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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_HB1211
225 ILCS 460/3 from Ch. 23, par. 5103
760 ILCS 55/4 from Ch. 14, par. 54
Amends the Solicitation for Charity Act and the
Charitable Trust Act. Exempts parent-teacher organizations
and other parent-sponsored organizations that are operated
for the purpose of providing support to school-related
activities for students from registering and filing reports
with the Attorney General under the Solicitation for Charity
Act. Also provides that the Charitable Trust Act (and its
registration and reporting requirements) do not apply to such
organizations. Effective immediately.
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1 AN ACT in relation to parent-sponsored school
2 organizations, amending named Acts.
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. (a) Upon initial filing of a registration
9 statement pursuant to Section 2 of this Act and notification
10 by the Attorney General of his determination that the
11 organizational purposes specified in this paragraph for
12 exemption are actual and genuine, the following entities
13 shall be exempt from all the provisions and requirements of
14 this Act, except for the requirements set forth in Section 2
15 of this Act:
16 1. A corporation sole or other religious
17 corporation, trust or organization incorporated or
18 established for religious purposes, nor to any agency or
19 organization incorporated or established for charitable,
20 hospital or educational purposes and engaged in
21 effectuating one or more of such purposes, that is
22 affiliated with, operated by, or supervised or controlled
23 by a corporation sole or other religious corporation,
24 trust or organization incorporated or established for
25 religious purposes, nor to other religious agencies or
26 organizations which serve religion by the preservation of
27 religious rights and freedom from persecution or
28 prejudice or by fostering religion, including the moral
29 and ethical aspects of a particular religious faith.
30 2. Any charitable organization which does not
31 intend to solicit and receive and does not actually
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1 receive contributions in excess of $10,000 during any 12
2 month period ending December 31 of any year, provided all
3 of its fund raising functions are carried on by persons
4 who are unpaid for such services. However, if the gross
5 contributions received by such charitable organization
6 during any 12 month period ending December 31 of any year
7 shall be in excess of $10,000, it shall file reports as
8 required under this Act and the provisions of this Act
9 shall apply.
10 (b) The following persons shall not be required to
11 register with the Attorney General:
12 1. The University of Illinois, Southern Illinois
13 University, Eastern Illinois University, Illinois State
14 Normal University, Northern Illinois University, Western
15 Illinois University, all educational institutions that
16 are recognized by the State Board of Education or that
17 are accredited by a regional accrediting association or
18 by an organization affiliated with the National
19 Commission on Accrediting, any foundation having an
20 established identity with any of the aforementioned
21 educational institutions, any other educational
22 institution confining its solicitation of contributions
23 to its student body, alumni, faculty and trustees, and
24 their families, or a library established under the laws
25 of this State, provided that the annual financial report
26 of such institution or library shall be filed with the
27 State Board of Education, Governor, Illinois State
28 Library, County Library Board or County Board, as
29 provided by law.
30 2. Fraternal, patriotic, social, educational,
31 alumni organizations and historical societies when
32 solicitation of contributions is confined to their
33 membership. This exemption shall be extended to any
34 subsidiary of a parent or superior organization exempted
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1 by Sub-paragraph 2 of Paragraph (b) of Section 3 of this
2 Act where such solicitation is confined to the membership
3 of the subsidiary, parent or superior organization.
4 3. Persons requesting any contributions for the
5 relief or benefit of any individual, specified by name at
6 the time of the solicitation, if the contributions
7 collected are turned over to the named beneficiary, first
8 deducting reasonable expenses for costs of banquets, or
9 social gatherings, if any, provided all fund raising
10 functions are carried on by persons who are unpaid,
11 directly or indirectly, for such services.
12 4. Any bona fide union, bona fide political
13 organization or bona fide political action committee,
14 which does not solicit funds for a charitable purpose.
