Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0072 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0072 Introduced 1/20/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 225 ILCS 460/1 from Ch. 23, par. 5101 225 ILCS 460/4 from Ch. 23, par. 5104 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. LRB103 25004 AMQ 51338 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0072 Introduced 1/20/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 225 ILCS 460/1 from Ch. 23, par. 5101 225 ILCS 460/4 from Ch. 23, par. 5104 225 ILCS 460/1 from Ch. 23, par. 5101 225 ILCS 460/4 from Ch. 23, par. 5104 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. LRB103 25004 AMQ 51338 b LRB103 25004 AMQ 51338 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0072 Introduced 1/20/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 460/1 from Ch. 23, par. 5101 225 ILCS 460/4 from Ch. 23, par. 5104 225 ILCS 460/1 from Ch. 23, par. 5101 225 ILCS 460/4 from Ch. 23, par. 5104
4	4	225 ILCS 460/1 from Ch. 23, par. 5101
5	5	225 ILCS 460/4 from Ch. 23, par. 5104
6	6	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.
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8	8	LRB103 25004 AMQ 51338 b
9	9	A BILL FOR
10	10	SB0072LRB103 25004 AMQ 51338 b SB0072 LRB103 25004 AMQ 51338 b
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12	12	1 AN ACT concerning regulation.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Solicitation for Charity Act is amended by
16	16	5 changing Sections 1 and 4 as follows:
17	17	6 (225 ILCS 460/1) (from Ch. 23, par. 5101)
18	18	7 Sec. 1. Definitions. The following words and phrases as
19	19	8 used in this Act shall have the following meanings unless a
20	20	9 different meaning is required by the context.
21	21	10 (a) "Charitable organization" means any benevolent,
22	22	11 philanthropic, patriotic, or eleemosynary person or one
23	23	12 purporting to be such which solicits and collects funds for
24	24	13 charitable purposes and includes each local, county, or area
25	25	14 division within this State of such charitable organization,
26	26	15 provided such local, county, or area division has authority
27	27	16 and discretion to disburse funds or property otherwise than by
28	28	17 transfer to any parent organization.
29	29	18 (b) "Contribution" means the promise or grant of any money
30	30	19 or property of any kind or value, including the promise to pay,
31	31	20 except payments by union members of an organization. Reference
32	32	21 to the dollar amount of "contributions" in this Act means in
33	33	22 the case of promises to pay, or payments for merchandise or
34	34	23 rights of any other description, the value of the total amount
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0072 Introduced 1/20/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
39	39	225 ILCS 460/1 from Ch. 23, par. 5101 225 ILCS 460/4 from Ch. 23, par. 5104 225 ILCS 460/1 from Ch. 23, par. 5101 225 ILCS 460/4 from Ch. 23, par. 5104
40	40	225 ILCS 460/1 from Ch. 23, par. 5101
41	41	225 ILCS 460/4 from Ch. 23, par. 5104
42	42	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.
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45	45	A BILL FOR
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52	52	225 ILCS 460/4 from Ch. 23, par. 5104
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71	71	1 promised to be paid or paid for such merchandise or rights and
72	72	2 not merely that portion of the purchase price to be applied to
73	73	3 a charitable purpose. Contribution shall not include the
74	74	4 proceeds from the sale of admission tickets by any
75	75	5 not-for-profit music or dramatic arts organization which
76	76	6 establishes, by such proof as the Attorney General may
77	77	7 require, that it has received an exemption under Section
78	78	8 501(c)(3) of the Internal Revenue Code and which is organized
79	79	9 and operated for the presentation of live public performances
80	80	10 of musical or theatrical works on a regular basis. For
81	81	11 purposes of this subsection, union member dues and donated
82	82	12 services shall not be deemed contributions.
83	83	13 (c) "Person" means any individual, organization, group,
84	84	14 association, partnership, corporation, trust, or any
85	85	15 combination of them.
