State of Illinois
90th General Assembly
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90_HB0887

      225 ILCS 460/3            from Ch. 23, par. 5103
          Amends  the  Solicitation  for  Charity  Act  to   exempt
      volunteer  organizations  that  provide  fire,  ambulance, or
      rescue services if solicited contributions are raised  solely
      within  the community or district served by the organization.
      Effective immediately.
                                                     LRB9003842DPdv
                                               LRB9003842DPdv
 1        AN ACT to amend  the  Solicitation  for  Charity  Act  by
 2    changing Section 3.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Solicitation for Charity Act  is  amended
 6    by changing Section 3 as follows:
 7        (225 ILCS 460/3) (from Ch. 23, par. 5103)
 8        Sec. 3. Exemptions.
 9        (a)  Upon  initial  filing  of  a  registration statement
10    pursuant to Section 2 of this Act  and  notification  by  the
11    Attorney  General  of  his  or  her  determination  that  the
12    organizational  purposes  specified  in  this  paragraph  for
13    exemption  are  actual  and  genuine,  the following entities
14    shall be exempt from all the provisions and  requirements  of
15    this  Act, except for the requirements set forth in Section 2
16    of this Act:
17             (1) 1.  A  corporation  sole  or   other   religious
18        corporation,   trust   or  organization  incorporated  or
19        established for religious purposes, nor to any agency  or
20        organization  incorporated or established for charitable,
21        hospital  or  educational   purposes   and   engaged   in
22        effectuating  one  or  more  of  such  purposes,  that is
23        affiliated with, operated by, or supervised or controlled
24        by a corporation sole  or  other  religious  corporation,
25        trust  or  organization  incorporated  or established for
26        religious purposes, nor to other  religious  agencies  or
27        organizations which serve religion by the preservation of
28        religious   rights   and   freedom  from  persecution  or
29        prejudice or by fostering religion, including  the  moral
30        and ethical aspects of a particular religious faith.
31             (2) 2.  Any  charitable  organization which does not
                            -2-                LRB9003842DPdv
 1        intend to solicit  and  receive  and  does  not  actually
 2        receive  contributions in excess of $10,000 during any 12
 3        month period ending December 31 of any year, provided all
 4        of its fund raising functions are carried on  by  persons
 5        who  are unpaid for such services.  However, if the gross
 6        contributions received by  such  charitable  organization
 7        during any 12 month period ending December 31 of any year
 8        shall  be  in excess of $10,000, it shall file reports as
 9        required under this Act and the provisions  of  this  Act
10        shall apply.
11        (b)  The  following  persons  shall  not  be  required to
12    register with the Attorney General:
13             (1) 1.  The   University   of   Illinois,   Southern
14        Illinois   University,   Eastern   Illinois   University,
15        Illinois  State  Normal  University,  Northern   Illinois
16        University,  Western Illinois University, all educational
17        institutions that are recognized by the  State  Board  of
18        Education   or   that   are   accredited  by  a  regional
19        accrediting association or by an organization  affiliated
20        with   the   National   Commission  on  Accrediting,  any
21        foundation having an established identity with any of the
22        aforementioned  educational   institutions,   any   other
23        educational  institution  confining  its  solicitation of
24        contributions to its student body,  alumni,  faculty  and
25        trustees,  and  their  families, or a library established
26        under the laws of this State, provided  that  the  annual
27        financial  report of such institution or library shall be
28        filed  with  the  State  Board  of  Education,  Governor,
29        Illinois State Library, County Library  Board  or  County
30        Board, as provided by law.
31             (2) 2.  Fraternal,  patriotic,  social, educational,
32        alumni  organizations  and  historical   societies   when
33        solicitation   of  contributions  is  confined  to  their
34        membership. This  exemption  shall  be  extended  to  any
                            -3-                LRB9003842DPdv
 1        subsidiary  of a parent or superior organization exempted
 2        by sub-paragraph (2) 2 of paragraph (b) of Section  3  of
 3        this  Act  where  such  solicitation  is  confined to the
 4        membership  of  the  subsidiary,   parent   or   superior
 5        organization.
