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| [ Senate Amendment 003 ] |
90_HB0887sam001
LRB9003842DPcwam01
1 AMENDMENT TO HOUSE BILL 887
2 AMENDMENT NO. . Amend House Bill 887 by replacing
3 the title with the following:
4 "AN ACT relating to charitable organizations and
5 activities, amending named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Solicitation for Charity Act is amended
9 by changing Sections 2, 4, 6, and 23 as follows:
10 (225 ILCS 460/2) (from Ch. 23, par. 5102)
11 Sec. 2. Registration; rules; penalties.
12 (a) Every charitable organization, except as otherwise
13 provided in Section 3 of this Act, which solicits or intends
14 to solicit contributions from persons in this State or which
15 is located in this State, by any means whatsoever shall,
16 prior to any solicitation, file with the Attorney General
17 upon forms prescribed by him, a registration statement,
18 accompanied by a registration fee of $15, which statement
19 shall include the following certified information:
20 1. The name of the organization and the name or
21 names under which it intends to solicit contributions.
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1 2. The names and addresses of the officers,
2 directors, trustees, and chief executive officer of the
3 organization.
4 3. The addresses of the organization and the
5 addresses of any offices in this State. If the
6 organization does not maintain a principal office, the
7 name and address of the person having custody of its
8 financial records.
9 4. Where and when the organization was legally
10 established, the form of its organization and its tax
11 exempt status.
12 5. The purpose for which the organization is
13 organized and the purpose or purposes for which the
14 contributions to be solicited will be used.
15 6. The date on which the fiscal year of the
16 organization ends.
17 7. Whether the organization is authorized by any
18 other governmental authority to solicit contributions and
19 whether it is or has ever been enjoined by any court from
20 soliciting contributions.
21 8. The names and addresses of any professional fund
22 raisers who are acting or have agreed to act on behalf of
23 the organization.
24 9. Methods by which solicitation will be made.
25 10. Copies of contracts between charitable
26 organizations and professional fund raisers relating to
27 financial compensation or profit to be derived by the
28 professional fund raisers. Where any such contract is
29 executed after filing of registration statement, a copy
30 thereof shall be filed within 10 days of the date of
31 execution.
32 11. Board, group, or individual having final
33 discretion as to the distribution and use of
34 contributions received.
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1 (b) The registration statement shall be signed by the
2 president or other authorized officer and the chief fiscal
3 officer of the organization.
4 (c) Such registration shall remain in effect unless it
5 is either cancelled as provided in this Act or withdrawn by
6 the organization.
7 (d) Every registered organization shall notify the
8 Attorney General within 10 days of any change in the
9 information required to be furnished by such organization
10 under paragraphs 1 through 11 of subdivision (a) of this
11 Section.
12 (e) In no event shall a registration of a charitable
13 organization continue, or be continued, in effect after the
14 date such organization should have filed, but failed to file,
15 an annual report in accordance with the requirements of
16 Section 4 of this Act, and such organization shall not be
17 eligible to file a new registration until it shall have filed
18 the required annual report with the Attorney General. If such
19 report is subsequently filed and accepted by the Attorney
20 General such organization may file a new registration. If a
21 person, trustee, or organization fails to timely register or
22 maintain a registration of a trust or organization as
23 required by this Act or if its registration is cancelled as
24 provided in this Act, and if that trust or organization
25 remains in existence and by law is required to be registered,
26 in order to re-register or file a late registration a current
27 registration statement must be filed accompanied by financial
28 reports in the form required herein for all past years. In
29 all instances where re-registration and late registration are
30 allowed, the new registration materials must be filed,
31 accompanied by a penalty registration fee of $200.
32 (f) Subject to reasonable rules and regulations adopted
33 by the Attorney General, the register, registration
34 statements, annual reports, financial statements,
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1 professional fund raisers' contracts, bonds, applications for
2 registration and re-registration, and other documents
3 required to be filed with the Attorney General shall be open
4 to public inspection.
5 Every person subject to this Act shall maintain accurate
6 and detailed books and records at the principal office of the
7 organization to provide the information required herein. All
8 such books and records shall be open to inspection at all
9 reasonable times by the Attorney General or his duly
10 authorized representative.
