225 ILCS 460/1
§ 225 ILCS 460/1. [Definitions]
Sec. 1.
The following words and phrases as used in this Act shall have the following meanings unless a
different meaning is required by the context.
(a)
"Charitable organization." Any benevolent, philanthropic, patriotic, or eleemosynary person or one
purporting to be such which solicits and collects funds for charitable purposes and includes each local,
county, or area division within this State of such charitable organization, provided such local, county or
area division has authority and discretion to disburse funds or property otherwise than by transfer to any
parent organization.
(b)
"Contribution." The promise or grant of any money or property of any kind or value, including the promise
to pay, except payments by union members of an organization. Reference to the dollar amount of "contributions"
in this Act means in the case of promises to pay, or payments for merchandise or rights of any other
description, the value of the total amount promised to be paid or paid for such merchandise or rights and not
merely that portion of the purchase price to be applied to a charitable purpose. Contribution shall not
include the proceeds from the sale of admission tickets by any not-for-profit music or dramatic arts
organization which establishes, by such proof as the Attorney General may require, that it has received an
exemption under Section 501(c)(3) of the Internal Revenue Code [26 U.S.C. § 501 et seq.] and which is
organized and operated for the presentation of live public performances of musical or theatrical works on a
regular basis. For purposes of this subsection, union member dues and donated services shall not be deemed
contributions.
(c)
"Person." Any individual, organization, group, association, partnership, corporation, trust or any
combination of them.
(d)
"Professional fund raiser." Any person who for compensation or other consideration, conducts, manages, or
carries on any solicitation drive or campaign in this State or from this State or on behalf of a charitable
organization residing within this State for the purpose of soliciting contributions for or on behalf of any
charitable organization or any other person, or who engages in the business of, or holds himself out to
persons in this State as independently engaged in the business of soliciting contributions for such purposes.
A bona fide director, officer, employee or unpaid volunteer of a charitable organization shall not be deemed a
professional fund raiser unless the person is in a management position and the majority of the individual's
salary or other compensation is computed on a percentage basis of funds to be raised, or actually raised.
(e)
"Professional fund raising consultant." Any person who is retained by a charitable organization or trustee
for a fixed fee or rate that is not computed on a percentage of funds to be raised, or actually raised, under
a written agreement, to only plan, advise, consult, or prepare materials for a solicitation of contributions
in this State, but who does not manage, conduct or carry on a fundraising campaign and who does not solicit
contributions or employ, procure, or engage any compensated person to solicit contributions and who does not
at any time have custody or control of contributions. A volunteer, employee or salaried officer of a
charitable organization or trustee maintaining a permanent establishment or office in this State is not a
professional fundraising consultant. An attorney, investment counselor, or banker who advises an individual,
corporation or association to make a charitable contribution is not a professional fundraising consultant as a
result of the advice.
(f)
"Charitable purpose." Any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose.
(g)
"Charitable Trust" means any relationship whereby property is held by a person for a charitable purpose.
(h)
"Education Program Service" means any activity which provides information to the public of a nature that
is not commonly known or facts which are not universally regarded as obvious or as established by common
understanding and which informs the public of what it can or should do about a particular issue.
(i)
"Primary Program Service" means the program service upon which an organization spends more than 50% of its
program service funds or the program activity which represents the largest expenditure of funds in the fiscal
period.
(j)
"Professional solicitor" means any natural person who is employed or retained for compensation by a
professional fund raiser to solicit contributions for charitable purposes from persons in this State or from
this State or on behalf of a charitable organization residing within this State.
(k)
"Program Service Activity" means the actual charitable program activities of a charitable organization for
which it expends its resources.
(l)
"Program Service Expense" means the expenses of charitable program activity and not management expenses or
fund raising expenses. In determining Program Service Expense, management and fund raising expenses may not be
included.
(m)
"Public Safety Personnel Organization" means any person who uses any of the words "officer", "police",
"policeman", "policemen", "troopers", "sheriff", "law enforcement", "fireman", "firemen", "paramedic", or
similar words in its name or in conjunction with solicitations, or in the title or name of a magazine,
newspaper, periodical, advertisement book, or any other medium of electronic or print publication, and is not
a governmental entity. No organization may be a Public Safety Personnel Organization unless 80% or more of
its voting members or trustees are active, retired, or disabled police officers, peace officers, firemen, fire
fighters, emergency medical technicians -- ambulance, emergency medical technicians -- intermediate, emergency
medical technicians -- paramedic, ambulance drivers, or other medical assistance or first aid personnel.
(m-5) "Public Safety Personnel" includes police officers, peace officers, firemen, fire fighters, emergency
medical technicians -- ambulance, emergency medical technicians -- intermediate, emergency medical technicians
-- paramedic, ambulance drivers, and other medical assistance or first aid personnel.
(n)
"Trustee" means any person, individual, group of individuals, association, corporation, not for profit
corporation, or other legal entity holding property for or solicited for any charitable purpose; or any
officer, director, executive director or other controlling persons of a corporation soliciting or holding
property for a charitable purpose
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