[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 003 ] |
90_HB0887sam002
LRB9003842DPsbam
1 AMENDMENT TO HOUSE BILL 887
2 AMENDMENT NO. . Amend House Bill 887, AS AMENDED,
3 with reference to the page and line numbers of Senate
4 Amendment No. 1, on page 1, in line 9, after "2,", by
5 inserting "3,"; and
6 on page 5, immediately below line 13, by inserting the
7 following:
8 "(225 ILCS 460/3) (from Ch. 23, par. 5103)
9 Sec. 3. Exemptions.
10 (a) Upon initial filing of a registration statement
11 pursuant to Section 2 of this Act and notification by the
12 Attorney General of his determination that the organizational
13 purposes or circumstances specified in this paragraph for
14 exemption are actual and genuine, the following entities
15 shall be exempt from all the report filing provisions of this
16 Act, except for the requirements set forth in Section 2 of
17 this Act:
18 1. A corporation sole or other religious
19 corporation, trust or organization incorporated or
20 established for religious purposes, nor to any agency or
21 organization incorporated or established for charitable,
22 hospital or educational purposes and engaged in
-2- LRB9003842DPsbam
1 effectuating one or more of such purposes, that is
2 affiliated with, operated by, or supervised or controlled
3 by a corporation sole or other religious corporation,
4 trust or organization incorporated or established for
5 religious purposes, nor to other religious agencies or
6 organizations which serve religion by the preservation of
7 religious rights and freedom from persecution or
8 prejudice or by fostering religion, including the moral
9 and ethical aspects of a particular religious faith.
10 2. Any charitable organization which does not
11 intend to solicit and receive and does not actually
12 receive contributions in excess of $15,000 during any 12
13 month period ending December 31 of any year. However, if
14 the gross contributions received by such charitable
15 organization during any 12 month period ending December
16 31 of any year shall be in excess of $15,000, it shall
17 file reports as required under this Act and the
18 provisions of this Act shall apply.
19 (b) The following persons shall not be required to
20 register with the Attorney General:
21 1. The University of Illinois, Southern Illinois
22 University, Eastern Illinois University, Illinois State
23 Normal University, Northern Illinois University, Western
24 Illinois University, all educational institutions that
25 are recognized by the State Board of Education or that
26 are accredited by a regional accrediting association or
27 by an organization affiliated with the National
28 Commission on Accrediting, any foundation having an
29 established identity with any of the aforementioned
30 educational institutions, any other educational
31 institution confining its solicitation of contributions
32 to its student body, alumni, faculty and trustees, and
33 their families, or a library established under the laws
34 of this State, provided that the annual financial report
-3- LRB9003842DPsbam
1 of such institution or library shall be filed with the
2 State Board of Education, Governor, Illinois State
3 Library, County Library Board or County Board, as
4 provided by law.
5 2. Fraternal, patriotic, social, educational,
6 alumni organizations and historical societies when
7 solicitation of contributions is confined to their
8 membership. This exemption shall be extended to any
9 subsidiary of a parent or superior organization exempted
10 by Sub-paragraph 2 of Paragraph (b) of Section 3 of this
11 Act where such solicitation is confined to the membership
12 of the subsidiary, parent or superior organization.
13 3. Persons requesting any contributions for the
14 relief or benefit of any individual, specified by name at
15 the time of the solicitation, if the contributions
16 collected are turned over to the named beneficiary, first
17 deducting reasonable expenses for costs of banquets, or
18 social gatherings, if any, provided all fund raising
19 functions are carried on by persons who are unpaid,
20 directly or indirectly, for such services.
21 4. Any bona fide union, bona fide political
22 organization or bona fide political action committee,
23 which does not solicit funds for a charitable purpose.
24 5. Any charitable organization receiving an
25 allocation from an incorporated community chest or united
26 fund, provided such chest or fund is complying with the
27 provisions of this Act relating to registration and
28 filing of annual reports with the Attorney General, and
29 provided such organization does not actually receive, in
30 addition to such allocation, contributions in excess of
31 $4,000 during any 12 month period ending June 30th of any
32 year, and provided further that all the fund raising
33 functions of such organization are carried on by persons
34 who are unpaid for such services. However, if the gross
-4- LRB9003842DPsbam
1 contributions other than such allocation received by such
2 charitable organization during any 12 month period ending
3 June 30th of any year shall be in excess of $4,000, it
4 shall within 30 days after the date it shall have
5 received such contributions in excess of $4,000 register
6 with the Attorney General as required by Section 2.
7 6. A bona fide organization of volunteer firemen,
8 or a bona fide auxiliary or affiliate of such
9 organization, provided all its fund raising activities
10 are carried on by members of such an organization or an
11 affiliate thereof and such members receive no
12 compensation, directly or indirectly, therefor.
13 7. Any charitable organization operating a nursery
14 for infants awaiting adoption providing that all its fund
15 raising activities are carried on by members of such an
16 organization or an affiliate thereof and such members
17 receive no compensation, directly or indirectly therefor.
18 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. 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. 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- LRB9003842DPsbam
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 11. Any parent-teacher organization that is
9 controlled by teachers and parents of children attending
10 a particular public or private school for which the
11 organization is named and solicits contributions for the
12 benefit of that particular school; provided that:
13 (i) the school is specified by name at the
14 time the solicitation is made;
15 (ii) all of the contributions are turned over
16 to the school, after first deducting reasonable
17 expenses for fundraising and parent-teacher
18 activities;
19 (iii) all fundraising functions are carried on
20 by persons who are not paid, either directly or
21 indirectly, for their fundraising services;
22 (iv) the total contributions, less reasonable
23 fundraising expenses, do not exceed $50,000 in any
24 calendar year;
25 (v) the organization provides the school at
26 least annually with a complete accounting of all
27 contributions received; and
28 (vi) the governing board of the school
29 annually certifies to the Attorney General, if the
30 Attorney General makes a request for certification,
31 that the parent-teacher organization has provided
32 the school with a full accounting and that the
33 organization has provided benefits and contributions
34 to the school.
-6- LRB9003842DPsbam
1 (Source: P.A. 90-469, eff. 8-17-97.)".