Bill Text: IL SB0072 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Solicitation for Charity Act. Defines "reviewed financial statements". Provides that every charitable organization that receives in any 12-month period ending upon its established fiscal or calendar year contributions in excess of $500,000 (rather than $300,000) shall file a written report meeting specified criteria with the Attorney General. Provides that a charitable organization that receives in excess of $300,000, but not in excess of $500,000, shall file a written report meeting other specified criteria with the Attorney General upon forms prescribed by the Attorney General. Provides that the Attorney General, within a binding nonjudicial settlement agreement, may accept a written assurance of discontinuance of any method, act, or practice alleged to be a violation of the reporting requirements from the person who has engaged in the method, act, or practice. Provides that the changes made by the amendatory Act are inoperative on and after January 1, 2029. Effective January 1, 2024.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB0072 Detail]
Download: Illinois-2023-SB0072-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Solicitation for Charity Act is amended by | |||||||||||||||||||||
5 | changing Sections 1 and 4 as follows:
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6 | (225 ILCS 460/1) (from Ch. 23, par. 5101)
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7 | Sec. 1. Definitions. The following words and phrases as | |||||||||||||||||||||
8 | used in this Act shall have the
following meanings unless a | |||||||||||||||||||||
9 | different meaning is required by the context.
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10 | (a) "Charitable organization" means 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 by | |||||||||||||||||||||
17 | transfer to any parent
organization.
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18 | (b) "Contribution" means the promise or grant of any money | |||||||||||||||||||||
19 | or property of any
kind or value, including the promise to pay, | |||||||||||||||||||||
20 | except payments by union
members of an organization. Reference | |||||||||||||||||||||
21 | to the dollar amount of
"contributions" in this Act means in | |||||||||||||||||||||
22 | the case of promises to pay, or
payments for merchandise or | |||||||||||||||||||||
23 | rights of any other description, the value of
the total amount |
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1 | promised to be paid or paid for such merchandise or rights
and | ||||||
2 | not merely that portion of the purchase price to be applied to | ||||||
3 | a
charitable purpose. Contribution shall not include the | ||||||
4 | proceeds from the
sale of admission tickets by any | ||||||
5 | not-for-profit music or dramatic arts
organization which | ||||||
6 | establishes, by such proof as the Attorney General may
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7 | require, that it has received an exemption under Section | ||||||
8 | 501(c)(3) of the
Internal Revenue Code and which is organized | ||||||
9 | and operated for the
presentation of live public performances | ||||||
10 | of musical or theatrical works on
a regular basis. For | ||||||
11 | purposes of this subsection, union member dues and
donated | ||||||
12 | services shall not be deemed contributions.
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13 | (c) "Person" means any individual, organization, group, | ||||||
14 | association,
partnership, corporation, trust , or any | ||||||
15 | combination of them.
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16 | (d) "Professional fund raiser" means any person who for | ||||||
17 | compensation or other
consideration, conducts, manages, or | ||||||
18 | carries on any solicitation or fund raising drive or
campaign | ||||||
19 | in this State or from this State or on behalf of a charitable
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20 | organization residing within this State for the purpose of | ||||||
21 | soliciting, receiving, or collecting
contributions for or on | ||||||
22 | behalf of any charitable organization or any other
person, or | ||||||
23 | who engages in the business of, or holds himself or herself out | ||||||
24 | to persons
in this State as independently engaged in the | ||||||
25 | business of soliciting, receiving, or collecting
contributions | ||||||
26 | for such purposes. A bona fide director, officer, employee , or
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1 | unpaid volunteer of a charitable organization shall not be | ||||||
2 | deemed a
professional fund raiser unless the person is in a | ||||||
3 | management position and
the majority of the individual's | ||||||
4 | salary or other compensation is computed
on a percentage basis | ||||||
5 | of funds to be raised, or actually raised.
