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90_SB1924
760 ILCS 55/5 from Ch. 14, par. 55
Amends the Charitable Trust Act. Provides that a trustee
of a charitable trust who is required to register with the
Attorney General shall, before obtaining control over money
or other assets he or she holds in trust, post a $10,000 bond
with the Attorney General and shall undergo a criminal
history background check. Prohibits a trustee who has been
convicted of a felony or a misdemeanor crime involving
dishonesty from continuing to serve as a trustee of a
charitable trust.
LRB9008388RCgc
LRB9008388RCgc
1 AN ACT to amend the Charitable Trust Act by changing
2 Section 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Charitable Trust Act is amended by
6 changing Section 5 as follows:
7 (760 ILCS 55/5) (from Ch. 14, par. 55)
8 Sec. 5. (a) The Attorney General shall establish and
9 maintain a register of trustees subject to this Act and of
10 the particular trust or other relationship under which they
11 hold property for charitable purposes and, to that end, shall
12 conduct whatever investigation is necessary, and shall obtain
13 from public records, court officers, taxing authorities,
14 trustees and other sources, copies of instruments, reports
15 and records and whatever information is needed for the
16 establishment and maintenance of the register.
17 (a-5) Every trustee required to register under this Act
18 shall post, before obtaining control over any moneys or other
19 assets held in trust, a $10,000 bond with the Attorney
20 General and authorize a criminal history background check to
21 be conducted by the Department of State Police. The
22 Department shall conduct the criminal history background
23 check and shall furnish records of convictions of the
24 trustee, unless expunged, or a report that no record of
25 convictions was found to the Attorney General. A trustee
26 required to register under this Act who fails to authorize a
27 criminal history background check or whose criminal history
28 indicates a conviction for a felony or for a misdemeanor
29 crime involving dishonesty shall be ineligible to continue to
30 serve as a trustee under this Act.
31 (b) A registration statement shall be signed and
-2- LRB9008388RCgc
1 verified under penalty of perjury by 2 officers of a
2 corporate charitable organization or by 2 trustees if not a
3 corporate organization. One signature will be accepted if
4 there is only one officer or one trustee. A registration fee
5 of $15 shall be paid with each initial registration. If a
6 person, trustee or organization fails to maintain a
7 registration of a trust or organization as required by this
8 Act, and its registration is cancelled as provided in this
9 Act, and if that trust or organization remains in existence
10 and by law is required to be registered, in order to
11 re-register, a new registration must be filed accompanied by
12 required financial reports, and in all instances where
13 re-registration is required, submitted, and allowed, the new
14 re-registration materials must be filed, accompanied by a
15 re-registration fee of $200.
16 (c) If a person or trustee fails to register or maintain
17 registration of a trust or organization as provided in this
18 Section, the person or trustee is subject to injunction, to
19 removal, to account, and to appropriate other relief before a
20 court of competent jurisdiction exercising chancery
21 jurisdiction. In the event of such action, the court shall
22 impose, as an additional surcharge, a civil penalty of not
23 less that $500 nor more than $1,000 against any trustee or
24 other person who fails to register or to maintain a
25 registration required under this Act. The collected penalty
26 shall be used for charitable trust enforcement and for
27 providing charitable trust information to the public.
28 (Source: P.A. 90-469, eff. 8-17-97.)