organization may be a Public Safety Personnel Organization unless 80% or
more of its voting members or trustees are active or retired police officers, police officers with disabilities, peace officers,
firemen, fire fighters, emergency medical technicians - ambulance,
emergency medical technicians - intermediate, emergency medical technicians -
paramedic, ambulance drivers, or other medical assistance or first aid
personnel.
(m-5) "Public Safety Personnel" includes police officers, peace officers,
firemen, fire fighters, emergency medical technicians - ambulance,
emergency medical technicians - intermediate, emergency medical technicians -
paramedic, ambulance drivers, and other medical assistance or first aid
personnel.
(n) "Trustee" means any person, individual, group of individuals,
association, corporation, not for profit corporation, or other legal entity
holding property for or solicited for any charitable purpose; or any
officer, director, executive director or other controlling persons of a
corporation soliciting or holding property for a charitable purpose.
(o) "Reviewed financial statements" means procedures performed on financial statements in accordance with statements on standards for accounting and review services issued by the American Institute of Certified Public Accountants, in which a certified public accountant obtains limited assurance as a basis for reporting whether the accountant is aware of any material modifications that should be made to the financial statements for them to be in accordance with the specified basis of accounting. This subsection is inoperative on and after January 1, 2029. (Source: P.A. 103-121, eff. 1-1-24.)
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(225 ILCS 460/2) (from Ch. 23, par. 5102)
Sec. 2.
Registration; rules; penalties.
(a) Every charitable organization, except as otherwise provided in
Section 3 of this Act, which solicits or intends to solicit contributions
from persons in this State or which is located in this State, by any
means whatsoever shall, prior to any solicitation, file with the Attorney
General upon forms prescribed by him, a registration statement, accompanied
by a registration fee of $15, which statement shall
include the following certified information:
1. The name of the organization and the name or | ||
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2. The names and addresses of the officers, | ||
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3. The addresses of the organization and the | ||
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4. Where and when the organization was legally | ||
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5. The purpose for which the organization is | ||
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6. The date on which the fiscal year of the | ||
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7. Whether the organization is authorized by any | ||
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8. The names and addresses of any professional fund | ||
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9. Methods by which solicitation will be made.
10. Copies of contracts between charitable | ||
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11. Board, group, or individual having final | ||
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(b) The registration statement shall be signed by the president or other
authorized officer and the chief fiscal officer of the organization.
(c) Such registration shall remain in effect unless it is either
cancelled as provided in this Act or withdrawn by the organization.
(d) Every registered organization shall notify the Attorney General
within 10 days of any change in the information required to be furnished by
such organization under paragraphs 1 through 11 of subdivision (a) of this
Section.
(e) In no event shall a registration of a charitable organization
continue, or be continued, in effect after the date such organization
should have filed, but failed to file, an annual report in accordance with
the requirements of Section 4 of this Act, and such organization shall
not be eligible to file a new registration until it shall have filed the
required annual report with the Attorney General. If such report is
subsequently filed and accepted by the Attorney General such organization
may file a new registration.
If a person, trustee, or organization fails to timely register or maintain a
registration of a trust or organization as required by this Act or if its
registration is cancelled as provided in this Act, and if that trust or
organization remains in existence and by law is required to be registered, in
order to re-register or file a late registration a current registration
statement must be filed accompanied by financial reports in the form required
herein for all past years. In all instances where re-registration and late
registration are allowed, the new registration materials must be filed,
accompanied by a penalty registration fee of $200.
(f) Subject to reasonable rules and regulations adopted by the Attorney
General, the register, registration statements, annual reports, financial
statements, professional fund raisers' contracts, bonds, applications for
registration and re-registration, and other documents required to be filed
with the Attorney General shall be open to public inspection.
Every person subject to this Act shall maintain accurate and detailed
books and records at the principal office of the organization to provide
the information required herein. All such books and records shall be open
to inspection at all reasonable times by the Attorney General or his duly
authorized representative.
(g) Where any local, county or area division of a charitable
organization is supervised and controlled by a superior or parent
organization, incorporated, qualified to do business, or doing business
within this State, such local, county or area division shall not be
required to register under this Section if the superior or parent
organization files a registration statement on behalf of the local, county
or area division in addition to or as part of its own registration
statement. Where a registration statement has been filed by a superior or
parent organization as provided in Section 2(g) of this Act, it shall
file the annual report required under Section 4 of this Act on behalf of
the local, county or area division in addition to or as part of its own
report, but the accounting information required under Section 4 of this Act
shall be set forth separately and not in consolidated form with respect to
every local, county or area division which raises or expends more than
$4,000.
(h) The Attorney General may make rules of procedure and regulations
necessary for the administration of this Act. Copies of all such rules of
procedure and regulations and of all changes therein, duly certified by the
Attorney General, shall be filed in the office of the Secretary of State.
(i) If a person, organization, or trustee fails to register or if
registration
of a trust or organization is cancelled as provided in this Act, the
person, organization or
trustee is subject to injunction, to removal, to account, and to
appropriate other relief before the circuit court exercising chancery
jurisdiction.
In addition to any other relief granted under this Act, the court may
impose a civil penalty of not less than $500 nor more than $1,000 against the
organization or trust estate that failed to
register or
failed to maintain a registration required under this Act. The collected
penalty funds shall be used for charitable trust enforcement and for providing
charitable trust information to the public.
(Source: P.A. 90-469, eff. 8-17-97; 91-444, eff. 8-6-99.)
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(225 ILCS 460/3) (from Ch. 23, par. 5103)
Sec. 3.
Exemptions.