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6 | (e) "Professional fund raising consultant" means any
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7 | person who is retained
by a charitable organization or trustee | ||||||
8 | for a fixed fee or rate that is not
computed on a percentage of | ||||||
9 | funds to be raised, or actually raised, under a
written | ||||||
10 | agreement, to only plan, advise, consult, or prepare materials | ||||||
11 | for a
solicitation of contributions in this State, but who | ||||||
12 | does not manage,
conduct or carry on a fundraising campaign | ||||||
13 | and who does not solicit
contributions or employ, procure, or | ||||||
14 | engage any compensated person to
solicit contributions and who | ||||||
15 | does not at any time have custody or control
of contributions. | ||||||
16 | A volunteer, employee , or salaried officer of a
charitable | ||||||
17 | organization or trustee maintaining a permanent establishment | ||||||
18 | or
office in this State is not a professional fundraising | ||||||
19 | consultant. An
attorney, investment counselor, or banker who | ||||||
20 | advises an individual,
corporation , or association to make a | ||||||
21 | charitable contribution is not a
professional fundraising | ||||||
22 | consultant as a result of the advice.
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23 | (f) "Charitable purpose" means any charitable, benevolent, | ||||||
24 | philanthropic,
patriotic, or eleemosynary purpose.
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25 | (g) "Charitable Trust" means any relationship whereby | ||||||
26 | property is held
by a person for a charitable purpose.
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1 | (h) "Education Program Service" means any activity which | ||||||
2 | provides
information to the public of a nature that is not | ||||||
3 | commonly known or facts
which are not universally regarded as | ||||||
4 | obvious or as established by common
understanding and which | ||||||
5 | informs the public of what it can or should do
about a | ||||||
6 | particular issue.
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7 | (i) "Primary Program Service" means the program service | ||||||
8 | upon which an
organization spends more than 50% of its program | ||||||
9 | service funds or the
program activity which represents the | ||||||
10 | largest expenditure of funds in
the fiscal period.
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11 | (j) "Professional solicitor" means any natural person who | ||||||
12 | is employed or
retained for compensation by a professional | ||||||
13 | fund raiser to solicit, receive, or collect
contributions for | ||||||
14 | charitable purposes from persons in this State or from
this | ||||||
15 | State or on behalf of a charitable organization residing | ||||||
16 | within
this State.
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17 | (k) "Program Service Activity" means the actual charitable | ||||||
18 | program
activities of a charitable organization for which it | ||||||
19 | expends its resources.
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20 | (l) "Program Service Expense" means the expenses of | ||||||
21 | charitable program
activity and not management expenses or | ||||||
22 | fund raising expenses. In
determining Program Service Expense, | ||||||
23 | management and fund raising expenses
may not be included.
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24 | (m) "Public Safety Personnel Organization" means any | ||||||
25 | person who uses any
of the words "officer", "police", | ||||||
26 | "policeman", "policemen", "troopers",
"sheriff", "law |
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1 | enforcement", "fireman", "firemen", "paramedic", or
similar | ||||||
2 | words in
its name or in conjunction with solicitations, or in | ||||||
3 | the title or name of a magazine, newspaper, periodical, | ||||||
4 | advertisement book, or any other medium of electronic or print | ||||||
5 | publication, and is not
a governmental entity.
No organization | ||||||
6 | may be a Public Safety Personnel Organization unless 80% or
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7 | more of its voting members or trustees are active or retired | ||||||
8 | police officers, police officers with disabilities, peace | ||||||
9 | officers,
firemen, fire fighters, emergency medical | ||||||
10 | technicians - ambulance,
emergency medical technicians - | ||||||
11 | intermediate, emergency medical technicians -
paramedic, | ||||||
12 | ambulance drivers, or other medical assistance or first aid
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13 | personnel.
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14 | (m-5) "Public Safety Personnel" includes police officers, | ||||||
15 | peace officers,
firemen, fire fighters, emergency medical | ||||||
16 | technicians - ambulance,
emergency medical technicians - | ||||||
17 | intermediate, emergency medical technicians -
paramedic, | ||||||
18 | ambulance drivers, and other medical assistance or first aid
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19 | personnel.