11 (g) Where any local, county or area division of a
12 charitable organization is supervised and controlled by a
13 superior or parent organization, incorporated, qualified to
14 do business, or doing business within this State, such local,
15 county or area division shall not be required to register
16 under this Section if the superior or parent organization
17 files a registration statement on behalf of the local, county
18 or area division in addition to or as part of its own
19 registration statement. Where a registration statement has
20 been filed by a superior or parent organization as provided
21 in Section 2(g) of this Act, it shall file the annual report
22 required under Section 4 of this Act on behalf of the local,
23 county or area division in addition to or as part of its own
24 report, but the accounting information required under Section
25 4 of this Act shall be set forth separately and not in
26 consolidated form with respect to every local, county or area
27 division which raises or expends more than $4,000.
28 (h) The Attorney General may make rules of procedure and
29 regulations necessary for the administration of this Act.
30 Copies of all such rules of procedure and regulations and of
31 all changes therein, duly certified by the Attorney General,
32 shall be filed in the office of the Secretary of State.
33 (i) If a person, organization, or trustee fails to
34 register or if registration of a trust or organization is
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1 cancelled as provided in this Act, the person, organization
2 or trustee is subject to injunction, to removal, to account,
3 and to appropriate other relief before the circuit court
4 exercising chancery jurisdiction. In addition to any other
5 relief granted under this Act, the court may shall impose a
6 civil penalty of not less than $500 nor more than $1,000
7 against the organization or trust estate that failed each and
8 every trustee, organization, and person who fails to register
9 or failed who fails to maintain a registration required under
10 this Act. The collected penalty funds shall be used for
11 charitable trust enforcement and for providing charitable
12 trust information to the public.
13 (Source: P.A. 90-469, eff. 8-17-97.)
14 (225 ILCS 460/4) (from Ch. 23, par. 5104)
15 Sec. 4. (a) Every charitable organization registered
16 pursuant to Section 2 of this Act which shall receive in any
17 12 month period ending upon its established fiscal or
18 calendar year contributions in excess of $150,000 and every
19 charitable organization whose fund raising functions are not
20 carried on solely by staff employees or persons who are
21 unpaid for such services, if the organization shall receive
22 in any 12 month period ending upon its established fiscal or
23 calendar year contributions in excess of $25,000, shall file
24 a written report with the Attorney General upon forms
25 prescribed by him, on or before June 30 of each year if its
26 books are kept on a calendar basis, or within 6 months after
27 the close of its fiscal year if its books are kept on a
28 fiscal year basis, which written report shall include a
29 financial statement covering the immediately preceding 12
30 month period of operation. Such financial statement shall
31 include a balance sheet and statement of income and expense,
32 and shall be consistent with forms furnished by the Attorney
33 General clearly setting forth the following: gross receipts
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1 and gross income from all sources, broken down into total
2 receipts and income from each separate solicitation project
3 or source; cost of administration; cost of solicitation; cost
4 of programs designed to inform or educate the public; funds
5 or properties transferred out of this State, with explanation
6 as to recipient and purpose; cost of fundraising;
7 compensation paid to trustees; and total net amount disbursed
8 or dedicated for each major purpose, charitable or otherwise.
9 Such report shall also include a statement of any changes in
10 the information required to be contained in the registration
11 form filed on behalf of such organization. The report shall
12 be signed by the president or other authorized officer and
13 the chief fiscal officer of the organization who shall
14 certify that the statements therein are true and correct to
15 the best of their knowledge, and shall be accompanied by an
16 opinion signed by an independent certified public accountant
17 that the financial statement therein fairly represents the
18 financial operations of the organization in sufficient detail
19 to permit public evaluation of its operations. Said opinion
20 may be relied upon by the Attorney General.