(a) Upon initial filing of a registration statement pursuant
to Section 2 of this Act and notification by the Attorney General of his
determination that the organizational purposes or circumstances specified
in this
paragraph for exemption are actual and genuine, the following entities
shall be exempt from all the report filing provisions
of this Act,
except for the requirements set forth in Section 2 of this Act:
1. A corporation sole or other religious | ||
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2. Any charitable organization which does not intend | ||
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(b) The following persons shall not be required to register with the
Attorney General:
1. The University of Illinois, Southern Illinois | ||
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2. Fraternal, patriotic, social, educational, alumni | ||
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3. Persons requesting any contributions for the | ||
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4. Any bona fide union, bona fide political | ||
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5. Any charitable organization receiving an | ||
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6. A bona fide organization of volunteer firemen, or | ||
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7. Any charitable organization operating a nursery | ||
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8. Any corporation established by the Federal | ||
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9. Any boys' club which is affiliated with the Boys' | ||
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10. Any veterans organization chartered or | ||
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11. Any parent-teacher organization that is | ||
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(i) the school is specified by name at the time | ||
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(ii) all of the contributions are turned over to | ||
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(iii) all fundraising functions are carried on by | ||
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(iv) the total contributions, less reasonable | ||
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(v) the organization provides the school at least | ||
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(vi) the governing board of the school certifies | ||
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(Source: P.A. 90-469, eff. 8-17-97; 91-444, eff. 8-6-99.)
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(225 ILCS 460/4) (from Ch. 23, par. 5104)
Sec. 4. Annual reporting for charities. (a) Every charitable organization registered pursuant to Section 2
of this Act which shall receive in any 12-month period ending upon its
established fiscal or calendar year contributions in excess of $500,000
and every charitable organization whose fund raising functions are not
carried on solely by staff employees or persons who are unpaid for such
services, if the organization shall receive in any 12-month period ending
upon its established fiscal or calendar year contributions in excess of
$25,000, shall file a
written report with the Attorney General upon forms
prescribed by him or her, on or before June 30 of each year if its books are kept
on a calendar basis, or within 6 months after the close of its fiscal year
if its books are kept on a fiscal year basis, which written report shall
include a
financial statement covering the immediately preceding 12-month period of
operation. Such financial statement shall include a balance sheet and
statement of income and expense, and shall be consistent with forms
furnished by the Attorney General clearly setting forth the following:
gross receipts and gross income from all sources, broken down into total
receipts and income from each separate solicitation
project or source; cost of administration; cost of solicitation; cost of
programs designed to inform or educate the public; funds or properties
transferred out of this State, with explanation as to recipient and
purpose; cost of fundraising; compensation paid to trustees; and total net
amount disbursed or dedicated for each major purpose,
charitable or otherwise. Such report shall also include a statement of any
changes in the information required to be contained in the registration
form filed on behalf of such organization. The report shall be signed by
the president or other authorized officer and the chief fiscal officer of
the organization who shall certify that the statements therein are true
and correct to the best of their knowledge, and shall be accompanied by
an opinion signed by an independent certified public accountant that the
financial statement therein fairly represents the financial operations of
the organization in sufficient detail to permit public evaluation of its
operations. Said opinion may be relied upon by the Attorney General.
(b) Every organization registered pursuant to Section 2 of this Act
which shall receive in any 12-month period ending upon its established
fiscal or calendar year of any year
contributions:
(1) in excess of $15,000, but not in excess of | ||
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(2) in excess of $25,000, but not in excess of | ||
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(3) in excess of $300,000, but not in excess of | ||
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(c) For any fiscal or calendar year of any organization registered
pursuant to Section 2 of this Act in which such organization would have
been exempt from registration pursuant to Section 3 of this Act if it had
not been so registered, or in which it did not solicit or receive
contributions, such organization shall file, on or before June 30 of each
year if its books are kept on a calendar basis, or within 6 months after
the close of its fiscal year if its books are kept on a fiscal year basis,
instead of the reports required by subdivisions (a) or (b) of this Section,
a statement certified under penalty of perjury by its president and chief fiscal
officer stating the exemption and the facts upon which it is based or that
such organization did not solicit or receive contributions in such fiscal
year. The statement shall also include a statement of any
changes in the information required to be contained in the registration form
filed on behalf of such organization.
(d) As an alternative means of satisfying the duties and obligations
otherwise imposed by this Section, any veterans organization
chartered or incorporated under federal law and any veterans organization
which is affiliated with, and recognized in the bylaws of, a
congressionally chartered or incorporated organization may, at its option,
annually file with the Attorney General the following documents:
(1) A copy of its Form 990, as filed with the | ||
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(2) Copies of any reports required to be filed by the | ||
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(3) Copies of all contracts entered into by the | ||
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(e) As an alternative means of satisfying all of the duties and
obligations otherwise imposed by this Section, any person, pursuant
to a
contract with a charitable organization, a veterans organization, or an
affiliate described or referred to in subsection (d) who receives,
collects, holds, or transports as the agent of the organization or affiliate
for purposes of resale any used or second hand personal property, including,
but not limited to, household goods, furniture, or clothing donated to the
organization or affiliate may, at its option, annually file with the
Attorney General the following documents, accompanied by an annual filing fee
of $15:
(1) A notarized report including the number of | ||
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(2) All contracts with the charitable organization, | ||
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(3) All contracts by which the person agreed to pay | ||
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(f) The Attorney General may seek appropriate equitable relief from a
court, enter into a binding nonjudicial settlement agreement, or cancel the registration
of any organization which fails to comply with subsection (a), (b), or (c) of
this Section within the time therein prescribed, or fails to furnish such
additional information as is requested by the Attorney General within the
required time; except that the time may be extended by the Attorney General
for a period not to exceed 60 days upon a timely written
request and for
good cause stated. Unless otherwise stated herein, the Attorney General
shall, by
rule, set forth the standards used to determine whether a registration
shall be cancelled as authorized by this subsection. Such standards shall
be stated as precisely and clearly as practicable, to inform fully those
persons affected. Notice of such cancellation shall be mailed to the
registrant at least 15 days before the effective date thereof.
(g) The Attorney General in his or her discretion may, pursuant to rule,
accept executed copies of federal Internal Revenue returns and reports as a
portion of the foregoing
annual reporting in the interest of minimizing paperwork, except there
shall be no substitute for the independent certified public accountant
audit opinion required by this Act.
(h) The Attorney General after canceling the registration of any trust
or organization which fails to comply with
this
Section within the time therein prescribed may by court proceedings, in
addition to all other relief, seek to
collect the assets and distribute such under court supervision to other
charitable purposes. (h-5) The Attorney General, within a binding nonjudicial settlement agreement, may accept a written assurance of discontinuance of any method, act, or practice alleged to be a violation of subsection (a), (b), or (c) from the person who has engaged in the method, act, or practice. The Attorney General may at any time reopen a matter in which an assurance of discontinuance is accepted for further proceedings if the Attorney General determines that reopening the matter is in the public interest. Evidence of a violation of an assurance of discontinuance is prima facie evidence of a violation of this Act in any subsequent proceeding brought by the Attorney General.
