Illinois General Assembly - Full Text of HB0925
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Full Text of HB0925  103rd General Assembly




HB0925 EnrolledLRB103 04531 KTG 49537 b

1    AN ACT concerning military service.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Veteran Service Organizations State Charter Act.
6    Section 5. State charter. A veteran service organization
7shall be considered state chartered when the organization
8meets all of the requirements listed in this Act and the
9organization's application for state charter status has been
10approved by the Attorney General. Upon approval, the Attorney
11General shall issue a letter granting state charter status to
12the organization.
13    Section 10. Granting of state charter status. The Attorney
14General shall grant state charter status to any organization
15that has demonstrated that all requirements for obtaining
16state charter status have been met.
17    Section 15. State charter requirements. To qualify for
18state charter status, a veteran service organization must:
19        (1)(A) Have been formed by and for veterans, have a
20    board where a majority of its members are veterans, and
21    have annual expenditures that demonstrate that a majority



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1    of the organization's expenses reflect support for
2    veterans; or (B) have a paid membership of at least 15
3    individuals and be associated with a congressionally
4    chartered organization.
5        (2) Possess tax-exempt status from the Internal
6    Revenue Service either under Section 501(c)(3) or Section
7    501(c)(19) of the Internal Revenue Code and have the
8    primary charitable purpose of providing service or
9    assistance to veterans, their spouses, or their
10    dependents.
11        (3) Possess a current certificate of good standing as
12    an Illinois registered not-for-profit organization from
13    the Secretary of State.
14        (4) Obtain and maintain ongoing registration and
15    compliance under the Charitable Trust Act with the
16    Charitable Trust Bureau of the Attorney General's Office
17    or substantiation for an exemption.
18        (5) For organizations with veteran service officers,
19    demonstrate that each veteran service officer possesses a
20    valid U.S. Department of Veterans Affairs accreditation or
21    that such accreditation is pending.
22        (6) Comply with the methods and criteria set forth
23    under Section 9 of the Military Veterans Assistance Act if
24    the veteran service organization has delegates and
25    alternates or is in the process of selecting and
26    submitting delegates and alternates to a county Veterans



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1    Assistance Commission at the time of application for State
2    charter status.
3    Section 20. Application for state charter status. A
4veteran service organization may submit an application for
5state charter status to the Attorney General. All supporting
6documentation demonstrating that each of the requirements
7listed in this Act have been met shall be provided with the
9    Section 25. Attestation of compliance. Any application for
10state charter status shall include the following statement, on
11organizational letterhead and signed by all officers: "All
12officers for (insert lawful organizational name) do hereby
13attest that all requirements for a state charter have been
14met, that there are no past or ongoing enforcement actions or
15lawsuits against the organization or any of its officers for
16violations or suspected violations of the Consumer Fraud and
17Deceptive Business Practices Act, or the Military Veterans
18Assistance Act, and that we will notify the Attorney General
19within 30 days if, at any point, the organization no longer
20meets one or more of the requirements for state charter
22    Section 30. Denial of state charter. The Attorney General
23shall deny an application for state charter status to any



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1organization that does not meet all the requirements for state
2charter status in Section 15. Any organization whose state
3charter application has been denied may resubmit that
4application once all deficiencies have been corrected.
5    Section 35. Duration of state charter status. State
6charter status shall be valid for 3 years. A veteran service
7organization must reapply for state charter status at least
8120 days prior to the expiration of its current state charter
10    Section 40. Revocation. If the Attorney General is made
11aware, either through notification as provided in Section 30
12or through other information or evidence, that an organization
13that has been granted state charter status no longer meets one
14or more of the requirements of Section 15, the Attorney
15General may revoke the state charter status. Nothing in this
16Section is intended to take away or limit any powers of the
17Attorney General under common law or other statutory law, and
18the Attorney General may, in his or her sole discretion,
19request that a court revoke state charter status based on
20other conduct not specifically listed in this Section.
21    Section 45. Publication of state chartered veteran service
22organizations. The Attorney General shall maintain a publicly
23accessible list of state chartered veteran service



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2    Section 50. Violation; remedies. It is a violation of
3Section 9 of the Military Veterans Assistance Act for any
4person, group, or entity to assert state charter status where
5such status has not been granted in accordance with this Act or
6where such status has been revoked. In addition to any other
7remedies, a court may assess a civil penalty not to exceed
8$5,000 for each violation of this Act.