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20 | (n) "Trustee" means any person, individual, group of | ||||||
21 | individuals,
association, corporation, not for profit | ||||||
22 | corporation, or other legal entity
holding property for or | ||||||
23 | solicited for any charitable purpose; or any
officer, | ||||||
24 | director, executive director or other controlling persons of a
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25 | corporation soliciting or holding property for a charitable | ||||||
26 | purpose.
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1 | (o) "Reviewed financial statements" means procedures | ||||||
2 | performed on financial statements in accordance with | ||||||
3 | statements on standards for accounting and review services | ||||||
4 | issued by the American Institute of Certified Public | ||||||
5 | Accountants, in which a certified public accountant obtains | ||||||
6 | limited assurance as a basis for reporting whether the | ||||||
7 | accountant is aware of any material modifications that should | ||||||
8 | be made to the financial statements for them to be in | ||||||
9 | accordance with the specified basis of accounting. This | ||||||
10 | subsection is inoperative on and after January 1, 2029. | ||||||
11 | (Source: P.A. 99-143, eff. 7-27-15.)
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12 | (225 ILCS 460/4) (from Ch. 23, par. 5104)
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13 | Sec. 4. Annual reporting for charities. | ||||||
14 | (a) Every charitable organization registered pursuant to | ||||||
15 | Section 2
of this Act which shall receive in any 12-month | ||||||
16 | period ending upon its
established fiscal or calendar year | ||||||
17 | contributions in excess of $500,000 $300,000
and every | ||||||
18 | charitable organization whose fund raising functions are not
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19 | carried on solely by staff employees or persons who are unpaid | ||||||
20 | for such
services, if the organization shall receive in any | ||||||
21 | 12-month period ending
upon its established fiscal or calendar | ||||||
22 | year contributions in excess of
$25,000, shall file a
written | ||||||
23 | report with the Attorney General upon forms
prescribed by him | ||||||
24 | or her , on or before June 30 of each year if its books are kept
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25 | on a calendar basis, or within 6 months after the close of its |
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1 | fiscal year
if its books are kept on a fiscal year basis, which | ||||||
2 | written report shall
include a
financial statement covering | ||||||
3 | the immediately preceding 12-month period of
operation. Such | ||||||
4 | financial statement shall include a balance sheet and
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5 | statement of income and expense, and shall be consistent with | ||||||
6 | forms
furnished by the Attorney General clearly setting forth | ||||||
7 | the following:
gross receipts and gross income from all | ||||||
8 | sources, broken down into total
receipts and income from each | ||||||
9 | separate solicitation
project or source; cost of | ||||||
10 | administration; cost of solicitation; cost of
programs | ||||||
11 | designed to inform or educate the public; funds or properties
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12 | transferred out of this State, with explanation as to | ||||||
13 | recipient and
purpose; cost of fundraising; compensation paid | ||||||
14 | to trustees; and total net
amount disbursed or dedicated for | ||||||
15 | each major purpose,
charitable or otherwise. Such report shall | ||||||
16 | also include a statement of any
changes in the information | ||||||
17 | required to be contained in the registration
form filed on | ||||||
18 | behalf of such organization. The report shall be signed by
the | ||||||
19 | president or other authorized officer and the chief fiscal | ||||||
20 | officer of
the organization who shall certify that the | ||||||
21 | statements therein are true
and correct to the best of their | ||||||
22 | knowledge, and shall be accompanied by
an opinion signed by an | ||||||
23 | independent certified public accountant that the
financial | ||||||
24 | statement therein fairly represents the financial operations | ||||||
25 | of
the organization in sufficient detail to permit public | ||||||
26 | evaluation of its
operations. Said opinion may be relied upon |
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1 | by the Attorney General.