21 (b) Every organization registered pursuant to Section 2
22 of this Act which shall receive in any 12 month period ending
23 upon its established fiscal or calendar year of any year
24 contributions:
25 (1) in excess of $15,000, but not in excess of
26 $25,000 during a fiscal year, shall file only a
27 simplified summary financial statement disclosing only
28 the gross receipts, total disbursements, and assets on
29 hand at the end of the year on forms prescribed by the
30 Attorney General; or
31 (2) in excess of $25,000, but not in excess of
32 $150,000, if it is not required to submit a report under
33 subsection (a) of this Section, shall file a written
34 report with the Attorney General upon forms prescribed by
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1 him, on or before June 30 of each year if its books are
2 kept on a calendar basis, or within 6 months after the
3 close of its fiscal year if its books are kept on a
4 fiscal year basis, which shall include a financial
5 statement covering the immediately preceding 12-month
6 period of operation limited to a statement of such
7 organization's gross receipts from contributions, the
8 gross amount expended for charitable educational
9 programs, other charitable programs, management expense,
10 and fund raising expenses including a separate statement
11 of the cost of any goods, services or admissions supplied
12 as part of its solicitations, and the disposition of the
13 net proceeds from contributions, including compensation
14 paid to trustees, consistent with forms furnished by the
15 Attorney General. Such report shall also include a
16 statement of any changes in the information required to
17 be contained in the registration form filed on behalf of
18 such organization. The report shall be signed by the
19 president or other authorized officer and the chief
20 fiscal officer of the organization who shall certify that
21 the statements therein are true and correct to the best
22 of their knowledge.
23 (c) For any fiscal or calendar year of any organization
24 registered pursuant to Section 2 of this Act in which such
25 organization would have been exempt from registration
26 pursuant to Section 3 of this Act if it had not been so
27 registered, or in which it did not solicit or receive
28 contributions, such organization shall file, on or before
29 June 30 of each year if its books are kept on a calendar
30 basis, or within 6 months after the close of its fiscal year
31 if its books are kept on a fiscal year basis, instead of the
32 reports required by subdivisions (a) or (b) of this Section,
33 a statement certified under penalty of perjury by its
34 president and chief fiscal officer stating the exemption and
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1 the facts upon which it is based or that such organization
2 did not solicit or receive contributions in such fiscal year.
3 The statement shall also include a statement of any changes
4 in the information required to be contained in the
5 registration form filed on behalf of such organization.
6 (d) As an alternative means of satisfying the duties and
7 obligations otherwise imposed by this Section, any veterans
8 organization chartered or incorporated under federal law and
9 any veterans organization which is affiliated with, and
10 recognized in the bylaws of, a congressionally chartered or
11 incorporated organization may, at its option, annually file
12 with the Attorney General the following documents:
13 (1) A copy of its Form 990, as filed with the
14 Internal Revenue Service.
15 (2) Copies of any reports required to be filed by
16 the affiliate with the congressionally chartered or
17 incorporated veterans organization, as well as copies of
18 any reports filed by the congressionally chartered or
19 incorporated veterans organization with the government of
20 the United States pursuant to federal law.
21 (3) Copies of all contracts entered into by the
22 congressionally chartered or incorporated veterans
23 organization or its affiliate for purposes of raising
24 funds in this State, such copies to be filed with the
25 Attorney General no more than 30 days after execution of
26 the contracts.
27 (e) As an alternative means of satisfying all of the
28 duties and obligations otherwise imposed by this Section, any
29 person, pursuant to a contract with a charitable
30 organization, a veterans organization or an affiliate
31 described or referred to in subsection (d), who receives,
32 collects, holds or transports as the agent of the
33 organization or affiliate for purposes of resale any used or
34 second hand personal property, including but not limited to
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1 household goods, furniture or clothing donated to the
2 organization or affiliate may, at its option, annually file
3 with the Attorney General the following documents,
4 accompanied by an annual filing fee of $15:
5 (1) A notarized report including the number of
6 donations of personal property it has received on behalf
7 of the charitable organization, veterans organization or
8 affiliate during the proceeding year. For purposes of
9 this report, the number of donations of personal property
10 shall refer to the number of stops or pickups made
11 regardless of the number of items received at each stop
12 or pickup. The report may cover the person's fiscal
13 year, in which case it shall be filed with the Attorney
14 General no later than 90 days after the close of that
15 fiscal year.
16 (2) All contracts with the charitable organization,
17 veterans organization or affiliate under which the person
18 has acted as an agent for the purposes listed above.
19 (3) All contracts by which the person agreed to pay
20 the charitable organization, veterans organization or
21 affiliate a fixed amount for, or a fixed percentage of
22 the value of, each donation of used or second hand
23 personal property. Copies of all such contracts shall be
24 filed no later than 30 days after they are executed.
