HB4680 103RD GENERAL ASSEMBLY

LRB103 35113 KTG 65070 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4680

Introduced 2/6/2024, by Rep. Cyril Nichols

SYNOPSIS AS INTRODUCED:

330 ILCS 46/1
330 ILCS 46/5
330 ILCS 46/10
330 ILCS 46/15
330 ILCS 46/20
330 ILCS 46/25
330 ILCS 46/30
330 ILCS 46/35
330 ILCS 46/40
330 ILCS 46/45
330 ILCS 46/50

Amends the Veteran Service Organizations State Charter Act. Changes the name of the Act to the Veteran Service Organizations Equal Act. Provides that a veteran service organization shall be considered to have veteran service organization status (rather than shall be considered state chartered) when the organization meets all of the requirements listed in the Act and the organization's application for veteran service organization status (rather than state charter status) has been approved by the Attorney General. Makes corresponding changes throughout the Act. Provides that the Attorney General shall grant veteran service organization status (rather than state charter status) to any organization that has demonstrated that all requirements for obtaining veteran service organization status (rather than state charter status) have been met. Requires a veteran service organization to have annual expenditures that demonstrate that 20% (rather than a majority) of the organization's expenses reflect support for veterans in order to qualify for veteran service organization status. Requires an application for veteran service organization status to include a statement from the organization's Commander, President, or chief executive officer (rather than all officers of the organization) attesting that all requirements for a veteran service organization status have been met.

A BILL FOR

AN ACT concerning veterans.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Veteran Service Organizations State Charter Act is amended by changing the title of the Act and Sections 1, 5, 10, 15, 20, 25, 30, 35, 40, 45, and 50 as follows:

(330 ILCS 46/1)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 1. Short title. This Act may be cited as the Veteran Service Organizations Equal State Charter Act.

(Source: P.A. 103-405, eff. 1-1-24.)

(330 ILCS 46/5)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 5. Veteran service organization status State charter. A veteran service organization shall be considered to have veteran service organization status state chartered when the organization meets all of the requirements listed in this Act and the organization's application for veteran service organization state charter status has been approved by the Attorney General. Upon approval, the Attorney General shall issue a letter granting veteran service organization state charter status to the organization.

(Source: P.A. 103-405, eff. 1-1-24.)

(330 ILCS 46/10)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 10. Granting of veteran service organization state charter status. The Attorney General shall grant veteran service organization state charter status to any organization that has demonstrated that all requirements for obtaining veteran service organization state charter status have been met.

(Source: P.A. 103-405, eff. 1-1-24.)

(330 ILCS 46/15)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 15. Veteran service organization State charter requirements. To qualify for veteran service organization state charter status, a veteran service organization must:

(1)(A) Have been formed by and for veterans, have a board where a majority of its members are veterans, and have annual expenditures that demonstrate that 20% a majority of the organization's expenses reflect support for veterans; or (B) have a paid membership of at least 15 individuals and be associated with a congressionally chartered organization.

(2) Possess tax-exempt status from the Internal Revenue Service either under Section 501(c)(3) or Section 501(c)(19) of the Internal Revenue Code and have the primary charitable purpose of providing service or assistance to veterans, their spouses, or their dependents.

(3) Possess a current certificate of good standing as an Illinois registered not-for-profit organization from the Secretary of State.

(4) Obtain and maintain ongoing registration and compliance under the Charitable Trust Act with the Charitable Trust Bureau of the Attorney General's Office or substantiation for an exemption.

(5) For organizations with veteran service officers, demonstrate that each veteran service officer possesses a valid U.S. Department of Veterans Affairs accreditation or that such accreditation is pending.

(6) Comply with the methods and criteria set forth under Section 9 of the Military Veterans Assistance Act if the veteran service organization has delegates and alternates or is in the process of selecting and submitting delegates and alternates to a county Veterans Assistance Commission at the time of application for veteran service organization State charter status.

(Source: P.A. 103-405, eff. 1-1-24.)

(330 ILCS 46/20)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 20. Application for veteran service organization state charter status. A veteran service organization may submit an application for veteran service organization state charter status to the Attorney General. All supporting documentation demonstrating that each of the requirements listed in this Act have been met shall be provided with the application.

(Source: P.A. 103-405, eff. 1-1-24.)

(330 ILCS 46/25)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 25. Attestation of compliance. Any application for veteran service organization state charter status shall include the following statement, from the Commander, President, or chief executive officer: "I, on organizational letterhead and signed by all officers: "All officers for (insert lawful organizational name of the Commander, President, or chief executive officer) do hereby attest that all requirements for a veteran service organization status state charter have been met, that there are no past or ongoing enforcement actions or lawsuits against the organization or any of its officers for violations or suspected violations of the Consumer Fraud and Deceptive Business Practices Act, or the Military Veterans Assistance Act, and that we will notify the Attorney General within 30 days if, at any point, the organization no longer meets one or more of the requirements for veteran service organization state charter status."

(Source: P.A. 103-405, eff. 1-1-24.)

(330 ILCS 46/30)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 30. Denial of veteran service organization state charter. The Attorney General shall deny an application for veteran service organization state charter status to any organization that does not meet all the requirements for veteran service organization state charter status in Section 15. Any organization whose veteran service organization state charter application has been denied may resubmit that application once all deficiencies have been corrected.

(Source: P.A. 103-405, eff. 1-1-24.)

(330 ILCS 46/35)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 35. Duration of veteran service organization state charter status. Veteran service organization State charter status shall be valid for 3 years. A veteran service organization must reapply for veteran service organization state charter status at least 120 days prior to the expiration of its current state charter status.

(Source: P.A. 103-405, eff. 1-1-24.)

(330 ILCS 46/40)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 40. Revocation. If the Attorney General is made aware, either through notification as provided in Section 30 or through other information or evidence, that an organization that has been granted veteran service organization state charter status no longer meets one or more of the requirements of Section 15, the Attorney General may revoke the veteran service organization state charter status. Nothing in this Section is intended to take away or limit any powers of the Attorney General under common law or other statutory law, and the Attorney General may, in his or her sole discretion, request that a court revoke veteran service organization state charter status based on other conduct not specifically listed in this Section.

(Source: P.A. 103-405, eff. 1-1-24.)

(330 ILCS 46/45)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 45. Publication of state chartered veteran service organizations. The Attorney General shall maintain a publicly accessible list of state chartered veteran service organizations that are granted status in accordance with this Act.

(Source: P.A. 103-405, eff. 1-1-24.)

(330 ILCS 46/50)

(This Section may contain text from a Public Act with a delayed effective date)

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

(Source: P.A. 103-405, eff. 1-1-24.)