Bill Text: IL HB4121 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Department of Veterans' Affairs Act. Makes changes to the composition of the Illinois Joining Forces Foundation Board. Provides that the Department of Veterans' Affairs, in consultation with the Department of Military Affairs, may propose (rather than adopt) other rules deemed necessary to govern Foundation procedures. Provides that the Foundation must provide notice (rather than 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. Provides that if the Foundation's funds exceed $1,000,000 in any year (currently, there is no threshold amount), then it shall be subject to specified audits under the Illinois State Auditing Act. Provides that if the Foundation is funded below $1,000,000 annually, then the Foundation shall be exempt from the Illinois State Auditing Act. Provides that the Illinois Joining Forces Foundation shall be exempt from the Open Meetings Act so long as the Foundation does not receive funds from the State of Illinois. Provides that if the Foundation receive grants or funds from the State, then compliance with the Open Meetings Act shall be compulsory. Deletes provisions providing that the Foundation is not eligible for any grant administered or funded by the Department of Veterans' Affairs or the Department of Military Affairs. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4121 Detail]

Download: Illinois-2017-HB4121-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4121 Introduced , by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED:
20 ILCS 2805/37
Amends the Department of Veterans' Affairs Act. Makes changes to the composition of the Illinois Joining Forces Foundation Board. Provides that the Department of Veterans' Affairs, in consultation with the Department of Military Affairs, may propose (rather than adopt) other rules deemed necessary to govern Foundation procedures. Provides that the Foundation must provide notice (rather than 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. Provides that if the Foundation's funds exceed $1,000,000 in any year (currently, there is no threshold amount), then it shall be subject to specified audits under the Illinois State Auditing Act. Provides that if the Foundation is funded below $1,000,000 annually, then the Foundation shall be exempt from the Illinois State Auditing Act. Provides that the Illinois Joining Forces Foundation shall be exempt from the Open Meetings Act so long as the Foundation does not receive funds from the State of Illinois. Provides that if the Foundation receive grants or funds from the State, then compliance with the Open Meetings Act shall be compulsory. Deletes provisions providing that the Foundation is not eligible for any grant administered or funded by the Department of Veterans' Affairs or the Department of Military Affairs. Makes other changes. Effective immediately.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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 Public

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Act 98-986 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;
(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
(6) outreaching directly to service members, veterans,
and their families regarding the no-wrong-door system that
Illinois Joining Forces provides to them.
(c) For the purpose of this Section, "veterans service

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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 August 18, 2014 (the effective date
of Public Act 98-986) 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 shall be
organized in accordance with the bylaws of the Foundation. The

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Foundation bylaws shall, at a minimum, specify of Directors
nominated shall be appointed as follows:
(1) one member nominated appointed by the Governor;
(2) one member nominated appointed by the President of
the Senate;
(3) one member nominated appointed by the Minority
Leader of the Senate;
(4) one member nominated appointed by the Speaker of
the House of Representatives;
(5) one member nominated appointed by the Minority
Leader of the House of Representatives;
(6) the Director of Veterans' Affairs;
(7) the Director of Military Affairs or his or her
designee who is a senior management official of the
Department of Military Affairs with the authority to make
decisions on behalf of the Department of Military Affairs;
(8) seven members nominated by the Illinois Joining
Forces working groups; and
(9) seven members nominated by the Illinois Joining
Forces Funders Committee. all of the members of the
Illinois Joining Forces Executive Committee, who shall be
appointed by the Director of Veterans' Affairs.
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

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organization appointee under this Section does not count
towards a quorum. The Director of Veterans' Affairs 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
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.
Employees or specified agents of the Illinois Joining

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Forces Foundation shall be represented and indemnified
pursuant to the requirements of the State Employee
Indemnification Act.
(f) 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.
(g) The Department of Veterans' Affairs, in consultation
with the Department of Military Affairs, may propose adopt
other rules deemed necessary to govern Foundation procedures.
(h) (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 Foundation must provide notice to any entity providing
a gift, grant, donation, or bequest to the Foundation that the

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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.
(i) The treasurer of the Foundation shall be the custodian
of all Foundation funds and . 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.
(j) 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.
(k) The Foundation may be assisted in carrying out its
functions by Department of Military Affairs and Department of
Veterans' Affairs personnel. The Department of Military
Affairs and the Department of Veterans' Affairs shall provide
reasonable assistance to the Foundation to achieve the purposes
of the Foundation as determined by the respective Directors.
(l) The Foundation shall cooperate fully with the boards,
commissions, agencies, departments, and institutions of the
State.
(m) If The funds held and made available by the Illinois
Joining Forces Foundation Foundation's funds exceed $1,000,000
in any year, then the Foundation shall be subject to financial
and compliance audits in accordance with the Illinois State
Auditing Act. If the Illinois Joining Forces Foundation is

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funded below $1,000,000 annually, then the Foundation shall be
exempt from the Illinois State Auditing Act.
(n) The Illinois Joining Forces Foundation shall be exempt
from the Open Meetings Act so long as the Foundation does not
receive funds from the State of Illinois. If the Illinois
Joining Forces Foundation receives grants or funds from the
State of Illinois, then compliance with the Open Meetings Act
shall be compulsory.
(o) The Foundation shall not have any power of eminent
domain.
(p) 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.
(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.
(Source: P.A. 100-10, eff. 6-30-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.