| ||||
| Public Act 103-0405 | ||||
| ||||
| ||||
AN ACT concerning military service.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 1. Short title. This Act may be cited as the | ||||
Veteran Service Organizations State Charter Act. | ||||
Section 5. State charter. A veteran service organization | ||||
shall be considered state chartered when the organization | ||||
meets all of the requirements listed in this Act and the | ||||
organization's application for state charter status has been | ||||
approved by the Attorney General. Upon approval, the Attorney | ||||
General shall issue a letter granting state charter status to | ||||
the organization. | ||||
Section 10. Granting of state charter status. The Attorney | ||||
General shall grant state charter status to any organization | ||||
that has demonstrated that all requirements for obtaining | ||||
state charter status have been met. | ||||
Section 15. State charter requirements. To qualify for | ||||
state charter status, a veteran service organization must: | ||||
(1)(A) Have been formed by and for veterans, have a
| ||||
board where a majority of its members are veterans, and | ||||
have annual expenditures that demonstrate
that a majority | ||||
of the organization's expenses reflect support for | ||
veterans;
or (B) have a paid membership of at least 15 | ||
individuals
and be associated with a congressionally | ||
chartered
organization. | ||
(2) Possess tax-exempt status from the Internal | ||
Revenue Service either under Section 501(c)(3) or Section | ||
501(c)(19) of the Internal Revenue Code and have the | ||
primary charitable purpose of providing service or | ||
assistance to veterans, their spouses, or their | ||
dependents. | ||
(3) Possess a current certificate of good standing as | ||
an Illinois registered not-for-profit organization from | ||
the Secretary of State. | ||
(4) Obtain and maintain ongoing registration and | ||
compliance under the Charitable Trust Act with the | ||
Charitable Trust Bureau of the Attorney General's Office | ||
or substantiation for an exemption. | ||
(5) For organizations with veteran service officers, | ||
demonstrate that each veteran service officer possesses a | ||
valid U.S. Department of Veterans Affairs accreditation or | ||
that such accreditation is pending. | ||
(6) Comply with the methods and criteria set forth | ||
under Section 9 of the Military Veterans Assistance Act if | ||
the veteran service organization has delegates and | ||
alternates or is in the process of selecting and | ||
submitting delegates and alternates to a county Veterans | ||
Assistance Commission at the time of application for State | ||
charter status. | ||
Section 20. Application for state charter status. A | ||
veteran service organization may submit an application for | ||
state charter status to the Attorney General. All supporting | ||
documentation demonstrating that each of the requirements | ||
listed in this Act have been met shall be provided with the | ||
application. | ||
Section 25. Attestation of compliance. Any application for | ||
state charter status shall include the following statement, on | ||
organizational letterhead and signed by all officers: "All | ||
officers for (insert lawful organizational name) do hereby | ||
attest that all requirements for a state charter have been | ||
met, that there are no past or ongoing enforcement actions or | ||
lawsuits against the organization or any of its officers for | ||
violations or suspected violations of the Consumer Fraud and | ||
Deceptive Business Practices Act, or the Military Veterans | ||
Assistance Act, and that we will notify the Attorney General | ||
within 30 days if, at any point, the organization no longer | ||
meets one or more of the requirements for state charter | ||
status." | ||
Section 30. Denial of state charter. The Attorney General | ||
shall deny an application for state charter status to any | ||
organization that does not meet all the requirements for state | ||
charter status in Section 15. Any organization whose state | ||
charter application has been denied may resubmit that | ||
application once all deficiencies have been corrected. | ||
Section 35. Duration of state charter status. State | ||
charter status shall be valid for 3 years. A veteran service | ||
organization must reapply for state charter status at least | ||
120 days prior to the expiration of its current state charter | ||
status. | ||
Section 40. Revocation. If the Attorney General is made | ||
aware, either through notification as provided in Section 30 | ||
or through other information or evidence, that an organization | ||
that has been granted state charter status no longer meets one | ||
or more of the requirements of Section 15, the Attorney | ||
General may revoke the state charter status. Nothing in this | ||
Section is intended to take away or limit any powers of the | ||
Attorney General under common law or other statutory law, and | ||
the Attorney General may, in his or her sole discretion, | ||
request that a court revoke state charter status based on | ||
other conduct not specifically listed in this Section. | ||
Section 45. Publication of state chartered veteran service | ||
organizations. The Attorney General shall maintain a publicly | ||
accessible list of state chartered veteran service | ||
organizations. | ||
Section 50. Violation; remedies. It is a violation of | ||
Section 9 of the Military Veterans Assistance Act for any | ||
person, group, or entity to assert state charter status where | ||
such status has not been granted in accordance with this Act or | ||
where such status has been revoked. In addition to any other | ||
remedies, a court may assess a civil penalty not to exceed | ||
$5,000 for each violation of this Act.
| ||