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


Sen. Mike Porfirio

Filed: 5/9/2023





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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 if
6    the veteran service organization has delegates and
7    alternates or is in the process of selecting and
8    submitting delegates and alternates to a county Veterans
9    Assistance Commission at the time of application for State
10    charter status.
11    Section 20. Application for state charter status. A
12veteran service organization may submit an application for
13state charter status to the Attorney General. All supporting
14documentation demonstrating that each of the requirements
15listed in this Act have been met shall be provided with the
17    Section 25. Attestation of compliance. Any application for
18state charter status shall include the following statement, on
19organizational letterhead and signed by all officers: "All
20officers for (insert lawful organizational name) do hereby
21attest that all requirements for a state charter have been
22met, that there are no past or ongoing enforcement actions or
23lawsuits against the organization or any of its officers for
24violations or suspected violations of the Consumer Fraud and



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1Deceptive Business Practices Act, or the Military Veterans
2Assistance Act, and that we will notify the Attorney General
3within 30 days if, at any point, the organization no longer
4meets one or more of the requirements for state charter
6    Section 30. Denial of state charter. The Attorney General
7shall deny an application for state charter status to any
8organization that does not meet all the requirements for state
9charter status in Section 15. Any organization whose state
10charter application has been denied may resubmit that
11application once all deficiencies have been corrected.
12    Section 35. Duration of state charter status. State
13charter status shall be valid for 3 years. A veteran service
14organization must reapply for state charter status at least
15120 days prior to the expiration of its current state charter
17    Section 40. Revocation. If the Attorney General is made
18aware, either through notification as provided in Section 30
19or through other information or evidence, that an organization
20that has been granted state charter status no longer meets one
21or more of the requirements of Section 15, the Attorney
22General may revoke the state charter status. Nothing in this
23Section is intended to take away or limit any powers of the



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1Attorney General under common law or other statutory law, and
2the Attorney General may, in his or her sole discretion,
3request that a court revoke state charter status based on
4other conduct not specifically listed in this Section.
5    Section 45. Publication of state chartered veteran service
6organizations. The Attorney General shall maintain a publicly
7accessible list of state chartered veteran service
9    Section 50. Violation; remedies. It is a violation of
10Section 9 of the Military Veterans Assistance Act for any
11person, group, or entity to assert state charter status where
12such status has not been granted in accordance with this Act or
13where such status has been revoked. In addition to any other
14remedies, a court may assess a civil penalty not to exceed
15$5,000 for each violation of this Act.".