Full Text of SB1398 100th General Assembly
SB1398 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1398 Introduced 2/9/2017, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
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Amends the Department of Veterans Affairs Act. Makes a technical change in a Section concerning the Illinois Joining Forces Foundation.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Veterans Affairs Act is | 5 | | amended by changing Section 37 as follows: | 6 | | (20 ILCS 2805/37) | 7 | | Sec. 37. Illinois Joining Forces Foundation. | 8 | | (a) The General Assembly finds that that navigating the | 9 | | "sea of goodwill" for those who serve in uniform is one of the | 10 | | greatest challenges that transitioning veterans face; as a | 11 | | result, they risk being unable to access many of the federal, | 12 | | State, and non-profit resources available to them. Recognizing | 13 | | this problem, the Department of Veterans' Affairs and the | 14 | | Department of Military Affairs acted to establish the Illinois | 15 | | Joining Forces initiative, a public-private network of | 16 | | military and veteran-serving organizations that are working | 17 | | together, in person and online, to create a no-wrong-door | 18 | | system of support for the State's military and veteran | 19 | | communities. Illinois Joining Forces is a nation-leading | 20 | | model, awarded by the U.S. Department of Veterans Affairs and | 21 | | the National Association of State Directors of Veterans Affairs | 22 | | for its groundbreaking work in creating smarter, collaborative | 23 | | community support for those in uniform, past and present. The |
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| 1 | | foundation created by this amendatory Act of the 98th General | 2 | | Assembly will serve to ensure the long-term sustainability of | 3 | | Illinois Joining Forces, which is critically important for the | 4 | | support of the State's military and veteran communities. | 5 | | (b) The Illinois Joining Forces Foundation shall benefit | 6 | | service members, veterans, and their families by: | 7 | | (1) convening military and veteran support | 8 | | organizations, through Illinois Joining Forces working | 9 | | groups, to build cross-sector relationships and mutual | 10 | | awareness; | 11 | | (2) providing policy recommendations through Illinois | 12 | | Joining Forces member working groups to the Illinois | 13 | | Discharged Servicemember Task Force and the Illinois | 14 | | Veterans' Advisory Council; | 15 | | (3) facilitating the transfer of information and | 16 | | knowledge among Illinois Joining Forces member | 17 | | organizations; | 18 | | (4) maintaining and continuing to build the | 19 | | no-wrong-door online navigation platform; | 20 | | (5) educating Illinois Joining Forces members and | 21 | | other community providers regarding military and veteran | 22 | | culture and needs, thus improving the collective capacity | 23 | | of the support system; and | 24 | | (6) outreaching directly to service members, veterans, | 25 | | and their families regarding the no-wrong-door system that | 26 | | Illinois Joining Forces provides to them. |
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| 1 | | (c) For the purpose of this Section,
"veterans service | 2 | | organization" means an organization that meets all of the | 3 | | following criteria: | 4 | | (1) The organization is formed by and for United States | 5 | | military
veterans. | 6 | | (2) The organization is chartered by the United States | 7 | | Congress and
incorporated in the State of Illinois. | 8 | | (3) The organization has maintained a State | 9 | | headquarters office in
Illinois for the 10-year period | 10 | | immediately preceding the effective date of this | 11 | | amendatory Act of the 98th General Assembly. | 12 | | (4) The organization maintains at least one office in | 13 | | this State,
staffed by a veterans service officer. | 14 | | (5) The organization is capable of preparing a power of | 15 | | attorney
for a veteran and processing claims for veterans | 16 | | services. | 17 | | (6) The organization is not funded by the State of | 18 | | Illinois or by
any county in this State. | 19 | | (d) The General Assembly authorizes the Department of | 20 | | Veterans' Affairs, in accordance with Section 10 of the State | 21 | | Agency Entity Creation Act, to create the Illinois Joining | 22 | | Forces Foundation as a not-for-profit foundation. The | 23 | | Department shall file articles of incorporation as required | 24 | | under the General Not For Profit Corporation Act of 1986 to | 25 | | create the Foundation. The Foundation's Board of Directors | 26 | | shall be appointed as follows: one member appointed by the |