15 5. Any charitable organization receiving an
16 allocation from an incorporated community chest or united
17 fund, provided such chest or fund is complying with the
18 provisions of this Act relating to registration and
19 filing of annual reports with the Attorney General, and
20 provided such organization does not actually receive, in
21 addition to such allocation, contributions in excess of
22 $4,000 during any 12 month period ending June 30th of any
23 year, and provided further that all the fund raising
24 functions of such organization are carried on by persons
25 who are unpaid for such services. However, if the gross
26 contributions other than such allocation received by such
27 charitable organization during any 12 month period ending
28 June 30th of any year shall be in excess of $4,000, it
29 shall within 30 days after the date it shall have
30 received such contributions in excess of $4,000 register
31 with the Attorney General as required by Section 2.
32 6. A bona fide organization of volunteer firemen,
33 or a bona fide auxiliary or affiliate of such
34 organization, provided all its fund raising activities
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1 are carried on by members of such an organization or an
2 affiliate thereof and such members receive no
3 compensation, directly or indirectly, therefor.
4 7. Any charitable organization operating a nursery
5 for infants awaiting adoption providing that all its fund
6 raising activities are carried on by members of such an
7 organization or an affiliate thereof and such members
8 receive no compensation, directly or indirectly therefor.
9 8. Any corporation established by the Federal
10 Congress that is required by federal law to submit annual
11 reports of its activities to Congress containing itemized
12 accounts of all receipts and expenditures after being
13 duly audited.
14 9. Any boys' club which is affiliated with the Boys'
15 Club of America, a corporation chartered by Congress;
16 provided, however, that such an affiliate properly files the
17 reports required by the Boys' Club of America and that the
18 Boys' Club of America files with the Government of the United
19 States the reports required by its federal charter.
20 10. Any veterans organization chartered or incorporated
21 under federal law and any veterans organization which is
22 affiliated with, and recognized in the bylaws of, a
23 congressionally chartered or incorporated veterans
24 organization; provided, however, that the affiliate properly
25 files the reports required by the congressionally chartered
26 or incorporated veterans organization, that the
27 congressionally chartered or incorporated veterans
28 organization files with the government of the United States
29 the reports required by its federal charter, and that copies
30 of such federally required reports are filed with the
31 Attorney General.
32 11. Any parent-teacher organization or other
33 parent-sponsored organization that is operated for the
34 purpose of providing support to school-related activities for
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1 students.
2 (Source: P.A. 87-755.)
3 Section 10. The Charitable Trust Act is amended by
4 changing Section 4 as follows:
5 (760 ILCS 55/4) (from Ch. 14, par. 54)
6 Sec. 4. (a) This Act does not apply to the United
7 States, any State, territory or possession of the United
8 States, the District of Columbia, the Commonwealth of Puerto
9 Rico, or to any of their agencies or to any governmental
10 subdivision; or to parent-teacher organizations or other
11 parent-sponsored organizations that are operated for the
12 purpose of providing support to school-related activities for
13 students; or to a corporation sole, or other religious
14 corporation, trust or organization which holds property for
15 religious, charitable, hospital or educational purposes or
16 for the purpose of operating cemeteries or a home or homes
17 for the aged; nor to any agency or organization, incorporated
18 or unincorporated, affiliated with and directly supervised by
19 such a religious corporation or organization; or to an
20 officer, director or trustee of any such religious
21 corporation, trust or organization who holds property in his
22 official capacity for like purposes; or to a charitable
23 organization foundation, trust or corporation organized for
24 the purpose of and engaged in the operation of schools or
25 hospitals.
26 (b) As an alternative means of satisfying the duties and
27 obligations otherwise imposed by this Act, any veterans
28 organization chartered or incorporated under federal law and
29 any veterans organization which is affiliated with and
30 recognized in the bylaws of a congressionally chartered or
31 incorporated veterans organization may register with the
32 Attorney General as provided in Section 5 of this Act and
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1 comply with the filing requirements set forth in subsection
2 (d) of Section 4 of the Solicitation for Charity Act.
3 (c) Any person who would be subject to the provisions of
4 Section 2 of this Act solely by virtue of acting as agent in
5 receiving, collecting, holding or transporting used or second
6 hand personal property for a charitable organization, a
7 veterans organization or an affiliate as described in
8 subsection (b) shall be relieved of all duties and
9 obligations otherwise imposed by this Act upon filing with
10 the Attorney General the documents required under subsection
11 (e) of Section 4 of the Solicitation for Charity Act.
12 (Source: P.A. 87-755.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.