Bill Text: IL SB1394 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Department of Veterans Affairs Act. Makes a technical change in a Section concerning the Illinois Joining Forces Foundation.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2019-01-09 - Session Sine Die [SB1394 Detail]
Download: Illinois-2017-SB1394-Introduced.html
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| 1 | AN ACT concerning State government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Department of Veterans Affairs Act is | |||||||||||||||||||
| 5 | amended by changing Section 37 as follows:
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| 6 | (20 ILCS 2805/37) | |||||||||||||||||||
| 7 | Sec. 37. Illinois Joining Forces Foundation. | |||||||||||||||||||
| 8 | (a) The General Assembly finds that that navigating the | |||||||||||||||||||
| 9 | "sea of goodwill" for those who serve in uniform is one of the | |||||||||||||||||||
| 10 | greatest challenges that transitioning veterans face; as a | |||||||||||||||||||
| 11 | result, they risk being unable to access many of the federal, | |||||||||||||||||||
| 12 | State, and non-profit resources available to them. Recognizing | |||||||||||||||||||
| 13 | this problem, the Department of Veterans' Affairs and the | |||||||||||||||||||
| 14 | Department of Military Affairs acted to establish the Illinois | |||||||||||||||||||
| 15 | Joining Forces initiative, a public-private network of | |||||||||||||||||||
| 16 | military and veteran-serving organizations that are working | |||||||||||||||||||
| 17 | together, in person and online, to create a no-wrong-door | |||||||||||||||||||
| 18 | system of support for the State's military and veteran | |||||||||||||||||||
| 19 | communities. Illinois Joining Forces is a nation-leading | |||||||||||||||||||
| 20 | model, awarded by the U.S. Department of Veterans Affairs and | |||||||||||||||||||
| 21 | the National Association of State Directors of Veterans Affairs | |||||||||||||||||||
| 22 | for its groundbreaking work in creating smarter, collaborative | |||||||||||||||||||
| 23 | community support for those in uniform, past and present. The | |||||||||||||||||||
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| 1 | foundation created by this amendatory Act of the 98th General | ||||||
| 2 | Assembly will serve to ensure the long-term sustainability of | ||||||
| 3 | Illinois Joining Forces, which is critically important for the | ||||||
| 4 | support of the State's military and veteran communities. | ||||||
| 5 | (b) The Illinois Joining Forces Foundation shall benefit | ||||||
| 6 | service members, veterans, and their families by: | ||||||
| 7 | (1) convening military and veteran support | ||||||
| 8 | organizations, through Illinois Joining Forces working | ||||||
| 9 | groups, to build cross-sector relationships and mutual | ||||||
| 10 | awareness; | ||||||
| 11 | (2) providing policy recommendations through Illinois | ||||||
| 12 | Joining Forces member working groups to the Illinois | ||||||
| 13 | Discharged Servicemember Task Force and the Illinois | ||||||
| 14 | Veterans' Advisory Council; | ||||||
| 15 | (3) facilitating the transfer of information and | ||||||
| 16 | knowledge among Illinois Joining Forces member | ||||||
| 17 | organizations; | ||||||
| 18 | (4) maintaining and continuing to build the | ||||||
| 19 | no-wrong-door online navigation platform; | ||||||
| 20 | (5) educating Illinois Joining Forces members and | ||||||
| 21 | other community providers regarding military and veteran | ||||||
| 22 | culture and needs, thus improving the collective capacity | ||||||
| 23 | of the support system; and | ||||||
| 24 | (6) outreaching directly to service members, veterans, | ||||||
| 25 | and their families regarding the no-wrong-door system that | ||||||
| 26 | Illinois Joining Forces provides to them. | ||||||
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| 1 | (c) For the purpose of this Section,
"veterans service | ||||||
| 2 | organization" means an organization that meets all of the | ||||||
| 3 | following criteria: | ||||||
| 4 | (1) The organization is formed by and for United States | ||||||
| 5 | military
veterans. | ||||||
| 6 | (2) The organization is chartered by the United States | ||||||
| 7 | Congress and
incorporated in the State of Illinois. | ||||||
| 8 | (3) The organization has maintained a State | ||||||
| 9 | headquarters office in
Illinois for the 10-year period | ||||||
| 10 | immediately preceding the effective date of this | ||||||
| 11 | amendatory Act of the 98th General Assembly. | ||||||
| 12 | (4) The organization maintains at least one office in | ||||||
| 13 | this State,
staffed by a veterans service officer. | ||||||
| 14 | (5) The organization is capable of preparing a power of | ||||||
| 15 | attorney
for a veteran and processing claims for veterans | ||||||
| 16 | services. | ||||||
| 17 | (6) The organization is not funded by the State of | ||||||
| 18 | Illinois or by
any county in this State. | ||||||
| 19 | (d) The General Assembly authorizes the Department of | ||||||
| 20 | Veterans' Affairs, in accordance with Section 10 of the State | ||||||
| 21 | Agency Entity Creation Act, to create the Illinois Joining | ||||||
| 22 | Forces Foundation as a not-for-profit foundation. The | ||||||
| 23 | Department shall file articles of incorporation as required | ||||||
| 24 | under the General Not For Profit Corporation Act of 1986 to | ||||||
| 25 | create the Foundation. The Foundation's Board of Directors | ||||||
| 26 | shall be appointed as follows: one member appointed by the | ||||||
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| 1 | Governor; one member appointed by the President of the Senate; | ||||||
| 2 | one member appointed by the Minority Leader of the Senate; one | ||||||
| 3 | member appointed by the Speaker of the House of | ||||||
| 4 | Representatives; one member appointed by the Minority Leader of | ||||||
| 5 | the House of Representatives; and all of the members of the | ||||||
| 6 | Illinois Joining Forces Executive Committee, who shall be | ||||||