(i) Every trustee, person, and organization required to file an annual
report shall pay a filing fee of $15 with each annual financial report filed
pursuant to this Section. If a proper and complete annual report is not timely
filed, a late filing fee of an additional $100 is imposed and shall be paid
as a condition of filing a late report. Reports submitted without the proper
fee shall not be accepted for filing. Payment of the late filing fee and
acceptance by the Attorney General shall both be conditions of filing a late
report. All late filing fees shall be used to provide charitable trust
enforcement and dissemination of charitable trust information to the public and
shall be maintained in a separate fund for such purpose known as the Illinois
Charity Bureau Fund.
(j) There is created hereby a separate special fund in the State treasury to
be known as the Illinois Charity Bureau Fund. That Fund shall be under the
control of the Attorney General, and the funds, fees, and penalties deposited
therein shall be used by the Attorney General to enforce the provisions of this
Act and to gather and disseminate information about charitable trustees and
organizations to the public. (k) The changes made to this Section by this amendatory Act of the 103rd General Assembly are inoperative on and after January 1, 2029.
(Source: P.A. 103-121, eff. 1-1-24.)
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(225 ILCS 460/5) (from Ch. 23, par. 5105)
Sec. 5. Any charitable organization, trustee, person, professional fund
raiser or professional solicitor, which or who solicits, receives, or collects contributions in
this State, but does not maintain an office within the State or cannot be
located within the State shall be subject to service of process, as follows:
(a) By service thereof on its registered agent within the State, or if
there be no such registered agent, then upon the person who has been
designated in the registration statement as having custody of books and
records within this State; where service is effected upon the person so
designated in the registration statement a copy of the process shall, in
addition, be mailed to the registrant's last known address;
(b) When any corporate person has solicited, received, or collected contributions in this
State, but maintains no office within the State, has no registered agent
within the State, and no designated person having custody of its books and
records within the State, or when a registered agent or person having
custody of its books and records within the State cannot be found as shown
by the return of the sheriff of the county in which such registered agent
or person having custody of books and records has been represented by the
charitable organization or person as maintaining an office, service may be
made by delivering to and leaving with the Secretary of State, or with any
deputy or clerk in the corporation department of his office, three copies thereof;
(c) Following service upon the Secretary of State the provisions of law
relating to service of process on foreign corporations shall thereafter govern;
(d) Long arm service in accordance with law;
(e) The solicitation, receipt, or collection of any contribution within this State by any
charitable organization or any person shall be deemed to be their agreement
that any process against it or him which is so served in accordance with
the provisions of this Section shall be of the same legal force and effect
as if served personally within this State and that the courts of this State
shall have personal jurisdiction over such organizations, persons and trustees;
(f) Venue over persons required to be registered under this Act shall be
proper in any county where the Attorney General accepts and maintains the list
of registrations. In furtherance of judicial economy, actions filed for
violation of this Act may name multiple trustees, trusts, and organizations in
a
single or joint action where those joined have each engaged in similar conduct
in violation of this Act or where similar relief is sought against those
defendants for violation of this Act.
(Source: P.A. 94-749, eff. 1-1-07.)
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(225 ILCS 460/6) (from Ch. 23, par. 5106)
Sec. 6. Professional fund raiser registration.
(a) No person shall act as a professional fund raiser or allow
a professional fund raiser entity he owns, manages or controls to act for a
charitable organization required to register pursuant to Section 2 of this
Act, or for any organization as described in Section 3 of
this Act before he has registered himself or the entity with the
Attorney General or after the expiration or cancellation of such
registration or any renewal thereof. Applications for registration and
re-registration shall be in writing, under oath, in the form prescribed by
the Attorney General.
A registration fee of $100 shall be paid with each registration and upon
each re-registration.
Registration and re-registration can proceed only if all financial
reports have been filed in proper form and all fees have been paid in full.
If the applicant intends to or
does take control or possession of charitable funds, the applicant shall at
the time of making application, file with, and have approved by, the
Attorney General a bond in which the applicant shall be the principal
obligor, in the sum of $10,000, with one or more corporate sureties licensed
to do business in this State whose liability in the aggregate will at least
equal such sum. The bond shall run to the Attorney General for the use of
the State and to any person who may have a cause of action against the
obligor of the bond for any malfeasance or misfeasance in the conduct of
such solicitation; provided, that the aggregate limit of liability of the
surety to the State and to all such persons shall, in no event, exceed the
sum of such bond. Registration or re-registration when effected shall be
for a period of one year, or a part thereof, expiring on the 30th day of
June, and may be renewed upon written application, under oath, in the form
prescribed by the Attorney General and the filing of the bond for
additional one year periods. Every professional fund raiser required to
register pursuant to this Act shall file an annual written report with the
Attorney General containing such information as he may require by rule.
Certification shall be required for only information within the
professional fund raiser's knowledge.
(b) Upon filing a complete registration statement, a
professional fund raiser shall be given a registration number and shall be
considered registered. If the materials submitted are determined to be
inaccurate or incomplete, the Attorney General shall notify the
professional fund raiser of his findings and the defect and that within 30
days his registration will be cancelled unless the defect is cured within
said time.
(c) Every professional fund raiser registered under this Act who takes
possession or control of charitable funds directly, indirectly, or through an
escrow shall submit a full written
accounting to the charitable organization of all funds it or its agents
collected on behalf of the charitable organization during the 6 month
period ended June 30 of each year, and file a copy of the accounting with
the Attorney General. The accounting shall be in writing under oath and be
signed and made on forms as prescribed by the Attorney General and shall be
filed by the following September 30 of each year; however, within the time
prescribed, and for good cause, the Attorney General may grant a 60 day
extension of the due date.
(d) Every professional fund raiser registered pursuant to this Act shall
also file calendar year written financial reports with the
Attorney General containing such information as he may require, on forms
prescribed by him, as well as separate financial reports for each separate
fund raising campaign conducted. The written report, including all required schedules, shall be filed under
oath on or before April 30 of the following calendar year and be signed and
verified under penalty of perjury within the time prescribed.
