Illinois General Assembly - Full Text of HB2369
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Full Text of HB2369  102nd General Assembly

HB2369ham002 102ND GENERAL ASSEMBLY

Rep. Stephanie A. Kifowit

Filed: 4/12/2021

 

 


 

 


 
10200HB2369ham002LRB102 11696 KTG 24869 a

1
AMENDMENT TO HOUSE BILL 2369

2    AMENDMENT NO. ______. Amend House Bill 2369 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Veterans' Affairs Act is
5amended 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 navigating the "sea of
9goodwill" for those who serve in uniform is one of the greatest
10challenges that transitioning veterans face; as a result, they
11risk being unable to access many of the federal, State, and
12non-profit resources available to them. Recognizing this
13problem, the Department of Veterans' Affairs and the
14Department of Military Affairs acted to establish the Illinois
15Joining Forces initiative, a public-private network of
16military and veteran-serving organizations that are working

 

 

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1together, in person and online, to create a no-wrong-door
2system of support for the State's military and veteran
3communities. Illinois Joining Forces is a nation-leading
4model, awarded by the U.S. Department of Veterans Affairs and
5the National Association of State Directors of Veterans
6Affairs for its groundbreaking work in creating smarter,
7collaborative community support for those in uniform, past and
8present. The foundation created by this amendatory Act of the
998th General Assembly will serve to ensure the long-term
10sustainability of Illinois Joining Forces, which is critically
11important for the support of the State's military and veteran
12communities.
13    (b) The Illinois Joining Forces Foundation shall benefit
14service members, veterans, and their families by:
15        (1) convening military and veteran support
16    organizations, through Illinois Joining Forces working
17    groups, to build cross-sector relationships and mutual
18    awareness;
19        (2) providing policy recommendations through Illinois
20    Joining Forces member working groups to the Illinois
21    Veterans' Advisory Council;
22        (3) facilitating the transfer of information and
23    knowledge among Illinois Joining Forces member
24    organizations;
25        (4) maintaining and continuing to build the
26    no-wrong-door online navigation platform;

 

 

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1        (3) (5) educating Illinois Joining Forces members and
2    other community providers regarding military and veteran
3    culture and needs, thus improving the collective capacity
4    of the support system; and
5        (4) (6) outreaching directly to service members,
6    veterans, and their families regarding the no-wrong-door
7    system of support that Illinois Joining Forces provides to
8    them.
9    (c) For the purpose of this Section, "veterans service
10organization" means an organization that meets all of the
11following criteria:
12        (1) The organization is formed by and for United
13    States military veterans.
14        (2) The organization is chartered by the United States
15    Congress and incorporated in the State of Illinois.
16        (3) The organization has maintained a State
17    headquarters office in Illinois for the 10-year period
18    immediately preceding the effective date of this
19    amendatory Act of the 98th General Assembly.
20        (4) The organization maintains at least one office in
21    this State, staffed by a veterans service officer.
22        (5) The organization is capable of preparing a power
23    of attorney for a veteran and processing claims for
24    veterans services.
25        (6) The organization is not funded by the State of
26    Illinois or by any county in this State.

 

 

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1    (d) The General Assembly authorizes the Department of
2Veterans' Affairs, in accordance with Section 10 of the State
3Agency Entity Creation Act, to create the Illinois Joining
4Forces Foundation as a not-for-profit foundation. The
5Department shall file articles of incorporation as required
6under the General Not For Profit Corporation Act of 1986 to
7create the Foundation.
8    The Foundation's Board of Directors shall be appointed as
9follows: one member appointed by the Governor; one member
10appointed by the President of the Senate; one member appointed
11by the Minority Leader of the Senate; one member appointed by
12the Speaker of the House of Representatives; and one member
13appointed by the Minority Leader of the House of
14Representatives; and all of the members of the Illinois
15Joining Forces Executive Committee, who shall be appointed by
16the Director of Veterans' Affairs.
17    The Foundation may also include up to 18 additional voting
18members of the Board of Directors: 9 members to be nominated
19and approved by the Board of Directors according to the
20Foundation's bylaws, and 9 members to be appointed by the
21Director of Veterans' Affairs or the Director of Military
22Affairs. The Board shall have an equal number of board or
23department appointed members. To ensure parity, no additional
24nominee may be considered by the Board of Directors unless a
25like appointment is made by the Department of Veterans'
26Affairs or the Department of Military Affairs, and vice versa.

