Bill Text: IL HB1309 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Solicitation for Charity Act. Provides that in all subsequent instances after the first instance where re-registration and late registration are allowed, any re-registration and late registration must require that the new registration materials be filed along with a penalty registration fee of $200 (now, penalty registration fee is required on the first instance). Provides that the court may impose a civil penalty of not less than $500 nor more than $1,000 against the organization or trust estate that, for a second or subsequent time, has failed to register or failed to maintain a registration required under this Act (now, may impose a civil penalty for first failure under the Section).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB1309 Detail]

Download: Illinois-2009-HB1309-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB1309 Introduced 2/18/2009, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED:
225 ILCS 460/2 from Ch. 23, par. 5102
Amends the Solicitation for Charity Act. Provides that in all subsequent instances after the first instance where re-registration and late registration are allowed, any re-registration and late registration must require that the new registration materials be filed along with a penalty registration fee of $200 (now, penalty registration fee is required on the first instance). Provides that the court may impose a civil penalty of not less than $500 nor more than $1,000 against the organization or trust estate that, for a second or subsequent time, has failed to register or failed to maintain a registration required under this Act (now, may impose a civil penalty for first failure under the Section).
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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 2 as follows:
(225 ILCS 460/2) (from Ch. 23, par. 5102)
Sec. 2. Registration; rules; penalties.
(a) Every charitable organization, except as otherwise
provided in Section 3 of this Act, which solicits or intends to
solicit contributions from persons in this State or which is
located in this State, by any means whatsoever shall, prior to
any solicitation, file with the Attorney General upon forms
prescribed by him, a registration statement, accompanied by a
registration fee of $15, which statement shall include the
following certified information:
1. The name of the organization and the name or names
under which it intends to solicit contributions.
2. The names and addresses of the officers, directors,
trustees, and chief executive officer of the organization.
3. The addresses of the organization and the addresses
of any offices in this State. If the organization does not
maintain a principal office, the name and address of the
person having custody of its financial records.

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4. Where and when the organization was legally
established, the form of its organization and its tax
exempt status.
5. The purpose for which the organization is organized
and the purpose or purposes for which the contributions to
be solicited will be used.
6. The date on which the fiscal year of the
organization ends.
7. Whether the organization is authorized by any other
governmental authority to solicit contributions and
whether it is or has ever been enjoined by any court from
soliciting contributions.
8. The names and addresses of any professional fund
raisers who are acting or have agreed to act on behalf of
the organization.
9. Methods by which solicitation will be made.
10. Copies of contracts between charitable
organizations and professional fund raisers relating to
financial compensation or profit to be derived by the
professional fund raisers. Where any such contract is
executed after filing of registration statement, a copy
thereof shall be filed within 10 days of the date of
execution.
11. Board, group, or individual having final
discretion as to the distribution and use of contributions
received.

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(b) The registration statement shall be signed by the
president or other authorized officer and the chief fiscal
officer of the organization.
(c) Such registration shall remain in effect unless it is
either cancelled as provided in this Act or withdrawn by the
organization.
(d) Every registered organization shall notify the
Attorney General within 10 days of any change in the
information required to be furnished by such organization under
paragraphs 1 through 11 of subdivision (a) of this Section.
(e) In no event shall a registration of a charitable
organization continue, or be continued, in effect after the
date such organization should have filed, but failed to file,
an annual report in accordance with the requirements of Section
4 of this Act, and such organization shall not be eligible to
file a new registration until it shall have filed the required
annual report with the Attorney General. If such report is
subsequently filed and accepted by the Attorney General such
organization may file a new registration. If a person, trustee,
or organization fails to timely register or maintain a
registration of a trust or organization as required by this Act
or if its registration is cancelled as provided in this Act,
and if that trust or organization remains in existence and by
law is required to be registered, in order to re-register or
file a late registration a current registration statement must
be filed accompanied by financial reports in the form required

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herein for all past years. In all instances where
re-registration and late registration are allowed, the new
registration materials must be filed. , In all subsequent
instances after the first instance where re-registration and
late registration are allowed, any re-registration and late
registration must require that the new registration materials
be filed along with accompanied by a penalty registration fee
of $200.
(f) Subject to reasonable rules and regulations adopted by
the Attorney General, the register, registration statements,
annual reports, financial statements, professional fund
raisers' contracts, bonds, applications for registration and
re-registration, and other documents required to be filed with
the Attorney General shall be open to public inspection.
Every person subject to this Act shall maintain accurate
and detailed books and records at the principal office of the
organization to provide the information required herein. All
such books and records shall be open to inspection at all
reasonable times by the Attorney General or his duly authorized
representative.
(g) Where any local, county or area division of a
charitable organization is supervised and controlled by a
superior or parent organization, incorporated, qualified to do
business, or doing business within this State, such local,
county or area division shall not be required to register under
this Section if the superior or parent organization files a

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registration statement on behalf of the local, county or area
division in addition to or as part of its own registration
statement. Where a registration statement has been filed by a
superior or parent organization as provided in Section 2(g) of
this Act, it shall file the annual report required under
Section 4 of this Act on behalf of the local, county or area
division in addition to or as part of its own report, but the
accounting information required under Section 4 of this Act
shall be set forth separately and not in consolidated form with
respect to every local, county or area division which raises or
expends more than $4,000.
(h) The Attorney General may make rules of procedure and
regulations necessary for the administration of this Act.
Copies of all such rules of procedure and regulations and of
all changes therein, duly certified by the Attorney General,
shall be filed in the office of the Secretary of State.
(i) If a person, organization, or trustee fails to register
or if registration of a trust or organization is cancelled as
provided in this Act, the person, organization or trustee is
subject to injunction, to removal, to account, and to
appropriate other relief before the circuit court exercising
chancery jurisdiction. In addition to any other relief granted
under this Act, the court may impose a civil penalty of not
less than $500 nor more than $1,000 against the organization or
trust estate that, for a second or subsequent time, has failed
to register or failed to maintain a registration required under

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this Act. The collected penalty funds shall be used for
charitable trust enforcement and for providing charitable
trust information to the public.
(Source: P.A. 90-469, eff. 8-17-97; 91-444, eff. 8-6-99.)