| 7 | appointed by the Director of Veterans' Affairs. In addition to | ||||||
| 8 | any veterans service organization otherwise represented on the | ||||||
| 9 | Board of Directors, a veterans service organization may | ||||||
| 10 | designate in writing an ex officio, non-voting participant to | ||||||
| 11 | the Board of Directors. Any veterans service organization | ||||||
| 12 | appointee under this Section does not count towards a quorum. | ||||||
| 13 | The Director of Veterans' Affairs and a designee chosen by the | ||||||
| 14 | Director of Military Affairs who is a senior management | ||||||
| 15 | official of the Department of Military Affairs with the | ||||||
| 16 | authority to make decisions on behalf of the agency shall serve | ||||||
| 17 | as members of the Foundation's Board of Directors. Board of | ||||||
| 18 | Director appointments shall be for 2-year terms. Vacancies | ||||||
| 19 | shall be filled by the official who made the recommendation for | ||||||
| 20 | the vacated appointment. No member of the Board of Directors | ||||||
| 21 | may receive compensation for his or her services to the | ||||||
| 22 | Foundation. Upon appointment, the Board of Directors, as | ||||||
| 23 | members of a public entity, shall be represented and | ||||||
| 24 | indemnified pursuant to the requirements of the State Employee | ||||||
| 25 | Indemnification Act. | ||||||
| 26 | (e) The purposes of the Foundation are to: promote, | ||||||
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| 1 | support, assist, and sustain Illinois Joining Forces | ||||||
| 2 | operations; solicit and accept grants and private donations and | ||||||
| 3 | disburse them for the stated intent of the Foundation or the | ||||||
| 4 | private donor; solicit and generate public and private funding | ||||||
| 5 | and donations that assist in enhancing the Illinois Joining | ||||||
| 6 | Forces mission, services, programs, and operations; and engage | ||||||
| 7 | generally in other lawful endeavors consistent with the | ||||||
| 8 | foregoing purposes. The foundation shall operate within the | ||||||
| 9 | provisions of the General Not For Profit Corporation Act of | ||||||
| 10 | 1986. | ||||||
| 11 | (f) As soon as practicable after the Foundation is created, | ||||||
| 12 | the Board of Directors shall meet, organize, and designate, by | ||||||
| 13 | majority vote, a chairperson, a treasurer, a secretary, and any | ||||||
| 14 | additional officers that may be needed to carry out the | ||||||
| 15 | activities of the Foundation and shall adopt bylaws of the | ||||||
| 16 | Foundation. The Department of Veterans' Affairs, in | ||||||
| 17 | consultation with the Department of Military Affairs, may adopt | ||||||
| 18 | other rules deemed necessary to govern Foundation procedures. | ||||||
| 19 | (g) The Foundation may request and accept gifts, grants, | ||||||
| 20 | donations, or bequests from the federal government or its | ||||||
| 21 | agencies or officers or from any person, firm, or corporation, | ||||||
| 22 | and may expend receipts on activities that it considers | ||||||
| 23 | suitable to the performance of its duties under this Section | ||||||
| 24 | and consistent with any requirement of the grant, gift, | ||||||
| 25 | donation, or bequest. Funds collected by the Foundation shall | ||||||
| 26 | be considered private funds and shall be held in an appropriate | ||||||
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| 1 | account outside of the State treasury. Private funds collected | ||||||
| 2 | by the Foundation are not subject to the Public Funds | ||||||
| 3 | Investment Act. The treasurer of the Foundation shall be the | ||||||
| 4 | custodian of all Foundation funds. The treasurer shall be | ||||||
| 5 | required to obtain a fidelity or surety bond on satisfactory | ||||||
| 6 | terms and in sufficient amounts to protect the interests of the | ||||||
| 7 | Foundation, the cost of which shall be reimbursed by the | ||||||
| 8 | Foundation. The Foundation and its officers shall be | ||||||
| 9 | responsible for the approval of the recording of receipts, | ||||||
| 10 | approval of payments, and the proper filing of required | ||||||
| 11 | reports. The Foundation may be assisted in carrying out its | ||||||
| 12 | functions by Department of Military Affairs and Department of | ||||||
| 13 | Veterans' Affairs personnel. The Department of Military | ||||||
| 14 | Affairs and the Department of Veterans' Affairs shall provide | ||||||
| 15 | reasonable assistance to the Foundation to achieve the purposes | ||||||
| 16 | of the Foundation as determined by the respective Directors. | ||||||
| 17 | The Foundation shall cooperate fully with the boards, | ||||||
| 18 | commissions, agencies, departments, and institutions of the | ||||||
| 19 | State. The funds held and made available by the Illinois | ||||||
| 20 | Joining Forces Foundation shall be subject to financial and | ||||||
| 21 | compliance audits in accordance with the Illinois State | ||||||
| 22 | Auditing Act. The Foundation shall not have any power of | ||||||
| 23 | eminent domain. The Foundation shall not construct or make any | ||||||
| 24 | permanent improvements to any real property. | ||||||
| 25 | (h) The Foundation must provide a written notice to any | ||||||
| 26 | entity providing a gift, grant, donation, or bequest to the | ||||||
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| 1 | Foundation that the Foundation is not subject to the provisions | ||||||
| 2 | of the Public Funds Investment Act, which Act places | ||||||
| 3 | limitations on the types of securities in which a public agency | ||||||
| 4 | may invest public funds.
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| 5 | (i) Notwithstanding any law to the contrary, the Foundation | ||||||
| 6 | is not eligible for any grant administered or funded by the | ||||||
| 7 | Department of Veterans' Affairs or the Department of Military | ||||||
| 8 | Affairs.
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| 9 | (Source: P.A. 98-986, eff. 8-18-14.)
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