An annual report fee of $25 shall be paid to the Attorney General with the
filing of that report. If the report is not timely filed, a late filing fee
shall result and must be paid prior to re-registration. The late filing fee
shall be calculated at $200 for each and every separate fundraising
campaign conducted during the report year.
For good
cause, the Attorney General may grant a 30 day extension of the due date, in
which case a late filing fee shall not be imposed until the expiration of the
extension period.
A copy of the report shall also be given to the charitable organization by
the due date of filing. A professional fund raiser shall only be required
to verify information actually available to the professional fund raiser, but
in any event an annual report must be timely filed.
(d-5) The calendar year written financial report of every professional fund raiser who conducts, manages, or carries on a fund raising campaign involving the collection or resale of any automobiles, motorcycles, other motor vehicles, boats, yachts, or other water craft collected in Illinois during the report year, and the distribution of funds from the collection or resale of such motor vehicles and water crafts to the charitable organization, must include a schedule detailing the following information for each motor vehicle and water craft collected or resold: (1) The vehicle or hull identification number. (2) The gross resale amount of the vehicle. (3) The total amount distributed to the charitable | ||
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(4) Any and all fees, compensation, or other | ||
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(5) The identity of any other professional fund | ||
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The calendar year written financial report of every professional fund raiser who conducts, manages, or carries on a fund raising campaign involving the collection or resale of any automobile, motorcycle, other motor vehicle, boat, yacht, or other water craft collected in Illinois during the report year, but who does not distribute funds from such collection or resale to the charitable organization, must include a schedule detailing the following information for each motor vehicle and water craft collected or resold: (1) The vehicle or hull identification number. (2) Any and all fees, compensation, or other | ||
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(3) The identity of the person or entity involved in | ||
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(e) No person convicted of a felony may register as a professional fund
raiser, and no person convicted of a misdemeanor involving fiscal
wrongdoing, breach of fiduciary duty or a violation of this Act may
register as a professional fund raiser for a period of 5 years from the
date of the conviction or the date of termination of the sentence or
probation, if any, whichever is later. This subsection shall not apply to
charitable organizations that have as their primary purpose the
rehabilitation of criminal offenders, the reintegration of criminal
offenders into society, the improvement of the criminal justice system or
the improvement of conditions within penal institutions.
(f) A professional fund raiser may not cause or allow independent
contractors to act on its behalf in soliciting charitable contributions
other than registered professional solicitors.
A professional fund raiser must maintain
the names, addresses and social security numbers of all of its professional
solicitors for a period of at least 2 years.
(g) Any person who knowingly violates the provisions of
subsections (a), (e), and (f) of this Section is
guilty of a Class 4 felony. Any person who
fails after being given notice of delinquency to file written financial
reports required by subsections (c), (d), and (d-5) of this Section which is
more than 2 months past its due date is guilty of a Class A misdemeanor.
(h) Any person who violates any of the provisions of this
Section shall be subject to civil penalties of $5,000 for each
violation and shall not be entitled to keep or receive fees, salaries,
commissions or any compensation as a result or on account of the
solicitations or fund raising campaigns, and at the request of the Attorney
General or the charitable organization, a court may order that such
be forfeited and paid toward and used for a charitable purpose as the court
in its discretion determines is appropriate or placed in the Illinois Charity
Bureau Fund.
(Source: P.A. 94-749, eff. 1-1-07.)
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(225 ILCS 460/6.5) (from Ch. 23, par. 5106.5)
Sec. 6.5.
Each person or entity that undertakes activities
as a professional fundraising consultant, and that is not subject to the
requirement to register or report as a professional fund raiser, shall
register with the Attorney General, and reconfirm the registration every 2
years or upon such longer period as the Attorney General shall prescribe.
Application for registration or re-registration shall be in writing, under
oath in the form prescribed by the Attorney General, and the Attorney
General shall mail registration forms to the address of any registered
professional fundraising consultant. Such form shall contain an affidavit
to the effect that the professional fundraising consultant has not or will
not at any time have custody or control of charitable contributions.
Failure to register pursuant to this Section shall subject the party to a
fine in an amount not to exceed $100.
(Source: P.A. 87-755; 87-895.)
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(225 ILCS 460/7) (from Ch. 23, par. 5107)
Sec. 7.
(a) All contracts entered into by a professional fund raiser to
conduct a fundraising campaign for a charitable purpose or charitable
organization must be in writing in conformity with this Act. A
true and correct copy of each contract shall be filed by the professional
fund raiser and the charitable trustee or organization
who is party
thereto with the Attorney General prior to the conduct of a fundraising
campaign under the contract and annually by the professional fund raiser at and
with each reregistration. Each professional fund
raiser shall pay an annual filing fee of $25 for each active contract filed
or on file under this Act. The fee shall be paid at initial and annual
re-registration. True and
correct copies of such contracts shall be kept on file in the offices of
the charitable organization and the professional fund raiser during the
term thereof and until the expiration of a period of 3 years subsequent to
the date the solicitation of contributions provided for therein actually
terminates. Any person who violates the provisions of this Section is
guilty of a Class A misdemeanor.
(b) Any contract between a trust or charitable organization and a
professional fund raiser must contain an estimated reasonable budget
disclosing the target amount of funds to be raised over the contract
period, the type and amount of projected expenses related thereto, and the
amount projected to be paid to the charitable organization. In addition,
the contract shall disclose the period of its duration, the geographic
scope for fundraising, describe the methods of fundraising to be employed
and provide assurance of record keeping and accountability. If the
contract provides that the professional fund raiser will retain or be paid
a stated percentage of the gross amount raised, an estimate of the target
gross amount to be raised and to be paid to charity shall be stated in the
contract. If the contract provides for payment on an hourly rate for fund
raising, the total estimated hourly amount, as well as the estimated number
of hours to be spent in fund raising, shall be stated.
(c) All professional fund raiser contracts shall be approved and
accepted by a majority of the charitable organization's trustees, and in
the case of a not for profit charitable corporation, by its president and
at least one member of its Board of Directors, and the contract shall
recite said approval and acceptance by certification by a trustee or the
corporation's president.