 

 

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1     In addition to any veterans service organization
2otherwise represented on the Board of Directors, a veterans
3service organization may designate in writing an ex officio,
4non-voting participant to the Board of Directors. Any veterans
5service organization appointee under this provision Section
6does not count towards a quorum.
7    The Director of Veterans' Affairs, or the Director's
8designee, and a designee chosen by the Director of Military
9Affairs who is a senior management official of the Department
10of Military Affairs with the authority to make decisions on
11behalf of the agency shall serve as members of the
12Foundation's Board of Directors. Board of Director
13appointments shall be for 2-year terms. Vacancies shall be
14filled by the official who made the statutory appointment
15recommendation for the vacated appointment. No member of the
16Board of Directors may receive compensation for his or her
17services to the Foundation. Upon appointment, the Board of
18Directors, as members of a public entity, shall be represented
19and indemnified pursuant to the requirements of the State
20Employee Indemnification Act.
21    (e) The purposes of the Foundation are to: promote,
22support, assist, and sustain Illinois Joining Forces
23operations; solicit and accept grants and private donations
24and disburse them for the stated intent of the Foundation or
25the private donor; solicit and generate public and private
26funding and donations that assist in enhancing the Illinois

 

 

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1Joining Forces mission, services, programs, and operations;
2and engage generally in other lawful endeavors consistent with
3the foregoing purposes. The foundation shall operate within
4the provisions of the General Not For Profit Corporation Act
5of 1986.
6    (f) The As soon as practicable after the Foundation is
7created, the Board of Directors shall meet, organize, and
8designate, by majority vote, a chairperson, a treasurer, a
9secretary, and any additional officers that may be needed to
10carry out the activities of the Foundation and shall adopt
11bylaws of the Foundation. In consultation with the
12Foundation's Board of Directors, the Department of Veterans'
13Affairs or the Department of Military Affairs may adopt other
14rules deemed necessary to govern Foundation procedures. The
15Department of Veterans' Affairs, in consultation with the
16Department of Military Affairs, may adopt other rules deemed
17necessary to govern Foundation procedures.
18    (g) The Foundation may request and accept gifts, grants,
19donations, or bequests from the federal government or its
20agencies or officers or from any person, firm, or corporation,
21and may expend receipts on activities that it considers
22suitable to the performance of its duties under this Section
23and consistent with any requirement of the grant, gift,
24donation, or bequest. Funds collected by the Foundation shall
25be considered private funds and shall be held in an
26appropriate account outside of the State treasury. Private

 

 

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1funds collected by the Foundation are not subject to the
2Public Funds Investment Act. The treasurer of the Foundation
3shall be the custodian of all Foundation funds. The treasurer
4shall be required to obtain a fidelity or surety bond on
5satisfactory terms and in sufficient amounts to protect the
6interests of the Foundation, the cost of which shall be
7reimbursed by the Foundation. The Foundation and its officers
8shall be responsible for the approval of the recording of
9receipts, approval of payments, and the proper filing of
10required reports. The Foundation may be assisted in carrying
11out its functions by Department of Military Affairs personnel
12and may be assisted in carrying out its functions by
13Department of Veterans' Affairs personnel, including, but not
14limited to, legal professionals. The Foundation may receive
15administrative support including, but not limited to, legal
16professionals or additionally agreed upon support as needed or
17requested, from either Department. The Department of Military
18Affairs and the Department of Veterans' Affairs shall provide
19reasonable assistance to the Foundation to achieve the
20purposes of the Foundation as determined by the respective
21Directors. The Foundation shall cooperate fully with the
22boards, commissions, agencies, departments, and institutions
23of the State. The funds held and made available by the Illinois
24Joining Forces Foundation shall be subject to financial and
25compliance audits in accordance with the Illinois State
26Auditing Act. The Foundation shall not have any power of

 

 

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1eminent domain. The Foundation shall not construct or make any
2permanent improvements to any real property.
3    (h) The Foundation must provide a written notice to any
4entity providing a gift, grant, donation, or bequest to the
5Foundation that the Foundation is not subject to the
6provisions of the Public Funds Investment Act, which Act
7places limitations on the types of securities in which a
8public agency may invest public funds.
9    (i) Notwithstanding any law to the contrary, the
10Foundation is not eligible for any grant administered or
11funded by the Department of Veterans' Affairs or the
12Department of Military Affairs, but may receive services,
13including, but not limited to, contractual services, provided
14by either Department.
15(Source: P.A. 100-10, eff. 6-30-17.)".