25 (f) The Attorney General may seek appropriate equitable
26 relief from a court or, in his discretion, cancel the
27 registration of any organization which fails to comply with
28 subdivision (a), (b) or (c) of this Section within the time
29 therein prescribed, or fails to furnish such additional
30 information as is requested by the Attorney General within
31 the required time; except that the time may be extended by
32 the Attorney General for a period not to exceed 60 days upon
33 a timely written request and for good cause stated. Unless
34 otherwise stated herein, the Attorney General shall, by rule,
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1 set forth the standards used to determine whether a
2 registration shall be cancelled as authorized by this
3 subsection. Such standards shall be stated as precisely and
4 clearly as practicable, to inform fully those persons
5 affected. Notice of such cancellation shall be mailed to the
6 registrant at least 15 days before the effective date
7 thereof.
8 (g) The Attorney General in his discretion may, pursuant
9 to rule, accept executed copies of federal Internal Revenue
10 returns and reports as a portion of the foregoing annual
11 reporting in the interest of minimizing paperwork, except
12 there shall be no substitute for the independent certified
13 public accountant audit opinion required by this Act.
14 (h) The Attorney General after canceling the
15 registration of any trust or organization which fails to
16 comply with this Section within the time therein prescribed
17 may by court proceedings, in addition to all other relief,
18 seek to collect the assets and distribute such under court
19 supervision to other charitable purposes.
20 (i) Every trustee, person, and organization required to
21 file an annual report shall pay a filing fee of $15 with each
22 annual financial report filed pursuant to this Section. If a
23 proper and complete annual report is not timely filed, a late
24 filing fee of an additional $100 is imposed and shall be paid
25 as a condition of filing a late report. Reports submitted
26 without the proper fee shall not be accepted for filing.
27 Payment of the late filing fee and acceptance by the Attorney
28 General shall both be conditions of filing a late report.
29 All late filing fees shall be used to provide charitable
30 trust enforcement and dissemination of charitable trust
31 information to the public and shall be maintained in a
32 separate fund for such purpose known as the Illinois Charity
33 Bureau Fund.
34 (j) There is created hereby a separate special fund in
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1 the State Treasury to be known as the Illinois Charity Bureau
2 Fund. That Fund shall be under the control of the Attorney
3 General, and the funds, fees, and penalties deposited therein
4 shall be used by the Attorney General to enforce the
5 provisions of this Act and to gather and disseminate
6 information about charitable trustees and organizations to
7 the public.
8 (Source: P.A. 89-626, eff. 8-9-96; 90-469, eff. 8-17-97.)
9 (225 ILCS 460/6) (from Ch. 23, par. 5106)
10 Sec. 6. Professional fund raiser registration.
11 (a) No person shall act as a professional fund raiser or
12 allow a professional fund raiser entity he owns, manages or
13 controls to act for a charitable organization required to
14 register pursuant to Section 2 of this Act, or for any
15 organization as described in Section 3 of this Act before he
16 has registered himself or the entity with the Attorney
17 General or after the expiration or cancellation of such
18 registration or any renewal thereof. Applications for
19 registration and re-registration shall be in writing, under
20 oath, in the form prescribed by the Attorney General. A
21 registration fee of $100 shall be paid with each registration
22 and upon each re-registration. Registration and
23 re-registration can proceed only if all financial reports
24 have been filed in proper form and all fees have been paid in
25 full. If the applicant intends to or does take control or
26 possession of charitable funds, the applicant shall at the
27 time of making application, file with, and have approved by,
28 the Attorney General a bond in which the applicant shall be
29 the principal obligor, in the sum of $10,000, with one or
30 more corporate sureties licensed to do business in this State
31 whose liability in the aggregate will at least equal such
32 sum. The bond shall run to the Attorney General for the use
33 of the State and to any person who may have a cause of action
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1 against the obligor of the bond for any malfeasance or
2 misfeasance in the conduct of such solicitation; provided,
3 that the aggregate limit of liability of the surety to the
4 State and to all such persons shall, in no event, exceed the
5 sum of such bond. Registration or re-registration when
6 effected shall be for a period of one year, or a part
7 thereof, expiring on the 30th day of June, and may be renewed
8 upon written application, under oath, in the form prescribed
9 by the Attorney General and the filing of the bond for
10 additional one year periods. Every professional fund raiser
11 required to register pursuant to this Act shall file an
12 annual written report with the Attorney General containing
13 such information as he may require by rule. Certification
14 shall be required for only information within the
15 professional fund raiser's knowledge.