(d) All professional fund raiser contracts shall disclose the
amounts of all commissions, salaries and fees charged by the fund raiser, its
agents, employees and solicitors and the method used for computing such.
(e) If the professional fund raiser, its agents, solicitors or employees
or members of the families thereof own an interest in, manage or are a
supplier or vendor of fund raising goods or services, the relationship
shall be fully disclosed in the contract, as well as the method of
determining the related supplier's or vendor's charges.
(f) If the professional fund raiser, in the course of raising funds, is
also providing charitable education program services to the public, the
charitable organization shall approve or provide to the fund raiser a
written text of all public educational program materials to be disseminated
when fund raising, copies of which shall be maintained by the parties.
(g) Any person who knowingly violates any provision of this Section may
be subject to injunctive relief and removal from office.
Failure to file a contract and pay the prescribed annual contract filing fee
prior to conducting a fund raiser for an organization shall in addition to
other relief subject the professional fund raiser to a late filing fee of
$1,000 for each contract not timely filed.
(h) A professional fund raiser or professional solicitor that
materially fails to comply with this Section shall not be entitled to
collect or retain any compensation, commission, fee or salary received in
any campaign in which the violation occurs. Upon application, by the
Attorney General to a court of competent jurisdiction, the court may apply
equitable considerations in enforcing this Section.
(Source: P.A. 90-469, eff. 8-17-97.)
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(225 ILCS 460/7.5)
Sec. 7.5. Public Safety Personnel Organization.
(a) Every Public Safety Personnel Organization that solicits
contributions
from the public shall, in addition to other provisions of this Act:
(1) Have as a condition of public solicitation a | ||
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The obligation required by this subdivision (1) does | ||
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(i) the professional fund raiser does not have | ||
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(ii) the Public Safety Personnel Organization and | ||
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(2) Act in accordance with Section 17-2 of the | ||
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(b) Any professional fund raiser who willfully violates the provisions of
this Section
may in
addition to other remedies be subject to a fine of $2,000 for each violation,
forfeiture of all
solicitation fees, and enjoined from operating and soliciting the
public.
(c) This Section does not apply to a contract that is in effect on the
effective date of this amendatory Act of the 91st General Assembly
(unless the contract is extended,
renewed, or revised on or after the effective date of this amendatory Act of
the 91st General Assembly, in which case this Section applies to
the contract on and after the date
on which the extension, renewal, or revision takes place).
(Source: P.A. 97-1150, eff. 1-25-13.)
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(225 ILCS 460/8) (from Ch. 23, par. 5108)
Sec. 8.
(a) No person shall act as a professional solicitor in the
employ of a professional fund raiser required to register pursuant to
Section 6 of this Act before he has registered with the Attorney General or
after the expiration or cancellation of such registration or any renewal
thereof. Application for registration or re-registration shall be in
writing, under oath, in the form prescribed by the Attorney General. It
shall describe the method and amount the solicitor will be paid and the
charities for which the solicitor will be soliciting. Such registration or
re-registration when effected shall be for a period of one year, or a part
thereof, expiring on the 30th day of June, and may be renewed upon written
application, under oath, in the form prescribed by the Attorney General for
additional one year periods.
(b) Any person who violates the provisions of this Section is guilty of
a Class A misdemeanor.
(c) No person convicted of a felony may register as a professional
solicitor. No person convicted of a misdemeanor involving
fiscal wrongdoing, breach of fiduciary duty, or a violation of this Act may
register as a professional solicitor.
(d) Any person who violates the provisions of this Section shall not be
entitled to keep or receive fees, salaries, commissions, or any
compensation as a result or on account of the solicitations or fund raising
campaigns, and at the request of the Attorney General a court may order
that such fees, salaries, commissions, or compensation shall be forfeited
and distributed for charitable use.
(Source: P.A. 87-755.)
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(225 ILCS 460/9) (from Ch. 23, par. 5109)
Sec. 9.
(a) An action for violation of this Act may be prosecuted by the
Attorney General in the name of the people of the State, and in any such
action, the Attorney General shall exercise all the powers and perform all
duties which the State's Attorney would otherwise be authorized to exercise
or to perform therein.
(b) This Act shall not be construed to limit or restrict the exercise of
the powers or the performance of the duties of the Attorney General which
he otherwise is authorized to exercise or perform under any other provision
of law by statute or otherwise.
(c) Whenever the Attorney General shall have reason to believe that any
charitable organization, professional fund raiser, or professional
solicitor is operating in violation of the provisions of this Act, or if
any of the principal officers of any charitable organization has refused or
failed, after notice, to produce any records of such organization or there
is employed or is about to be employed in any solicitation or collection of
contributions for a charitable organization any device, scheme, or artifice
to defraud or for obtaining money or property by means of any false
pretense, representation or promise, or any false statement has been made
in any application, registration or statement required to be filed pursuant
to this Act, in addition to any other action authorized by law, he may
bring in the circuit court an action in the name, and on behalf of the
people of the State of Illinois against such charitable organization and
any other person who has participated or is about to participate in such
solicitation or collection by employing such device, scheme, artifice,
false representation or promise, to enjoin such charitable organization or
other person from continuing such solicitation or collection or engaging
therein or doing any acts in furtherance thereof, or to cancel any
registration statement previously filed with the Attorney General.
In connection with such proposed action the Attorney General is
authorized to take proof in the manner provided in Section 2-1003
of the Code of Civil Procedure.
(d) Upon a showing by the Attorney General in an application for an
injunction that any person engaged in the solicitation or collection of
funds for charitable purposes, either as an individual or as a member of a
copartnership, or as an officer of a corporation or as an agent for some
other person, or copartnership or corporation, has been convicted in this
State or elsewhere of a felony or of a misdemeanor where such felony or
misdemeanor involved the misappropriation, misapplication or misuse of the
money or property of another, he may enjoin such persons from engaging in
any solicitation or collection of funds for charitable purposes.
(e) The Attorney General may exercise the authority granted in this
Section against any charitable organization or person which or who operates
under the guise or pretense of being an organization exempted by the
provisions of Section 3 and is not in fact an organization entitled to
such an exemption.
(f) In any action brought under the provisions of this Act, the Attorney
General is entitled to recover costs for the use of this State.