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2 | (b) Every organization registered pursuant to Section 2 of | ||||||
3 | this Act
which shall receive in any 12-month period ending | ||||||
4 | upon its established
fiscal or calendar year of any year
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5 | contributions:
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6 | (1) in excess of $15,000, but not in excess of | ||||||
7 | $25,000, during a
fiscal
year shall file only a simplified | ||||||
8 | summary financial statement disclosing only
the gross | ||||||
9 | receipts, total disbursements, and assets on hand at the | ||||||
10 | end of the
year on forms prescribed by the Attorney | ||||||
11 | General; or
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12 | (2) in excess of $25,000, but not in excess of | ||||||
13 | $300,000, if it is not
required to submit a report under
| ||||||
14 | subsection (a) of this Section, shall
file a written | ||||||
15 | report with the Attorney General upon forms prescribed by
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16 | him, on or before June 30 of each year if its books are | ||||||
17 | kept on a calendar
basis, or within 6 months after the | ||||||
18 | close of its fiscal year if its books
are kept on a fiscal | ||||||
19 | year basis, which shall include a financial statement
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20 | covering the immediately preceding 12-month period of | ||||||
21 | operation limited to
a statement of such organization's | ||||||
22 | gross receipts from contributions, the
gross amount | ||||||
23 | expended for charitable educational programs, other | ||||||
24 | charitable
programs, management expense, and fund
raising | ||||||
25 | expenses including a separate statement of the cost of any | ||||||
26 | goods,
services , or admissions supplied as part of its |
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1 | solicitations, and the
disposition of the net proceeds | ||||||
2 | from contributions, including compensation
paid to | ||||||
3 | trustees, consistent with forms furnished by the Attorney | ||||||
4 | General.
Such report shall also
include a statement of any | ||||||
5 | changes in the information required to be
contained in the | ||||||
6 | registration form filed on behalf of such organization.
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7 | The report shall be signed by the president or other | ||||||
8 | authorized officer and
the chief fiscal officer of the | ||||||
9 | organization who shall certify that the
statements therein | ||||||
10 | are true and correct to the best of their knowledge ; or . | ||||||
11 | (3) in excess of $300,000, but not in excess of | ||||||
12 | $500,000, if it is not required to submit a report under | ||||||
13 | subsection (a), shall file a written report with the | ||||||
14 | Attorney General upon forms prescribed by the Attorney | ||||||
15 | General, on or before June 30 of each year if its books are | ||||||
16 | kept on a calendar basis, or within 6 months after the | ||||||
17 | close of its fiscal year if its books are kept on a fiscal | ||||||
18 | year basis, which written report shall include a financial | ||||||
19 | statement covering the immediately preceding 12-month | ||||||
20 | period of operation limited to a statement of such | ||||||
21 | organization's gross receipts from contributions, the | ||||||
22 | gross amount expended for charitable educational programs, | ||||||
23 | other charitable programs, management expense, and fund | ||||||
24 | raising expenses, including a separate statement of the | ||||||
25 | cost of any goods, services, or admissions supplied as | ||||||
26 | part of its solicitations, and the disposition of the net |
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1 | proceeds from contributions, including compensation paid | ||||||
2 | to trustees, consistent with forms furnished by the | ||||||
3 | Attorney General. Such report shall also include a | ||||||
4 | statement of any changes in the information required to be | ||||||
5 | contained in the registration form filed on behalf of such | ||||||
6 | organization. The report shall be signed by the president | ||||||
7 | or other authorized officer and the chief fiscal officer | ||||||
8 | of the organization who shall certify that the statements | ||||||
9 | therein are true and correct to the best of their | ||||||
10 | knowledge and shall be accompanied by reviewed financial | ||||||
11 | statements, including a report signed by an independent | ||||||
12 | certified public accountant stating that the independent | ||||||
13 | certified public accountant is not aware of any material | ||||||
14 | modifications that should be made to the financial | ||||||
15 | statements in order to permit public evaluation of its | ||||||
16 | operations. The report may be relied upon by the Attorney | ||||||
17 | General.
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18 | (c) For any fiscal or calendar year of any organization | ||||||
19 | registered
pursuant to Section 2 of this Act in which such | ||||||
20 | organization would have
been exempt from registration pursuant | ||||||
21 | to Section 3 of this Act if it had
not been so registered, or | ||||||
22 | in which it did not solicit or receive
contributions, such | ||||||
23 | organization shall file, on or before June 30 of each
year if | ||||||
24 | its books are kept on a calendar basis, or within 6 months | ||||||
25 | after
the close of its fiscal year if its books are kept on a | ||||||
26 | fiscal year basis,
instead of the reports required by |
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1 | subdivisions (a) or (b) of this Section,
a statement certified | ||||||
2 | under penalty of perjury by its president and chief fiscal
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3 | officer stating the exemption and the facts upon which it is | ||||||
4 | based or that
such organization did not solicit or receive | ||||||
5 | contributions in such fiscal
year. The statement shall also | ||||||
6 | include a statement of any
changes in the information required | ||||||
7 | to be contained in the registration form
filed on behalf of | ||||||
8 | such organization.