16 (b) Upon filing a complete registration statement, a
17 professional fund raiser shall be given a registration number
18 and shall be considered registered. If the materials
19 submitted are determined to be inaccurate or incomplete, the
20 Attorney General shall notify the professional fund raiser of
21 his findings and the defect and that within 30 days his
22 registration will be cancelled unless the defect is cured
23 within said time.
24 (c) Every professional fund raiser registered under this
25 Act who takes possession or control of charitable funds
26 directly, indirectly, or through an escrow shall submit a
27 full written accounting to the charitable organization of all
28 funds it or its agents collected on behalf of the charitable
29 organization during the 6 month period ended June 30 of each
30 year, and file a copy of the accounting with the Attorney
31 General. The accounting shall be in writing under oath and
32 be signed and made on forms as prescribed by the Attorney
33 General and shall be filed by the following September 30 of
34 each year; however, within the time prescribed, and for good
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1 cause, the Attorney General may grant a 60 day extension of
2 the due date.
3 (d) Every professional fund raiser registered pursuant
4 to this Act shall also file calendar year written financial
5 reports with the Attorney General containing such information
6 as he may require, on forms prescribed by him, as well as
7 separate financial reports for each separate fund raising
8 campaign conducted. The written report shall be filed under
9 oath on or before April 30 of the following calendar year and
10 be signed and verified under penalty of perjury within the
11 time prescribed. An annual report fee of $25 shall be paid to
12 the Attorney General with the filing of that report. If the
13 report is not timely filed, a late filing fee shall result
14 and must be paid prior to re-registration. The late filing
15 fee shall be calculated at $200 for each and every separate
16 fundraising campaign conducted during the report year. For
17 good cause, the Attorney General may grant a 30 day extension
18 of the due date, in which case a late filing fee shall not be
19 imposed until the expiration of the extension period. A copy
20 of the report shall also be given to the charitable
21 organization by the due date of filing. A professional fund
22 raiser shall only be required to verify information actually
23 available to the professional fund raiser, but in any event
24 an annual report must be timely filed.
25 (e) No person convicted of a felony may register as a
26 professional fund raiser, and no person convicted of a
27 misdemeanor involving fiscal wrongdoing, breach of fiduciary
28 duty or a violation of this Act may register as a
29 professional fund raiser for a period of 5 years from the
30 date of the conviction or the date of termination of the
31 sentence or probation, if any, whichever is later. This
32 subsection shall not apply to charitable organizations that
33 have as their primary purpose the rehabilitation of criminal
34 offenders, the reintegration of criminal offenders into
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1 society, the improvement of the criminal justice system or
2 the improvement of conditions within penal institutions.
3 (f) A professional fund raiser may not cause or allow
4 independent contractors to act on its behalf in soliciting
5 charitable contributions other than registered professional
6 solicitors. A professional fund raiser must maintain the
7 names, addresses and social security numbers of all of its
8 professional solicitors for a period of at least 2 years.
9 (g) Any person who knowingly violates the provisions of
10 subsection subsections (a), (e) and (f) of this Section is
11 guilty of a Class 4 felony. Any person who fails after being
12 given notice of delinquency to file written financial reports
13 required by subsections (c) and (d) of this Section which is
14 more than 2 months past its due date is guilty of a Class A
15 misdemeanor.
16 (h) Any person who violates any of the provisions of
17 this Section shall be subject to civil penalties of $5,000
18 for each violation and shall not be entitled to keep or
19 receive fees, salaries, commissions or any compensation as a
20 result or on account of the solicitations or fund raising
21 campaigns, and at the request of the Attorney General or the
22 charitable organization, a court may order that such be
23 forfeited and paid toward and used for a charitable purpose
24 as the court in its discretion determines is appropriate or
25 placed in the Illinois Charity Bureau Fund.
26 (Source: P.A. 90-469, eff. 8-17-97.)