86	86	16 (d) "Professional fund raiser" means any person who for
87	87	17 compensation or other consideration, conducts, manages, or
88	88	18 carries on any solicitation or fund raising drive or campaign
89	89	19 in this State or from this State or on behalf of a charitable
90	90	20 organization residing within this State for the purpose of
91	91	21 soliciting, receiving, or collecting contributions for or on
92	92	22 behalf of any charitable organization or any other person, or
93	93	23 who engages in the business of, or holds himself or herself out
94	94	24 to persons in this State as independently engaged in the
95	95	25 business of soliciting, receiving, or collecting contributions
96	96	26 for such purposes. A bona fide director, officer, employee, or
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107	107	1 unpaid volunteer of a charitable organization shall not be
108	108	2 deemed a professional fund raiser unless the person is in a
109	109	3 management position and the majority of the individual's
110	110	4 salary or other compensation is computed on a percentage basis
111	111	5 of funds to be raised, or actually raised.
112	112	6 (e) "Professional fund raising consultant" means any
113	113	7 person who is retained by a charitable organization or trustee
114	114	8 for a fixed fee or rate that is not computed on a percentage of
115	115	9 funds to be raised, or actually raised, under a written
116	116	10 agreement, to only plan, advise, consult, or prepare materials
117	117	11 for a solicitation of contributions in this State, but who
118	118	12 does not manage, conduct or carry on a fundraising campaign
119	119	13 and who does not solicit contributions or employ, procure, or
120	120	14 engage any compensated person to solicit contributions and who
121	121	15 does not at any time have custody or control of contributions.
122	122	16 A volunteer, employee, or salaried officer of a charitable
123	123	17 organization or trustee maintaining a permanent establishment
124	124	18 or office in this State is not a professional fundraising
125	125	19 consultant. An attorney, investment counselor, or banker who
126	126	20 advises an individual, corporation, or association to make a
127	127	21 charitable contribution is not a professional fundraising
128	128	22 consultant as a result of the advice.
129	129	23 (f) "Charitable purpose" means any charitable, benevolent,
130	130	24 philanthropic, patriotic, or eleemosynary purpose.
131	131	25 (g) "Charitable Trust" means any relationship whereby
132	132	26 property is held by a person for a charitable purpose.
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143	143	1 (h) "Education Program Service" means any activity which
144	144	2 provides information to the public of a nature that is not
145	145	3 commonly known or facts which are not universally regarded as
146	146	4 obvious or as established by common understanding and which
147	147	5 informs the public of what it can or should do about a
148	148	6 particular issue.
149	149	7 (i) "Primary Program Service" means the program service
150	150	8 upon which an organization spends more than 50% of its program
151	151	9 service funds or the program activity which represents the
152	152	10 largest expenditure of funds in the fiscal period.
153	153	11 (j) "Professional solicitor" means any natural person who
154	154	12 is employed or retained for compensation by a professional
155	155	13 fund raiser to solicit, receive, or collect contributions for
156	156	14 charitable purposes from persons in this State or from this
157	157	15 State or on behalf of a charitable organization residing
158	158	16 within this State.
159	159	17 (k) "Program Service Activity" means the actual charitable
160	160	18 program activities of a charitable organization for which it
161	161	19 expends its resources.
162	162	20 (l) "Program Service Expense" means the expenses of
163	163	21 charitable program activity and not management expenses or
164	164	22 fund raising expenses. In determining Program Service Expense,
165	165	23 management and fund raising expenses may not be included.
166	166	24 (m) "Public Safety Personnel Organization" means any
167	167	25 person who uses any of the words "officer", "police",
168	168	26 "policeman", "policemen", "troopers", "sheriff", "law
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179	179	1 enforcement", "fireman", "firemen", "paramedic", or similar
180	180	2 words in its name or in conjunction with solicitations, or in
181	181	3 the title or name of a magazine, newspaper, periodical,
182	182	4 advertisement book, or any other medium of electronic or print
183	183	5 publication, and is not a governmental entity. No organization
184	184	6 may be a Public Safety Personnel Organization unless 80% or
185	185	7 more of its voting members or trustees are active or retired
186	186	8 police officers, police officers with disabilities, peace
187	187	9 officers, firemen, fire fighters, emergency medical
188	188	10 technicians - ambulance, emergency medical technicians -
189	189	11 intermediate, emergency medical technicians - paramedic,
190	190	12 ambulance drivers, or other medical assistance or first aid
191	191	13 personnel.
