Full Text of HB0925 103rd General Assembly
HB0925sam002 103RD GENERAL ASSEMBLY | Sen. Mike Porfirio Filed: 5/4/2023
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| 1 | | AMENDMENT TO HOUSE BILL 925
| 2 | | AMENDMENT NO. ______. Amend House Bill 925, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Veteran Service Organizations State Charter Act. | 7 | | Section 5. State charter. A veteran service organization | 8 | | shall be considered state chartered when the organization | 9 | | meets all of the requirements listed in this Act and the | 10 | | organization's application for state charter status has been | 11 | | approved by the Attorney General. Upon approval, the Attorney | 12 | | General shall issue a letter granting state charter status to | 13 | | the organization. | 14 | | Section 10. Granting of state charter status. The Attorney | 15 | | General shall grant state charter status to any organization |
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| 1 | | that has demonstrated that all requirements for obtaining | 2 | | state charter status have been met. | 3 | | Section 15. State charter requirements. To qualify for | 4 | | state charter status, a veteran service organization must: | 5 | | (1)(A) Have been formed by and for veterans, have a
| 6 | | board where a majority of its members are veterans, and | 7 | | have annual expenditures that demonstrate
that a majority | 8 | | of the organization's expenses reflect support for | 9 | | veterans;
or (B) have a paid membership of at least 15 | 10 | | individuals
and be associated with a congressionally | 11 | | chartered
organization. | 12 | | (2) Possess tax-exempt status from the Internal | 13 | | Revenue Service either under Section 501(c)(3) or Section | 14 | | 501(c)(19) of the Internal Revenue Code and have the | 15 | | primary charitable purpose of providing service or | 16 | | assistance to veterans, their spouses, or their | 17 | | dependents. | 18 | | (3) Possess a current certificate of good standing as | 19 | | an Illinois registered not-for-profit organization from | 20 | | the Secretary of State. | 21 | | (4) Obtain and maintain ongoing registration and | 22 | | compliance under the Charitable Trust Act with the | 23 | | Charitable Trust Bureau of the Attorney General's Office | 24 | | or substantiation for an exemption. | 25 | | (5) For organizations with veteran service officers, |
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| 1 | | demonstrate that each veteran service officer possesses a | 2 | | valid U.S. Department of Veterans Affairs accreditation or | 3 | | that such accreditation is pending. | 4 | | (6) Comply with the methods and criteria set forth | 5 | | under Section 9 of the Military Veterans Assistance Act | 6 | | when selecting delegates and alternates for a county | 7 | | Veterans Assistance Commission. | 8 | | Section 20. Application for state charter status. A | 9 | | veteran service organization may submit an application for | 10 | | state charter status to the Attorney General. All supporting | 11 | | documentation demonstrating that each of the requirements | 12 | | listed in this Act have been met shall be provided with the | 13 | | application. | 14 | | Section 25. Attestation of compliance. Any application for | 15 | | state charter status shall include the following statement, on | 16 | | organizational letterhead and signed by all officers: "All | 17 | | officers for (insert lawful organizational name) do hereby | 18 | | attest that all requirements for a state charter have been | 19 | | met, that there are no past or ongoing enforcement actions or | 20 | | lawsuits against the organization or any of its officers for | 21 | | violations or suspected violations of the Consumer Fraud and | 22 | | Deceptive Business Practices Act, or the Military Veterans | 23 | | Assistance Act, and that we will notify the Attorney General | 24 | | within 30 days if, at any point, the organization no longer |
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| 1 | | meets one or more of the requirements for state charter | 2 | | status." | 3 | | Section 30. Denial of state charter. The Attorney General | 4 | | shall deny an application for state charter status to any | 5 | | organization that does not meet all the requirements for state | 6 | | charter status in Section 15. Any organization whose state | 7 | | charter application has been denied may resubmit that | 8 | | application once all deficiencies have been corrected. | 9 | | Section 35. Duration of state charter status. State | 10 | | charter status shall be valid for 3 years. A veteran service | 11 | | organization must reapply for state charter status at least | 12 | | 120 days prior to the expiration of its current state charter | 13 | | status. | 14 | | Section 40. Revocation. If the Attorney General is made | 15 | | aware, either through notification as provided in Section 30 | 16 | | or through other information or evidence, that an organization | 17 | | that has been granted state charter status no longer meets one | 18 | | or more of the requirements of Section 15, the Attorney | 19 | | General may revoke the state charter status. Nothing in this | 20 | | Section is intended to take away or limit any powers of the | 21 | | Attorney General under common law or other statutory law, and | 22 | | the Attorney General may, in his or her sole discretion, | 23 | | request that a court revoke state charter status based on |
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| 1 | | other conduct not specifically listed in this Section. | 2 | | Section 45. Publication of state chartered veteran service | 3 | | organizations. The Attorney General shall maintain a publicly | 4 | | accessible list of state chartered veteran service | 5 | | organizations. | 6 | | Section 50. Violation; remedies. It is a violation of | 7 | | Section 9 of the Military Veterans Assistance Act for any | 8 | | person, group, or entity to assert state charter status where | 9 | | such status has not been granted in accordance with this Act or | 10 | | where such status has been revoked. In addition to any other | 11 | | remedies, a court may assess a civil penalty not to exceed | 12 | | $5,000 for each violation of this Act.".
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