(g) Any person who knowingly violates this Section may be enjoined
from such conduct, removed from office, enjoined from acting for charity
and subject to punitive damages as deemed appropriate by the circuit
court.
(h) Any person who violates this Section shall not be entitled to keep
or receive monies, fees, salaries, commissions or any compensation, as a
result of the solicitations or fund raising campaigns, and at the request
of the Attorney General such monies, fees, salaries, commissions or any
compensation shall be forfeited and subject to distribution to charitable
use as a court of equity determines.
(i) The Attorney General may publish an annual report of all charitable
organizations based on information contained in reports filed hereunder
stating the amount of money each organization received through solicitation
and the amount of money which was expended on program service activity and
the percentage of the solicited assets that were expended on charitable activity.
(j) The Attorney General shall cancel the registration of any
organization, professional fund raiser, or professional solicitor who
violates the provisions of this Section.
(k) Any person who solicits financial contributions or the sale of
merchandise, goods,
services, memberships, or advertisements in violation of the prohibitions of
subsection (d-1) of
Section 11 of this Act, or commits false personation, use
of title, or
solicitation as defined by Section 17-2 of the Criminal Code of 2012 shall, in
addition to any other penalties provided for by law, be subject to civil remedy
by cause of action brought by the Attorney General or a
Public Safety Personnel Organization affected by the violation.
In addition to equitable relief, a successful claimant or the Attorney
General shall recover damages of
triple the amount collected as a result of solicitations made in violation of
this Act, plus
reasonable attorney's fees and costs.
A plaintiff in any suit filed under this Section shall
serve a copy of all
pleadings on the Attorney General and the State's Attorney for the county in
which the suit is
filed.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(225 ILCS 460/10) (from Ch. 23, par. 5110)
Sec. 10.
When the Attorney General requires the attendance of any persons,
as provided in Section 9, he shall issue an order setting forth the time
when and the place where attendance is required and shall cause the same to
be served upon the person in the manner provided for service of process in
civil cases at least 14 days before the date fixed for attendance. Such
order shall have the same force and effect as a subpoena and, upon
application of the Attorney General, obedience to the order may be enforced
by any court having jurisdiction in the county where the person receiving
it resides or is found, in the same manner as though the notice were a
subpoena. Such court may, in case of contumacy or refusal to obey the order
issued by the Attorney General, issue an order requiring such person to
appear before the Attorney General or to produce documentary evidence, if
so ordered, or to give evidence touching the matter in question, and any
failure to obey such order of the court may be punished by that court as a
contempt upon itself. The investigation or hearing may be made by or before
any Assistant Attorney General designated in writing by the Attorney
General to conduct such investigation or hearing on his behalf. Witnesses
ordered to appear shall be paid the same fees and mileage as are paid
witnesses in the circuit courts of this State, and witnesses whose
depositions are taken and the persons taking the same shall severally be
entitled to the same fees as are paid for like services in the circuit
courts of this State. The Attorney General or the Assistant Attorney
General acting in his behalf is empowered to administer the necessary oath
or affirmation to such witnesses.
(Source: Laws 1963, p. 2082.)
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(225 ILCS 460/11) (from Ch. 23, par. 5111)
Sec. 11.
(a) No person shall for the purpose of soliciting contributions
from persons in this State, use the name of any other person, except that
of an officer, director or trustee of the charitable organization by or for
which contributions are solicited, without the written consent of such
other persons.
(b) A person shall be deemed to have used the name of another person for
the purpose of soliciting contributions if such latter person's name is
listed on any stationery, advertisement, brochure or correspondence in or
by which a contribution is solicited by or on behalf of a charitable
organization or his name is listed or referred to in connection with a
request for a contribution as one who has contributed to, sponsored or
endorsed the charitable organization or its activities.
(c) Nothing contained in this Section shall prevent the publication of
names of contributors without their written consents, in an annual or other
periodic report issued by a charitable organization for the purpose of
reporting on its operations and affairs to its membership or for the
purpose of reporting contributions to contributors.
(d) No charitable organization or professional fund raiser soliciting
contributions shall use a name, symbol, or statement so closely related or
similar to that used by another charitable organization or governmental
agency that the use thereof would tend to confuse or mislead the public.
(d-1) No Public Safety Personnel Organization may by words in its name or
in
its
solicitations claim to be representing, acting on behalf of, assisting, or
affiliated with the public
safety personnel of a particular municipal, regional, or other geographical
area, unless: (1) 80% or
more of the organization's voting members and trustees are persons who are
actively employed or
retired or disabled
from employment within the particular municipal, regional, or other
geographical area stated in
the name or solicitation; (2) all of these members are vested with the right to
vote in the election
of the managing or controlling officers of the organization either directly or
through delegates; and (3) the
organization includes in
any solicitation the actual number of active or retired police officers, or police officers with disabilities, peace officers,
firemen, fire fighters, emergency medical technicians - ambulance, emergency
medical
technicians - intermediate, emergency medical technicians - paramedic,
ambulance drivers, or
other medical assistance or first aid personnel who are members of the
organization who are
actively employed, retired, or disabled from employment within the particular
municipal,
regional, or other geographical area referenced in the solicitation.
(d-2) No person or organization may have a name or use a name using the
words "officer",
"police", "policeman", "policemen", "trooper", "sheriff", "law enforcement
officer", "deputy",
"chief of police", or similar words therein unless 80% or more of its trustees
and voting members
are active or retired law enforcement personnel or law enforcement personnel with disabilities.
(d-3) No person or organization may have a name or use a name using the
words
"fireman", "firemen", "fire fighter", "fire chief", "paramedic", or similar
words therein unless
80% or more of its trustees and voting members are active or retired fire fighters or fire fighters with disabilities,
firemen, emergency medical technicians - ambulance, emergency medical
technicians -
intermediate, emergency medical technicians - paramedic, ambulance drivers, or
other medical
assistance or first aid personnel.
(d-4) No person by words in a Public Safety Personnel Organization name or
in
solicitations made therefor shall state he or she or his or her organization
is assisting or
affiliated with a local, municipal, regional, or other governmental body or
geographical area
unless 80% of its trustees and voting members are active or retired police officers or police officers with disabilities, law
enforcement officials, firemen, fire fighters, emergency medical technicians -
ambulance,
emergency medical technicians - intermediate, emergency medical technicians -
paramedic,
ambulance drivers, or other medical assistance or first aid personnel of the
local, municipal,
regional, or other geographical area so named or stated.
