Bill Text: IL HB4221 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Solicitation for Charity Act. Exempts any non-profit organization committed to ensuring the safety, welfare, and well-being of animals that spends at least 80% of its annual solicited contributions on animal shelters and activities directly ensuring the safety, welfare, and well-being of animals within the State, which does not include promoting or opposing legislation by any legislative body or administrative costs of the organization, from registering and filing reports with the Attorney General.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4221 Detail]

Download: Illinois-2017-HB4221-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4221 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
225 ILCS 460/3 from Ch. 23, par. 5103
Amends the Solicitation for Charity Act. Exempts any non-profit organization committed to ensuring the safety, welfare, and well-being of animals that spends at least 80% of its annual solicited contributions on animal shelters and activities directly ensuring the safety, welfare, and well-being of animals within the State, which does not include promoting or opposing legislation by any legislative body or administrative costs of the organization, from registering and filing reports with the Attorney General.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Solicitation for Charity Act is amended by
changing Section 3 as follows:
(225 ILCS 460/3) (from Ch. 23, par. 5103)
Sec. 3. Exemptions.
(a) Upon initial filing of a registration statement
pursuant to Section 2 of this Act and notification by the
Attorney General of his determination that the organizational
purposes or circumstances specified in this paragraph for
exemption are actual and genuine, the following entities shall
be exempt from all the report filing provisions of this Act,
except for the requirements set forth in Section 2 of this Act:
1. A corporation sole or other religious corporation,
trust or organization incorporated or established for
religious purposes, nor to any agency or organization
incorporated or established for charitable, hospital or
educational purposes and engaged in effectuating one or
more of such purposes, that is affiliated with, operated
by, or supervised or controlled by a corporation sole or
other religious corporation, trust or organization
incorporated or established for religious purposes, nor to

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other religious agencies or organizations which serve
religion by the preservation of religious rights and
freedom from persecution or prejudice or by fostering
religion, including the moral and ethical aspects of a
particular religious faith.
2. Any charitable organization which does not intend to
solicit and receive and does not actually receive
contributions in excess of $15,000 during any 12 month
period ending December 31 of any year. However, if the
gross contributions received by such charitable
organization during any 12 month period ending December 31
of any year shall be in excess of $15,000, it shall file
reports as required under this Act and the provisions of
this Act shall apply.
(b) The following persons shall not be required to register
with the Attorney General:
1. The University of Illinois, Southern Illinois
University, Eastern Illinois University, Illinois State
Normal University, Northern Illinois University, Western
Illinois University, all educational institutions that are
recognized by the State Board of Education or that are
accredited by a regional accrediting association or by an
organization affiliated with the National Commission on
Accrediting, any foundation having an established identity
with any of the aforementioned educational institutions,
any other educational institution confining its

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solicitation of contributions to its student body, alumni,
faculty and trustees, and their families, or a library
established under the laws of this State, provided that the
annual financial report of such institution or library
shall be filed with the State Board of Education, Governor,
Illinois State Library, County Library Board or County
Board, as provided by law.
2. Fraternal, patriotic, social, educational, alumni
organizations and historical societies when solicitation
of contributions is confined to their membership. This
exemption shall be extended to any subsidiary of a parent
or superior organization exempted by Sub-paragraph 2 of
Paragraph (b) of Section 3 of this Act where such
solicitation is confined to the membership of the
subsidiary, parent or superior organization.
3. Persons requesting any contributions for the relief
or benefit of any individual, specified by name at the time
of the solicitation, if the contributions collected are
turned over to the named beneficiary, first deducting
reasonable expenses for costs of banquets, or social
gatherings, if any, provided all fund raising functions are
carried on by persons who are unpaid, directly or
indirectly, for such services.
4. Any bona fide union, bona fide political
organization or bona fide political action committee,
which does not solicit funds for a charitable purpose.

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5. Any charitable organization receiving an allocation
from an incorporated community chest or united fund,
provided such chest or fund is complying with the
provisions of this Act relating to registration and filing
of annual reports with the Attorney General, and provided
such organization does not actually receive, in addition to
such allocation, contributions in excess of $4,000 during
any 12 month period ending June 30th of any year, and
provided further that all the fund raising functions of
such organization are carried on by persons who are unpaid
for such services. However, if the gross contributions
other than such allocation received by such charitable
organization during any 12 month period ending June 30th of
any year shall be in excess of $4,000, it shall within 30
days after the date it shall have received such
contributions in excess of $4,000 register with the
Attorney General as required by Section 2.
6. A bona fide organization of volunteer firemen, or a
bona fide auxiliary or affiliate of such organization,
provided all its fund raising activities are carried on by
members of such an organization or an affiliate thereof and
such members receive no compensation, directly or
indirectly, therefor.
7. Any charitable organization operating a nursery for
infants awaiting adoption providing that all its fund
raising activities are carried on by members of such an

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organization or an affiliate thereof and such members
receive no compensation, directly or indirectly therefor.
8. Any corporation established by the Federal Congress
that is required by federal law to submit annual reports of
its activities to Congress containing itemized accounts of
all receipts and expenditures after being duly audited.
9. Any boys' club which is affiliated with the Boys'
Club of America, a corporation chartered by Congress;
provided, however, that such an affiliate properly files
the reports required by the Boys' Club of America and that
the Boys' Club of America files with the Government of the
United States the reports required by its federal charter.
10. Any veterans organization chartered or
incorporated under federal law and any veterans
organization which is affiliated with, and recognized in
the bylaws of, a congressionally chartered or incorporated
veterans organization; provided, however, that the
affiliate properly files the reports required by the
congressionally chartered or incorporated veterans
organization, that the congressionally chartered or
incorporated veterans organization files with the
government of the United States the reports required by its
federal charter, and that copies of such federally required
reports are filed with the Attorney General.
11. Any parent-teacher organization that is controlled
by teachers and parents of children attending a particular

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public or private school for which the organization is
named and solicits contributions for the benefit of that
particular school; provided that:
(i) the school is specified by name at the time the
solicitation is made;
(ii) all of the contributions are turned over to
the school, after first deducting reasonable expenses
for fundraising and parent-teacher activities;
(iii) all fundraising functions are carried on by
persons who are not paid, either directly or
indirectly, for their fundraising services;
(iv) the total contributions, less reasonable
fundraising expenses, do not exceed $50,000 in any
calendar year;
(v) the organization provides the school at least
annually with a complete accounting of all
contributions received; and
(vi) the governing board of the school certifies to
the Attorney General, if the Attorney General makes a
request for certification, that the parent-teacher
organization has provided the school with a full
accounting and that the organization has provided
benefits and contributions to the school.
12. Any non-profit organization committed to ensuring
the safety, welfare, and well-being of animals that spends
at least 80% of its annual solicited contributions on

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animal shelters and activities directly ensuring the
safety, welfare, and well-being of animals within the
State. For the purposes of this paragraph 12, activities
directly ensuring the safety, welfare, and well-being of
animals do not include promoting or opposing legislation by
any legislative body or administrative costs of the
organization.
(Source: P.A. 90-469, eff. 8-17-97; 91-444, eff. 8-6-99.)