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9 | (d) As an alternative means of satisfying the duties and | ||||||
10 | obligations
otherwise imposed by this Section, any veterans | ||||||
11 | organization
chartered or incorporated under federal law and | ||||||
12 | any veterans organization
which is affiliated with, and | ||||||
13 | recognized in the bylaws of, a
congressionally chartered or | ||||||
14 | incorporated organization may, at its option,
annually file | ||||||
15 | with the Attorney General the following documents:
| ||||||
16 | (1) A copy of its Form 990, as filed with the Internal | ||||||
17 | Revenue Service.
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18 | (2) Copies of any reports required to be filed by the | ||||||
19 | affiliate with
the congressionally chartered or | ||||||
20 | incorporated veterans organization, as well
as copies of | ||||||
21 | any reports filed by the congressionally chartered or
| ||||||
22 | incorporated veterans organization with the government of | ||||||
23 | the United States
pursuant to federal law.
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24 | (3) Copies of all contracts entered into by the | ||||||
25 | congressionally
chartered or incorporated veterans | ||||||
26 | organization or its affiliate for
purposes of raising |
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1 | funds in this State, such copies to be filed with the
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2 | Attorney General no more than 30 days after execution of | ||||||
3 | the contracts.
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4 | (e) As an alternative means of satisfying all of the | ||||||
5 | duties and
obligations otherwise imposed by this Section, any | ||||||
6 | person, pursuant
to a
contract with a charitable organization, | ||||||
7 | a veterans organization , or an
affiliate described or referred | ||||||
8 | to in subsection (d) , who receives,
collects, holds , or | ||||||
9 | transports as the agent of the organization or affiliate
for | ||||||
10 | purposes of resale any used or second hand personal property, | ||||||
11 | including ,
but not limited to , household goods, furniture , or | ||||||
12 | clothing donated to the
organization or affiliate may, at its | ||||||
13 | option, annually file with the
Attorney General the following | ||||||
14 | documents, accompanied by an annual filing fee
of $15:
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15 | (1) A notarized report including the number of | ||||||
16 | donations of personal
property it has received on behalf | ||||||
17 | of the charitable organization, veterans
organization , or | ||||||
18 | affiliate during the preceding year. For purposes of this
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19 | report, the number of donations of personal property shall | ||||||
20 | refer to the
number of stops or pickups made regardless of | ||||||
21 | the number of items received
at each stop or pickup. The | ||||||
22 | report may cover the person's fiscal year, in
which case | ||||||
23 | it shall be filed with the Attorney General no later than | ||||||
24 | 90
days after the close of that fiscal year.
| ||||||
25 | (2) All contracts with the charitable organization, | ||||||
26 | veterans
organization , or affiliate under which the person |
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1 | has acted as an agent for
the purposes listed above.
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2 | (3) All contracts by which the person agreed to pay | ||||||
3 | the charitable
organization, veterans organization , or | ||||||
4 | affiliate a fixed amount for, or a
fixed percentage of the | ||||||
5 | value of, each donation of used or second hand
personal | ||||||
6 | property. Copies of all such contracts shall be filed no | ||||||
7 | later
than 30 days after they are executed.
