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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)2of 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. 66. A bona fide organization of volunteer firemen,7or a bona fide auxiliary or affiliate of such8organization, provided all its fund raising activities9are carried on by members of such an organization or an10affiliate thereof and such members receive no11compensation, 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.