192	192	14 (m-5) "Public Safety Personnel" includes police officers,
193	193	15 peace officers, firemen, fire fighters, emergency medical
194	194	16 technicians - ambulance, emergency medical technicians -
195	195	17 intermediate, emergency medical technicians - paramedic,
196	196	18 ambulance drivers, and other medical assistance or first aid
197	197	19 personnel.
198	198	20 (n) "Trustee" means any person, individual, group of
199	199	21 individuals, association, corporation, not for profit
200	200	22 corporation, or other legal entity holding property for or
201	201	23 solicited for any charitable purpose; or any officer,
202	202	24 director, executive director or other controlling persons of a
203	203	25 corporation soliciting or holding property for a charitable
204	204	26 purpose.
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215	215	1 (o) "Reviewed financial statements" means procedures
216	216	2 performed on financial statements in accordance with
217	217	3 statements on standards for accounting and review services
218	218	4 issued by the American Institute of Certified Public
219	219	5 Accountants, in which a certified public accountant obtains
220	220	6 limited assurance as a basis for reporting whether the
221	221	7 accountant is aware of any material modifications that should
222	222	8 be made to the financial statements for them to be in
223	223	9 accordance with the specified basis of accounting. This
224	224	10 subsection is inoperative on and after January 1, 2029.
225	225	11 (Source: P.A. 99-143, eff. 7-27-15.)
226	226	12 (225 ILCS 460/4) (from Ch. 23, par. 5104)
227	227	13 Sec. 4. Annual reporting for charities.
228	228	14 (a) Every charitable organization registered pursuant to
229	229	15 Section 2 of this Act which shall receive in any 12-month
230	230	16 period ending upon its established fiscal or calendar year
231	231	17 contributions in excess of $500,000 $300,000 and every
232	232	18 charitable organization whose fund raising functions are not
233	233	19 carried on solely by staff employees or persons who are unpaid
234	234	20 for such services, if the organization shall receive in any
235	235	21 12-month period ending upon its established fiscal or calendar
236	236	22 year contributions in excess of $25,000, shall file a written
237	237	23 report with the Attorney General upon forms prescribed by him
238	238	24 or her, on or before June 30 of each year if its books are kept
239	239	25 on a calendar basis, or within 6 months after the close of its
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250	250	1 fiscal year if its books are kept on a fiscal year basis, which
251	251	2 written report shall include a financial statement covering
252	252	3 the immediately preceding 12-month period of operation. Such
253	253	4 financial statement shall include a balance sheet and
254	254	5 statement of income and expense, and shall be consistent with
255	255	6 forms furnished by the Attorney General clearly setting forth
256	256	7 the following: gross receipts and gross income from all
257	257	8 sources, broken down into total receipts and income from each
258	258	9 separate solicitation project or source; cost of
259	259	10 administration; cost of solicitation; cost of programs
260	260	11 designed to inform or educate the public; funds or properties
261	261	12 transferred out of this State, with explanation as to
262	262	13 recipient and purpose; cost of fundraising; compensation paid
263	263	14 to trustees; and total net amount disbursed or dedicated for
264	264	15 each major purpose, charitable or otherwise. Such report shall
265	265	16 also include a statement of any changes in the information
266	266	17 required to be contained in the registration form filed on
267	267	18 behalf of such organization. The report shall be signed by the
268	268	19 president or other authorized officer and the chief fiscal
269	269	20 officer of the organization who shall certify that the
270	270	21 statements therein are true and correct to the best of their
271	271	22 knowledge, and shall be accompanied by an opinion signed by an
272	272	23 independent certified public accountant that the financial
273	273	24 statement therein fairly represents the financial operations
274	274	25 of the organization in sufficient detail to permit public
275	275	26 evaluation of its operations. Said opinion may be relied upon
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286	286	1 by the Attorney General.
