Illinois 2023-2024 Regular Session

Illinois House Bill HB0925 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0405
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3	2		HB0925 Enrolled LRB103 04531 KTG 49537 b
4		-	AN ACT concerning military service.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 1. Short title. This Act may be cited as the
8		-	Veteran Service Organizations State Charter Act.
9		-	Section 5. State charter. A veteran service organization
10		-	shall be considered state chartered when the organization
11		-	meets all of the requirements listed in this Act and the
12		-	organization's application for state charter status has been
13		-	approved by the Attorney General. Upon approval, the Attorney
14		-	General shall issue a letter granting state charter status to
15		-	the organization.
16		-	Section 10. Granting of state charter status. The Attorney
17		-	General shall grant state charter status to any organization
18		-	that has demonstrated that all requirements for obtaining
19		-	state charter status have been met.
20		-	Section 15. State charter requirements. To qualify for
21		-	state charter status, a veteran service organization must:
22		-	(1)(A) Have been formed by and for veterans, have a
23		-	board where a majority of its members are veterans, and
24		-	have annual expenditures that demonstrate that a majority
	3	+	1 AN ACT concerning military service.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 1. Short title. This Act may be cited as the
	7	+	5 Veteran Service Organizations State Charter Act.
	8	+	6 Section 5. State charter. A veteran service organization
	9	+	7 shall be considered state chartered when the organization
	10	+	8 meets all of the requirements listed in this Act and the
	11	+	9 organization's application for state charter status has been
	12	+	10 approved by the Attorney General. Upon approval, the Attorney
	13	+	11 General shall issue a letter granting state charter status to
	14	+	12 the organization.
	15	+	13 Section 10. Granting of state charter status. The Attorney
	16	+	14 General shall grant state charter status to any organization
	17	+	15 that has demonstrated that all requirements for obtaining
	18	+	16 state charter status have been met.
	19	+	17 Section 15. State charter requirements. To qualify for
	20	+	18 state charter status, a veteran service organization must:
	21	+	19 (1)(A) Have been formed by and for veterans, have a
	22	+	20 board where a majority of its members are veterans, and
	23	+	21 have annual expenditures that demonstrate that a majority
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31		-	of the organization's expenses reflect support for
32		-	veterans; or (B) have a paid membership of at least 15
33		-	individuals and be associated with a congressionally
34		-	chartered organization.
35		-	(2) Possess tax-exempt status from the Internal
36		-	Revenue Service either under Section 501(c)(3) or Section
37		-	501(c)(19) of the Internal Revenue Code and have the
38		-	primary charitable purpose of providing service or
39		-	assistance to veterans, their spouses, or their
40		-	dependents.
41		-	(3) Possess a current certificate of good standing as
42		-	an Illinois registered not-for-profit organization from
43		-	the Secretary of State.
44		-	(4) Obtain and maintain ongoing registration and
45		-	compliance under the Charitable Trust Act with the
46		-	Charitable Trust Bureau of the Attorney General's Office
47		-	or substantiation for an exemption.
48		-	(5) For organizations with veteran service officers,
49		-	demonstrate that each veteran service officer possesses a
50		-	valid U.S. Department of Veterans Affairs accreditation or
51		-	that such accreditation is pending.
52		-	(6) Comply with the methods and criteria set forth
53		-	under Section 9 of the Military Veterans Assistance Act if
54		-	the veteran service organization has delegates and
55		-	alternates or is in the process of selecting and
56		-	submitting delegates and alternates to a county Veterans
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	32	+	1 of the organization's expenses reflect support for
	33	+	2 veterans; or (B) have a paid membership of at least 15
	34	+	3 individuals and be associated with a congressionally
	35	+	4 chartered organization.
	36	+	5 (2) Possess tax-exempt status from the Internal
	37	+	6 Revenue Service either under Section 501(c)(3) or Section
	38	+	7 501(c)(19) of the Internal Revenue Code and have the
	39	+	8 primary charitable purpose of providing service or
	40	+	9 assistance to veterans, their spouses, or their
	41	+	10 dependents.
	42	+	11 (3) Possess a current certificate of good standing as
	43	+	12 an Illinois registered not-for-profit organization from
	44	+	13 the Secretary of State.
	45	+	14 (4) Obtain and maintain ongoing registration and
	46	+	15 compliance under the Charitable Trust Act with the
	47	+	16 Charitable Trust Bureau of the Attorney General's Office
	48	+	17 or substantiation for an exemption.
	49	+	18 (5) For organizations with veteran service officers,
	50	+	19 demonstrate that each veteran service officer possesses a
	51	+	20 valid U.S. Department of Veterans Affairs accreditation or
	52	+	21 that such accreditation is pending.
	53	+	22 (6) Comply with the methods and criteria set forth
	54	+	23 under Section 9 of the Military Veterans Assistance Act if
	55	+	24 the veteran service organization has delegates and
	56	+	25 alternates or is in the process of selecting and
	57	+	26 submitting delegates and alternates to a county Veterans
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59		-	Assistance Commission at the time of application for State
60		-	charter status.
61		-	Section 20. Application for state charter status. A
62		-	veteran service organization may submit an application for
63		-	state charter status to the Attorney General. All supporting
64		-	documentation demonstrating that each of the requirements
65		-	listed in this Act have been met shall be provided with the
66		-	application.
