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Public Act 102-1140 | ||||
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AN ACT concerning veterans.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Veterans' Affairs Act is | ||||
amended by changing Section 37 as follows: | ||||
(20 ILCS 2805/37) | ||||
Sec. 37. Illinois Joining Forces Foundation. | ||||
(a) The General Assembly finds that navigating the "sea of | ||||
goodwill" for those who serve in uniform is one of the greatest | ||||
challenges that transitioning veterans face; as a result, they | ||||
risk being unable to access many of the federal, State, and | ||||
non-profit resources available to them. Recognizing this | ||||
problem, the Department of Veterans' Affairs and the | ||||
Department of Military Affairs acted to establish the Illinois | ||||
Joining Forces initiative, a public-private network of | ||||
military and veteran-serving organizations that are working | ||||
together, in person and online, to create a no-wrong-door | ||||
system of support for the State's military and veteran | ||||
communities. Illinois Joining Forces is a nation-leading | ||||
model, awarded by the U.S. Department of Veterans Affairs and | ||||
the National Association of State Directors of Veterans | ||||
Affairs for its groundbreaking work in creating smarter, | ||||
collaborative community support for those in uniform, past and |
present. The foundation created by this amendatory Act of the | ||
98th General Assembly will serve to ensure the long-term | ||
sustainability of Illinois Joining Forces, which is critically | ||
important for the support of the State's military and veteran | ||
communities. | ||
(b) The Illinois Joining Forces Foundation shall benefit | ||
service members, veterans, and their families by: | ||
(1) convening military and veteran support | ||
organizations , through Illinois Joining Forces working | ||
groups, to build cross-sector relationships and mutual | ||
awareness; | ||
(2) providing policy recommendations through Illinois | ||
Joining Forces member working groups to the Illinois | ||
Veterans' Advisory Council ; | ||
(3) facilitating the transfer of information and | ||
knowledge among Illinois Joining Forces member | ||
organizations; | ||
(4) maintaining and continuing to build the | ||
no-wrong-door online navigation platform; | ||
(3) (5) educating Illinois Joining Forces members and | ||
other community providers regarding military and veteran | ||
culture and needs, thus improving the collective capacity | ||
of the support system; and | ||
(4) (6) outreaching directly to service members, | ||
veterans, and their families regarding the no-wrong-door | ||
system of support that Illinois Joining Forces provides to |
them. | ||
(c) For the purpose of this Section,
"veterans service | ||
organization" means an organization that meets all of the | ||
following criteria: | ||
(1) The organization is formed by and for United | ||
States military
veterans. | ||
(2) The organization is chartered by the United States | ||
Congress and
incorporated in the State of Illinois. | ||
(3) The organization has maintained a State | ||
headquarters office in
Illinois for the 10-year period | ||
immediately preceding the effective date of this | ||
amendatory Act of the 98th General Assembly. | ||
(4) The organization maintains at least one office in | ||
this State,
staffed by a veterans service officer. | ||
(5) The organization is capable of preparing a power | ||
of attorney
for a veteran and processing claims for | ||
veterans services. | ||
(6) The organization is not funded by the State of | ||
Illinois or by
any county in this State. | ||
(d) The General Assembly authorizes the Department of | ||
Veterans' Affairs, in accordance with Section 10 of the State | ||
Agency Entity Creation Act, to create the Illinois Joining | ||
Forces Foundation as a not-for-profit foundation. The | ||
Department shall file articles of incorporation as required | ||
under the General Not For Profit Corporation Act of 1986 to | ||
create the Foundation. |
The Foundation's Board of Directors shall be appointed as | ||
follows: one member appointed by the Governor; one member | ||
appointed by the President of the Senate; one member appointed | ||
by the Minority Leader of the Senate; one member appointed by | ||
the Speaker of the House of Representatives; and one member | ||
appointed by the Minority Leader of the House of | ||
Representatives ; and all of the members of the Illinois | ||
Joining Forces Executive Committee, who shall be appointed by | ||
the Director of Veterans' Affairs . | ||
The Foundation may also include up to 18 additional voting | ||
members of the Board of Directors: up to 9 members to be | ||
nominated and approved by the Board of Directors according to | ||
the Foundation's bylaws, and up to 9 members to be appointed by | ||
the Director of Veterans' Affairs or the Director of Military | ||
Affairs. The Board shall have an equal number of board or | ||
department appointed members. To ensure parity, no additional | ||
nominee may be considered by the Board of Directors unless a | ||
like appointment is made by the Department of Veterans' | ||
Affairs or the Department of Military Affairs, and vice versa. | ||
In addition to any veterans service organization | ||
otherwise represented on the Board of Directors, a veterans | ||
