Bill Text: IL SB0247 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with the following changes: Provides that a not-for-profit corporation may be organized to do engineering for conservation services associated with wetland restoration or mitigation, flood mitigation, groundwater recharge, and natural infrastructure. Provides that non-profit engineering for conservation services may not be procured by qualifications based selection criteria for contracts with the Department of Transportation, Illinois State Toll Highway Authority, or Cook County, except as a subcontractor or subconsultant. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 13-7)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0066 [SB0247 Detail]

Download: Illinois-2023-SB0247-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0247 Introduced 1/31/2023, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
805 ILCS 105/103.05 from Ch. 32, par. 103.05
Amends the General Not For Profit Corporation Act of 1986. Provides that a not-for-profit corporation may be organized to do engineering for conservation purposes. Effective immediately.
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A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The General Not For Profit Corporation Act of
1986 is amended by changing Section 103.05 as follows:
(805 ILCS 105/103.05) (from Ch. 32, par. 103.05)
Sec. 103.05. Purposes and authority of corporations;
particular purposes; exemptions.
(a) Not-for-profit corporations may be organized under
this Act for any one or more of the following or similar
purposes:
(1) Charitable.
(2) Benevolent.
(3) Eleemosynary.
(4) Educational.
(5) Civic.
(6) Patriotic.
(7) Political.
(8) Religious.
(9) Social.
(10) Literary.
(11) Athletic.
(12) Scientific.

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(13) Research.
(14) Agricultural.
(15) Horticultural.
(16) Soil improvement.
(17) Crop improvement.
(18) Livestock or poultry improvement.
(19) Professional, commercial, industrial, or trade
association.
(20) Promoting the development, establishment, or
expansion of industries.
(21) Electrification on a cooperative basis.
(22) Telephone service on a mutual or cooperative
basis.
(23) Ownership and operation of water supply
facilities for drinking and general domestic use on a
mutual or cooperative basis.
(24) Ownership or administration of residential
property on a cooperative basis.
(25) Administration and operation of property owned on
a condominium basis or by a homeowner association.
(26) Administration and operation of an organization
on a cooperative basis producing or furnishing goods,
services, or facilities primarily for the benefit of its
members who are consumers of those goods, services, or
facilities.
(27) Operation of a community mental health board or

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center organized pursuant to the Community Mental Health
Act for the purpose of providing direct patient services.
(28) Provision of debt management services as
authorized by the Debt Management Service Act.
(29) Promotion, operation, and administration of a
ridesharing arrangement as defined in Section 1-176.1 of
the Illinois Vehicle Code.
(30) The administration and operation of an
organization for the purpose of assisting low-income
consumers in the acquisition of utility and telephone
services.
(31) Any purpose permitted to be exempt from taxation
under Sections 501(c) or 501(d) of the United States
Internal Revenue Code, as now in or hereafter amended.
(32) Any purpose that would qualify for tax-deductible
gifts under the Section 170(c) of the United States
Internal Revenue Code, as now or hereafter amended. Any
such purpose is deemed to be charitable under subsection
(a)(1) of this Section.
(33) Furnishing of natural gas on a cooperative basis.
(34) Ownership and operation of agriculture-based
biogas (anaerobic digester) systems on a cooperative basis
including the marketing and sale of products produced from
these, including but not limited to methane gas,
electricity, and compost.
(35) Ownership and operation of a hemophilia program,

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including comprehensive hemophilia diagnostic treatment
centers, under Section 501(a)(2) of the Social Security
Act. The hemophilia program may employ physicians, other
health care professionals, and staff. The program and the
corporate board may not exercise control over, direct, or
interfere with a physician's exercise and execution of his
or her professional judgment in the provision of care or
treatment.
(36) Engineering for conservation purposes.
(b) A corporation may be organized hereunder to serve in
an area that adjoins or borders (except for any intervening
natural watercourse) an area located in an adjoining state
intended to be similarly served, and the corporation may join
any corporation created by the adjoining state having an
identical purpose and organized as a not-for-profit
corporation. Whenever any corporation organized under this Act
so joins with a foreign corporation having an identical
purpose, the corporation shall be permitted to do business in
Illinois as one corporation; provided (1) that the name, bylaw
provisions, officers, and directors of each corporation are
identical, (2) that the foreign corporation complies with the
provisions of this Act relating to the admission of foreign
corporation, and (3) that the Illinois corporation files a
statement with the Secretary of State indicating that it has
joined with a foreign corporation setting forth the name
thereof and the state of its incorporation.

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(Source: P.A. 101-57, eff. 7-12-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.