67		-	Section 25. Attestation of compliance. Any application for
68		-	state charter status shall include the following statement, on
69		-	organizational letterhead and signed by all officers: "All
70		-	officers for (insert lawful organizational name) do hereby
71		-	attest that all requirements for a state charter have been
72		-	met, that there are no past or ongoing enforcement actions or
73		-	lawsuits against the organization or any of its officers for
74		-	violations or suspected violations of the Consumer Fraud and
75		-	Deceptive Business Practices Act, or the Military Veterans
76		-	Assistance Act, and that we will notify the Attorney General
77		-	within 30 days if, at any point, the organization no longer
78		-	meets one or more of the requirements for state charter
79		-	status."
80		-	Section 30. Denial of state charter. The Attorney General
81		-	shall deny an application for state charter status to any
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84		-	organization that does not meet all the requirements for state
85		-	charter status in Section 15. Any organization whose state
86		-	charter application has been denied may resubmit that
87		-	application once all deficiencies have been corrected.
88		-	Section 35. Duration of state charter status. State
89		-	charter status shall be valid for 3 years. A veteran service
90		-	organization must reapply for state charter status at least
91		-	120 days prior to the expiration of its current state charter
92		-	status.
93		-	Section 40. Revocation. If the Attorney General is made
94		-	aware, either through notification as provided in Section 30
95		-	or through other information or evidence, that an organization
96		-	that has been granted state charter status no longer meets one
97		-	or more of the requirements of Section 15, the Attorney
98		-	General may revoke the state charter status. Nothing in this
99		-	Section is intended to take away or limit any powers of the
100		-	Attorney General under common law or other statutory law, and
101		-	the Attorney General may, in his or her sole discretion,
102		-	request that a court revoke state charter status based on
103		-	other conduct not specifically listed in this Section.
104		-	Section 45. Publication of state chartered veteran service
105		-	organizations. The Attorney General shall maintain a publicly
106		-	accessible list of state chartered veteran service
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109		-	organizations.
110		-	Section 50. Violation; remedies. It is a violation of
111		-	Section 9 of the Military Veterans Assistance Act for any
112		-	person, group, or entity to assert state charter status where
113		-	such status has not been granted in accordance with this Act or
114		-	where such status has been revoked. In addition to any other
115		-	remedies, a court may assess a civil penalty not to exceed
116		-	$5,000 for each violation of this Act.
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	68	+	1 Assistance Commission at the time of application for State
	69	+	2 charter status.
	70	+	3 Section 20. Application for state charter status. A
	71	+	4 veteran service organization may submit an application for
	72	+	5 state charter status to the Attorney General. All supporting
	73	+	6 documentation demonstrating that each of the requirements
	74	+	7 listed in this Act have been met shall be provided with the
	75	+	8 application.
	76	+	9 Section 25. Attestation of compliance. Any application for
	77	+	10 state charter status shall include the following statement, on
	78	+	11 organizational letterhead and signed by all officers: "All
	79	+	12 officers for (insert lawful organizational name) do hereby
	80	+	13 attest that all requirements for a state charter have been
	81	+	14 met, that there are no past or ongoing enforcement actions or
	82	+	15 lawsuits against the organization or any of its officers for
	83	+	16 violations or suspected violations of the Consumer Fraud and
	84	+	17 Deceptive Business Practices Act, or the Military Veterans
	85	+	18 Assistance Act, and that we will notify the Attorney General
	86	+	19 within 30 days if, at any point, the organization no longer
	87	+	20 meets one or more of the requirements for state charter
	88	+	21 status."
	89	+	22 Section 30. Denial of state charter. The Attorney General
	90	+	23 shall deny an application for state charter status to any
	91	+
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	101	+	1 organization that does not meet all the requirements for state
	102	+	2 charter status in Section 15. Any organization whose state
	103	+	3 charter application has been denied may resubmit that
	104	+	4 application once all deficiencies have been corrected.
	105	+	5 Section 35. Duration of state charter status. State
	106	+	6 charter status shall be valid for 3 years. A veteran service
	107	+	7 organization must reapply for state charter status at least
	108	+	8 120 days prior to the expiration of its current state charter
	109	+	9 status.
	110	+	10 Section 40. Revocation. If the Attorney General is made
	111	+	11 aware, either through notification as provided in Section 30
	112	+	12 or through other information or evidence, that an organization
	113	+	13 that has been granted state charter status no longer meets one
	114	+	14 or more of the requirements of Section 15, the Attorney
	115	+	15 General may revoke the state charter status. Nothing in this
	116	+	16 Section is intended to take away or limit any powers of the
	117	+	17 Attorney General under common law or other statutory law, and
	118	+	18 the Attorney General may, in his or her sole discretion,
	119	+	19 request that a court revoke state charter status based on
	120	+	20 other conduct not specifically listed in this Section.
	121	+	21 Section 45. Publication of state chartered veteran service
	122	+	22 organizations. The Attorney General shall maintain a publicly
	123	+	23 accessible list of state chartered veteran service
	124	+
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	134	+	1 organizations.
	135	+	2 Section 50. Violation; remedies. It is a violation of
	136	+	3 Section 9 of the Military Veterans Assistance Act for any
	137	+	4 person, group, or entity to assert state charter status where
	138	+	5 such status has not been granted in accordance with this Act or
	139	+	6 where such status has been revoked. In addition to any other
	140	+	7 remedies, a court may assess a civil penalty not to exceed
	141	+	8 $5,000 for each violation of this Act.
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