Nothing in this Act shall prohibit a Public
Safety
Personnel Organization from stating the actual number of members it has in any
geographical area.
(e) Any person or organization that willfully violates the
provisions of
this Section is
guilty of a Class A misdemeanor.
Any person or organization that willfully violates the provisions of
this Section may in addition to other remedies be subject to a fine of $2,000
for each violation,
shall be subject to forfeiture of all solicitation fees, and shall be
enjoined from operating as
a fund raiser and soliciting the public for fundraising purposes.
(Source: P.A. 99-143, eff. 7-27-15.)
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(225 ILCS 460/12) (from Ch. 23, par. 5112)
Sec. 12.
Registration under this Act shall not be deemed to constitute an
endorsement by the State of Illinois of the charitable organization,
professional fund raiser, or professional solicitor so registered. It shall
be unlawful for any charitable organization, professional fund raiser, or
professional solicitor to represent, directly or indirectly, for the
purpose of solicitation and collection of funds for charitable purposes, in
any form or manner whatsoever by advertising or otherwise, that it has
registered or otherwise complied with the provisions of this Act. The
Attorney General may, in his discretion, cancel the registration of any
organization, professional fund raiser, or professional solicitor which or
who violates the provisions of this Section. The Attorney General shall,
by rule, set forth the standards by which he shall make this determination.
Such standards shall be stated as precisely and clearly as practicable, to
inform fully those persons affected.
(Source: P.A. 83-1282.)
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(225 ILCS 460/13) (from Ch. 23, par. 5113)
Sec. 13.
The Attorney General may enter into reciprocal agreements with a
like authority of any other State or States for the purpose of exchanging
information made available to the Attorney General or to such other like
authority.
(Source: Laws 1963, p. 2082.)
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(225 ILCS 460/14) (from Ch. 23, par. 5114)
Sec. 14.
If any provision of this Act, or the application of such
provision to any persons, body or circumstances shall be held invalid,
the remainder of this Act, or the application of such provision to
persons, bodies or circumstances other than those as to which it shall
have been held invalid, shall not be affected thereby.
(Source: Laws 1963, p. 2082.)
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(225 ILCS 460/15) (from Ch. 23, par. 5115)
Sec. 15.
(a) Trustees of charitable trusts, organizations and
corporations have a duty to supervise fund raising activities to ensure
that contributions are adequately protected and devoted to the proper
purpose and that statements or representations made during solicitations to
the public are true and correct.
(b) If any person, including a charitable organization, a professional
fund raiser or a professional solicitor, in conducting a fund raising
campaign for a charitable organization or for charitable or ostensibly
charitable purposes:
(1) Represents that tickets for a show or goods or | ||
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(2) Disseminates an educational message or materials | ||
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(3) Sells or offers for sale advertising space in a | ||
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(4) Engages in the dissemination of education program | ||
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(5) Engages in any public solicitation and therein | ||
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(6) Collects and takes control or possession of | ||
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(c) Any person who violates this Section may be enjoined from
continuing to act on behalf of the charity for a period of up to 5 years and if
the violation is intentional or willful they shall not be entitled to keep
or receive fees, salaries, commissions or any compensation as a result of
or on account of the solicitations or fund raising campaigns. At the request
of the Attorney General a court shall order that the fees, salaries,
commissions, or compensation shall be forfeited and used for a charitable
use as the court determines.
(Source: P.A. 87-755.)
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(225 ILCS 460/16) (from Ch. 23, par. 5116)
Sec. 16.
(a) Any person who intentionally in breach of fiduciary duty
misuses charitable assets is subject to punitive damages in an appropriate
amount upon a trial on the issue.
(b) Upon an application to a court of competent jurisdiction,
in which the Attorney General alleges that a charitable trust needs to be
protected or the trustees of a charitable organization or trust have
engaged in a breach of fiduciary duty toward the organization, and he seeks
injunctive relief and removal of such trustees, the Court may, as part of
the injunctive relief, and after a hearing where such trustees shall have
an opportunity to be heard, appoint temporarily or permanently a receiver
or additional trustees to protect and operate the organization and may
temporarily, or as ultimate relief for breach of duty or to protect the
trust, permanently remove any charitable organization's trustees, corporate
officers, directors and members from office and appoint replacements to
protect the public interest.
(Source: P.A. 87-755.)
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(225 ILCS 460/16.5)
Sec. 16.5. Terrorist acts.
(a) Any person or organization subject to registration under
this Act, who knowingly acts to further, directly or indirectly, or knowingly
uses charitable
assets to conduct or further, directly or indirectly, an act or actions as set
forth in Article 29D of the Criminal Code of 2012, is thereby engaged in an act
or actions contrary to public policy and antithetical to charity, and all of
the funds, assets, and records of the person or organization shall be
subject to temporary and permanent injunction from use or expenditure and the
appointment of a temporary and permanent receiver to take possession of all of
the assets and related records.
(b) An ex parte action may be commenced by the Attorney
General, and, upon a showing of probable cause of a
violation of this Section or Article 29D of the Criminal Code
of 2012, an immediate seizure of books and records
by the Attorney General by and through his or her assistants
or investigators or the Illinois State Police and freezing of all assets
shall be
made by order of a court to protect the public, protect the
assets, and allow a full review of the records.
(c) Upon a finding by a court after a hearing that a person or
organization has acted or is in violation of this Section, the person
or organization shall be permanently enjoined from soliciting funds from
the public, holding charitable funds, or acting as a trustee or fiduciary
within Illinois. Upon a finding of violation all assets and funds
held by the person or organization shall be forfeited to the People of
the State of Illinois or otherwise ordered by the court to be accounted
for and marshaled and then delivered to charitable causes and uses within
the State of Illinois by court order.
(d) A determination under this Section may be made by any
court separate and apart from any criminal
proceedings and the standard of proof shall be that for civil proceedings.
(e) Any knowing use of charitable assets to conduct or further, directly or
indirectly, an act or actions set forth in Article 29D of the Criminal Code of
2012 shall be a misuse of charitable assets and breach of fiduciary duty
relative to all other Sections of this Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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(225 ILCS 460/17) (from Ch. 23, par. 5117)
Sec. 17.