287	287	2 (b) Every organization registered pursuant to Section 2 of
288	288	3 this Act which shall receive in any 12-month period ending
289	289	4 upon its established fiscal or calendar year of any year
290	290	5 contributions:
291	291	6 (1) in excess of $15,000, but not in excess of
292	292	7 $25,000, during a fiscal year shall file only a simplified
293	293	8 summary financial statement disclosing only the gross
294	294	9 receipts, total disbursements, and assets on hand at the
295	295	10 end of the year on forms prescribed by the Attorney
296	296	11 General; or
297	297	12 (2) in excess of $25,000, but not in excess of
298	298	13 $300,000, if it is not required to submit a report under
299	299	14 subsection (a) of this Section, shall file a written
300	300	15 report with the Attorney General upon forms prescribed by
301	301	16 him, on or before June 30 of each year if its books are
302	302	17 kept on a calendar basis, or within 6 months after the
303	303	18 close of its fiscal year if its books are kept on a fiscal
304	304	19 year basis, which shall include a financial statement
305	305	20 covering the immediately preceding 12-month period of
306	306	21 operation limited to a statement of such organization's
307	307	22 gross receipts from contributions, the gross amount
308	308	23 expended for charitable educational programs, other
309	309	24 charitable programs, management expense, and fund raising
310	310	25 expenses including a separate statement of the cost of any
311	311	26 goods, services, or admissions supplied as part of its
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322	322	1 solicitations, and the disposition of the net proceeds
323	323	2 from contributions, including compensation paid to
324	324	3 trustees, consistent with forms furnished by the Attorney
325	325	4 General. Such report shall also include a statement of any
326	326	5 changes in the information required to be contained in the
327	327	6 registration form filed on behalf of such organization.
328	328	7 The report shall be signed by the president or other
329	329	8 authorized officer and the chief fiscal officer of the
330	330	9 organization who shall certify that the statements therein
331	331	10 are true and correct to the best of their knowledge; or .
332	332	11 (3) in excess of $300,000, but not in excess of
333	333	12 $500,000, if it is not required to submit a report under
334	334	13 subsection (a), shall file a written report with the
335	335	14 Attorney General upon forms prescribed by the Attorney
336	336	15 General, on or before June 30 of each year if its books are
337	337	16 kept on a calendar basis, or within 6 months after the
338	338	17 close of its fiscal year if its books are kept on a fiscal
339	339	18 year basis, which written report shall include a financial
340	340	19 statement covering the immediately preceding 12-month
341	341	20 period of operation limited to a statement of such
342	342	21 organization's gross receipts from contributions, the
343	343	22 gross amount expended for charitable educational programs,
344	344	23 other charitable programs, management expense, and fund
345	345	24 raising expenses, including a separate statement of the
346	346	25 cost of any goods, services, or admissions supplied as
347	347	26 part of its solicitations, and the disposition of the net
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358	358	1 proceeds from contributions, including compensation paid
359	359	2 to trustees, consistent with forms furnished by the
360	360	3 Attorney General. Such report shall also include a
361	361	4 statement of any changes in the information required to be
362	362	5 contained in the registration form filed on behalf of such
363	363	6 organization. The report shall be signed by the president
364	364	7 or other authorized officer and the chief fiscal officer
365	365	8 of the organization who shall certify that the statements
366	366	9 therein are true and correct to the best of their
367	367	10 knowledge and shall be accompanied by reviewed financial
368	368	11 statements, including a report signed by an independent
369	369	12 certified public accountant stating that the independent
370	370	13 certified public accountant is not aware of any material
371	371	14 modifications that should be made to the financial
372	372	15 statements in order to permit public evaluation of its
373	373	16 operations. The report may be relied upon by the Attorney
374	374	17 General.