 6             (3) 3.  Persons requesting any contributions for the
 7        relief or benefit of any individual, specified by name at
 8        the  time  of  the  solicitation,  if  the  contributions
 9        collected are turned over to the named beneficiary, first
10        deducting  reasonable  expenses for costs of banquets, or
11        social gatherings, if  any,  provided  all  fund  raising
12        functions  are  carried  on  by  persons  who are unpaid,
13        directly or indirectly, for such services.
14             (4) 4.  Any bona fide  union,  bona  fide  political
15        organization  or  bona  fide  political action committee,
16        which does not solicit funds for a charitable purpose.
17             (5) 5.  Any  charitable  organization  receiving  an
18        allocation from an incorporated community chest or united
19        fund, provided such chest or fund is complying  with  the
20        provisions  of  this  Act  relating  to  registration and
21        filing of annual reports with the Attorney  General,  and
22        provided  such organization does not actually receive, in
23        addition to such allocation, contributions in  excess  of
24        $4,000 during any 12 month period ending June 30th of any
25        year,  and  provided  further  that  all the fund raising
26        functions of such organization are carried on by  persons
27        who  are  unpaid for such services. However, if the gross
28        contributions other than such allocation received by such
29        charitable organization during any 12 month period ending
30        June 30th of any year shall be in excess  of  $4,000,  it
31        shall  within  30  days  after  the  date  it  shall have
32        received such contributions in excess of $4,000  register
33        with the Attorney General as required by Section 2.
34             (6)  A  bona  fide  organization  of volunteers that
                            -4-                LRB9003842DPdv
 1        provides fire, ambulance, or rescue services, or  a  bona
 2        fide  auxiliary  or  affiliate  of  such an organization,
 3        provided that all contributions are solicited and  raised
 4        solely  within  the  community  or district served by the
 5        organization.
 6             6.  A bona fide organization of  volunteer  firemen,
 7        or   a   bona   fide   auxiliary  or  affiliate  of  such
 8        organization, provided all its  fund  raising  activities
 9        are  carried  on by members of such an organization or an
10        affiliate   thereof   and   such   members   receive   no
11        compensation, directly or indirectly, therefor.
12             (7) 7.  Any  charitable  organization  operating   a
13        nursery  for infants awaiting adoption providing that all
14        its fund raising activities are carried on by members  of
15        such  an  organization  or  an affiliate thereof and such
16        members receive no compensation, directly  or  indirectly
17        therefor.
18             (8) 8.  Any  corporation  established by the Federal
19        Congress that is required by federal law to submit annual
20        reports of its activities to Congress containing itemized
21        accounts of all receipts  and  expenditures  after  being
22        duly audited.
23             (9) 9.  Any  boys' club which is affiliated with the
24        Boys'  Club  of  America,  a  corporation  chartered   by
25        Congress;  provided,  however,  that  such  an  affiliate
26        properly  files the reports required by the Boys' Club of
27        America and that the Boys' Club of America files with the
28        Government of the United States the reports  required  by
29        its federal charter.
30             (10) 10.  Any  veterans  organization  chartered  or
31        incorporated   under   federal   law   and  any  veterans
32        organization which is affiliated with, and recognized  in
33        the   bylaws   of,   a   congressionally   chartered   or
34        incorporated  veterans  organization;  provided, however,
                            -5-                LRB9003842DPdv
 1        that the affiliate properly files the reports required by
 2        the congressionally chartered  or  incorporated  veterans
 3        organization,   that  the  congressionally  chartered  or
 4        incorporated  veterans  organization   files   with   the
 5        government  of  the United States the reports required by
 6        its federal charter, and that copies  of  such  federally
 7        required reports are filed with the Attorney General.
 8    (Source: P.A. 87-755.)
 9        Section  99.  Effective date.  This Act takes effect upon
10    becoming law.

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