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Rep. Linda Chapa LaVia
Filed: 5/22/2014
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1 | | AMENDMENT TO SENATE BILL 3222
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2 | | AMENDMENT NO. ______. Amend Senate Bill 3222, AS AMENDED, |
3 | | by replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Department of Veterans Affairs Act is |
6 | | amended by adding Section 37 as follows: |
7 | | (20 ILCS 2805/37 new) |
8 | | Sec. 37. Illinois Joining Forces Foundation. |
9 | | (a) The General Assembly finds that navigating the "sea of |
10 | | goodwill" for those who serve in uniform is one of the greatest |
11 | | challenges that transitioning veterans face; as a result, they |
12 | | risk being unable to access many of the federal, State, and |
13 | | non-profit resources available to them. Recognizing this |
14 | | problem, the Department of Veterans' Affairs and the Department |
15 | | of Military Affairs acted to establish the Illinois Joining |
16 | | Forces initiative, a public-private network of military and |
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1 | | veteran-serving organizations that are working together, in |
2 | | person and online, to create a no-wrong-door system of support |
3 | | for the State's military and veteran communities. Illinois |
4 | | Joining Forces is a nation-leading model, awarded by the U.S. |
5 | | Department of Veterans Affairs and the National Association of |
6 | | State Directors of Veterans Affairs for its groundbreaking work |
7 | | in creating smarter, collaborative community support for those |
8 | | in uniform, past and present. The foundation created by this |
9 | | amendatory Act of the 98th General Assembly will serve to |
10 | | ensure the long-term sustainability of Illinois Joining |
11 | | Forces, which is critically important for the support of the |
12 | | State's military and veteran communities. |
13 | | (b) The Illinois Joining Forces Foundation shall benefit |
14 | | service 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 | | Discharged Servicemember Task Force and the Illinois |
22 | | Veterans' Advisory Council; |
23 | | (3) facilitating the transfer of information and |
24 | | knowledge among Illinois Joining Forces member |
25 | | organizations; |
26 | | (4) maintaining and continuing to build the |
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1 | | no-wrong-door online navigation platform; |
2 | | (5) educating Illinois Joining Forces members and |
3 | | other community providers regarding military and veteran |
4 | | culture and needs, thus improving the collective capacity |
5 | | of the support system; and |
6 | | (6) outreaching directly to service members, veterans, |
7 | | and their families regarding the no-wrong-door system that |
8 | | Illinois Joining Forces provides to them. |
9 | | (c) For the purpose of this Section,
"veterans service |
10 | | organization" means an organization that meets all of the |
11 | | following criteria: |
12 | | (1) The organization is formed by and for United States |
13 | | 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 of |
23 | | attorney
for a veteran and processing claims for veterans |
24 | | 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 |
2 | | Veterans' Affairs, in accordance with Section 10 of the State |
3 | | Agency Entity Creation Act, to create the Illinois Joining |
4 | | Forces Foundation as a not-for-profit foundation. The |
5 | | Department shall file articles of incorporation as required |
6 | | under the General Not For Profit Corporation Act of 1986 to |
7 | | create the Foundation. The Foundation's Board of Directors |
8 | | shall be appointed as follows: one member appointed by the |
9 | | Governor; one member appointed by the President of the Senate; |
10 | | one member appointed by the Minority Leader of the Senate; one |
11 | | member appointed by the Speaker of the House of |
12 | | Representatives; one member appointed by the Minority Leader of |
13 | | the House of Representatives; and all of the members of the |
14 | | Illinois Joining Forces Executive Committee, who shall be |
15 | | appointed by the Director of Veterans' Affairs. In addition to |
16 | | any veterans service organization otherwise represented on the |
17 | | Board of Directors, a veterans service organization may |
18 | | designate in writing an ex officio, non-voting participant to |
19 | | the Board of Directors. Any veterans service organization |
20 | | appointee under this Section does not count towards a quorum. |
21 | | The Director of Veterans' Affairs and a designee chosen by the |
22 | | Director of Military Affairs who is a senior management |
23 | | official of the Department of Military Affairs with the |
24 | | authority to make decisions on behalf of the agency shall serve |
25 | | as members of the Foundation's Board of Directors. Board of |