In any solicitation to the public for a charitable
organization by a professional fund raiser or professional solicitor:
(a) The public member shall be promptly informed by statement in verbal
communications and by clear and unambiguous disclosure in written materials
that the solicitation
is being made by a paid professional fund raiser. The fund raiser,
solicitor, and materials used shall also provide the professional fund raiser's
name and a statement that contracts and reports regarding the charity are on
file with the Illinois Attorney General and additionally, in verbal
communications, the solicitor's true name must be provided.
(b) If the professional fund raiser employs or uses a contract which
provides that it will be paid or retain a certain percentage of the gross
amount of each contribution or shall be paid an hourly rate for
solicitation, or the contract provides the charity will receive a fixed
amount or a fixed percentage of each contribution, the professional fund
raiser and person soliciting shall disclose to persons being solicited the
percentage amount retained or hourly rate paid to the
professional fund raiser and solicitor pursuant to the contract, and the
amount or the percentage to be received by the charitable organization from
each contribution, if such disclosure is requested by the person solicited.
(c) Any person, professional fund raiser, or professional
solicitor
soliciting charitable contributions from the public on behalf of a public
safety personnel organization shall not misrepresent that he or she is in fact
a law enforcement person, firefighter, or member of the organization for
whom the contributions are being raised, and, if requested by the
person
solicited, he or she shall promptly provide his or her
actual name, the exact legal
name of the organization with which he or she is employed and
its correct
address, as well as the exact name of the charitable organization.
(Source: P.A. 90-469, eff. 8-17-97; 91-357, eff. 7-29-99.)
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(225 ILCS 460/18) (from Ch. 23, par. 5118)
Sec. 18.
In any solicitation of contributions for a charitable
organization it shall be deemed a misrepresentation of fact if any person:
(a) Who is a professional fund raiser or professional solicitor fails in
any solicitations to state and disclose to persons solicited that they are
paid professional fund raisers or solicitors if the person being solicited
asks if they are paid callers;
(b) Who is relating the projected use of solicited charitable funds and
knowingly falsely states in a material fashion the charitable purposes for
which the charitable funds collected are to be used or are being used or
fails to disclose the primary program service to which such funds are known
to be devoted;
(c) Who is a professional fund raiser or professional solicitor and
refuses or fails to supply, upon the request of a person being solicited,
the hourly rate charge or the estimated percentage or actual percentage, if
known, which is to be paid to or retained by the professional fund raiser
and solicitor and the amount to be paid to the charitable organization
under the fund raising contract then in effect and the amount to be paid to
the charitable organizations;
(d) Falsely states or represents that they are a member of a charitable
organization or that they are a policeman, sheriff, law enforcement person,
or fireman;
(e) Who by use of an organization's name or by its appeal, represents
that solicited funds are for research or relates or implies that they will
be used to alleviate conditions or to eliminate a condition, or for another
specified purpose, but in fact the funds being solicited are used
primarily in educating the public and the person soliciting fails therewith
also to disclose that the primary purpose of the solicited funds is education;
(f) Who is a professional fund raiser or professional solicitor and who
makes a solicitation for a contribution for or on behalf of a charitable
organization without authorization by or a contract with the charitable
organization;
(g) Any paid person who is soliciting charitable funds who makes an
intentional misrepresentation as to the use of solicited funds is subject
to punitive damages upon a trial on the issue.
(Source: P.A. 87-755.)
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(225 ILCS 460/19) (from Ch. 23, par. 5119)
Sec. 19.
Any trustee or person who without lawful authority
intentionally disburses or causes the use of charitable trust funds over
which he is a fiduciary to be used for his personal benefit or for his own
personal use in an amount in excess of $1,000 within a 3 year period is
guilty of a Class 2 felony and is subject to civil punitive damages up to
or equal to the amount used and a civil penalty fine of up to $50,000 for
each intentional violation.
(Source: P.A. 87-755.)
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(225 ILCS 460/20) (from Ch. 23, par. 5120)
Sec. 20.
All copies of registration materials or financial documents
filed with the Attorney General pursuant to the provisions of this Act
shall, when certified by him or by his designated Assistant Attorney
General, be taken and received in all courts, public offices and official
bodies as business records of the filer.
(Source: P.A. 87-755.)
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(225 ILCS 460/21) (from Ch. 23, par. 5121)
Sec. 21.
Illinois Charity Bureau Fund.
The court in its discretion may
place costs, fines, and penalties collected pursuant to this Act into the
Illinois Charity Bureau
Fund created in Section 19 of the Charitable Trust Act and such shall be
expended by the Attorney General for the enforcement and administration of this
Act to protect the public interest in charitable funds and subject to transfer
by appropriation of said funds to the Attorney General's Grant Fund at the
Attorney General's direction.
(Source: P.A. 90-469, eff. 8-17-97.)
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(225 ILCS 460/22)
Sec. 22.
All fees and penalties collected by the Attorney General pursuant
to this Act shall be paid and deposited into the Illinois Charity Bureau Fund
in the State Treasury. Moneys in the Fund shall be appropriated to the
Attorney General for charitable trust enforcement purposes as an addition to
other appropriated funds and be used by the Attorney General to provide the
public with information concerning charitable trusts and organizations and for
charitable trust enforcement activities.
(Source: P.A. 90-469, eff. 8-17-97.)
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(225 ILCS 460/23)
Sec. 23.
Charitable Advisory Council.
As a part of charitable trust
enforcement and public disclosure,
a task force composed of citizens chosen by the Attorney General to be known as
the Attorney General's Charitable Advisory Council shall be and is hereby
formed as a permanent body. Members shall
serve at the pleasure of the Attorney General or for such terms as the Attorney
General may designate. This Advisory Council shall
study issues
of
charitable giving, volunteerism, and fundraising in this State. The Advisory
Council members shall serve without
compensation, and the expenses of the Council may be paid for out of the
Illinois Charity Bureau Fund in an amount not to exceed $10,000 per year
and in the discretion of the Attorney General.
(Source: P.A. 91-444, eff. 8-6-99; 92-205, eff. 1-1-02.)
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