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8 | (f) The Attorney General may seek appropriate equitable | ||||||
9 | relief from a
court , enter into a binding nonjudicial | ||||||
10 | settlement agreement, or or, in his discretion, cancel the | ||||||
11 | registration
of any organization which fails to comply with | ||||||
12 | subsection subdivision (a), (b), or (c) of
this Section within | ||||||
13 | the time therein prescribed, or fails to furnish such
| ||||||
14 | additional information as is requested by the Attorney General | ||||||
15 | within the
required time; except that the time may be extended | ||||||
16 | by the Attorney General
for a period not to exceed 60 days upon | ||||||
17 | a timely written
request and for
good cause stated. Unless | ||||||
18 | otherwise stated herein, the Attorney General
shall, by
rule, | ||||||
19 | set forth the standards used to determine whether a | ||||||
20 | registration
shall be cancelled as authorized by this | ||||||
21 | subsection. Such standards shall
be stated as precisely and | ||||||
22 | clearly as practicable, to inform fully those
persons | ||||||
23 | affected. Notice of such cancellation shall be mailed to the
| ||||||
24 | registrant at least 15 days before the effective date thereof.
| ||||||
25 | (g) The Attorney General in his or her discretion may, | ||||||
26 | pursuant to rule,
accept executed copies of federal Internal |
| |||||||
| |||||||
1 | Revenue returns and reports as a
portion of the foregoing
| ||||||
2 | annual reporting in the interest of minimizing paperwork, | ||||||
3 | except there
shall be no substitute for the independent | ||||||
4 | certified public accountant
audit opinion required by this | ||||||
5 | Act.
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6 | (h) The Attorney General after canceling the registration | ||||||
7 | of any trust
or organization which fails to comply with
this
| ||||||
8 | Section within the time therein prescribed may by court | ||||||
9 | proceedings, in
addition to all other relief, seek to
collect | ||||||
10 | the assets and distribute such under court supervision to | ||||||
11 | other
charitable purposes. | ||||||
12 | (h-5) The Attorney General, within a binding nonjudicial | ||||||
13 | settlement agreement, may accept a written assurance of | ||||||
14 | discontinuance of any method, act, or practice alleged to be a | ||||||
15 | violation of subsection (a), (b), or (c) from the person who | ||||||
16 | has engaged in the method, act, or practice. The Attorney | ||||||
17 | General may at any time reopen a matter in which an assurance | ||||||
18 | of discontinuance is accepted for further proceedings if the | ||||||
19 | Attorney General determines that reopening the matter is in | ||||||
20 | the public interest. Evidence of a violation of an assurance | ||||||
21 | of discontinuance is prima facie evidence of a violation of | ||||||
22 | this Act in any subsequent proceeding brought by the Attorney | ||||||
23 | General.
| ||||||
24 | (i) Every trustee, person, and organization required to | ||||||
25 | file an annual
report shall pay a filing fee of $15 with each | ||||||
26 | annual financial report filed
pursuant to this Section. If a |
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| |||||||
1 | proper and complete annual report is not timely
filed, a late | ||||||
2 | filing fee of an additional $100 is imposed and shall be paid
| ||||||
3 | as a condition of filing a late report. Reports submitted | ||||||
4 | without the proper
fee shall not be accepted for filing. | ||||||
5 | Payment of the late filing fee and
acceptance by the Attorney | ||||||
6 | General shall both be conditions of filing a late
report. All | ||||||
7 | late filing fees shall be used to provide charitable trust
| ||||||
8 | enforcement and dissemination of charitable trust information | ||||||
9 | to the public and
shall be maintained in a separate fund for | ||||||
10 | such purpose known as the Illinois
Charity Bureau Fund.
| ||||||
11 | (j) There is created hereby a separate special fund in the | ||||||
12 | State Treasury to
be known as the Illinois Charity Bureau | ||||||
13 | Fund. That Fund shall be under the
control of the Attorney | ||||||
14 | General, and the funds, fees, and penalties deposited
therein | ||||||
15 | shall be used by the Attorney General to enforce the | ||||||
16 | provisions of this
Act and to gather and disseminate | ||||||
17 | information about charitable trustees and
organizations to the | ||||||
18 | public. | ||||||
19 | (k) The changes made to this Section by this amendatory | ||||||
20 | Act of the 103rd General Assembly are inoperative on and after | ||||||
21 | January 1, 2029.
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22 | (Source: P.A. 100-201, eff. 8-18-17.)
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23 | Section 99. Effective date. This Act takes effect January | ||||||
24 | 1, 2024.
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