26 | | Director appointments shall be for 2-year terms. Vacancies |
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1 | | shall be filled by the official who made the recommendation for |
2 | | the vacated appointment. No member of the Board of Directors |
3 | | may receive compensation for his or her services to the |
4 | | Foundation. Upon appointment, the Board of Directors, as |
5 | | members of a public entity, shall be represented and |
6 | | indemnified pursuant to the requirements of the State Employee |
7 | | Indemnification Act. |
8 | | (e) The purposes of the Foundation are to: promote, |
9 | | support, assist, and sustain Illinois Joining Forces |
10 | | operations; solicit and accept grants and private donations and |
11 | | disburse them for the stated intent of the Foundation or the |
12 | | private donor; solicit and generate public and private funding |
13 | | and donations that assist in enhancing the Illinois Joining |
14 | | Forces mission, services, programs, and operations; and engage |
15 | | generally in other lawful endeavors consistent with the |
16 | | foregoing purposes. The foundation shall operate within the |
17 | | provisions of the General Not For Profit Corporation Act of |
18 | | 1986. |
19 | | (f) As soon as practicable after the Foundation is created, |
20 | | the Board of Directors shall meet, organize, and designate, by |
21 | | majority vote, a chairperson, a treasurer, a secretary, and any |
22 | | additional officers that may be needed to carry out the |
23 | | activities of the Foundation and shall adopt bylaws of the |
24 | | Foundation. The Department of Veterans' Affairs, in |
25 | | consultation with the Department of Military Affairs, may adopt |
26 | | other rules deemed necessary to govern Foundation procedures. |
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1 | | (g) The Foundation may request and accept gifts, grants, |
2 | | donations, or bequests from the federal government or its |
3 | | agencies or officers or from any person, firm, or corporation, |
4 | | and may expend receipts on activities that it considers |
5 | | suitable to the performance of its duties under this Section |
6 | | and consistent with any requirement of the grant, gift, |
7 | | donation, or bequest. Funds collected by the Foundation shall |
8 | | be considered private funds and shall be held in an appropriate |
9 | | account outside of the State Treasury. Private funds collected |
10 | | by the Foundation are not subject to the Public Funds |
11 | | Investment Act. The treasurer of the Foundation shall be the |
12 | | custodian of all Foundation funds. The treasurer shall be |
13 | | required to obtain a fidelity or surety bond on satisfactory |
14 | | terms and in sufficient amounts to protect the interests of the |
15 | | Foundation, the cost of which shall be reimbursed by the |
16 | | Foundation. The Foundation and its officers shall be |
17 | | responsible for the approval of the recording of receipts, |
18 | | approval of payments, and the proper filing of required |
19 | | reports. The Foundation may be assisted in carrying out its |
20 | | functions by Department of Military Affairs and Department of |
21 | | Veterans' Affairs personnel. The Department of Military |
22 | | Affairs and the Department of Veterans' Affairs shall provide |
23 | | reasonable assistance to the Foundation to achieve the purposes |
24 | | of the Foundation as determined by the respective Directors. |
25 | | The Foundation shall cooperate fully with the boards, |
26 | | commissions, agencies, departments, and institutions of the |
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1 | | State. The funds held and made available by the Illinois |
2 | | Joining Forces Foundation shall be subject to financial and |
3 | | compliance audits in accordance with the Illinois State |
4 | | Auditing Act. The Foundation shall not have any power of |
5 | | eminent domain. The Foundation shall not construct or make any |
6 | | permanent improvements to any real property. |
7 | | (h) The Foundation must provide a written notice to any |
8 | | entity providing a gift, grant, donation, or bequest to the |
9 | | Foundation that the Foundation is not subject to the provisions |
10 | | of the Public Funds Investment Act, which Act places |
11 | | limitations on the types of securities in which a public agency |
12 | | may invest public funds.
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13 | | (i) Notwithstanding any law to the contrary, the Foundation |
14 | | is not eligible for any grant administered or funded by the |
15 | | Department of Veterans' Affairs or the Department of Military |
16 | | Affairs.
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17 | | Section 99. Effective date. This Act takes effect upon |
18 | | becoming law.".
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