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92_HB4404
LRB9213688ACsb
1 AN ACT concerning charities.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Solicitation for Charity Act is amended
5 by changing Section 1 as follows:
6 (225 ILCS 460/1) (from Ch. 23, par. 5101)
7 Sec. 1. The following words and phrases as used in this
8 Act shall have the following meanings unless a different
9 meaning is required by the context.
10 (a) "Charitable organization." Any benevolent,
11 philanthropic, patriotic, or eleemosynary person or one
12 purporting to be such which solicits and collects funds for
13 charitable purposes and includes each local, county, or area
14 division within this State of such charitable organization,
15 provided such local, county or area division has authority
16 and discretion to disburse funds or property otherwise than
17 by transfer to any parent organization.
18 (b) "Contribution." The promise or grant of any money or
19 property of any kind or value, including the promise to pay,
20 except payments by union members of an organization.
21 Reference to the dollar amount of "contributions" in this Act
22 means in the case of promises to pay, or payments for
23 merchandise or rights of any other description, the value of
24 the total amount promised to be paid or paid for such
25 merchandise or rights and not merely that portion of the
26 purchase price to be applied to a charitable purpose.
27 Contribution shall not include (1) the proceeds from the sale
28 of admission tickets by any not-for-profit music or dramatic
29 arts organization which establishes, by such proof as the
30 Attorney General may require, that it has received an
31 exemption under Section 501(c)(3) of the Internal Revenue
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1 Code and which is organized and operated for the presentation
2 of live public performances of musical or theatrical works on
3 a regular basis or (2) money or property for which the payor
4 would not be entitled to a deduction for a contribution to an
5 organization qualified under Section 501(c)(3) of the
6 Internal Revenue Code. For purposes of this subsection, union
7 member dues and donated services shall not be deemed
8 contributions.
9 (c) "Person." Any individual, organization, group,
10 association, partnership, corporation, trust or any
11 combination of them.
12 (d) "Professional fund raiser." Any person who for
13 compensation or other consideration, conducts, manages, or
14 carries on any solicitation drive or campaign in this State
15 or from this State or on behalf of a charitable organization
16 residing within this State for the purpose of soliciting
17 contributions for or on behalf of any charitable organization
18 or any other person, or who engages in the business of, or
19 holds himself out to persons in this State as independently
20 engaged in the business of soliciting contributions for such
21 purposes. A bona fide director, officer, employee or unpaid
22 volunteer of a charitable organization shall not be deemed a
23 professional fund raiser unless the person is in a management
24 position and the majority of the individual's salary or other
25 compensation is computed on a percentage basis of funds to be
26 raised, or actually raised.
27 (e) "Professional fund raising consultant." Any person
28 who is retained by a charitable organization or trustee for a
29 fixed fee or rate that is not computed on a percentage of
30 funds to be raised, or actually raised, under a written
31 agreement, to only plan, advise, consult, or prepare
32 materials for a solicitation of contributions in this State,
33 but who does not manage, conduct or carry on a fundraising
34 campaign and who does not solicit contributions or employ,
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1 procure, or engage any compensated person to solicit
2 contributions and who does not at any time have custody or
3 control of contributions. A volunteer, employee or salaried
4 officer of a charitable organization or trustee maintaining a
5 permanent establishment or office in this State is not a
6 professional fundraising consultant. An attorney, investment
7 counselor, or banker who advises an individual, corporation
8 or association to make a charitable contribution is not a
9 professional fundraising consultant as a result of the
10 advice.
11 (f) "Charitable purpose." Any charitable, benevolent,
12 philanthropic, patriotic, or eleemosynary purpose.
13 (g) "Charitable Trust" means any relationship whereby
14 property is held by a person for a charitable purpose.
15 (h) "Education Program Service" means any activity which
16 provides information to the public of a nature that is not
17 commonly known or facts which are not universally regarded as
18 obvious or as established by common understanding and which
19 informs the public of what it can or should do about a
20 particular issue.
21 (i) "Primary Program Service" means the program service
22 upon which an organization spends more than 50% of its
23 program service funds or the program activity which
24 represents the largest expenditure of funds in the fiscal
25 period.
26 (j) "Professional solicitor" means any natural person
27 who is employed or retained for compensation by a
28 professional fund raiser to solicit contributions for
29 charitable purposes from persons in this State or from this
30 State or on behalf of a charitable organization residing
31 within this State.
32 (k) "Program Service Activity" means the actual
33 charitable program activities of a charitable organization
34 for which it expends its resources.
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1 (l) "Program Service Expense" means the expenses of
2 charitable program activity and not management expenses or
3 fund raising expenses. In determining Program Service
4 Expense, management and fund raising expenses may not be
5 included.
6 (m) "Public Safety Personnel Organization" means any
7 person who uses any of the words "officer", "police",
8 "policeman", "policemen", "troopers", "sheriff", "law
9 enforcement", "fireman", "firemen", "paramedic", or similar
10 words in its name or in conjunction with solicitations, or in
11 the title or name of a magazine, newspaper, periodical,
12 advertisement book, or any other medium of electronic or
13 print publication, and is not a governmental entity. No
14 organization may be a Public Safety Personnel Organization
15 unless 80% or more of its voting members or trustees are
16 active, retired, or disabled police officers, peace officers,
17 firemen, fire fighters, emergency medical technicians -
18 ambulance, emergency medical technicians - intermediate,
19 emergency medical technicians - paramedic, ambulance drivers,
20 or other medical assistance or first aid personnel.
21 (m-5) "Public Safety Personnel" includes police
22 officers, peace officers, firemen, fire fighters, emergency
23 medical technicians - ambulance, emergency medical
24 technicians - intermediate, emergency medical technicians -
25 paramedic, ambulance drivers, and other medical assistance or
26 first aid personnel.
27 (n) "Trustee" means any person, individual, group of
28 individuals, association, corporation, not for profit
29 corporation, or other legal entity holding property for or
30 solicited for any charitable purpose; or any officer,
31 director, executive director or other controlling persons of
32 a corporation soliciting or holding property for a charitable
33 purpose.
34 (Source: P.A. 91-301, eff. 7-29-99.)