375	375	18 (c) For any fiscal or calendar year of any organization
376	376	19 registered pursuant to Section 2 of this Act in which such
377	377	20 organization would have been exempt from registration pursuant
378	378	21 to Section 3 of this Act if it had not been so registered, or
379	379	22 in which it did not solicit or receive contributions, such
380	380	23 organization shall file, on or before June 30 of each year if
381	381	24 its books are kept on a calendar basis, or within 6 months
382	382	25 after the close of its fiscal year if its books are kept on a
383	383	26 fiscal year basis, instead of the reports required by
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394	394	1 subdivisions (a) or (b) of this Section, a statement certified
395	395	2 under penalty of perjury by its president and chief fiscal
396	396	3 officer stating the exemption and the facts upon which it is
397	397	4 based or that such organization did not solicit or receive
398	398	5 contributions in such fiscal year. The statement shall also
399	399	6 include a statement of any changes in the information required
400	400	7 to be contained in the registration form filed on behalf of
401	401	8 such organization.
402	402	9 (d) As an alternative means of satisfying the duties and
403	403	10 obligations otherwise imposed by this Section, any veterans
404	404	11 organization chartered or incorporated under federal law and
405	405	12 any veterans organization which is affiliated with, and
406	406	13 recognized in the bylaws of, a congressionally chartered or
407	407	14 incorporated organization may, at its option, annually file
408	408	15 with the Attorney General the following documents:
409	409	16 (1) A copy of its Form 990, as filed with the Internal
410	410	17 Revenue Service.
411	411	18 (2) Copies of any reports required to be filed by the
412	412	19 affiliate with the congressionally chartered or
413	413	20 incorporated veterans organization, as well as copies of
414	414	21 any reports filed by the congressionally chartered or
415	415	22 incorporated veterans organization with the government of
416	416	23 the United States pursuant to federal law.
417	417	24 (3) Copies of all contracts entered into by the
418	418	25 congressionally chartered or incorporated veterans
419	419	26 organization or its affiliate for purposes of raising
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430	430	1 funds in this State, such copies to be filed with the
431	431	2 Attorney General no more than 30 days after execution of
432	432	3 the contracts.
433	433	4 (e) As an alternative means of satisfying all of the
434	434	5 duties and obligations otherwise imposed by this Section, any
435	435	6 person, pursuant to a contract with a charitable organization,
436	436	7 a veterans organization, or an affiliate described or referred
437	437	8 to in subsection (d), who receives, collects, holds, or
438	438	9 transports as the agent of the organization or affiliate for
439	439	10 purposes of resale any used or second hand personal property,
440	440	11 including, but not limited to, household goods, furniture, or
441	441	12 clothing donated to the organization or affiliate may, at its
442	442	13 option, annually file with the Attorney General the following
443	443	14 documents, accompanied by an annual filing fee of $15:
444	444	15 (1) A notarized report including the number of
445	445	16 donations of personal property it has received on behalf
446	446	17 of the charitable organization, veterans organization, or
447	447	18 affiliate during the preceding year. For purposes of this
448	448	19 report, the number of donations of personal property shall
449	449	20 refer to the number of stops or pickups made regardless of
450	450	21 the number of items received at each stop or pickup. The
451	451	22 report may cover the person's fiscal year, in which case
452	452	23 it shall be filed with the Attorney General no later than
453	453	24 90 days after the close of that fiscal year.
454	454	25 (2) All contracts with the charitable organization,
455	455	26 veterans organization, or affiliate under which the person
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466	466	1 has acted as an agent for the purposes listed above.
467	467	2 (3) All contracts by which the person agreed to pay
468	468	3 the charitable organization, veterans organization, or
469	469	4 affiliate a fixed amount for, or a fixed percentage of the
470	470	5 value of, each donation of used or second hand personal
471	471	6 property. Copies of all such contracts shall be filed no
472	472	7 later than 30 days after they are executed.