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| 1 | | Governor; one member appointed by the President of the Senate; | 2 | | one member appointed by the Minority Leader of the Senate; one | 3 | | member appointed by the Speaker of the House of | 4 | | Representatives; one member appointed by the Minority Leader of | 5 | | the House of Representatives; and all of the members of the | 6 | | Illinois Joining Forces Executive Committee, who shall be | 7 | | appointed by the Director of Veterans' Affairs. In addition to | 8 | | any veterans service organization otherwise represented on the | 9 | | Board of Directors, a veterans service organization may | 10 | | designate in writing an ex officio, non-voting participant to | 11 | | the Board of Directors. Any veterans service organization | 12 | | appointee under this Section does not count towards a quorum. | 13 | | The Director of Veterans' Affairs and a designee chosen by the | 14 | | Director of Military Affairs who is a senior management | 15 | | official of the Department of Military Affairs with the | 16 | | authority to make decisions on behalf of the agency shall serve | 17 | | as members of the Foundation's Board of Directors. Board of | 18 | | Director appointments shall be for 2-year terms. Vacancies | 19 | | shall be filled by the official who made the recommendation for | 20 | | the vacated appointment. No member of the Board of Directors | 21 | | may receive compensation for his or her services to the | 22 | | Foundation. Upon appointment, the Board of Directors, as | 23 | | members of a public entity, shall be represented and | 24 | | indemnified pursuant to the requirements of the State Employee | 25 | | Indemnification Act. | 26 | | (e) The purposes of the Foundation are to: promote, |
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| 1 | | support, assist, and sustain Illinois Joining Forces | 2 | | operations; solicit and accept grants and private donations and | 3 | | disburse them for the stated intent of the Foundation or the | 4 | | private donor; solicit and generate public and private funding | 5 | | and donations that assist in enhancing the Illinois Joining | 6 | | Forces mission, services, programs, and operations; and engage | 7 | | generally in other lawful endeavors consistent with the | 8 | | foregoing purposes. The foundation shall operate within the | 9 | | provisions of the General Not For Profit Corporation Act of | 10 | | 1986. | 11 | | (f) As soon as practicable after the Foundation is created, | 12 | | the Board of Directors shall meet, organize, and designate, by | 13 | | majority vote, a chairperson, a treasurer, a secretary, and any | 14 | | additional officers that may be needed to carry out the | 15 | | activities of the Foundation and shall adopt bylaws of the | 16 | | Foundation. The Department of Veterans' Affairs, in | 17 | | consultation with the Department of Military Affairs, may adopt | 18 | | other rules deemed necessary to govern Foundation procedures. | 19 | | (g) The Foundation may request and accept gifts, grants, | 20 | | donations, or bequests from the federal government or its | 21 | | agencies or officers or from any person, firm, or corporation, | 22 | | and may expend receipts on activities that it considers | 23 | | suitable to the performance of its duties under this Section | 24 | | and consistent with any requirement of the grant, gift, | 25 | | donation, or bequest. Funds collected by the Foundation shall | 26 | | be considered private funds and shall be held in an appropriate |
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| 1 | | account outside of the State treasury. Private funds collected | 2 | | by the Foundation are not subject to the Public Funds | 3 | | Investment Act. The treasurer of the Foundation shall be the | 4 | | custodian of all Foundation funds. The treasurer shall be | 5 | | required to obtain a fidelity or surety bond on satisfactory | 6 | | terms and in sufficient amounts to protect the interests of the | 7 | | Foundation, the cost of which shall be reimbursed by the | 8 | | Foundation. The Foundation and its officers shall be | 9 | | responsible for the approval of the recording of receipts, | 10 | | approval of payments, and the proper filing of required | 11 | | reports. The Foundation may be assisted in carrying out its | 12 | | functions by Department of Military Affairs and Department of | 13 | | Veterans' Affairs personnel. The Department of Military | 14 | | Affairs and the Department of Veterans' Affairs shall provide | 15 | | reasonable assistance to the Foundation to achieve the purposes | 16 | | of the Foundation as determined by the respective Directors. | 17 | | The Foundation shall cooperate fully with the boards, | 18 | | commissions, agencies, departments, and institutions of the | 19 | | State. The funds held and made available by the Illinois | 20 | | Joining Forces Foundation shall be subject to financial and | 21 | | compliance audits in accordance with the Illinois State | 22 | | Auditing Act. The Foundation shall not have any power of | 23 | | eminent domain. The Foundation shall not construct or make any | 24 | | permanent improvements to any real property. | 25 | | (h) The Foundation must provide a written notice to any | 26 | | entity providing a gift, grant, donation, or bequest to the |
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| 1 | | Foundation that the Foundation is not subject to the provisions | 2 | | of the Public Funds Investment Act, which Act places | 3 | | limitations on the types of securities in which a public agency | 4 | | may invest public funds.
| 5 | | (i) Notwithstanding any law to the contrary, the Foundation | 6 | | is not eligible for any grant administered or funded by the | 7 | | Department of Veterans' Affairs or the Department of Military | 8 | | Affairs.
| 9 | | (Source: P.A. 98-986, eff. 8-18-14.)
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