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


Sen. Mike Porfirio

Filed: 5/4/2023





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2    AMENDMENT NO. ______. Amend House Bill 925, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the
6Veteran Service Organizations State Charter Act.
7    Section 5. State charter. A veteran service organization
8shall be considered state chartered when the organization
9meets all of the requirements listed in this Act and the
10organization's application for state charter status has been
11approved by the Attorney General. Upon approval, the Attorney
12General shall issue a letter granting state charter status to
13the organization.
14    Section 10. Granting of state charter status. The Attorney
15General shall grant state charter status to any organization



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1that has demonstrated that all requirements for obtaining
2state charter status have been met.
3    Section 15. State charter requirements. To qualify for
4state 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
9veteran service organization may submit an application for
10state charter status to the Attorney General. All supporting
11documentation demonstrating that each of the requirements
12listed in this Act have been met shall be provided with the
14    Section 25. Attestation of compliance. Any application for
15state charter status shall include the following statement, on
16organizational letterhead and signed by all officers: "All
17officers for (insert lawful organizational name) do hereby
18attest that all requirements for a state charter have been
19met, that there are no past or ongoing enforcement actions or
20lawsuits against the organization or any of its officers for
21violations or suspected violations of the Consumer Fraud and
22Deceptive Business Practices Act, or the Military Veterans
23Assistance Act, and that we will notify the Attorney General
24within 30 days if, at any point, the organization no longer



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1meets one or more of the requirements for state charter
3    Section 30. Denial of state charter. The Attorney General
4shall deny an application for state charter status to any
5organization that does not meet all the requirements for state
6charter status in Section 15. Any organization whose state
7charter application has been denied may resubmit that
8application once all deficiencies have been corrected.
9    Section 35. Duration of state charter status. State
10charter status shall be valid for 3 years. A veteran service
11organization must reapply for state charter status at least
12120 days prior to the expiration of its current state charter
14    Section 40. Revocation. If the Attorney General is made
15aware, either through notification as provided in Section 30
16or through other information or evidence, that an organization
17that has been granted state charter status no longer meets one
18or more of the requirements of Section 15, the Attorney
19General may revoke the state charter status. Nothing in this
20Section is intended to take away or limit any powers of the
21Attorney General under common law or other statutory law, and
22the Attorney General may, in his or her sole discretion,
23request that a court revoke state charter status based on



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1other conduct not specifically listed in this Section.
2    Section 45. Publication of state chartered veteran service
3organizations. The Attorney General shall maintain a publicly
4accessible list of state chartered veteran service
6    Section 50. Violation; remedies. It is a violation of
7Section 9 of the Military Veterans Assistance Act for any
8person, group, or entity to assert state charter status where
9such status has not been granted in accordance with this Act or
10where such status has been revoked. In addition to any other
11remedies, a court may assess a civil penalty not to exceed
12$5,000 for each violation of this Act.".