service organization may designate in writing an ex officio, | ||
non-voting participant to the Board of Directors. Any veterans | ||
service organization appointee under this provision Section | ||
does not count towards a quorum. | ||
The Director of Veterans' Affairs , or the Director's |
designee, and a designee chosen by the Director of Military | ||
Affairs who is a senior management official of the Department | ||
of Military Affairs with the authority to make decisions on | ||
behalf of the agency shall serve as members of the | ||
Foundation's Board of Directors. Board of Director | ||
appointments shall be for 2-year terms. Vacancies shall be | ||
filled by the official who made the statutory appointment | ||
recommendation for the vacated appointment . No member of the | ||
Board of Directors may receive compensation for his or her | ||
services to the Foundation. Upon appointment, the Board of | ||
Directors, as members of a public entity, shall be represented | ||
and indemnified pursuant to the requirements of the State | ||
Employee Indemnification Act. | ||
(e) The purposes of the Foundation are to: promote, | ||
support, assist, and sustain Illinois Joining Forces | ||
operations; solicit and accept grants and private donations | ||
and disburse them for the stated intent of the Foundation or | ||
the private donor; solicit and generate public and private | ||
funding and donations that assist in enhancing the Illinois | ||
Joining Forces mission, services, programs, and operations; | ||
and engage generally in other lawful endeavors consistent with | ||
the foregoing purposes. The foundation shall operate within | ||
the provisions of the General Not For Profit Corporation Act | ||
of 1986. | ||
(f) The As soon as practicable after the Foundation is | ||
created, the Board of Directors shall meet, organize, and |
designate, by majority vote, a chairperson, a treasurer, a | ||
secretary, and any additional officers that may be needed to | ||
carry out the activities of the Foundation and shall adopt | ||
bylaws of the Foundation. In consultation with the | ||
Foundation's Board of Directors, the Department of Veterans' | ||
Affairs or the Department of Military Affairs may provide | ||
assistance in adopting other rules deemed necessary to govern | ||
Foundation procedures. The Department of Veterans' Affairs, in | ||
consultation with the Department of Military Affairs, may | ||
adopt other rules deemed necessary to govern Foundation | ||
procedures. | ||
(g) The Foundation may request and accept gifts, grants, | ||
donations, or bequests from the federal government or its | ||
agencies or officers or from any person, firm, or corporation, | ||
and may expend receipts on activities that it considers | ||
suitable to the performance of its duties under this Section | ||
and consistent with any requirement of the grant, gift, | ||
donation, or bequest. Funds collected by the Foundation shall | ||
be considered private funds and shall be held in an | ||
appropriate account outside of the State treasury. Private | ||
funds collected by the Foundation are not subject to the | ||
Public Funds Investment Act. The treasurer of the Foundation | ||
shall be the custodian of all Foundation funds. The treasurer | ||
shall be required to obtain a fidelity or surety bond on | ||
satisfactory terms and in sufficient amounts to protect the | ||
interests of the Foundation, the cost of which shall be |
reimbursed by the Foundation. The Foundation and its officers | ||
shall be responsible for the approval of the recording of | ||
receipts, approval of payments, and the proper filing of | ||
required reports. The Foundation may be assisted in carrying | ||
out its functions by Department of Military Affairs and | ||
Department of Veterans' Affairs personnel as determined by the | ||
respective Directors . The Department of Military Affairs and | ||
the Department of Veterans' Affairs may shall provide | ||
reasonable assistance to the Foundation to achieve the | ||
purposes of the Foundation as determined by the respective | ||
Directors. The Foundation shall cooperate fully with the | ||
boards, commissions, agencies, departments, and institutions | ||
of the State. The funds held and made available by the Illinois | ||
Joining Forces Foundation shall be subject to financial and | ||
compliance audits in accordance with the Illinois State | ||
Auditing Act. The Foundation shall not have any power of | ||
eminent domain. The Foundation shall not construct or make any | ||
permanent improvements to any real property. | ||
(h) The Foundation must provide a written notice to any | ||
entity providing a gift, grant, donation, or bequest to the | ||
Foundation that the Foundation is not subject to the | ||
provisions of the Public Funds Investment Act, which Act | ||
places limitations on the types of securities in which a | ||
public agency may invest public funds.
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(i) Notwithstanding any law to the contrary, the | ||
Foundation is not eligible for any grant administered or |
funded by the Department of Veterans' Affairs or the | ||
Department of Military Affairs , but may receive services, | ||
including, but not limited to, contractual services, provided | ||
by either Department .
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(Source: P.A. 100-10, eff. 6-30-17.)
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