27 (225 ILCS 460/23)
28 Sec. 23. Charitable Advisory Council. As a part of
29 charitable trust enforcement and public disclosure, a task
30 force composed of citizens chosen by the Attorney General to
31 be known as the Attorney General's Charitable Advisory
32 Council shall be and is hereby formed for a 3-year period.
33 This Advisory Council shall study issues of charitable
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1 giving, volunteerism, and fundraising in this State and
2 specifically shall evaluate and study the concept of
3 establishing a peer review rating system of the financial
4 reports and operations of charitable trusts and organizations
5 registered in Illinois. The ratings should seek to evaluate
6 the performance of those organizations in terms of program
7 services delivered for each dollar spent. The purpose of the
8 ratings of a charity's performance is to provide those
9 performance ratings to the donating public. The Advisory
10 Council shall consider and report as to the feasibility of
11 rating all charitable organizations registered or of
12 establishing a system of rating only those seeking to be
13 rated and allowing those rated to represent the rating during
14 solicitations. The Advisory Council members shall serve
15 without compensation, and the expenses of the Council may be
16 paid for out of the Illinois Charity Bureau Fund in an amount
17 not to exceed $10,000 per year and in the discretion of the
18 Attorney General.
19 (Source: P.A. 90-469, eff. 8-17-97.)
20 Section 10. The Charitable Trust Act is amended by
21 changing Sections 5 and 7 as follows:
22 (760 ILCS 55/5) (from Ch. 14, par. 55)
23 Sec. 5. Registration requirement.
24 (a) The Attorney General shall establish and maintain a
25 register of trustees subject to this Act and of the
26 particular trust or other relationship under which they hold
27 property for charitable purposes and, to that end, shall
28 conduct whatever investigation is necessary, and shall obtain
29 from public records, court officers, taxing authorities,
30 trustees and other sources, copies of instruments, reports
31 and records and whatever information is needed for the
32 establishment and maintenance of the register.
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1 (b) A registration statement shall be signed and
2 verified under penalty of perjury by 2 officers of a
3 corporate charitable organization or by 2 trustees if not a
4 corporate organization. One signature will be accepted if
5 there is only one officer or one trustee. A registration fee
6 of $15 shall be paid with each initial registration. If a
7 person, trustee or organization fails to maintain a
8 registration of a trust or organization as required by this
9 Act, and its registration is cancelled as provided in this
10 Act, and if that trust or organization remains in existence
11 and by law is required to be registered, in order to
12 re-register, a new registration must be filed accompanied by
13 required financial reports, and in all instances where
14 re-registration is required, submitted, and allowed, the new
15 re-registration materials must be filed, accompanied by a
16 re-registration fee of $200.
17 (c) If a person or trustee fails to register or maintain
18 registration of a trust or organization or fails to file
19 reports as provided in this Act Section, the person or
20 trustee is subject to injunction, to removal, to account, and
21 to appropriate other relief before a court of competent
22 jurisdiction exercising chancery jurisdiction. In the event
23 of such action, the court may shall impose, as an additional
24 surcharge, a civil penalty of not less that $500 nor more
25 than $1,000 against the organization or trust estate that
26 failed any trustee or other person who fails to register or
27 to maintain a registration required under this Act. The
28 collected penalty shall be used for charitable trust
29 enforcement and for providing charitable trust information to
30 the public.
31 (Source: P.A. 90-469, eff. 8-17-97.)
32 (760 ILCS 55/7) (from Ch. 14, par. 57)
33 Sec. 7. (a) Except as otherwise provided, every trustee
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1 subject to this Act shall, in addition to filing copies of
2 the instruments previously required, file with the Attorney
3 General periodic annual written reports under oath, setting
4 forth information as to the nature of the assets held for
5 charitable purposes and the administration thereof by the
6 trustee, in accordance with rules and regulations of the
7 Attorney General.
8 (b) The Attorney General shall make rules and
9 regulations as to the time for filing reports, the contents
10 thereof, and the manner of executing and filing them. He may
11 classify trusts and other relationships concerning property
12 held for a charitable purpose as to purpose, nature of
13 assets, duration of the trust or other relationship, amount
14 of assets, amounts to be devoted to charitable purposes,
15 nature of trustee, or otherwise, and may establish different
16 rules for the different classes as to time and nature of the
17 reports required to the ends (1) that he shall receive
18 reasonably current, annual reports as to all charitable
19 trusts or other relationships of a similar nature, which will
20 enable him to ascertain whether they are being properly
21 administered, and (2) that periodic reports shall not
22 unreasonably add to the expense of the administration of
23 charitable trusts and similar relationships. The Attorney
24 General may suspend the filing of reports as to a particular
25 charitable trust or relationship for a reasonable,
26 specifically designated time upon written application of the
27 trustee filed with the Attorney General and after the
28 Attorney General has filed in the register of charitable
29 trusts a written statement that the interests of the
30 beneficiaries will not be prejudiced thereby and that
31 periodic reports are not required for proper supervision by
32 his office.