473	473	8 (f) The Attorney General may seek appropriate equitable
474	474	9 relief from a court, enter into a binding nonjudicial
475	475	10 settlement agreement, or or, in his discretion, cancel the
476	476	11 registration of any organization which fails to comply with
477	477	12 subsection subdivision (a), (b), or (c) of this Section within
478	478	13 the time therein prescribed, or fails to furnish such
479	479	14 additional information as is requested by the Attorney General
480	480	15 within the required time; except that the time may be extended
481	481	16 by the Attorney General for a period not to exceed 60 days upon
482	482	17 a timely written request and for good cause stated. Unless
483	483	18 otherwise stated herein, the Attorney General shall, by rule,
484	484	19 set forth the standards used to determine whether a
485	485	20 registration shall be cancelled as authorized by this
486	486	21 subsection. Such standards shall be stated as precisely and
487	487	22 clearly as practicable, to inform fully those persons
488	488	23 affected. Notice of such cancellation shall be mailed to the
489	489	24 registrant at least 15 days before the effective date thereof.
490	490	25 (g) The Attorney General in his or her discretion may,
491	491	26 pursuant to rule, accept executed copies of federal Internal
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502	502	1 Revenue returns and reports as a portion of the foregoing
503	503	2 annual reporting in the interest of minimizing paperwork,
504	504	3 except there shall be no substitute for the independent
505	505	4 certified public accountant audit opinion required by this
506	506	5 Act.
507	507	6 (h) The Attorney General after canceling the registration
508	508	7 of any trust or organization which fails to comply with this
509	509	8 Section within the time therein prescribed may by court
510	510	9 proceedings, in addition to all other relief, seek to collect
511	511	10 the assets and distribute such under court supervision to
512	512	11 other charitable purposes.
513	513	12 (h-5) The Attorney General, within a binding nonjudicial
514	514	13 settlement agreement, may accept a written assurance of
515	515	14 discontinuance of any method, act, or practice alleged to be a
516	516	15 violation of subsection (a), (b), or (c) from the person who
517	517	16 has engaged in the method, act, or practice. The Attorney
518	518	17 General may at any time reopen a matter in which an assurance
519	519	18 of discontinuance is accepted for further proceedings if the
520	520	19 Attorney General determines that reopening the matter is in
521	521	20 the public interest. Evidence of a violation of an assurance
522	522	21 of discontinuance is prima facie evidence of a violation of
523	523	22 this Act in any subsequent proceeding brought by the Attorney
524	524	23 General.
525	525	24 (i) Every trustee, person, and organization required to
526	526	25 file an annual report shall pay a filing fee of $15 with each
527	527	26 annual financial report filed pursuant to this Section. If a
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538	538	1 proper and complete annual report is not timely filed, a late
539	539	2 filing fee of an additional $100 is imposed and shall be paid
540	540	3 as a condition of filing a late report. Reports submitted
541	541	4 without the proper fee shall not be accepted for filing.
542	542	5 Payment of the late filing fee and acceptance by the Attorney
543	543	6 General shall both be conditions of filing a late report. All
544	544	7 late filing fees shall be used to provide charitable trust
545	545	8 enforcement and dissemination of charitable trust information
546	546	9 to the public and shall be maintained in a separate fund for
547	547	10 such purpose known as the Illinois Charity Bureau Fund.
548	548	11 (j) There is created hereby a separate special fund in the
549	549	12 State Treasury to be known as the Illinois Charity Bureau
550	550	13 Fund. That Fund shall be under the control of the Attorney
551	551	14 General, and the funds, fees, and penalties deposited therein
552	552	15 shall be used by the Attorney General to enforce the
553	553	16 provisions of this Act and to gather and disseminate
554	554	17 information about charitable trustees and organizations to the
555	555	18 public.
556	556	19 (k) The changes made to this Section by this amendatory
557	557	20 Act of the 103rd General Assembly are inoperative on and after
558	558	21 January 1, 2029.
559	559	22 (Source: P.A. 100-201, eff. 8-18-17.)
560	560	23 Section 99. Effective date. This Act takes effect January
561	561	24 1, 2024.
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