33 (c) A copy of an account filed by the trustee in any
34 court having jurisdiction of the trust or other relationship,
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1 if the account has been approved by the court in which it was
2 filed and notice given to the Attorney General as an
3 interested party, may be filed as a report required by this
4 Section.
5 (d) The first report for a trust or similar relationship
6 hereafter established, unless the filing thereof is suspended
7 as herein provided, shall be filed not later than one year
8 after any part of the income or principal is authorized or
9 required to be applied to a charitable purpose. If any part
10 of the income or principal of a trust previously established
11 is authorized or required to be applied to a charitable
12 purpose at the time this Act takes effect, the first report,
13 unless the filing thereof is suspended, shall be filed within
14 6 months after the effective date of this Act. In addition,
15 every trustee registered hereunder that received more than
16 $25,000 $15,000 in revenue during a trust fiscal year or has
17 possession of more than $25,000 $15,000 of assets at any time
18 during a fiscal year shall file an annual financial report
19 within 6 months of the close of the trust's or organization's
20 fiscal year, and if a calendar year the report shall be due
21 on each June 30 of the following year. Every trustee
22 registered hereunder that did not receive more than $25,000
23 $15,000 in revenue or hold more than $25,000 $15,000 in
24 assets during a fiscal year shall file only a simplified
25 summary financial statement disclosing only the gross
26 receipts, total disbursements, and assets on hand at the end
27 of the year, on forms prescribed by the Attorney General.
28 (e) The periodic reporting provisions of this Act do not
29 apply to any trustee of a trust which is the subject matter
30 of an adversary proceeding pending in the circuit court in
31 this State. However, upon commencement of the proceeding the
32 trustee shall file a report with the Attorney General
33 informing him of that fact together with the title and number
34 of the cause and the name of the court. Upon entry of final
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1 judgment in the cause the trustee shall in like manner report
2 that fact to the Attorney General and fully account for all
3 periods of suspension.
4 (f) The Attorney General in his discretion may, pursuant
5 to rules and regulations promulgated by the Attorney General,
6 accept executed copies of federal Internal Revenue returns
7 and reports as a portion of the annual reporting. The report
8 shall include a statement of any changes in purpose or any
9 other information required to be contained in the
10 registration form filed on behalf of the organization. The
11 report shall be signed under penalty of perjury by the
12 president and the chief fiscal officer of any corporate
13 organization or by 2 trustees if not a corporation. One
14 signature shall be accepted if there is only one officer or
15 trustee.
16 (g) The Attorney General shall cancel the registration
17 of any trust or organization that wilfully fails to comply
18 with subsections (a), (b), (c) or (d) of this Section within
19 the time prescribed, and the assets of the organization may
20 through court proceedings be collected, debts paid and
21 proceeds distributed under court supervision to other
22 charitable purposes upon an action filed by the Attorney
23 General as law and equity allow. Upon timely written
24 request, the due date for filing may be extended by the
25 Attorney General for a period of 60 days. Notice of
26 registration cancellation shall be mailed by regular mail to
27 the registrant at the registration file address or to its
28 registered agent or president 21 days before the effective
29 date of the cancellation. Reports submitted after
30 registration is canceled shall require reregistration.
31 (h) Every trustee registered hereunder that received in
32 any fiscal year more than $15,000 in revenue or held more
33 than $15,000 in assets shall pay a fee of $15 along with each
34 annual financial report filed pursuant to this Act. If an
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1 annual report is not timely filed, a late filing fee of an
2 additional $100 is imposed and shall be paid as a condition
3 of filing a late report. Reports submitted without the
4 proper fee shall not be accepted for filing.
5 (Source: P.A. 90-469, eff. 8-17-97.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.".